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Jumat, 20 Februari 2009

TERMS OF SERVICE Google Analytics

Here are the terms and conditions for using the Google Analytics service described in this document (the "Service") between Google Inc.. and you (either an individual or legal entity that you represent as an authorized employee or agent) ( "you"). Read carefully. By clicking the button "I AGREE", complete the signup process AND / OR USING THE SERVICE You represent that you MEETS TERMS FOR GETTING YOUR ACCOUNT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE SERVICE (THE "AGREEMENT"). Services offered to you based on your approval, without modifications to the terms, conditions, and notices contained in the document.

1. DEFINITION

"Account" is the account billing for services. All Pageviews's connected with the Site will be collected before determining billing services for the site.

"Customer Data" means data about the characteristics and activities of visitors to your web site that is collected through the use of the UTM, and then forwarded to the Servers and analyzed by the Processing Software.

"Documentation" is exclusive to complement the documentation provided by Google to You for use with the Processing Software, including documentation available online or other.

"Page View" is a unit of measurement for the use of the Service. Page Views UTM used when running on a Web page is accessed and processed by the visitor's part. Page Views will be obtained for each UTM on the web page, and each Profile receiving information from the UTM to that web page.

"Processing Software" is a proprietary software and Google Analytics all the upgrades that are associated with it, which analyzes the customer data and create reports.

"Profile" means the collection of settings that together determine the information that is included or excluded on certain reports. For example, the Profile can be made to see a small part of your website as a unique Report. Some reports can be made at one site.

"UTM" is the Exclusive Code Tracking with Google Analytics, which is installed on a Web page for the purpose of collecting Customer Data, together with improvements, updates, and upgrades available to you (collectively referred to as "UTM").

"Server" means the server is controlled by Google (or subsidiaries that are fully owned) save where the Processing Software.

"Site" is a collection of Web pages connected to the Account and use the same UTM. Each Site consists of a default Profile that all the pages in the Site. Additional profiles can be created in the Site to evaluate the Site subsection in more detail.

"Software" is the UTM and the Processing Software.

2. FEES AND SERVICES. Based on Article 15 in this agreement, the Service is provided without charge for up to 5 million page views per month for each account, and if you have an AdWords campaign is active in a good performance, the Service is provided without cost to you and limits the display page.

Google may at any time change the fees and payment policies for the Service, including but not limited to additional costs for geographic data, the import cost data from search engines, or other fees charged to Google or subsidiaries that are owned in full by a third party vendor to provide Services data in the report. Changes in fees or payment policies will apply after you approve the changes and will be posted on the www.google.com/analytics/id-ID/ (or such other URL Google may provide from time to time). Unless stated otherwise, all costs are in U.S. Dollars Balance that has not been completed will be immediately due and a debt after the Agreement ends on the reasons and the amount of any costs (including attorneys' fees) that Google will be included in the amount of debt, and may be charged on your credit card or other billing mechanism associated with the Adwords account you.

3. MEMBER ACCOUNT, PASSWORD AND SECURITY. To sign up to the Service, you must complete the registration process by providing the information current, complete and accurate to Google as listed in the registration form, including your email address (username) and password. You must protect your password and are fully responsible for the use of your account by you and third parties. You are fully responsible for any and all activities that occur under your account. You agree to immediately notify Google in the case of the use of your Account that are not valid or other breach of security. From time to time, Google's support staff (or all the subsidiaries fully owned) can log in to the Service using a password of your customers to manage or improve the service, including providing technical support or billing to you. With this, you understand and allow access.

4. NON-EKSKLUSIF LICENSORS. With this Google gives you a limited license, may be canceled, non-exclusive, and can not be dilisensikan to install, copy, and use only the UTM for the use of the Service for one or more Web pages that you own and control (collectively, the "Web "). Based on the terms and conditions of this Agreement, you can remotely access, view, and download your reports are saved in www.google.com/analytics/id-ID/ (or such other URL as Google may provide from time to time ). License, use, and access to Software and Services (which may include, without limitation, the Software and Documentation Reports) required in the compliance on your terms and conditions of the Agreement, including those below:

You will not and does not allow any third party to (i) copy, modify, adapt, translate, or create derivative works from the Software or Documentation, (ii) reverse engineer, decompile, disassemble, or attempt to find the source code Software, unless explicitly permitted by undnag law applicable in the jurisdiction you are located (iii) rent, lease, sell, transfer, or transfer rights in or to the UTM, the Processing Software, Documentation, or services, (iv) remove the label or exclusive on the Software or placed by the Service, or (v) use, post, send, or to introduce the device, software, or perform routine activities that can prevent or try to obstruct the operation of the Service or the Software. You will use the Software, Service, and reports solely for internal use, and will not provide the Software or services for sharing, the use by the application service provider, or service bureau. You will comply with all applicable laws and regulations that apply to your use of and access to the Documentation, Software, Service, and reports.

