Traffic Terms
By using any of our services, 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 Business Hosting Plus (Business Hosting Plus). This agreement
concerns your purchase of a service in which Business Hosting
Plus agrees to send visitors to a URL specified by you ("the
service" or "the package").
Plain and simple. NO POPUPS/Unders
or sound allowed (unless campaign targeting was ordered to allow
ONE popup), no sounds, no frame-breaking code, no inappropriate
content (we determine what is appropriate). We reserve the right
to stop a campaign at any time without refund.
Campaign starting date. 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.
You are guaranteed that Business
Hosting Plus will send the number of visitors to the URL you specify
within 30 days of the campaign starting date. If you pay by check
(or online check) the campaign starting date shall be the date
specified in your order OR the date on which your check clears,
whichever occurs last. This is the only guarantee for this service.
In no event shall Business Hosting Plus 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 Business Hosting Plus
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 Business
Hosting Plus 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.
Business Hosting Plus will not deliver
visitors to sites with popup windows, unless the specific campaign
package you order states that you are allowed exactly one popup
window on the advertised site. Any additional window generated
by your site shall be considered a popup window, including popunder
windows and javascript alert windows. If a popup window is installed
on the URL at any time, Traffic Jams may stop the campaign and
you will not be entitled to a refund.
Business Hosting Plus 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 Business Hosting
Plus. Business Hosting Plus will review your site before beginning
the campaign. If your site is changed during the campaign such
that it includes inappropriate content, Business Hosting Plus
may stop your campaign immediately. In this case, you will not
be entitled to a refund. PERIOD.
Business Hosting Plus 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.
Resellers or Brokers of this service
must include this exact TOS agreement on all order pages and provide
a copy to all ordering customers.
This Agreement is the entire agreement
between you and Business Hosting Plus 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 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.
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