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::: Terms Of Service
In no event shall Adverex 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
Adverex has been advised of the possibility of such damages.
In the unlikely event that Adverex
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. Statistics,
data and other information from third party counters 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.
Adverex will not deliver visitors
to sites with pop-up windows. Any additional window generated by
your site shall be considered a pop-up window, including pop-under
windows and javascript alert windows. If a pop-up window is
installed on the URL at any time, Adverex may stop the campaign and
you will not be entitled to a refund. Sites may not break out of
frames, have any type of background music or sounds, multiple
forwarding or redirections, illegal material, hate content, or use
any type of script or programming code to change a browsers normal
surfing routine. A breach in any of these terms is subject to
cancellation of your campaign with no refund.
Adverex will not deliver general
visitors to sites containing content that is not appropriate for
viewing by a general audience. Inappropriate content includes, but
is not limited to, adult content, hate text, illegal content (in the
US) and content that encourages illegal activities or violence. What
constitutes inappropriate content shall be determined at the sole
discretion of Adverex. Adverex will review your site before
beginning the campaign. If your site is changed during the campaign
such that it includes inappropriate content, Adverex may stop your
campaign immediately. In this case, you will not be provided a
refund on a pro-rata basis. If your site contains inappropriate
content, you must order adult traffic.
Adverex 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, pop-up smashers and network
outages beyond our servers. Please contact your web hosting company
or network provider if you are unsure about whether your hosting
account is sufficient for the program you are ordering.
This Agreement is governed by the
laws of the Commonwealth of Delaware. This Agreement is the entire
agreement between you and Adverex and supersedes any other
understandings or agreements, including, but not limited to,
advertising with respect to the package. Any action relating to this
Agreement must be brought in the federal or state courts located in
Delaware, and you irrevocably consent to the jurisdiction of such
courts.
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 web page. (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. (3) Targeted campaigns are any campaign that
is language, category, or site specific. Non-targeted are not
language, category or site specific.
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. These terms are subject to change at any given time without notice. |