This license will be immediately terminated if you fail to comply with terms of the Agreement. After closing, you must destroy all copies of the UTM and UTM original and you have to notify Google in writing within three (3) business days of the closure and stopping the use of the Service without the permission in writing from Google.

5. CONFIDENTIALITY. "Confidential Information" includes data and proprietary information disclosed by any one party to the other party in writing and marked "confidential" or disclosed orally and, within 5 working days, be in writing and marked "confidential". Without ignoring the things that have been previously mentioned, Confidential Information will not include any information that has been and will be general public, which has become the property of the recipient before disclosed by one party and has been developed by the recipient party without use of Confidential Information. No one party will use or disclose Confidential Information other party without the prior written permission from the other party except for the purpose of fulfilling obligations in this Agreement or if required by law, regulation, or court order. In such cases, the parties had to disclose Confidential Information will notify the previous fair to the other party disclose that information before. Once terminated this Agreement, the parties involved will immediately return or destroy all Confidential Information and upon request, provide a statement tertulisnya. You are responsible for maintaining the confidentiality of the password and your user name provided by Google, and on the use or misuse of your account due to any third party using your user name and password given to you. You agree to immediately notify Google in the case of unauthorized use of your account or other breach of security.

6. Publicity RIGHTS AND INFORMATION. Google and its subsidiary owned entirely possible to save and use information gathered from the use of the Service by you, in accordance with the terms of the Privacy Policy (located at http://www.google.com/privacy.html, or such other URL that may be provided Google from time to time). Google will not share information associated with You or your Site with any third parties unless Google (i) obtain consent from you, (ii) concluded that the action required by law or have a better confidence with the intention that the access, storage , or the information is reasonably necessary to protect the rights, property or safety of Google, its users or the general public, or (iii) provide information in the limited conditions to a third party to perform tasks on behalf of Google (for example, billing or data storage ) with the strict limits of that data is not used or disseminated, except on the instructions from Google. When this provision applies, according to the agreement are required to process this information only on Google's instructions and comply with the Agreement and the confidentiality and security procedures accordingly.

7. PRIVACY. You will not (and will not allow any third party to) use the Service to track or collect personally identifiable information of Internet users, or you will not (and will not allow third parties to) connect any data gathered from your website (or Web site third party) that contains personally identifying information from any source as part of the Service by you (or a third party). You will receive and approve the appropriate privacy policies and comply with all applicable laws relating to the collection of information from visitors on your website. You should be posting a privacy policy and the policy must include a notice about the use of a cookie that collects anonymous traffic data.

8. PROTECTION AGAINST LOSS. You agree to protect against the loss, not dangerous, and defend Google and subsidiaries owned in full, with the cost of you, for any and all claims, actions, efforts to claim, and claims against Google or any of its officers, directors, employees, representatives, or its affiliates, and all liabilities, damages, settlements, sanctions, fines, costs, and costs related to (including, without limitation, attorneys' fees and other court costs reasonable) that Google or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your violation of the terms or provisions of this Agreement, (ii) use of the Service by you, (iii) your violation of the laws, rules, or regulations in connection with the Service, or (iv) Brand Features you. In such a case, Google will provide you with written notice of claim, demand, or action. You must cooperate fully as reasonably required in the defense of claims. Up costs alone, Google reserves the right to make exclusive defense and control of any issues regarding the protection of indemnification by you.

9. THIRD PARTIES. If you provide access to the Account or your Account in part to a third party or use the Service to collect information on behalf of third parties ( "Third Party"), you either have or do not have authorization to do so from Google and subsidiaries owned in full, then Chapter 9 requirements will apply to you.

If you use the Service on behalf of Third Party, You represent and warrant that (a) under this Agreement, you have the authority to take action on behalf of Third Party, (b) between you and the Third Party, Third Party has rights to Customer Data in the account apply, and (c) you are forbidden to reveal the property of Customer Data Third Party to the other party without the Third Party's consent.

