Last Updated: 01/17/2016
This is an agreement between you and Traffic Armor. By registering an account or using Traffic Armor, you agree to be bound by these terms of service (hereinafter referred to as “Terms & Conditions”).This agreement applies to any of the services or applications provided by the Traffic Armor website and its related cloud services ("Services").
If you do not agree to the Terms & Conditions of this agreement, do not create an account or continue to use any of the Services.
Traffic Armor is a cloud-based application for analyzing, tracking and filtering website visitors. It is hosted on Traffic Armor’s servers and made available to clients through the website www.trafficarmor.com and associated domain names.
- Grant of License
Traffic Armor grants to you the non-exclusive right and license, subject to the terms hereof, to access and use, for your own internal business purposes, any licensed services provided via Traffic Armor’s cloud services. The license granted under section 2(a) shall terminate as set forth in sections 5 and 6 and the access to the services is only provided for the term of the beta/trial program or until Traffic Armor terminates the program at their discretion.
(b) Full License
Upon your payment of the applicable license fee for Services, Traffic Armor will grant to you the non-exclusive right and license, subject to the terms hereof, to access and use solely for your own internal business purposes for any services that a license fee is paid for. The license granted under section 2(b) will terminate as set forth in sections 5 and 6. Upon such termination, access to the Services will be terminated.
Purchased licenses for services are tied to a single account. Every business/operation must have their own account for private or business usage. Customers of a business shall not be added to that business' account as Traffic Armor users. Traffic Armor users created within an agency account should only consist of people who are employees of the business/operation. Failure to follow these guidelines can result in the termination of the account, licenses and/or users.
All rights not expressly granted to you by this Agreement are reserved by Traffic Armor. Licenses are effective until they expire or are terminated. You may terminate your license(s) at any time by requesting they be terminated and that your Traffic Armor account be removed.
Provided Services are governed by limits tied to the specific service, such as licenses that have a timespan limit (ie. 1 month) and/or only allow a certain number of usages (ie. 10,000 clicks). Each purchased license will dictate its terms of usage and limitations.
The Services provided will update periodically at Traffic Armor's discretion, with or without prior notice to users.
To afford volume documents, certain Services have minimum billing commitments. In the event that a recurring payment profile is cancelled prior to the minimum commitment being satisfied, clicks will be retroactively deducted from the account balance. The deduction will be calculated based on the lower Service tiers that were satisfied. Subject to clause 16, Traffic Armor shall not be held responsible for accounts that stop functioning due to depleted balances after adjustments.
For example, if “Daily” Service (7-day commitment) is purchased, but cancelled on the 5th day, 331,000 clicks will be deducted. This is calculated as 3,750,000 clicks (750,000 clicks “Daily” x 5 days), less 2,820,000 clicks (705,000 clicks “Weekly” x 4 billings satisfied), less 599,000 clicks (599,000 clicks “Large” x 1 billing satisfied).
Traffic Armor retains all title, interest and proprietary rights in and to the Services. You may not copy all or any part of the Services. You shall not remove any copyright or other proprietary notice from the Services and you must reproduce all copyright and other proprietary rights notices on any copy you make.
5.1 You shall not: (A) modify, translate, reverse engineer, decompile, or disassemble the Services; (B) directly or indirectly export or re-export the Services; (C) disclose the Services to any third party; or (D) except as otherwise provided herein, assign, sell, lease, rent, sublicense, distribute or otherwise transfer or attempt to transfer the Services. If you have a license to the Services under section 2 above, they are non-transferable.
5.2 You shall not misuse Traffic Armor's website and its Services. You must not use Services to:
• Probe, scan, or test the vulnerability of any system or network;
• Breach or otherwise circumvent any security or authentication measures;
• Access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, or Traffic Armor systems;
• Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, or spamming any part of the Services;
• Plant malware or otherwise use the Services to distribute malware;
• Access or search the Services by any means other than Traffic Armor’s publicly supported interfaces (for example, “scraping”);
• Send unsolicited communications, promotions or advertisements, or spam;
• Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• Publish anything that is fraudulent, misleading, or infringes another's rights;
• Promote or advertise products or services other than your own without appropriate authorization;
• Impersonate or misrepresent your affiliation with any person or entity;
• Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
• Violate the law in any way, or to violate the privacy of others, or to defame others.
