ShortSwitch Terms of Service
By using shortswitch.com ("Service"), a service of Eye Street Research LLC ("ESR"), you ("You") are agreeing to be bound by the following terms and conditions ("Terms of Service").
ESR reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service (defined below), including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://shortswitch.com/terms
Violation of any of the terms below will result in the termination of your account. While ESR prohibits certain conduct and content on the Service, you understand and agree that ESR cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Subject to the terms and conditions set forth in this Agreement, ESR shall provide URL-shortening services (“Service”) described in these Terms of Service and any applicable plan selected by You as part of a premium account (“Plan”) using its proprietary technology and service. Technical support is only provided to paying account holders and is available via email and telephone. ESR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Data and Information
- As part of the Service, ESR collects and generates certain data regarding use of any shortened urls (“Data”). Such Data is collected utilizing ESR's proprietary technology and third-party statistics software (e.g., Google Analytics). As part of the Service, certain Data is made available on ESR's website and on third-party statistics websites, e.g., Google Analytics, to authorized end users. You may select the degree of public access to certain statistics in account settings. ESR owns all right, title and interest in and to all Data and hereby grants to You, subject to the terms of these Terms of Service, a non-exclusive, license to use, copy and modify the Data.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must be 13 years or older to use this Service.
- You must be a human or a legal person (e.g., a business entity) acting through a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as are allowed by your Plan.
- You are responsible for maintaining the security of your account and password. ESR cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- If you are using a free account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ESR, or any other ESR service.
- You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ESR.
- You must not transmit, or knowingly link to any resources that transmit, or otherwise make available, any worms or viruses or any code of a destructive nature.
Additional API Terms
You may access and manipulate your ShortSwitch account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses ShortSwitch, is subject to the following additional terms:
- Abuse or excessively frequent requests to ShortSwitch via the API may result in the temporary or permanent suspension of your account's access to the API. ESR, in its sole discretion, will determine abuse or excessive usage of the API. ESR will make a reasonable attempt via email to warn the account owner prior to suspension.
- ESR reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- Upon sign up for a paid account, you will be billed periodically (i.e., monthly or yearly, depending on the plan that you choose) starting on the day your account was initially created/upgraded and then again in advnace at the start of each subsequent period.
- You may only downgrade to a lower tier plan if you have not reached the link or user limits for that lower tier plan. User limits may be met by deleting accounts. In order to meet link limits you will need to wait until the beginning of the next calendar month in order to downgrade. Monthly billing is done at 9pm EST on the date you created or upgraded to a paid plan. Therefore, you have until 9pm EST on your billing date to change your plan prior to billing taking effect.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ESR does not accept any liability for such loss.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ShortSwitch Site ( shortswitch.com ) or the Service itself.
- ESR shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by logging into your admin level user clicking on the Account link in the global navigation bar at the top of the screen, and then clicking on the Cancel link. The Cancel Account screen provides a way to cancel your account and delete your account information.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Fees shall not be prorated, except in the case of yearly plans as follows. Early cancellation of a yearly plan shall result in a return of unused fees for (i) each month subsequent to the cancellation date less (ii) the monthly discount incentive (i.e., the cost difference between a month on the yearly plan and a month on the month-to-month plan) from each remaining monthly fee.
- ESR may, but has no obligation to, remove Content and Accounts containing Content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- ESR, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Eye Street Research service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ESR reserves the right to refuse service to anyone for any reason at any time.
