Terms

TERMS OF SERVICE

Last Modified: Tuesday 29th November 2011

By using any of our services on this site, you hereby certify that you have read and agree to the following terms of service:

Please read the entire agreement. The agreement ends with the text “END OF AGREEMENT”

This is a legal agreement between you and Web-Traffic-Services.com. This agreement concerns your purchase of a service in which Web-Traffic-Services.com agrees to send visitors to a URL specified by you (called “the service” or “the package”).

Traffic Campaign starting date.

The campaign starting date is specified in your e-mail activation that you received from Web-Traffic-Services.com. Due to variances in amounts of traffic purchased at different times, the starting date may fluctuate, and we are in no way to be held responsible if your campaign does not start by a specific date.

Payment

Rates shall be those listed within the site and are payable prior to any campaign or service being established.

Refunds

Refunds will only be given for traffic that we fail to deliver within the specified time limit, and in such cases any refunds will be pro-rata, that is to say that only the portion of the remaining undelivered traffic will be refunded.

Our Web Traffic Guarantee

You are guaranteed that Web-Traffic-Services.com will send the number of visitors to the URL you specify within 30 days of the campaign starting date. This is the only guarantee for this service. If the inability to deliver our services is due to a fault of the customer or the customer’s website (such as a website being offline / unavailable) then we are not obliged to refund any portion of the unused packages or services. In no event shall Web-Traffic-Services.com be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other pecuniary loss) arising out of the use or inability to use the package, even if Web-Traffic-Services.com has been advised of the possibility of such damages.

If we are unable to deliver the number of visitors promised within 30 days of the campaign starting date, you may claim a refund. In the unlikely event that Web-Traffic-Services.com does not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis. In cases where refunds are claimed, we reserve the right to require proof that the proper number of visitors were not delivered. Stats, data and other information from third party counters (e.g. Extreme-DM.com, hitbox) are not sufficient to establish a claim. These counting systems tend to yield an improper count. If we dispute your claim, you must provide us with RAW server logs from the site and time period in question – this is the only reliable method of counting a visitor.

Pop-Ups, Pop Unders & Sound

Web-Traffic-Services.com will not deliver visitors to sites with popup windows or sites containing sound unless pop up traffic has been purchased. Any additional window generated by your site shall be considered a popup window, including pop-under windows and java-script alert windows. If a popup window or sound is installed on the URL at any time, Web-Traffic-Services.com may stop the campaign and you will not be entitled to a refund.

Inappropriate Content

Web-Traffic-Services.com will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience (the only exception to this rule is traffic packages purchased specifically for adult or casino websites) . Inappropriate content includes, but is not limited to, , hate text, illegal content and content that encourages illegal activities or violence. What constitutes inappropriate content shall be determined at the sole discretion of Web-Traffic-Services.com. If your site is changed during the campaign such that it includes inappropriate content, Web-Traffic-Services.com may stop your campaign immediately. In this case, you will not be entitled to a refund.

Adult Content & Casino Website Traffic

Web-Traffic-Services.com will not deliver visitors to sites containing Adult content or Casino / Gambling websites unless you have purchased the specific packages for these types of websites. If your site is changed during the campaign such that it includes Adult, Casino or Gambling content, Web-Traffic-Services.com may stop your campaign immediately. In this case, you will not be entitled to a refund.

Force Majeure / Factors beyond our control

Web-Traffic-Services.com cannot be held responsible for factors beyond our control that may interfere with our ability to deliver visitors to your URL. Such factors include, but are not limited to:  downtime on your server, overuse of your bandwidth quota (if applicable), errors on your site and network outages beyond our servers, war, acts of God, earthquakes, fires, riots, sabotage, labor shortage or dispute, internet interruption, government acts, technology failure, any other similar events.

Please contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the program  / traffic you are ordering.

Frozen Web Traffic Accounts

Campaigns that have been frozen beyond 30 days will be considered to be abandoned traffic unless Web-Traffic-Services.com is notified (in writing) at least 48 hours before the 30 day period expires.

Account Passwords & Site Access

By using our service you agree to keep your login details and password safe, and that you will immediately notify us if ever your account or details should become compromised. In the event of your computer or system being compromised (“hacked”) you should take the necessary precautions, such as changing passwords, and you should ensure that any trojan’s or virus’s are removed. Web-Traffic-Services.com cannot be held liable for any losses you may suffer as a result of your computer or system being compromised.

Unlawful Activity

We reserve the right to investigate complaints, reported violations, or any suspicious use in relation to Company property and or services,  whether tangible or not including but not limited to software, servers, products, services, websites, or technologies. As a result, any action we deem appropriate may be taken, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnity

Clients shall at all times indemnify and hold harmless Web-Traffic-Services and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the services provided by the Company pursuant to this agreement.

Arbitration

Any legal controversy or legal claim arising out of or relating to this agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, sites operations, intellectual property, and our services, shall be settled solely by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Melbourne, Australia, and judgement on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Melbourne, Australia necessary to protect the rights or property of you, and us pending the completion of arbitration. Each party shall bear their own costs for the arbitration fees.

Agreement

This Agreement is the entire agreement between you and Web-Traffic-Services.com and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package. By purchasing or using any of our traffic packages or services you are simultaneously agreeing to the terms and conditions outlined and  contained within this document.

Changes To This Agreement

We reserve the right to amend this agreement at any time in the future without notification. When we make changes we will publish an updated version of this document on our website, and if changes made are substantial then we will make an announcement within our “News” section of this website. It is the responsibility of all users to read our latest terms and conditions document.

TERMINOLOGY:

(1) In the present context, a visit generally occurs when a text file is loaded from your server (this includes HTML files). A hit occurs when a file is loaded from your web server. Since loading a single web page can cause several files to load (e.g. images), several hits usually occur when a page is loaded. Thus, the number of hits is always greater than (or equal to) the number of visits. The term “number of visitors” is interchangeable with the term “number of visits.” Several “visits” may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a webpage. (2) “Pro-rata” refunds are calculated by dividing the number of visits we delivered by the number of visits you ordered. The result of this calculation is subtracted from 1 and the resulting figure is multiplied by your purchase price to derive the “pro-rata” refund. If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.

 

END OF AGREEMENT