IF YOU FAIL TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, SUCH TERMINATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY CRIMINAL, CIVIL OR OTHER REMEDIES AVAILABLE TO TRAFFIC ARMOR.
6.1 In the event of any termination, you will not be entitled to any refunds of any fees. Any outstanding balance for Traffic Armor use rendered through the date of termination, and other unpaid payment obligations during the remainder of the billing period will be immediately due and payable in full.
6.2 Traffic Armor reserves the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, Traffic Armor may suspend or terminate your use if (A) you are not complying with these Terms & Conditions; (B) use the Services in any way that would cause us legal liability or disrupt others’ use of the Services; (C) have not maintained a balance of clicks for 7 days.
6.3 Traffic Armor reserves the right to delete all data, files, or other information that is stored in your account subsequent to termination. You agree that Traffic Armor may retain chosen data related to your use of Traffic Armor, except for any personal data. Such data shall be used only to improve Traffic Armor performance and quality of service.
- Data Ownership
Any data created or uploaded shall remain the property of the account owner/licensee of the Services. Traffic Armor makes no claim to any data or content stored relative to your account(s). Traffic Armor will use access to your data and usage of Services only for support or system improvement purposes, such as improving performance of provided services, but not for data mining purposes or improvements to other Traffic Armor products. At no point shall Traffic Armor share or sell your data or personal information to any other party, unless the Account owner has provided prior consent.
- Data Retention
Any data gathered or produced by Services on behalf of account holder, including but not limited to logs and statistics, may be deleted at any time at Traffic Armor’s sole discretion.
If any of the Services is found to, or if Traffic Armor believes it may be found to infringe a patent, trademark or copyright or misappropriate a trade secret, Traffic Armor, at its sole option, may: (a) obtain a license to continue operation of Services; (b) provide a substitute having comparable or better functionality or performance characteristics; or (c) terminate this Agreement and your license to such Services.
This Agreement and the rights and obligations of Traffic Armor hereunder may be assigned by Traffic Armor at any time without notice to you.
- Limited Warranty
Traffic Armor provides no specific warranty for provided services and they are offered "As IS". Traffic Armor does not warrant that the functions contained in the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free.
- No Other Warranties
EXCEPT AS PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND TRAFFIC ARMOR EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY CONCERNING THE SERVICES OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, INCLUDING, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABLE QUALITY. NON-INFRINGEMENT OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, CONCERNING THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS AND THE APPLICATION, OPERATION OR USE THEREOF.
Traffic Armor may revise these Terms from time to time and the most current version will always be posted on the Traffic Armor portal site. You will be notified if a revision, in Traffic Armor’s sole discretion, is material (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
- Customer Remedies
Traffic Armor's entire liability and your exclusive remedy for any breach of this Agreement by Traffic Armor shall be that Traffic Armor will make reasonable efforts to recover any lost or corrupted content that Traffic Armor was maintaining. If the content cannot be returned in a suitable form then return of the most recent license fee paid in respect of the Services shall be refunded.
- NO LIABILITY FOR DAMAGES
You assume the entire risk as to the quality and performance of the Services. IN NO EVENT SHALL TRAFFIC ARMOR HAVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES IN THE FORM OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS, LOST DATA, LOSS OF GOODWILL OR OTHERWISE, OR FOR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF TRAFFIC ARMOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAFFIC ARMOR’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE MOST RECENT AMOUNT RECEIVED BY TRAFFIC ARMOR FROM YOU FOR SERVICES LICENSED HEREUNDER. YOU ACKNOWLEDGE THAT THE LICENSE FEE HAS BEEN CALCULATED BY TRAFFIC ARMOR BASED, IN PART, UPON YOUR AGREEMENT TO THE WARRANTY AND LIABILITY LIMITATIONS SET FORTH HEREIN.
- Entire Agreement
This Agreement is the entire agreement between you and Traffic Armor regarding the Services, and it supersedes any information you received relating to the Services or the subject matter of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE LICENSE AGREEMENT AND, BY CREATING AN ACCOUNT AND LOGGING IN TO THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.