You are guaranteed that Traffic Source will send the number of visitors to the URL you specify within 30 business days. This is the only guarantee for this service. In no event shall Traffic Source 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 Traffic Source has been advised of the possibility of such damages.
If we are unable to deliver the number of visitors promised within 30 days, you may claim a refund. In the unlikely event that Traffic Source 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.
Traffic Source will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience. Inappropriate content includes, but is not limited to, 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 Traffic Source. Traffic Source will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, Traffic Source may stop your campaign immediately. In this case, you will be provided a refund on a pro-rata basis.
Traffic Source 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 Traffic Source 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, and the remaining provisions will remain in full force and effect.
END OF AGREEMENT
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