Terms of Service
The terms of service for Site Stalker Monitoring are listed below. By clicking "I Accept" you agree to be bound by these terms. You can then proceed to validate your registration.
1. Acknowledgement and Acceptance of Terms of Service
The Site Stalker Monitoring Service ("Service"), owned and operated by Prestige Development Group LLC, is provided to you ("Customer") under the terms and conditions of these Site Stalker Terms of Service (SSTOS) and any operating rules and policies that may be published by Company. The SSTOS comprises the entire agreement between Customer and Company and supersedes all prior agreements between the parties regarding the subject mater contained herein. BY CHECKING "I ACCEPT", YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SSTOS.
2. Description of Service
Company is to monitor one or more Internet Servers (IS) on behalf of Customer and notify Customer if certain events occur during the monitoring process. Events for which notifications are sent are defined by Customer as part of his account maintenance. Notifications are sent by email. Customer must: (1) supply information required to set up his account, IS(s), notifications, and notification events; (2) provide for own access to the Internet and pay any (telephone service) fees associated with such access. If any information provided by Customer is inaccurate, Company retains the right to terminate Customer's customership and right to use the Service.
3. Customer Representations
The Customer affirms, for any IS tested by the Service through his account, that he is the legal owner of the IS, an employee of the legal owner of the domain, or has obtained express written permission from the legal owner of the domain for use of the Service in testing the domain. Customer expressly agrees to indemnify Company from any claims by a third party arising from use of the Service in testing an IS.
4. Right of Access
Customer grants Company permission to download files from any IS monitored by the Service as part of his account services. Customer understands that operation of the Service will involve repeated access by the Service to any IS monitored as part of his account services.
5. Compensation for Service
This Service is currently free. Prestige Development Group, LLC retains the right to revoke the free service or request a fee to continue the service.
6. Disclaimer of Warranties
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS AVAILABLE" BASIS. PRESTIGE DEVELOPMENT GROUP, LLC EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PRESTIGE DEVELOPMENT GROUP, LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PRESTIGE DEVELOPMENT GROUP, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
7. Customer Account, Password, and Security
As part of account setup, you will select an account name and password. You are entirely responsible if you do not maintain the confidentiality of your password or account. If you learn that your password has been compromised, you must notify SiteStalkerSystem@prestigedevgroup.com in a timely manner of any known breach of security.
8. Modifications to Terms of Service
Prestige Development Group, LLC may change the terms and conditions of the SSTOS from time to time. Upon any change in the terms and conditions of the SSTOS, Prestige Development Group, LLC will notify you by posting the changes as a start-up screen following your account log-on. If you agree to be bound by the changes, you must again click the "I Accept" button on this start-up screen. If you do not click the "I Accept" button, you may terminate your account at any time.
9. Modifications to Service
Prestige Development Group, LLC reserves the right to modify or discontinue the Service with or without prior notice to Customer. Prestige Development Group, LLC shall not be liable to Customer or any third party should Prestige Development Group, LLC exercise its right to modify or discontinue the Service.
10. Termination
Either Customer or Prestige Development Group, LLC may terminate the Service with or without cause at any time and effective immediately and without prior notice. Termination shall be accompanied by a written or email notice to the other party. Notices of termination initiated by Customer and sent via email shall be addressed to SiteStalkerSystem@prestigedevgroup.com. Prestige Development Group, LLC shall not be liable to Customer or any third party for termination of Service. Should Customer object to any terms and conditions of the SSTOS or any subsequent modifications hereto or become dissatisfied with the Service in any way, Customer's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service customership; and (3) notify SiteStalkerSystem@PrestigeDevgroup.com of termination. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no right and Prestige Development Group, LLC shall have no obligation thereafter to forward any monitoring data associated with Customer's account.
11. Suspension of Service
Prestige Development Group, LLC reserves the right to suspend the Service with or without cause at any time and effective immediately. Suspension will be accompanied by written or email notice sent to the Point of Contact listed in Customer's account information.
12. No Resale of Service
Customer's right to use the Service is personal to Customer. Customer may be an individual, a corporation, or other legal entity. Customer agrees not to resell or make any commercial use of the Service without the express consent of Prestige Development Group, LLC.
13. Limitation of Liability
PRESTIGE DEVELOPMENT GROUP, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE RESULTING FROM THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED USE OF THE CUSTOMER'S ACCOUNT OR ACCOUNT INFORMATION OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE.
14. Indemnification
Customer agrees to indemnify and hold Prestige Development Group, LLC, its 3 owners, harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of Customer's use of the Service, the violation of this SSTOS by Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any property or other right of any person or entity.
15. Proprietary of Rights to Content
Customer acknowledges that content, including but not limited to text, software, graphics, domain names, or other material presented to Customer as part of the Service ("Content") by Prestige Development Group, LLC, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Customer is only permitted to use this Content as expressly authorized by Prestige Development Group, LLC. Customer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by Prestige Development Group, LLC.
16. Use of Customer Company Name
Prestige Development Group, LLC has the right to use the (company) names of their customers for marketing or promotional purposes. Prestige Development Group, LLC will provide customers with an opportunity to decline this right, when this is requested from customer by e-mail SiteStalkerSystem@prestigedevgroup.com.
17. Use of Data
Prestige Development Group, LLC owns all data collected from the services provided. All data captured by services provided from Prestige Development Group, LLC can be used at Prestige Development Group, LLC discretion.
18. Laws
The SSTOS shall be governed by and construed in accordance with the laws of the United States of America. Customer and Prestige Development Group, LLC agree to submit to the exclusive jurisdiction of the United States of America. If any provision of the SSTOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Prestige Development Group, LLC failure to exercise or enforce any right or provision of the SSTOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Prestige Development Group, LLC in writing. Customer and Prestige Development Group, LLC agree that any cause of action arising out of or related to this Service must filed in the court located in Milwaukee, Wisconsin within two (2) months after the cause of action; otherwise it is agreed that such cause of action is permanently waived and the parties charged shall be forever released of all liability. The section titles of the SSTOS are solely used for convenience of the parties and have no legal or contractual significance.
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