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"GetResponse", the sole holder of the HyperTracker.com website and the tracking Service through this website, provides the Service to the Customers according to the following Terms of Service.


1. Service

GetResponse provides the Customer with the online Service that enables to track the advertisement campaigns and measure their effectiveness ("the Service").

In particular, the Service consists of (1) a click tracking counter, (2) a management tool to measure advertisement campaigns effectiveness and browse the results.

The Customer may track an unlimited number of campaigns. The Customer receives a generated HTML code to be placed on their website in order to count the results.


2. Customer

The Service is provided to registered users, hereinafter referred to as "the Customer". On registration to the Service, the Customer agrees to:

(1) fill out the registration form in current, complete, and accurate data;

(2) maintain and promptly update this data as a current, complete and accurate one;

(3) comply with the Terms of Service stated herein, as well as the GetResponse Anti-Spam Policy.

The Customer is solely responsible for the content of the pages which are tracked by means of the Service.

On registration to the Service, the Customer agrees to receive commercial information about products and services of GetResponse.

The Customer understands and agrees that GetResponse may publish advertisements on the HyperTracker.com website.


3. Customer Obligations

The Customer is obliged to provide accurate and true contact details, and keep such contact details up to date.

If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or GetResponse has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GetResponse has the right to suspend or terminate the Customer's account and refuse any and all current or future use of the Service.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to surreptitiously intercept any system, data or personal information from the HyperTracker.com web page and/or the Service.

GetResponse reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. GetResponse reserves the right to refuse any and all current or future use of the Service to the Customer who intentionally or maliciously evades the obligations stated in the Terms of Service, the GetResponse Anti-Spam Policy or arising from custom and other best practices of conduct on the Internet.

If GetResponse finds the Customer to be using the Service for any abusive or illegal practices, we will issue a warning. If GetResponse has any reason to believe that the Customer, despite warning being given, threatens to or is continuing such practices, then GetResponse may take action immediately, including disabling the Customer's account, and terminating the Service and/or reporting the Customer and the incident to the proper authorities. GetResponse will not provide the Service to track ads statistics that are not property of the Customer. The Customer acknowledges that they are not allowed track through means of the Service any website that

(i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities;

(ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or GetResponse, or any rights of publicity or privacy of any party;

(iii) attempts to mislead others about the Customer’s identity or the origin of a message or other communication, or impersonates or otherwise misrepresents the Customer’s affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate;

(iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity;

(v) is harmful to minors;

(vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, information, or property of another; or

(vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).


4. Account

On registration to the Account, the Customer:

(a) receives access to the full functionality of the Service;
(b) chooses a subscription plan;
(c) agrees to pay recurring fee for the Service according to the subscription plan.

A subscription plan is a period of time in which GetResponse provides the Customer with the Service. The Customer agrees to pay recurring fee for subscription according to the subscription plan. The recurring fee is based on a price list which is presented on the HyperTracker.com website.

GetResponse reserves at its sole discretion the right to terminate the Service in the event of not receiving a payment or a recurring payment.


5. Payments

The payment includes fee for subscription to the Service, Phone and Email Customer Support, and all applicable taxes.

The Customer agrees to pay recurring fees for the Service, per the subscription plan. The Customer authorizes GetResponse to charge the recurring fee automatically not earlier than on the first day after the expiration date of the subscription (hereinafter referred to as the "recurring date").

The Customer may change the subscription plan for the next subscription period without any charges. If the Customer wants to change the subscription plan, they are requested to notify the GetResponse Billing Department at billing@cs.getresponse.com no later than two working days before the recurring date.

GetResponse sends an email to the Customer, containing receipt to confirm the payment.

GetResponse issues an invoice at the Customer's request.

GetResponse reserves at its sole discretion the right to change the fees for the Service subscription.


6. Technical Requirements

GetResponse ensures that the Service will work properly if the Customer places a generated HTML code in the source code of their website properly.

GetResponse ensures that the Service will work properly with the web browsers that read images and/or JavaScript.


7. Customer Support Service

GetResponse provides Email and Live Chat Support.

The Customer may address all questions, doubts, and report errors via email to the HyperTracker Customer Support Department at ht-support@cs.getresponse.com. The Customer should provide at least the account name and their name.

