FreeOnlineHitCounters.com Terms Of Use And Privacy Policy: 1. Your use of the web site found at http://www.FreeOnlineHitCounters.com (the "Site") constitutes your agreement to abide by these Terms & Conditions of Use. We reserve the right, at our sole discretion, to modify, alter or otherwise update these Terms & Conditions of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree to review these Terms of Use on a periodic basis. 2. This Site is not intended for use by children under the age of 13. 3. As you navigate within the Site, we may be collecting and tracking personal information, either by asking you to tell us something about yourself (such as your name, address or email address) or by using data-tracking software that tells us what parts of the Site you have browsed. We may collect other information about you, such as your IP address, geographic information, the type of the web browser and operating system you use, and any other information that your web browsing software or Internet Service Provider automatically provides to our Site. We may be collecting and tracking information about the activities in our Site you engage in to help us know what users are interested in. We may also use "cookies" to keep track of visitors. A cookie is a small file stored on the hard drive of your personal computer. If your web browser allows, you may disable the placement of cookies on your hard drive. Disabling the placement of cookies may prevent you from accessing or using portions of the Site. The site does not currently collect, use, share or sell any other information. No personally identifiable information is collected beyond that which is identified in this section of the Terms & Conditions Of Use. By using the Site, you expressly assent to the collection and use of the limited, automatically-generated information identified. 3. We will not release your personal information to any third party unless required by law. We will not sell, give, trade, or in any other way release information collected about you personally to another organization, including our advertisers. 4. The counter service can be terminated by one of both parties at any time without a specified reason. 5. The following types of sites are NOT allowed to participate in the FreeOnlineHitCounters.com 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 at our sole descretion 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. 6. All advertsing 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 advertisement within the counter code itself. This ad 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. 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 Freeonlinehitcounters 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. We both own the data regarding visitors to your website that we collect. You can use the data we provide for any legal purposes. We will use the data in compliance with these terms and conditions of use. 12. Although we welcome your comments concerning our products and / or the Site, we do not accept unsolicited submissions for products and / or the Site. We are under no obligation to review any submission and routinely discard all such submissions. Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary Notwithstanding the foregoing, if you do send us a submission, whether requested or not (a "Submission"), each such Submission shall immediately become the property of the site. The Site, or any related site, may use any such Submissions as it deems fit, but shall have no obligation to use such Submission. You agree not to assert any proprietary right of any kind in the Submission (including, but not limited to copyright or trademark) and you waive the right to receive any consideration in connection with such Submission. You agree that any Submission may be used, edited, removed, modified, published, transmitted, and displayed by the Site or any related Site without any notice to you. 13. The Site is not necessarily affiliated with sites which may be linked to from this Site and is not responsible for the content of such "Linked Sites". The Linked Sites are for your convenience only and you access them at your own risk. THIS SITE ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS, OR APPROVALS OF ANY KIND WITH REGARD TO SUCH LINKED SITES OR THEIR CONTENT AND PRODUCTS. 14. 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. 15. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE AND / OR INCLUDE OMISSIONS, INACCURACIES AND / OR OTHER ERRORS. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SITE HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE SITE OR ITS OWNERS, OPERATORS, OR ANY OTHER ENTITY CONNECTED WITH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE. WE RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE. 16. This Site is controlled and operated from offices in the State of New York, United States of America. The Site makes no representations that Materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. Use of or access to the Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of New York. No Material from this Site may be displayed, downloaded, exported or re exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. 17. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State and without giving effect to any principles of conflicts of laws. Any action you bring to enforce this agreement or any matters related to this Site shall be brought in either the State or Federal Courts located in Monroe County, New York. You expressly consent to the jurisdiction of said courts. 18. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing.