Membership Agreement
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IMPORTANT Terms, Conditions and Privacy Policy
of TrafficG.com PLEASE READ THE ENTIRE MEMBERSHIP AGREEMENT BELOW, INCLUDING
OUR PRIVACY POLICY.
This Membership Agreement ("Agreement") between you ("You" or "Member") and
TrafficG.com, solely owned by PWDK.COM LTD, and its affiliated entities (collectively referred to herein as
"TrafficG.com" or "We" or "TrafficG" or "TrafficG Network"), sets
out the terms of your membership in TrafficG.com. Affiliated entities shall
mean any company or other legal entity directly or indirectly owned by, controlled
by or under common control with TrafficG.com.
By clicking on the "Sign Me Up!" button and participating in any program
offered by TrafficG (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 TrafficG.com.
TrafficG is committed to protecting your privacy. We use the information we
collect about you only within the TrafficG Network to maintain your membership
profile. For more information, please view our Privacy
Policy page.
About the Information We Collect:
This notice applies to all information collected or submitted within the TrafficG
program.
On some pages, you can register for the TrafficG program. Here is what kind
of personal information we collect on these pages:
Email Address
First Name
Last Name
Country
Interests
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 TrafficG program by
entering the referrer's TrafficG ID.
Why We Collect the Information We Do.
When you use some of the features of TrafficG, we need to know your name, e-mail
address, country and interests. Once we collect this information, it is only
used within the TrafficG community and no individually identifiable information
is distributed to third parties.
We use non-identifying and aggregate information to better design our web site
and to share it with advertisers. For example, we may tell an advertiser that
X number of individuals visited a certain area on our web site, 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 TrafficG Program.
When someone joins TrafficG after being referred to the program by a current
member, the new member's name and email address is posted in a members only
database.
Security/Confidentiality.
TrafficG does not provide individually identifiable information to third parties
except as noted under “Limits of Confidentiality”. TrafficG uses proprietary
technologies to preserve the anonymity of members while matching their interests
with targeted information sent via email. TrafficG will under no circumstance
reveal any member’s identity to marketers. It is solely at a TrafficG 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.
Review/Modify/Terminate Membership.
TrafficG members may choose at any time to review, modify or permanently remove
all contact and interest information stored by TrafficG by emailing [email protected].
Once removed from the network, a past member will no longer receive any communications
from TrafficG. TrafficG will never sell, rent, or otherwise use the contact
information of former members.
B. Updates to This Agreement.
This Agreement may be modified by TrafficG.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 Member’s
sole remedy is termination of the Member’s account by emailing [email protected].
TrafficG.com will post any modification and its effective date on TrafficG.com
web site, http://www.trafficg.com/tos.php
C. Membership Requirements
1. To maintain a Membership with TrafficG.com, You must meet the following requirements
and TrafficG.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.
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 TrafficG.com with valid contact (email address) information
and may not impersonate or misrepresent Your identity. TrafficG.com reserves
its rights under the laws to terminate your account, and associated membership,
containing untruthful information for which You are responsible; TrafficG.com
may request from time to time that you update the information on your online
registration. TrafficG.com may terminate your membership and close your account
if you fail to update your information upon request from TrafficG.com.
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; TrafficG.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 emailing [email protected]
feature on the TrafficG web site. 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, TrafficG.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 TrafficG.com; (d) otherwise
acting in a severely or substantially unlawful manner in relationship to TrafficG.com,
the TrafficG.com Web site or the Service; (e) material breach of our spamming
policy; or (f) any other reason at the discretion of TrafficG.com;
6. If your account is terminated by TrafficG.com, You may not re-enroll or join
under a new account unless formally invited to do so by TrafficG.com.
7. TrafficG.com may terminate a Member’s 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. 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.
9. 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. Repeat offenders or severe violations will have their accounts terminated and their URL's blocked from accessing our services.
