This Terms of Service Agreement ("Agreement") is entered into as of the date on which the Customer first uses and/or receives the 3XPWeb Guaranteed Traffic Services (“Guaranteed Traffic Services”, “Guaranteed Traffic”, “Hit”, “Visitor”, “Campaigns”) ("Effective Date") by and between 3XPWeb (“3XPWeb”, "3XPWeb.com", “We”, “Our”, “Us”) and Customer ("Customer", “Client”, “You”).
This Agreement represents the terms and conditions under which 3XPWeb shall provide Customer access to and use of the 3XPWeb Services package or packages subscribed to ("3XPWeb Services Package"), which may be amended from time to time to reflect additional or amended 3XPWeb Services ordered by Customer. 3XPWeb Services shall be provided to Customer via the Internet's world wide web. Additional services and/or deliverables may be procured consistent with the terms of this Agreement. Any attempt to alter or amend the terms and conditions contained in this Agreement through conflicting or inconsistent terms in any other document shall be void and of no force and effect.
All campaigns are considered active the moment the first visitor is delivered to the client’s web site.
Client is financially responsible for every visitor delivered to their website. In the event of client cancellation, you agree to pay 50% of the original order amount at the current retail price, plus a 15% cancellation charge.
All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold 3XPWeb or it's Partner Sites responsible for the error. Any traffic delivered to a Client's site reflecting the above error, will not be credited or entitled to a refund.
In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold 3XPWeb or its Partner Sites responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded.
In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED!
Click-Through, Hits, Pop-up and or under ad views will be counted as unique visits per a visitors IP Address.
We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, 3XPWeb points the visitors to this campaign id.
The client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. 3XPWeb cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.
Client understands that hit counters on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that 3XPWeb DOES NOT GUARANTEE SALES OR SIGNUPS AND WILL NOT ISSUE A REFUND IF NONE ARE ACHIEVED!
Client may not sell, assign or transfer any of the rights or services accompanying the purchase. Client may not under any circumstances have any type of pop up advertising on the web site being promoted by 3XPWeb. Client may not change the content of the URL being advertised in any manner without prior written approval by 3XPWeb authorized staff. Any attempt either by accident or design undermining the intention of this T.O.C. or the general principals that it was written for will result in immediate account deletion with no refund or adjustments available.
Clients choosing to change their website content after being approved by 3XPWeb must first submit a request. Any Client not submitting a request may have their website traffic stopped indefinitely, and without a refund.
In the event that there is a discrepancy between the amount of traffic delivered by 3XPWeb, and the amount of traffic delivered to the Client, on their behalf, 3XPWeb and the client both agree to use the report prepared by our ("3XPWeb") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by 3XPWeb to be true and accurate and agrees to hold 3XPWeb, all companies, and individuals involved harmless for any unexpected results arising from any traffic campaign.
Client will accept a reasonable amount of discrepancy (10-15%) in the reporting of traffic.
If we are unable to deliver the number of visitors promised within 180 days of the campaign starting date, you may claim a refund. In the unlikely event that 3XPWeb 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.
Client agrees to these terms of service and understands that they are legally binding.
3XPWeb shall be permitted to identify Client as a 3XPWeb Client and may use Client's name in connection with 3XPWeb marketing materials. Subject to the prior approval of each party, 3XPWeb may elect to issue a joint press release announcing the Client's marketing partnership with 3XPWeb, which approval shall not be unreasonably withheld.
3XPWeb will not promote spam, scam, hate, porn, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse for refund.
3XPWeb will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience, unless the specific campaign ordered was targeted to special audiences (i.e. Adults Only). 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 3XPWeb. 3XPWeb will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, 3XPWeb may stop your campaign immediately. In this case, you will not be entitled to a refund. PERIOD.
3XPWeb will not deliver visitors to sites with popup windows (unless pre-specified as such). Any additional window generated by your site shall be considered a popup window, including popunder windows, activex install prompts, and javascript alert windows. If a popup window is installed on the URL at any time after the campaign has begun, 3XPWeb may stop the campaign and you will not be entitled to a refund.
3XPWeb 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. 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 the entire agreement between you and 3XPWeb and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package.
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. The remaining provisions will remain in full force and effect.
