1.1 Agreement between parties
This Web Hosting Agreement is between `HetrixTools, Inc.` (also referred to as: "HetrixTools", "we", "us", "our", "this website", "the website") and the `the user` (also referred to as: "client", "user", "you") whose signs up for any of HetrixTools services.
These terms and conditions govern your use of the HetrixTools website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
2.1 License to use website
Unless otherwise stated, HetrixTools owns the intellectual property rights published on this website and materials used on HetrixTools.
Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website in neither print nor digital media or documents (including republication on another website). Exception to this rule are the Public Reports, which can be shared or distributed at the user's free will.
- sell, rent or sub-license material from the website.
- show any material (except Public Reports) from the website in public.
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
- edit or otherwise modify any material on the website.
- redistribute material from this website - except for content specifically and expressly made available for redistribution (such as, but not limited to, Public Reports); or republish or reproduce any part of this website through the use of iframes or screenscrapers.
3.1 Acceptable use
3.1.1 Users may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of HetrixTools or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.1.2 Users may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
3.1.3 Users may not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent; this including, but not limited to:
- data mining
- data extraction
- data harvesting
- 'framing' (iframes)
3.1.4 Users may not use this website or any part of it to transmit or send unsolicited commercial communications.
3.1.5 Users may not use this website for any purposes related to marketing without the express written consent of HetrixTools.
3.1.6 Users may not have more than one account per person or per organization, without the express written consent of HetrixTools.
3.1.7 Users may not use this website and its services for anything other than their intended purposes.
3.2 Restricted access
Access to certain areas of this website is restricted. HetrixTools reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. HetrixTools may change or modify this policy without notice.
If HetrixTools provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
HetrixTools may disable your user ID and password at HetrixTools's sole discretion without notice or explanation.
This website is provided “as is” without any representations or warranties, express or implied.
HetrixTools makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, HetrixTools does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
4.2 Limitations of liability
HetrixTools will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HetrixTools has been expressly advised of the potential loss.
By using this website, you agree that the limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
5.1 Breaches of these terms and conditions
Without prejudice to HetrixTools' other rights under these terms and conditions, if you breach these terms and conditions in any way, HetrixTools may take such action as HetrixTools deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
HetrixTools may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
HetrixTools may transfer, sub-contract or otherwise deal with HetrixTools' rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly or yearly as indicated on the Order, beginning on the Service Commencement Date.
HetrixTools requires payment for the first billing cycle before providing the paid service. Payments must be made in United States dollars.
HetrixTools may suspend the service without notice if payment for the service is overdue. HetrixTools agrees to provide the ordered service once the customer payment has been processed.
HetrixTools does not offer any "Money Back Guarantee" policy or any "Refund" policy.
HetrixTools provides free services as demo/trial for any client wanting to test/try our services before purchasing a paid package.
Considering the client has had the chance to test out our services for free before purchasing a paid service, HetrixTools reserves the right, at its sole discretion, to approve or deny any refund requests.
The customer agrees that he/she needs to contact HetrixTools support prior to opening any Disputes, in order to try and solve out their issues.
Opening a Dispute without contacting HetrixTools support beforehand may result in account/services suspension or termination.
Fraudulent payments/chargebacks will result in immediate account/service suspension or termination, and HetrixTools will provide all client/order information to the proper authorities.
10.1 Inactivity (For free accounts only)
HetrixTools reserves the right, at its sole discretion, to disable, suspend or terminate user accounts and recurring tasks associated to these accounts (tasks such as, but not limited to: user monitors)
in cases of user inactivity.
In such cases the user will be notified and will be given instructions on how to reactivate their account and recurring tasks.