You will ensure that each Third Party is bound and comply with the terms of this Agreement. Google and subsidiaries owned in full does not make any representations or warranties for the benefit of the Third Party directly or indirectly. Against Third Parties, you will perform all actions necessary to remove the legal responsibility for any and all representations or warranties associated with Google and subsidiaries owned in full, and the Service, the Software or its use. You agree to protect against the loss, not dangerous, and defend Google and subsidiaries owned in full, with the cost of you, for any and all claims, actions, efforts to claim, and claims against Google or any of its officers, directors, employees, representatives, and its affiliates, and all liabilities, damages, settlements, sanctions, fines, costs, or charges related to (including, without limitation, attorneys' fees and other court costs reasonable) that Google or any of its officers, directors, employees, agents or affiliates, which appear or related to (a) any representations and warranties made by you on any aspect of the Service, the Software or Reports to Third Parties, (b) any claims made by or on behalf of Third Parties related directly or indirectly with the use of Service, the Software or Reports by you, (c) obligations of the privacy breach by you of Third Parties, and (d) any claim or action on the error associated with the Third Party Service, the Software or Reports.

10. DISCLAIMER OF LIABILITY LAW ON GUARANTEE. Information and services provided or available through the Service, including the Reports, may include inaccuracies or typing errors. Changes will be periodically added to the information in this document. Google and / or the provider can be associated at any time to completion and / or improvements in the Service or the Software, with or without notice. Google does not represent or warrant that the Service will be uninterrupted or error free, the damage will be repaired, or the Service, Software or other software on the server free of viruses or other harmful components. Google does not warrant or represent that the use of the Service or the Reports will be correct, accurate, timely, or reliable in any way. You explicitly agree that Google and its subsidiaries that will not be held fully responsible for any unauthorized access or changes to Customer Data or data from your Website.

SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS", AND NO WARRANTIES, CLAIMS OR REPRESENTATIONS ARE MADE BY GOOGLE AND / OR SUBSIDIARIES AND affiliates, explicitly EXPRESS, IMPLIED, OR UNDER THE LAW, REGARDING THE SERVICE, THE SOFTWARE, DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, WITHOUT INFRINGEMENT, TO be feasibility, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF ANY KIND ARE MADE WITH HANDLING, Implementation, OR TRADE USAGE. GOOGLE DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR REQUIREMENTS OR ERROR-FREE, OR OPERATION OF SERVICE WILL BE UNINTERRUPTED. DISCLAIMER AND EXCLUSION OF LIABILITY LAW of the foregoing IS IMPORTANT PART IN THIS AGREEMENT and form the basis for determining charged RATES FOR SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO DISCLAIMER OF LIABILITY THIS LAW MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY. GOOGLE AND SUBSIDIARIES owned entirely NOT BE RESPONSIBLE FOR ANY CLAIMS OF THIRD PARTIES OF ANY DIRECT DAMAGES, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA collected THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON CLAIMS OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, Strict LIABILITY, OR OTHER TORT, BREACH OF THE LAW OF LIABILITY, INDEMNITY OR CONTRIBUTION, OR OTHER ACTION, EVEN IF GOOGLE AND / OR SUBSIDIARIES AND affiliate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCLUSIONS listed in Paragraph WILL APPLY, regardless EKSKLUSIF FAILURE SOLUTIONS ARE PROVIDED ON NEXT Paragraphs. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSION paragraph and paragraphs EARLIER THIS MAY NOT APPLY TO YOU.

Liabilities total cumulative Google (and all subsidiaries) to you or others on the loss and damage due to claims, demands, or actions arising out of or relating to this agreement may not exceed the less than Rp5 million.

12. LEVEL OF SERVICE. Google does not guarantee the service can operate at any time or during time off (1) that is not functioning due to power lines on the Internet, network, or server public key, (2) caused by any failure on the equipment, system, or access to local services You, (3) because the maintenance has been scheduled before, or (4) associated with the event outside the control of Google (or a subsidiary fully owned) as a demo labor, strikes, mass, revolution, fire, flood, explosion, war, governmental action , labor conditions, earthquakes, natural disasters, or Internet service disruption in the area of the Google (or a subsidiary fully owned) or your server is located or in the surrounding areas. Complete accuracy in all aspects of your statistics at any time is also not guaranteed.

