Membership Agreement terms of
of EternalHits.com PLEASE READ THE ENTIRE MEMBERSHIP
This Membership Agreement ("Agreement") between
you ("You" or "Member") and EternalHits.com, and
its affiliated entities (collectively referred
to herein as "EternalHits.com" or "We" or "EternalHits"
or "EternalHits Network"), sets out the terms
of your membership in EternalHits.com. Affiliated
entities shall mean any company or other legal
entity directly or indirectly owned by, controlled
by or under common control with EternalHits.com.
By clicking on the "Sign Me Up!" button and participating
in any program offered by EternalHits (the "Service"),
you agree to be bound by all the terms of this
Membership Agreement including the privacy statement.
A. Your Privacy is Safe at
EternalHits is committed to protecting your privacy.
We use the information we collect about you only
within the EternalHits Network to maintain your
membership profile. For more information, please
view our Privacy
About the Information We Collect:
This notice applies to all information collected
or submitted within the EternalHits program.
On some pages, you can register for the EternalHits
program. Here is what kind of personal information
we collect on these pages:
On some pages, you can submit information about
other people. For example, you may tell us you
have been referred by someone else to the EternalHits
program by entering the referrer's EternalHits
Why We Collect the Information
When you use some of the features of EternalHits,
we need to know your name, e-mail address, country
and interests. Once we collect this information,
it is only used within the EternalHits community
and no individually identifiable information is
distributed to third parties.
We use non-identifying and aggregate information
to better design our website and to share it with
advertisers. For example, we may tell an advertiser
that X number of individuals visited a certain
area on our website, or that Y number of people
from country z filled out our registration form,
but we would not disclose anything that could
be used to identify those individuals.
The EternalHits Program.
When someone joins EternalHits after being referred
to the program by a current member, the new member's
name and email address is posted in a members
EternalHits does not provide individually identifiable
information to third parties except as noted under
Limits of Confidentiality. EternalHits
uses proprietary technologies to preserve the
anonymity of members while matching their interests
with targeted information sent via email. EternalHits
will under no circumstance reveal any members
identity to marketers. It is solely at a EternalHits
members discretion if he or she chooses to provide
personally identifiable information to a marketer
by making a purchase, requesting additional information,
or communicating directly with the company or
organization after visiting its web site.
Limits of Confidentiality.
Due to the existing legal regulatory and security
environment, we may be forced to disclose individually
identifiable information to third parties. We
will use our best efforts to limit disclosure
only under these circumstances where necessary
by contract, legal process, or the technical operation
of the service.
EternalHits members may choose at any time to
review, modify or permanently remove all contact
and interest information stored by EternalHits
by contacting our support staff. Once removed
from the network, a past member will no longer
receive any communications from EternalHits. EternalHits
will never sell, rent, or otherwise use the contact
information of former members.
B. Updates to This Agreement.
This Agreement may be modified by EternalHits.com
from time to time, with or without notice. Member
accepts any modification by using the Service
after the modifications have become effective.
If the Member objects to any modification, the
Members sole remedy is termination of the
Members account by contacting our support
staff.. EternalHits.com will post any modification
and its effective date on this page.
C. Membership Requirements
To maintain a Membership with EternalHits.com,
You must meet the following requirements and EternalHits.com
reserves the right to terminate the Membership
of anyone who fails to meet these requirements
on an ongoing basis:
.1. You may only sign
up once and maintain one Membership. Only one
individual per account. Only one account per e-mail
address. Only one account per individual. Only
one account per computer. Any duplicate accounts
are subject to cancellation with forfeiture of
all credits and referrals held in such accounts.
No transfer of any credits or referrals between
accounts or to any third party, credits and referrals
cannot be transferred by Member upon death, as
part of a domestic relations matter or otherwise
by operation of law
2. You must provide
EternalHits.com with valid contact (email address)
information and may not impersonate or misrepresent
Your identity. EternalHits.com reserves its rights
under the laws to terminate your account, and
associated membership, containing untruthful information
for which You are responsible; EternalHits.com
may request from time to time that you update
the information on your online registration. EternalHits.com
may terminate your membership and close your account
if you fail to update your information upon request
3. Your User name/MemberID,
password, and account are personal to you and
are not transferable; You may not allow anyone
else to use Your password or account; You may
not use anyone else's password or account. You
are responsible for keeping Your password secret;
EternalHits.com is not liable for any loss or
damages caused by any disclosure of your password
or account; You may only create an account for
yourself and may not establish an account on behalf
of anyone else.
4. You may cancel Your
Membership by contacting our support team. If
you decide to cancel Your membership and later
wish to re-enroll, You will be assigned a new
account, and You will not receive further credit
for referrals made using Your previous account.
5. To the full extent
allowed by applicable law, EternalHits.com at
its sole discretion and for any or no reason may
refuse to accept applications for membership and
may terminate any Members without prior notice
for good cause, particularly including, but not
limited to: (a) any violation of any provision
of this Membership Agreement; (b) aiding in or
promoting circumvention of the Service; (c) acting
against the business interests or reputation of
EternalHits.com; (d) otherwise acting in a severely
or substantially unlawful manner in relationship
to EternalHits.com, the EternalHits.com Web site
or the Service; (e) material breach of our spamming
policy; or (f) any other reason at the discretion
If your account is terminated by EternalHits.com,
You may not re-enroll or join under a new account
unless formally invited to do so by EternalHits.com.
EternalHits.com may terminate a Members
account if no activity has occurred in such account
for six (6) consecutive months. Any accrued credits
or referrals in such account shall be forfeited.