GetResponse does not investigate or take any actions based on "anonymous" support requests. GetResponse assures that reaction shall occur within two working days after receiving a request from the Customer.

GetResponse distributes Quick Start Guide, User Guide, Frequently Asked Questions, Integration Guide and other support materials and provides User's Forum in order to support the Customers in using the Service.


8. Complaint Procedure

The Customer accepts unconditionally that the Service is distributed on "as is" basis without warranties of any kind, either expressed or implied.

The Customer is requested to submit their complaint to the Customer Support Department at ht-support@cs.getresponse.com.

On complaint the Customer should provide at least the account name and their name. GetResponse does not investigate or take any action based on "anonymous" complaints.

The Customer Support Department will investigate the problem as soon as possible and inform the Customer how the issue will be processed.

The Customer has the right to be informed about the status of processing their issue.

If a problem with the service occurs, GetResponse assures to undertake all measures to solve it as soon as possible.


9. Privacy Policy of GetResponse. Anti-Spam Policy of GetResponse

GetResponse constitutes the Privacy Policy and GetResponse Anti-Spam Policy as inherent parts of the Terms of Service.

GetResponse will never use the information about the Customer or about their customers or website visitors that are collected within the Service, to send any unsolicited messages or information nor will we share it with or sell it to anyone else for such use according to the GetResponse Privacy Policy.


10. Copyright

All content included on the HyperTracker.com webpage, such as text, graphics, logos, button icons, images, audio clips and software, is the property of GetResponse or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without written permission from the authors.


11. Trademarks

GetResponse, HyperTracker.com, HyperTracker are trademarks of GetResponse and Szymon Grabowski in the Republic of Poland, the United States and other countries.

Trademarks of GetResponse and Szymon Grabowski may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and services.


12. Termination Of Service

The Customer may terminate the contract at anytime. If the Customer wants to terminate the Service, they are required to send a cancellation request to the GetResponse Billing Department at
billing@cs.getresponse.com and provide at least the account name and their email address no later than two working days before the recurring date.

GetResponse reserves at its sole discretion the right to terminate the Service immediately in the event of finding the Customer to be using GetResponse services for illegal practices.

GetResponse reserves at its sole discretion the right to terminate the Service in the event of receiving independent verification that the Customer provided grossly inaccurate, unreliable or false Customer contact details, or failed to keep such contact details up to date.


13. Right To Withdrawal

The Customer has a period of 30 days in which to withdraw from ordering the Service without penalty and without obligation to give any reason. In order to exercise this right to withdrawal the Customer has to send an email informing about the cancellation to the GetResponse Billing Department at billing@cs.getresponse.com. GetResponse is obliged to reimburse the total sum paid by the Customer. Such reimbursement will be carried out by GetResponse as soon as possible and with no additional costs.


14. Disclaimer Of Warranties. Limitation Of Liabilities

GetResponse DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING.

GetResponse DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE STATED OR DESIRED BY THE CUSTOMER. GetResponse DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.

IN NO EVENT WILL GetResponse NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF GetResponse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).



THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

GetResponse is not responsible for any delay or failure in performance due to Force Majeure, or other occurrences that are beyond GetResponse’s reasonable control.

GetResponse is not responsible for short, temporary and accidental suspension of the Service as a result of circumstances which GetResponse could not foresee or suspect.

Customer recognizes that GetResponse does not own or control other networks, information and systems outside of its own network, nor is GetResponse responsible for performance or non-performance within such networks. GetResponse exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through the Service provided.

The use of the Service is at the Customer's sole risk. GetResponse is in no way responsible for the conduct of its Customers. GetResponse is not responsible for any indirect, incidental, special, punitive, or consequential damage that results from Customer's use or misuse of the Service, including, without limitation, any such damage or loss resulting from the Service interruptions, delays, and non-counting or miscounting the campaign tracking and actions results.

GetResponse shall have no liability for any damages suffered by the Customer or any third party as a result of their use or the misuse of the Service.

You hereby agree to indemnify, defend and hold harmless GetResponse, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on:

a) any claim or threatened claim that our use of the member Trademarks infringes on the rights of any third party; b) the breach of any representation or warranty made by you herein; or, c) or any claim related to your site.


15. Final Provisions

The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

GetResponse reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the HyperTracker.com website, including these Terms of Service, at any time without notice.

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and Polish Court shall be jurisdiction.


 


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