1 . We reserve the right to change these terms and conditions without notice by posting the changes to this website on the terms and conditions page located at http://www. free-web-counters.net/terms.html.
2 . The counter service can be terminated by one of both parties at any time without a specified reason.
3 . The following types of sites are NOT allowed to participate in the counter service: sites encouraging illegal activity or racism, sites providing instructions or discussions about performing illegal activities, sites that promote or utilize software or services designed to deliver unsolicited email, sites that promote child pornography, or any other sites that we deem to be inappropriate. Additionally, counters may only be placed on pages that are available to the public (IE: Not password protected) and MAY NOT BE USED IN E-MAIL COMMUNICATIONS.
5 . Users acknowledge and agree that their website information (name, URL, traffic counts, etc.) may be utilized by free-web-counters.net for any reason. We will not attempt to contact visitors to your site.
6 . All advertising that is provided with your counter upon signup must be displayed exactly as provided. In order to provide you with this free service, we include a small textual link(s) within the counter code itself. This ad(s) must remain with the code for as long as you continue to use your counter; if it is removed or changed, your account is subject to immediate termination without any form of notification and we may place a graphic of our choice and any size in the place of your counter graphic!!
7. You agree to use our services at your own risk. Our services are provided on an "as is" and "as available" basis.
You agree that you have made your own determination regarding the usefulness of the service. We disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.
8. We are not liable for damages, direct or consequential, resulting from your use of the service, any failure to provide service, suspension of service, or termination of service. We do not guarantee the availability of the service.
You agree not to hold us responsible for data loss or interruption of service of any kind.
9. We retain ownership and all rights to free-web-counters.net logos, trademarks, software, trade secrets, databases, reports, and website.
10. If this agreement is terminated by us or by you for any reason, you agree to remove our code, logos and trademarks from all of your websites and other items.
11. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.