Terms for advertising
Published on Friday, 16 October 2009 18:51
Please read this agreement before becoming a highly valued T.O.C. Client:
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 agreement between you (purchaser) and T.O.C. (http://timeshareownerscommunity.com/). This agreement concerns your purchase of a service in which T.O.C. agrees to provide banner impressions/send visitors to a URL specified by you ("the service" or "the package").
Campaign starting date: Due to variances in amounts of impressions 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. All payments must clear first. All new clients banners first must be verified first before we start your campaign, this may delay your order until you have been verified by us, and not the day the order was placed.
You are guaranteed that T.O.C. will provide the number of impressions/visitors to the banner/URL you specify and agreed apron by you/us. If you are a new client and have not been verified, your campaign will be delayed until your have become verified. This is the only guarantee for this service. In no event shall T.O.C 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 T.O.C. has been advised of the possibility of such damages.
If we are unable to deliver the number of impressions promised, you may claim a refund. In the unlikely event that T.O.C. does not deliver the number of impressions promised, we will provide a refund of your entire purchase price on a pro-rated 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.
T.O.C. will notify violator 1 time via email that impressions have stopped for violating one our terms of service. T.O.C. will also give the client 24 hours to correct the violation of the URL traffic is being sent to at the time of violation notice. If violation has not been corrected in the allowed time frame, T.O.C. reserves the right to terminate contract with client with no refunds of any type will be offered. Possibly forfeit all remaining impressions remaining, this will be at the discretion of T.O.C. If violation is corrected in a timely manner (24 hours) and no violations are present, T.O.C. will at there discretion authorize the continued delivery of purchased impressions until all impressions are completed in purchase agreement between client and T.O.C.
By purchasing impressions from T.O.C. client hereby agrees to abide by these terms of services, and further agrees to the NO REFUND policy for violations. NO EXCEPTIONS!!!
T.O.C. will not deliver impressions 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 T.O.C.. T.O.C. will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, T.O.C. may stop your campaign immediately. In this case, you will not be entitled to a refund. PERIOD. NO EXCEPTIONS!!!
Anyone caught using a redirect script or other means to divert traffic to another website, will forfeit the impressions not delivered and there will be no refund of any kind. Any one diverting traffic 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 T.O.C. NO EXCEPTIONS!!!
CONTROL FACTORS: T.O.C. 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 & network outages beyond our servers. Contact your web hosting company or network provider if you are unsure about whether your hosting account is sufficient for the traffic amount you are ordering.
Your Banner WILL NOT be linked directly to the URL (but the traffic will be directed there) you specify so this will not help the SEO, this is a consequence of the system that we use to track the impressions and clicks. If you need a campaign that includes a direct link, therefore helping the SEO please CONTACT US
OTHER LIMITATIONS: This Agreement is the entire agreement between you and T.O.C. and supersedes any other understandings or agreements, including, but not limited to, advertising with respect to the package.
T.O.C. will not be held liable for slow server bandwidth. Server bandwidth is the rate at which your website server can process files "hits". Slow bandwidth can hamper the servers ability to log all traffic files that are delivered.
T.O.C. will in no way be held responsible for slow server bandwidth.
T.O.C. will in no way be held responsible for determining the server bandwidth capabilities of customer sites.
T.O.C. will in no way be held responsible for lost traffic due to customer freezing of traffic campaign on all (rush orders).
Freezing on rush order is not permitted, due to impressions in que for your site. If you freeze your order you are responsible for all traffic that is lost due to your action.
T.O.C. will work with client account to assure quality and amount of service purchased.
T.O.C. will supply all info possible to aid in a client, to clear up traffic delivery dispute.
T.O.C. will not be responsible for incorrect URL's. This is the responsibilities of the client to verify the correct URL. T.O.C. will in no way be held responsible for this type of mistake.
T.O.C. has a NO REFUND for impressions once the impressions delivery has begun.
There are NO EXCEPTIONS to this policy of T.O.C..
VIRUS SITES: T.O.C. will not tolerate any sites submitted that have a virus on it. Your campaign will be stopped, dropped, and black listed. You site will go on a list of sites, ips, that we publish to be black listed for all to see. You only harm all business owners who are trying to make a living, and if put up a site that has a virus, you will be caught and reported, and never be able to order banner impressions from this site, and will be reported to other sites, we will not tolerate this type of abuse.
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) “Banner Impression” are the amount of times your banner is displayed on our site, more than one “impressions” may originate from a single IP address or individual (3) “Pro-rated” 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-rated” 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
You must agree to these terms for a client account.