| ♦ NAVIGATION
| ♦ WHAT'S MONITORED
|We get a full view of your site...|
|- source:||HTML index.html, .php...|
|- css:|| rendering|
|- images:|| download|
|- flash:|| displayed|
|- ads:|| shown|
|- 3rd party?||...many more »|
|And we can tell you WhySlow?|
This Agreement is not transferable or assignable by Customer, in whole or in part, whether voluntarily or by merger, consolidation, or sale, or otherwise by operation of law without the prior written consent of WhySlow.
This Agreement and other WhySlow policies may be modified from time to time, such modifications are effective upon posting on WhySlow Web site.
By using the WhySlow website and services you are agreeing to and are bound by these terms.
These Terms were last modified on May 10, 2009.
Membership in the Service is void where prohibited. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will remain in full force and effect while you use WhySlow Web site. Either you or WhySlow may terminate your use of the Web site and/or services at any time, for any reason, without explanation, effective upon sending written notice to the other party.
WhySlow reserves the right to immediately suspend or terminate your access to the Services, without notice, upon any breach of this Agreement by you which is brought to our attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the WhySlow by you shall be nonrefundable. Even after this Agreement is terminated, certain provisions will remain in effect.
3. Legal and Acceptable conduct
Your use of the WhySlow Website and Services is subject to all applicable local, state, national and international laws and regulations.
The following is a partial list of conduct that is illegal and prohibited at WhySlow:
- Use of the Web site or Services for any illegal purposes.
- Transmission of "chain letters", "junk emails", mass mailing or "spamming".
- Transmission of material containing viruses, Trojan horses, worms, spyware or any other harmful programs
- Any activities aiming to interfere with or disrupt WhySlow networks or to gain unlawful entry to those networks
- Distribution or reproduction in any way of any copyrighted material, trademarks, or other proprietary information, such as pirated software programs, pirated music files and other copyrighted material, without obtaining the prior written consent of the owner of such proprietary rights.
- Conduct that may be construed offensive or harassing to another person
- Conduct or transmission of materials that are threatening, abusive, racist in nature or any activities promoting or advocating hatred, violence, bigotry or physical harm against anyone
- Distribution of instructional information about illegal activities or any material encouraging conduct that could constitute a criminal offense or otherwise violate any applicable local, state, national and international law or regulation.
- Distribution of any material exploiting people under the age of 18 in a sexual or violent manner, or soliciting personal information from anyone under 18.
- Solicitation of information about other users, including e-mail addresses, passwords or personal identifying information and using that information for commercial or unlawful purposes.
WhySlow reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision. Offending communication is subject to immediate removal from the Service.
5. Use of Customer's name
Customer grants the perpetual right to include Customer's name in WhySlow.s marketing materials. These materials may be published through any medium including press releases. The contents of any press release or other material will be reviewed and approved by both parties public relations departments prior to issuance.
Service at WhySlow is subscription based. Each subscription is to be prepaid online on the first day of the cycle.
Cancellation. You may cancel your subscription at any time. If you are not satisfied with the service for any reason we offer 30-day money back guarantee.
Overages. Each level of subscription is given a preset wait allowance. Additional time incurred by our systems while servicing your URL(s), which is over and above agreed allowance, is treated as overage. As extra overhead to WhysSlow, overages are subject to special fees in addition to subscription cost. These fees are billed to customer on as occurred basis and are due upon receipt of invoice.
Custom Services. Fees for custom services are billed to the client and are due upon receipt of the invoice. Delinquent payments are subject to finance charge (1.5% per month, 18% per year) and collection.
Collection fees. All costs/fees incurred to collect past due balances are responsibility of the Client. WhySlow reserves the right to block and/or cancel service to the Clients with overdue accounts.
You are responsible for maintaining the confidentiality of your password and account as well as any and all activities that occur under your account. You must promptly inform WhySlow of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of your account or password. Until we are notified by email of a breach in security, you will remain liable for any unauthorized use of the WhySlow Service through your account.
8. Proprietary Rights
WhySlow owns and retains proprietary rights in the Website and Service. The Service contains copyrighted material, trademarks, and other proprietary information of WhySlow, its licensors and licensees. The contents of the Site are protected by U.S. and international copyright and trademark laws. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Except as expressly set forth herein, you agree not copy, sublicense, rent, lease, barter, resell, or otherwise distribute the WhySlow Services to any third party entity or individual. You have the right to make such copies of the Data as reasonably necessary for your internal use of such data.
You agree that by posting information or content to the WhySlow, you automatically grant, and you represent and warrant that you have the right to grant, to WhySlow and its successors an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
You agree to indemnify and hold WhySlow, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any losses, liability, claims, or demands, including reasonable attorney's fees, due to or arising out of your use of the Service.
10. Limitation of Liability
WHYSLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COSTS OF PROCURING SUBSTITUTE SERVICES OR FOR ANY LOSS OF PROFITS OR DATA, OR FOR ANY PUNITIVE DAMAGES, OR OTHERWISE, NOTWITHSTANDING ANY FAILURE OF THE WHYSLOW SERVICES TO BE RENDERED HEREUNDER, EVEN IF WHYSLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Disclaimers of no warranties
You expressly agree that your use of WhySlow is at your sole risk. WhySlow Service is provided on "AS IS" and "AS AVAILABLE" basis. All WARRANTIES OF ANY KIND whether express or implied are EXPRESSLY DISCLAIMED.
WhySlow does not warrant that your use of the Service will be secure, uninterrupted, always available, and error-free or will meet your requirements, or that any defects in the Service will be corrected. WhySlow DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
WhySlow does not guarantee the accuracy, completeness or usefulness of any information on the Service. WhySlow will not be responsible for any loss or damage, including but not limited to the cost of procuring substitute services or for any loss of profits or data, resulting from anyone.s reliance on the information obtained through the Website.
WhySlow makes NO GUARANTEES nor promises of any specific results from your use of the Website and/or Service.
| ♦ GUARANTEES
Unconditional 30-day money back guarantee. If you are dissatisfied with the service, you will receive a full refund read more »