This Terms of Service Agreement ("Agreement") is entered into as of the date on which the Customer first uses and/or receives the 3XPWeb Guaranteed Traffic Services (“Guaranteed Traffic Services”, “Guaranteed Traffic”, “Hit”, “Visitor”, “Campaigns”) ("Effective Date") by and between 3XPWeb (“3XPWeb”, "3XPWeb.com", “We”, “Our”, “Us”) and Customer ("Customer", “Client”, “You”).
This Agreement represents the terms and conditions under which 3XPWeb shall provide Customer access to and use of the 3XPWeb Services package or packages subscribed to ("3XPWeb Services Package"), which may be amended from time to time to reflect additional or amended 3XPWeb Services ordered by Customer. 3XPWeb Services shall be provided to Customer via the Internet's world wide web. Additional services and/or deliverables may be procured consistent with the terms of this Agreement. Any attempt to alter or amend the terms and conditions contained in this Agreement through conflicting or inconsistent terms in any other document shall be void and of no force and effect.
All campaigns are considered active the moment the first visitor is delivered to the client’s web site.
Client is financially responsible for every visitor delivered to their website. In the event of client cancellation, you agree to pay 50% of the original order amount at the current retail price, plus a 15% cancellation charge.
All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold 3XPWeb or it's Partner Sites responsible for the error. Any traffic delivered to a Client's site reflecting the above error, will not be credited or entitled to a refund.
In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold 3XPWeb or its Partner Sites responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded.
In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED!
Click-Through, Hits, Pop-up and or under ad views will be counted as unique visits per a visitors IP Address.
We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, 3XPWeb points the visitors to this campaign id.
The client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. 3XPWeb cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.
Client understands that hit counters on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that 3XPWeb DOES NOT GUARANTEE SALES OR SIGNUPS AND WILL NOT ISSUE A REFUND IF NONE ARE ACHIEVED!
Client may not sell, assign or transfer any of the rights or services accompanying the purchase. Client may not under any circumstances have any type of pop up advertising on the web site being promoted by 3XPWeb. Client may not change the content of the URL being advertised in any manner without prior written approval by 3XPWeb authorized staff. Any attempt either by accident or design undermining the intention of this T.O.C. or the general principals that it was written for will result in immediate account deletion with no refund or adjustments available.
Clients choosing to change their website content after being approved by 3XPWeb must first submit a request. Any Client not submitting a request may have their website traffic stopped indefinitely, and without a refund.
In the event that there is a discrepancy between the amount of traffic delivered by 3XPWeb, and the amount of traffic delivered to the Client, on their behalf, 3XPWeb and the client both agree to use the report prepared by our ("3XPWeb") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by 3XPWeb to be true and accurate and agrees to hold 3XPWeb, all companies, and individuals involved harmless for any unexpected results arising from any traffic campaign.
Client will accept a reasonable amount of discrepancy (10-15%) in the reporting of traffic.
If we are unable to deliver the number of visitors promised within 180 days of the campaign starting date, you may claim a refund. In the unlikely event that 3XPWeb 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.
Client agrees to these terms of service and understands that they are legally binding.
3XPWeb shall be permitted to identify Client as a 3XPWeb Client and may use Client's name in connection with 3XPWeb marketing materials. Subject to the prior approval of each party, 3XPWeb may elect to issue a joint press release announcing the Client's marketing partnership with 3XPWeb, which approval shall not be unreasonably withheld.
3XPWeb will not promote spam, scam, hate, porn, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse for refund.
3XPWeb will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience, unless the specific campaign ordered was targeted to special audiences (i.e. Adults Only). 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 3XPWeb. 3XPWeb will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, 3XPWeb may stop your campaign immediately. In this case, you will not be entitled to a refund. PERIOD.
3XPWeb will not deliver visitors to sites with popup windows (unless pre-specified as such). Any additional window generated by your site shall be considered a popup window, including popunder windows, activex install prompts, and javascript alert windows. If a popup window is installed on the URL at any time after the campaign has begun, 3XPWeb may stop the campaign and you will not be entitled to a refund.
3XPWeb 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. 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 the entire agreement between you and 3XPWeb and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package.
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. The remaining provisions will remain in full force and effect.
END OF AGREEMENT |