10. Content
We do not allow adult, pornographic, hate or any other content considered to be offensive. Sites found to be in violation will have their page removed and all credits assigned to the page will be forfeited. Repeat offenders or severe violations will have their accounts terminated and their URL's blocked from accessing our services.
11. TrafficG Credits
A "TrafficG Credit" (hereafter referred to as "credit") has no monetary cash
value. The TrafficG 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 TrafficG web site. Credits may be purchased, given away
by TrafficG for free, or earned by the member for using the TrafficG web site.
12. Eligibility for Credits
Credits may be earned only in compliance with this agreement and other regulations
posted on the TrafficG web site. In general, a credit may only be earned when
linking from the TrafficG web site to another unique web site only once in 30
days and performing other actions as posted on the TrafficG.com web site No
member will be compensated with credits unless the member uses TrafficG 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. TrafficG will use means such as timing visits, placing
limits on time and earnings and any other means devised to make this determination.
TrafficG reserves the right to correct or adjust the credit balance of any member
without notice.
13. Guaranteed Visitors
A Guaranteed visitor for purposes of this agreement shall be defined as each
time any TrafficG computer 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 TrafficG Network makes reasonable effort to provide consistent and quality
service to its members, however, the TrafficG Network makes no guarantees expressed
or implied of any kind regarding the dependability, accuracy, or timeliness
of its services.
14. HTML
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 TrafficG image or TrafficG Internet address except that
language (or code) is provided by TrafficG and is used unmodified.
15. Ownership
The TrafficG Network maintains ownership and all right to the TrafficG 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 TrafficG may be used
only to promote the member's site or refer new members to the TrafficG web site.
16. Membership Dues
No member shall be required to pay any dues to maintain an active TrafficG registration.
If the member chooses to participate in optional fee-based services, the membership
fee must be paid in advance to maintain continuous service.
17. Referral Commissions
When a new member links to our network from a member's web site through the
HTML or programming code which TrafficG 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 ten (10) credits for providing the referral.
No member will receive referral credit unless the member's account is in compliance
with all network terms, rules, and regulations.
18. Guarantee
The TrafficG 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 "TrafficG credits."
19. Restrictions & Termination
A member may not artificially inflate traffic counts, credits, or guaranteed
click counters using any device, program robot or other means. The TrafficG
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 inaccurate or dishonest information for
fraudulent purposes, or is found linking to or promoting the TrafficG network
in newsgroups, bulk e-mail, chat rooms, or guest books. No cash or credits or
other account balances may be redeemed after an account is closed, regardless
of the reason for closure.
20. Risk & Liability
The member agrees to participate in the TrafficG Network at his/her own risk
and agrees NOT to hold TrafficG, its administrators, partners, employees, or
sponsors liable for any damage or loss of information that may occur from the
use of TrafficG services. The member agrees to defend, indemnify and hold the
TrafficG 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.
21.
Member refunds.
We shall offer full refunds for all unused services and sales, where members have used a significant proportion of their order a proportional refund maybe offered instead.
22. Children's Issues
The Web Site is not directed to children under thirteen (13) years of age; Sixteen (16) years or younger in the European Union. Children under such age must not use the web site or services offered on it to submit any individually identifiable information about themselves.
D. Your relationship to TrafficG.com
Your relationship to TrafficG.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 TrafficG.com. Program.
TrafficG.com HAS NO OBLIGATION TO OFFER THE SERVICE OR OTHER PROMOTIONS TO YOU.
E. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE TRAFFICG 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, TRAFFICG.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.
TRAFFICG.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
F. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TRAFFICG.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 TRAFFICG.COM’S
TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED US ONE
HUNDRED DOLLARS ($100). If you are dissatisfied with the TrafficG.com Service
or promotions available through the Service, Your sole and exclusive remedy
is to cancel your membership in TrafficG.com
G. Contacting Us
If You have questions about this Membership Agreement, please contact [email protected]
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