8. Adult Websites
Adult web sites are not allowed on our network.
Members who post adult sites will have their pages
removed and all credits assigned to the page will
English Language web sites only.
Only English language sites will be allowed on
our network. Members who post non English language
sites will have their pages removed and all credits
assigned to the page will be forfeited.
Limits on Popups
Each site is allowed one popup per page. Sites
found to have more than one popup will have their
page removed and all credits assigned to the page
will be forfeited.
A "EternalHits Credit" (hereafter referred to
as "credit") has no monetary cash value. The EternalHits
Network may offer at its discretion, to buy credits
from its members for cash (US currency). The price
paid for credits will vary and will be listed
on the EternalHits web site. Credits may be purchased,
given away by EternalHits for free, or earned
by the member for using the EternalHits web site.
Credits may be earned only in compliance with
this agreement and other regulations posted on
the EternalHits web site. In general, a credit
may only be earned when linking from the EternalHits
web site to another unique web site and performing
other actions as posted on the EternalHits.com
website. No member will be compensated with credits
unless the member uses EternalHits services for
the intent to which the services were designed.
Credits may be withheld from any member determined
to be using the services incorrectly, maliciously,
or against its intended purpose in any way. Sites
must be loaded completely including all images.
EternalHits will use means such as timing visits,
placing limits on time and earnings and any other
means devised to make this determination. EternalHits
reserves the right to correct or adjust the credit
balance of any member without notice.
A Guaranteed visitor for purposes of this agreement
shall be defined as each time any EternalHits
website redirects a user to another member's web
site URL. It is the member's responsibility to
make sure the provided URL is accessible. To be
guaranteed a visitor the member must have one
unused credit available and choose to trade that
credit for a Guaranteed Visitor. The timeline
on which the "Guaranteed Visitor" will
be redeemed is not guaranteed as that is determined
solely by the extent to which other members find
the member's web site attractive. The EternalHits
Network makes reasonable effort to provide consistent
and quality service to its members, however, the
EternalHits Network makes no guarantees expressed
or implied of any kind regarding the dependability,
accuracy, or timeliness of its services.
The member acknowledges that participation in
any service that requires modification to the
member's web site is optional. The member may
not use any HTML or other languages to deliver
a EternalHits image or EternalHits Internet address
except that language (or code) is provided by
EternalHits and is used unmodified.
The EternalHits Network maintains ownership and
all right to the EternalHits name, logo, databases,
web site, information and site graphics. The member
may under no conditions use or modify any copyrighted
material in ways not stated in these terms and
conditions. Any material owned or created by EternalHits
may be used only to promote the member's site
or refer new members to the EternalHits web site.
No member shall be required to pay any dues to
maintain an active EternalHits registration. If
the member chooses to participate in optional
fee-based services, the membership fee must be
paid in advance to maintain continuous service.
When a new member links to our network from a
member's web site through the HTML or programming
code which EternalHits provides the member, the
referring member's ID number will be logged. Should
that visitor become a new member, the referring
member will be given the rate as provided on the
main index page and our about page for providing
No member will receive referral credit unless
the member's account is in compliance with all
network terms, rules, and regulations.
The EternalHits Network guarantees member webmasters
that they will receive guaranteed visitors or
the member will be compensated for any "Guaranteed
Visitor" which was guaranteed and not delivered.
Any compensation to the member shall be in the
form of "EternalHits credits."
A member may not artificially inflate traffic
counts, credits, or guaranteed click counters
using any device, program robot or other means.
The EternalHits Network will immediately terminate,
without obligation to redeem outstanding credit
or cash balances, the membership of any member
that does not comply with all terms of this agreement,
provides innacurate or dishonest information for
fraudulent purposes, or is found linking to or
promoting the EternalHits network in newsgroups,
bulk e-mail, chatrooms, or guestbooks. No cash
or credits or other account balances may be redeemed
after an account is closed, regardless of the
reason for closure.
The member agrees to participate in the EternalHits
Network at his/her own risk and agrees NOT to
hold EternalHits, its administrators, partners,
employees, or sponsors liable for any damage or
loss of information that may occur from the use
of EternalHits services. The member agrees to
defend, indemnify and hold the EternalHits Network
harmless from and against any and all claims,
losses, liability costs and expenses (including
but not limited to attorneys' fees) arising from
the member's violation of this Agreement or any
third-party's rights, including but not limited
to infringement of any copyright, violation of
any proprietary right and invasion of any privacy
rights. This obligation will survive any termination
of this Agreement.
D. Your relationship to EternalHits.com
Your relationship to EternalHits.com is one of
an independent contractor and/or customer. No
employee-employer relationship is created by Your
use of the Service. You do not have any obligation
to refer new members to the EternalHits.com. Program.
EternalHits.com HAS NO OBLIGATION TO OFFER THE
SERVICE OR OTHER PROMOTIONS TO YOU.
E. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE EternalHits
SERVICE (THE SERVICE) IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW, EternalHits.COM
EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM
OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EternalHits.COM MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH
F. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW,
NEITHER EternalHits.COM NOR ANY OF ITS PARENTS,
MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATING TO THIS AGREEMENT, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL EternalHits.COMS TOTAL
CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS
AGREEMENT EXCEED US ONE HUNDRED DOLLARS ($100).
If you are dissatisfied with the Service or promotions
available through the Service, Your sole and exclusive
remedy is to cancel your membership in EternalHits.com
G. Contacting Us
If You have questions about this Membership Agreement,
please contact our support team.