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The Service.
Site-Pulse is an advanced web site activity analysis and optimization service.
This service will allow you, the Customer, to send your site activity
information to Site-Pulse directly from your web site visitor.s browser to be
aggregated, analyzed and presented in various reports through Site-Pulse reports
website and/or downloadable and/or emailed documents.
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Statistics Code.
In order to aggregate your site activity information Site-Pulse will provide you
a unique HTML code (Code) with your personal account identifier and the
permission to add this code to each of your registered website pages. Site-Pulse
retains the ownership of this code and you are not permitted to change it, make
any use of this code other than for gathering statistics from your registered
site, give it to third party or put it in any website other than the registered
website. As part of this code Site-Pulse puts a small cookie in your site
visitor.s browser. This cookie does not contain any personal information other
than Site-Pulse internal identifiers and data.
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Registration and Member Account.
After the completion of the on-line registration procedure you will be given a
private and personal account and a non-exclusive license to access Site-Pulse
Service and use its facilities. As part of the registration procedure you are
required to provide us your accurate, complete and true registration details
including your email address which will also be used as your login name to the
Service and which Site-Pulse will use as a mean and way to contact you from time
to time and send you messages and/or notices as necessary. Upon any change in
the registration details you are obliged to notify Site-Pulse for any changes
within 20 days. All of the registration details including the login details to
Site-Pulse Service are private, confidential and may not be handed by either
party (Site-Pulse and Customer) to any other third party by any mean without a
written consent.
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Fees & Pricing.
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You agree to pay Spkit any Site-Pulse fees according to the services
you have selected. The selection and/or usage of any Site-Pulse services
will authorize Site-Pulse to charge you for all the related fees and
taxes corresponding to this service by using the credit card provided in
the registration procedure or by using any other agreed payment mean. If
a free trial period will be given to the Customer this period will be
free of any charge.
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Site-Pulse fees are taken on a monthly basis. If you wish to avoid the
payment of a subscription month you must cancel the subscription before
the start of the new coming month, Site-Pulse does not provide any
refunds what so ever.
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Our pricing table and fees policy is published in Site-Pulse official
web site (Site). We might change our pricing table and/or fee policy
from time to time and it will take effect only if at least 14 days has
passed from the publish date.
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Site-Pulse reserves the rights to deactivate Customer account or the
access to and/or the usage of its services if the Customer fails to pay
its fees. In order to avoid this in case the credit card you have
provided has expired Site-Pulse reserves the right to charge any
renewal card issued to you as a replacement.
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Privacy.
Your privacy and your website visitor.s privacy is important to us. Therefore:
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Your Site-Pulse account.s data and statistics are private, confidential
and protected with your private login details to the Service. Further
more you may choose to use Site-Pulse service with an encrypted SSL
connection.
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Site-Pulse has the right to publish statistics based on raw data taken
from several or all of its Customers accounts. Nevertheless under no
circumstance will Site-Pulse publish separate or specific Customer
account statistics without permission.
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During the registration procedure you will be asked to provide personal
details such as personal name, email address and credit card number.
These details are private and will be used by Site-Pulse as a mean of
contact or payment and will not be delivered to any third party without
permission.
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Term of Agreement.
The term of this Agreement will begin on the date that Site-Pulse accepts your
registration, confirms it by providing you all the necessary details about your
Site-Pulse account and will continue until termination by either party according
to section 8.
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Termination.
Either party may choose to terminate this Agreement upon 15 days advanced
notice. Site-Pulse reserves the right to terminate the Agreement immediately or
block the Customer from entering and using the service without any advanced
notice if the Customer breaches any provision of this Agreement or fails to pay
any Service fees. Until the full termination of the Agreement the Customer
remains obligated to pay any related Service fees. Upon termination of the
Agreement you agree to remove any Code, logos, trademarks or any other part
related to the Service from all of your registered websites. Failure to remove
Site-Pulse Code from your registered websites entitles us to act in such a
manner as to recover the additional costs generated. This manner includes, but
is not limited to the placement of alerts and/or pop-ups and/or redirects.
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Notices.
All notices required under this Agreement from one party to the other must be in
writing by email and to the email addresses posted on Site-Pulse website contact
page and email addresses entered by the Customer during the registration
procedure.
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Publicity.
Either party may refer generally to the existence of this Agreement and use the
other party.s name in press release, on web sites and other promotional
material, but will not reveal any financial arrangements or other proprietary
information related to this Agreement.
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Disputes.
This Agreement will be governed by and constructed in accordance with the laws
of Israel, without giving any effect to any principles of conflicts law.
Exclusive venue for any dispute arising under or relating to this Agreement will
be the courts of Haifa, Israel.
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Ownership rights.
You accept and understand that the Service and all that which is related to it
including, but not limited to, the Code, graphic design, icons, collected data,
stored information, computer software, Service hardware and any other related
part are the exclusive property of Site-Pulse. The service and the intellectual
property which provides it are protected by international copyright treaties.
Your rights to the Service are limited to the rights which are expressly granted
in this Agreement.
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Modification to Term of Service.
Site-Pulse reserves the right to modify its term of service policy at any time
and to notify you by posting an updated version on the Site. You are responsible
for regularly reviewing the policy. Continued use of the service after any such
changes shall constitute your consent to such changes.
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Disclaimer of Warranty and Limitation of Liability.
The Service and all that which is related to it is provided without any kind of
warranty or guaranty regarding its accuracy, performance, compatibility,
security, availability, reliability, timeliness and usefulness. Customer uses
the Service and Code at its own risk and Site-Pulse reserves the right to make
any changes and/or improvements to the Service and/or its Code at any time
without any obligation to notice any person and/or providing any warrant about
it. Site-Pulse Service is provided on an .AS IS. and .AS AVAILABLE. BASIS.
Site-Pulse HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO
ITS SERVICE AND ALL RELATED MATERIALS INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR
THAT THE SERVICE WILL BE ERROR FREE OR UNINTERUPTED. IN NO EVENT Site-Pulse WILL
BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO
ANY LOSS OF INCOME, LOSS OR DAMAGE OF DATA, LOSS OR DAMAGE OF BUSINESS
REPUTATION, UNDER ANY THEORY OR LAW OR EQUITY AND WHETHER OR NOT Site-Pulse IS
NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
For more information:
If you have any further questions or comments about this agreement or
about Site-Pulse Service you can write us using one of the next methods:
Email: contact@spkit.com
Fax: 972-4-6619007
Send a letter to:
Spkit Technologies Ltd. - Site-Pulse.com
Ma'ale Zvia,
D.N. bikat beit hakerem, 20129, Israel.
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Terms Of Service