WhosOn Hosted Terms & Conditions
The WhosOn 'Hosted' service allows companies to provide 'live help' on their
web site and watch 'live stats' and get reports about their web site visitor
traffic
.
The Hosted service is sold on a subscription basis, with the minimum
period of 1 month paid for in advance.
You are granted a license to use the WhosOn Client and to embed the
WhosOn code into the web pages of the domain name specified when you ordered
the service. You may install any number of WhosOn Clients on separate PC's.
The maximum number of Clients that can connect to the WhosOn server at any
one time is restricted to the number of licenses purchased.
All intellectual property rights in the WhosOn Client and the WhosOn code are the
property of Parker Software Limited and no rights are granted to you under these
terms and conditions other than those in the paragraph above. You agree not to infringe
the intellectual property rights of Parker Software Limited in any way and to notify us
immediately if you become aware of any infringement or potential infringement by any third party.
Service Level
Parker Software guarantees a 99% up time. We will refund 1 months rental
fee if this is not met in any one month. We may need to close or restart
the WhosOn Server from time to time in order to apply application software,
GEO-IP, operating system & security updates. These restarts are not included
in the up time guarantee. Any updates will be done outside normal business
hours when
possible.
Data Retention
We will
endeavour to keep your historical traffic data for the length of your
subscription. However, Parker Software will not be liable in any way if the data is
lost.
Maximum Page Views
As standard, the Hosted Version allows up to 15,000 page views per day, per
site. If your site exceeds this limit, Parker Software reserves the right to
charge an additional subscription payment. Note: This limit does not affect
your actual site, only the counted page views in WhosOn. For very high
volume sites we also offer WhosOn Dedicated Servers which have no such
limits.
Cancellations
You can cancel your subscription at any time but we do not refund
partly used periods.
Termination
Parker Software retains the right to terminate any customers service at
any time. Refunds will be given on any remaining pre-paid period.
SPAM
Parker Software has a zero tolerance policy regarding spam.
Any WhosOn hosted account that we receive a spam report for, or who sends spam
with any links to any of our servers will be terminated immediately & without
notice.
Disclaimer
Parker Software does not make any warranty, express or implied with
respect to the WhosOn Software, including, but not limited to, the implied
warranties of merchantability and fitness for a particular purpose.
In no event shall Parker Software be liable for any indirect, special,
incidental or consequential damages (including loss of profits), whether
based on contract, tort, or other legal theory, even if Parker Software was
advised of the possibility of such damages. In the event that any disclaimer
or warranty or limitation of liability is found to be unlawful or
inapplicable, or to have failed of its essential purpose, Parker Software's
liability shall be limited to the unused pre-paid period's rental amount.
Use of the WhosOn Hosted Service indicates your acceptance of these terms.