By registering an account on the FM Web Analytics website ("Site" or "Service"), a service provided by FM ("FM", "Company", "we", "us", "our"), you agree to be bound by all terms and conditions ("Terms") listed on this page, as well as our Privacy Policy and Data Processing Agreement ("DPA") (collectively, the "Agreement").

Account

You agree to allow FM to collect and store data on your website traffic.

You agree to keep a valid and current name and email address registered in your account. Your email address will only be used for important account notifications, such as a failed payment or expiring subscription, and occasional news and updates about the service.

If you wish to cancel your account, you may go to the follow web page and click the "delete account" link at the top: http://stats.fm.net/user/edit - All information associated with the account will be deleted within a reasonable period of time. We try to protect information from accidental or malicious deletion, so there may be delays between when you delete something and when copies are deleted from our active and backup systems.

FM may cancel or delete any account, for any reason, with or without notice, although this would typically only be done for legal reasons such as a site hosting illegal content. White label accounts will be given thirty (30) days notice.

Disclosure

You agree to add text similar to the examples below to the privacy policy of all websites with which you utilize the Service, to ensure that your visitors are informed of the tracking tools installed on your website, and any personal data that may be logged. In cases where consent may be required to log personal data, you agree that it is your responsbility to obtain the consent.

Example disclosure with default privacy settings:


Example disclosure with visitor privacy disabled, and custom data logging:

Unacceptable usage

You may not use the Service to track any of the following:

• items that are embedded on external/third-party websites (e.g. ads, widgets, etc)
• "typo squatting" domains
• sites considered "spammy", per our judgment
• sites containing viruses, trojans, or other harmful or illegal material

License

FM hereby grants you a revocable, non-exclusive, non-transferable license to include the Company-provided JavaScript ("Script") in the HTML code for web page(s) that are properly registered for the Service and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s). You shall not (i) use, reproduce, modify or create derivative works of the Script, or (ii) allow third party access to all or any portion of the Script or Service.

Representations and Warranties

You represent and warrant to us that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.

The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. FM and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.

FM does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that we shall not be responsible for unauthorized access to or alteration of your data, regardless of the party at fault.

Term and Termination

Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.

Upon any termination of this agreement, (i) FM will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to FM will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.

You understand that keeping the Script on your website consumes our bandwidth (and hence, money) for every page view on your website. Failure to remove the Script from your website upon termination may force FM to take drastic measures to gain your compliance. Such measures are determined on a case by case basis.

Warranty and Disclaimer

THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.

Limitations of Liability

THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.

THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO US FOR USE OF THE SERVICE.

Indemnification

You agree to indemnify, hold harmless and defend FM, at your expense, against any and all third party claims, actions, proceedings, and suits brought against FM or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by FM or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, FM will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. FM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Compliance

You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

Miscellaneous

The Site contains links to external sites. FM is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of FM. FM disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.

FM shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without our prior written consent, and any such attempt is void. The relationship between FM and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

Changes to this Agreement

This Agreement is active as of the date below and is updated from time to time. We will notify you via your registered email address or a notice on this website prior to any significant changes becoming effective. You should periodically review this page for the latest information.

May 25 2018