User Agreement
User Agreement, updated 1 June 2005 ANY PERSON OR ENTITY ACCESSING THE WebCounter.co.za WEB SITE OR ANY OF THE INFORMATION CONTAINED HEREIN ("User") AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WebCounter.co.za WEB SITE USER AGREEMENT ("Agreement"): 1. The owner of the WebCounter.co.za web site provides the content, information, software, and services "AS-IS", with no warranty express or implied, including warranties of fitness for a particular purpose or warranties of merchantability. 2. User agrees that its use of the WebCounter.co.za web site and any information obtained therefrom is at the sole risk of User. User hereby waives all claims against the owners of WebCounter.co.za, NETdentity, their affiliates, officers, directors, employees, agents, and representatives ("WebCounter.co.za"), and any of WebCounter.co.za's suppliers or programmers. User agrees to hold harmless, defend, and indemnify WebCounter.co.za for all damages that may be incurred by WebCounter.co.za, including attorney's fees, related to User's use of WebCounter.co.za's web site or User's use of any information obtained through User's use of WebCounter.co.za's web site. 3. WebCounter.co.za makes no representations about any Web Site not under WebCounter.co.za's control that a User may access from WebCounter.co.za's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by WebCounter.co.za or otherwise on WebCounter.co.za's web site does not constitute WebCounter.co.za's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site. 4. WebCounter.co.za agrees to treat User's information in accordance with WebCounter.co.za's Privacy Policy (http://www.WebCounter.co.za) unless provided otherwise in this Agreement. 5. User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with WebCounter.co.za's web site in any manner. If User in any way Interferes with WebCounter.co.za's web site, User agrees to pay all damages incurred by WebCounter.co.za, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by WebCounter.co.za. User's Interference with WebCounter.co.za's web site relieves WebCounter.co.za of any of its contractual or other legal obligations to User, including WebCounter.co.za's obligations under its Privacy Policy. WebCounter.co.za will cooperate with the authorities in prosecuting any User who Interferes with WebCounter.co.za's web site, attempts to defraud WebCounter.co.za, or attempts to defraud credit card companies or any other parties through User's use of WebCounter.co.za's web site or services. 6. WebCounter.co.za reserves the right to refuse any or all service to any User for any reason, at any time, at WebCounter.co.za's sole discretion. User agrees that WebCounter.co.za may block its IP address or addresses at any time, and at WebCounter.co.za's sole discretion, thereby disallowing User's continued use of WebCounter.co.za's web site. 8. User agrees not to use excessive resources, as determined by WebCounter.co.za, and WebCounter.co.za, in its sole discretion, may take any measures WebCounter.co.za deems appropriate, at any time, with or without notice, in response to "excessive" resource use by User. User agrees that WebCounter.co.za shall not be liable to User for any actions WebCounter.co.za takes to ameliorate excessive use by any User. USER AGREES NOT TO USE WebCounter.co.za'S EMAIL OR INVITATION FACILITIES FOR SENDING UNSOLICITED COMMERCIAL EMAIL (UCE) OR 'SPAM.' 9. The User Agreement, Privacy Policy, and other terms of service may be changed without notice by WebCounter.co.za, and use of WebCounter.co.za's website or services constitutes agreement with and acceptance of any such changes. 10. User agrees that WebCounter.co.za's liability to User under this Agreement shall be limited to the amount User has paid WebCounter.co.za for its services. 11. Refunds: WebCounter.co.za does not warrant the success of any counter effort. WebCounter.co.za will NOT offer refunds, unless WebCounter.co.za decides to in its sole discretion, and where the following conditions have been met: where a counter was activated in error and no responses have been received for such counter, WebCounter.co.za may in its sole discretion decide to provide a refund of the price paid for the service (this refund is a matter of courtesy and customer satisfaction, but WebCounter.co.za is not contractually obligated to provide any refund under this Agreement). A refund, if any, will be issued within 90 days of WebCounter.co.za's decision to issue a refund; refunds will be in the form of a check or a credit-card refund, whichever WebCounter.co.za chooses at WebCounter.co.za's sole option. 12. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect. 13. This Agreement shall be governed and construed in accordance with the laws of South Africa 14. WebCounter.co.za reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available to WebCounter.co.za at law or in equity. 15. All images, text, programs, and other materials found on WebCounter.co.za's website are protected by S.A. and international copyright laws and other laws. Any commercial use of the images, text, programs, or other materials found on WebCounter.co.za's web site is strictly prohibited without the express written consent of WebCounter.co.za. 16. The service marks "WebCounter.co.za", and any other names, logos, marks, and taglines identifying WebCounter.co.za's products and services are proprietary marks of WebCounter.co.za and its affiliates. All other trademarks and service marks are the property of their respective owners. 17. User agrees not to falsify or misrepresent any information provided to WebCounter.co.za. User further agrees that any information submitted to WebCounter.co.za by User becomes the property of WebCounter.co.za, and User hereby expressly grants WebCounter.co.za the authority and right to use any information submitted in accordance with WebCounter.co.za's corporate policies. For purposes of this Agreement, "information submitted to WebCounter.co.za" shall not include information in counters hosted by WebCounter.co.za on behalf of its customers or responses to such counters. 18. User represents and warrants that User has ownership or other authority to post any sound, image, text, or other material it posts on WebCounter.co.za's website. Any sound, images, text, or other materials provided by a User and hosted on WebCounter.co.za's web site remain the property of the owner of such materials. Such materials are "posted" if they are incorporated as part of a counter hosted by WebCounter.co.za on behalf of its customers or responses to such counters. User agrees that WebCounter.co.za is not responsible for any material posted on its website by User and that WebCounter.co.za assumes no liability for User's posted materials. User agrees to defend, indemnify, and hold harmless WebCounter.co.za from any liability related to material User posts on WebCounter.co.za's website. 19. The term "counter owner," when used in the instructional documentation to WebCounter.co.za's website and services, is a term of art intended to specify a customer of WebCounter.co.za who has immediate control over a particular counter. The use of the term "counter owner" in such contexts does not imply or create any condition of ownership of computer resources or intellectual property. User's interest in any counter arises solely from User's ongoing relationship as customer with WebCounter.co.za, and ends when such relationship ends. Any interest User has in a counter does not extend to any resources, program code, technical knowledge, or any intellectual or other property provided by WebCounter.co.za in the creation, hosting, or tabulation of that counter. 20. WebCounter.co.za is intended for counter creators and respondents of the age of majority. WebCounter.co.za may not be used by, or to collect information from, minor children, according to laws in the minor's locality, without parental permission. User shall in no case use WebCounter.co.za to collect information from children under age 13 without parental permission. User agrees to defend, indemnify, and hold harmless WebCounter.co.za from any liability related to use of WebCounter.co.za's website and services in a manner inconsistent with this Agreement. 21. All of WebCounter.co.za's rights and remedies under this Agreement are cumulative and in addition to any other rights or remedies under this Agreement or under the law. 22. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both WebCounter.co.za and User.
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