Warranty And Disclaimer
AS OF THE EFFECTIVE DATE, ESR WARRANTS AND REPRESENTS (I) THAT IT WILL PERFORM THE SERVICE AT A PROFESSIONAL LEVEL OF QUALITY; (II) THAT IT OWNS OR HAS THE LEGAL RIGHT AND AUTHORITY TO PROVIDE THE SERVICE AS CONTEMPLATED BY THIS AGREEMENT, AND (III) THAT THE SERVICE DOES NOT INFRINGE OR MISAPPROPRIATE ANY COPYRIGHT, PATENT, TRADE SECRET, MASK WORK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. ESR DOES NOT WARRANT THAT THE SERVICE PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. ESR DOES NOT MAKE, AND ESR HEREBY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU UNDERSTAND THAT ESR USES THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN THE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, ESR DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL EXPRESS WARRANTIES WITH REGARD TO THE SERVICE. ALL SERVICE PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED OR PERFORMED ON AN "AS IS", "AS AVAILABLE" BASIS, AND YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
- ESR will indemnify, defend and hold harmless You from any and all liability, damages, costs and expenses (including reasonable attorneys’ fees and expenses) for claims brought by third parties for its authorized uses of the Service, provided that such indemnification shall not apply if (i) the Service or the ESR API are modified by any party other than ESR, if the cause of action relates to such modification; or (ii) the Service or the ESR API are combined with any non-ESR product, process, or materials, if the cause of action relates to such combination.
- You will indemnify, defend and hold harmless ESR from any and all liability, damages, costs and expenses (including reasonable attorneys’ fees and expenses) for claims brought by third parties by a third party arising from (i) allegations that ESR's use of a customer-designated URL infringes or misappropriates any trademark, copyright or other intellectual property of any third party; (ii) Your use of Data; (iii) the Service or the ESR API that are modified by You, if the alleged infringement relates to such modification; (iv) the Service or the ESR API that are combined with any of Your products, process or materials, if the alleged infringement relates to such combination; or (v) infringement or misappropriation of any proprietary right in which You have an interest.
- With respect to any judicial proceeding under this Section 8, the indemnifying party: (i) shall have the right to participate therein at its own expense and sole discretion; and (ii) shall have the right to assume complete control of the defense of any proceeding at its own expense and sole discretion, with counsel reasonably satisfactory to the indemnified party. After assumption by the indemnifying party of the defense thereof, the indemnifying party shall not be liable to this indemnified party under this Agreement for any legal fees or other expenses subsequently incurred by the indemnified party in connection with the defense thereof unless the employment of counsel by the indemnified party or the incurring of such expenses is necessary as a result of any conflict of interest or has been authorized by the indemnifying party.
Limitation of Liability
ESR SHALL NOT BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM, FOR ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (I) MATTER BEYOND ITS REASONABLE CONTROL; (II) LOSS, INACCURACY, OR CORRUPTION OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES; (III) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL; OR (IV) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE FEES PAID BY YOU FOR THE SIX (6) MONTH PERIOD PRIOR TO WHEN THE CLAIM AROSE, IN EACH CASE EVEN IF ESR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
- Non-waiver. Failure by either Party at any time to require the performance of the other Party of any of the terms hereof shall in no way affect such Party’s right thereafter to enforce the same, nor shall the waiver by either Party of the breach of any provision hereof be taken or held to be a waiver of any succeeding breach.
- Severability. In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision is held invalid or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be deleted from this Agreement and the Agreement shall be construed to give full effect to the remaining provisions thereof.
- Governing Law. The validity, construction, interpretation and performance of this Agreement shall be governed by and construed in accordance with the domestic laws of the Commonwealth of Virginia except as to its principals of conflicts of laws and the parties hereto irrevocably submit to the jurisdiction and venue of the courts of Virginia to resolve any dispute arising hereunder or related hereto.
- Entire Agreement. This Agreement contains and represents the entire agreement of the parties and supersedes all prior agreements, representations, or understandings, oral or written, express or implied with respect to the subject matter hereof.
- Assignability. This Agreement shall be binding upon and inure to the benefit of each Party and its respective successors and assigns. Neither this Agreement nor any rights or obligations hereunder may be assigned by either Party without the prior written consent of the other, which consent shall not be unreasonably withheld.
- Independent Contractors. The parties agree that ESR is an independent contractor in the performance of the Services under this Agreement.
- Questions about the Terms of Service should be sent to support at shortswitch dot com