13. RIGHTS STATEMENT EKSKLUSIF. The services including but not limited to the UTM and Google Analytics Software and all intellectual property rights in the Service is, and will remain, property of Google (and its subsidiaries are fully owned). All rights in and to the Processing Software that is not given to you to in this Agreement remain owned and maintained by Google and its licensors without restriction, including but not limited to the rights Google (and its subsidiaries are fully owned) on the sole ownership of Software Documentation and Google Analytics. Without limiting the general of the foregoing, you agree not to (and does not allow any third party to): (a) sublicense, distribute, or use the service outside the scope of the license granted in this statement, (b) copy, modify, adapt, translate, prepare derivative works of, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover the source code or trade secrets related to the Service; (c) use the trademarks, trade names, service brands, logos, domain names and other distinctive brand features or copyright or other proprietary rights associated with the Services for any purpose without written permission from Google, (d) register, attempt to register, or assist another person to register trademarks, trade names, service brand, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the Google (or their employer of the child in full) in addition to the name of Google (or their employer of the child in full, as may occur); or (e) remove, obscure, or change the statement copyright, trademark, or other exclusive rights that appear in or on any item and is included with the Service.

14. GOVERNMENT RIGHTS A.S. If the use of the Service made by or on behalf of the U.S. Government or main contractor and subkontraktor U.S. Government (at any level), based on 48 C.F.R. 227.7202-4 (for Department of Defense acquisition or DOD), 48 CFR 2101, and 12,212 (in addition to DOD acquisitions), the right of the Government of the Software, including the right to use, modify, reproduce, release, use, display, or disclose the Software or Documentation, will be set up in all the commercial license rights and restrictions provided in this Agreement.

15. MASA and APPLY TERMINATION. One of the parties in the Agreement can stop at any time and for any reason.

After this Agreement expires or terminated, Google will stop providing the Service, and You will delete all copies of Google Analytics UTM code from all pages and provide a written statement to Google within three (3) business days after termination. If the termination occurs (a) you are not entitled to a refund is being used or other costs, and (b) (i) to balance terutang Service dirender on termination, and (ii) other payment obligations that have not been paid during the Terms of Start will end soon and paid in full and (c) all of Your historical report data will no longer be available to you unless the agreement or the purchase of professional services for the exchange of data and pentransferan included as a component termination.

16. MODIFIKAI TERMS OF SERVICE AND OTHER POLICIES. Google reserves the right at any time to change or modify one of the terms and conditions listed in this Agreement or any policy the Service, by posting a new agreement to a site that is located in the www.google.com/analytics/id-ID/ (or such other URL as Google may provide). You are responsible for reading the policy regularly. No amendment or modification of this Agreement will be binding, unless (i) be in writing and signed by authorized representatives of the Google authorities, (ii) you agree to the terms of which have been updated online, or (iii) You continue to use the Service after Google posting updates to the Agreement or any policy the Service.

17. OTHER PROVISIONS; LAW AND THE APPLICABLE. Google will be exempt from this policy in action, if action is prevented, suspended, or been by causes beyond reasonable control. This Agreement (including the changes approved by all parties in writing) is a complete agreement about the things mentioned, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is not considered to have legal force upon any reason, then the provision should be changed as far as necessary in order to have full legal force which allowed, so that will affect the meaning of all parties, and the contents of the Agreement will remain valid and have legal force full. This Agreement shall be governed by and be understood based on the laws of the State of California without considering reciprocal principle in law. If there is a conflict between laws, regulations, and with the provisions of foreign laws, regulations, and California regulations, the laws, regulations, and provisions of California will be used and applied. Each party agrees to submit to the exclusive jurisdiction and private court located in Santa Clara County, California. United Nations Convention on Contract for the International Sale of Good and Uniform Computer Information Transaction (United Nations Convention on Contracts Sales Barang International Law and uniformity in Computer Information Transaction) will not apply in this Agreement. Software is governed by the U.S. Export Regulations, and may not be exported or used by the state or the person who diembargo. Notification to be sent to Google: Google Inc.., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department, through the special lightning, air, postal, or express courier, and was considered to have been based on the receipt. Neglect any omission is not regarded as a failure next negligence. You may not transfer or transfer your rights in this Agreement without the prior written permission from Google, and efforts are not valid. The relationship between Google and You is not a legal partnership relationship, but is an independent contract relationship. This Agreement shall be binding and can be used for the purposes of the recipient and the successor is appointed by each party. Following chapter in this Agreement will remain valid after the closing: 1, 4, 5, 6 (except the last 2 sentences), 7, 8, 9, 10, 11, 13, 15, and 17.

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