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ALL ORDERS THAT ARE PLACED THROUGH HitsWare.com ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY PLACING AN ORDER IT IS UNDERSTOOD THAT YOU HAVE READ, COMPREHENDED AND AGREED WITH THESE TERMS.

These TERM and CONDITIONS are an agreement between you ("CUSTOMER, CLIENT") and HitsWare.com ("us"). They should be read and understood.

Client acknowledges that by placing an order with HitsWare.com that they have read, acknowledged and fully understood ALL paragraphs of these TERMS AND CONDITIONS.

All orders are placed into the advertising rotation within 24-72 hours following the date ordered. Depending on the demand this time may be longer. Since the amount of visitors we are able to send is dependent on the amount of traffic available from our partner sites, all orders are processed on a first-come first-serve basis.

All campaigns are considered active the moment the first visitor (Hits/Traffic) is delivered to the client site.

Client is financially responsible for every hit / traffic delivered to their website. Once your Campaign is active NO refund will be made.

All traffic/hits will be delivered to the website address submitted with the order. In the event that there is an error with the submitted URL, the Client will not hold HitsWare.com or it's Partner Sites responsible for the error. Any traffic delivered to a Client's site reflecting the above error, will not be credited or entitled to a refund.

POP -UPS/UNDERS & or EXIT CONSOLES Are strictly prohobited Unless pre-Authorized in writing by a HitsWare representitive prior to the campaign start. Any site that's run Violates this term will be deleted from the rotation (stopped) immediately and irrevocably and will not be credited or entitled to a refund.

In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold HitsWare.com or its Partner Sites responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded and is treated as delivered through our system.

In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED!

Click-Through, Hits, Pop-up and or under ad views will be counted as unique visits per a visitors BROWSER SESSION. That is if a visitor closes his/her browser and returns with a new browser session, they are counted again by our ad manager. The client understands and accepts a maximum of 10-15% duplicate views as some visits may have cookies disabled or other unexpected and or undetectable by HitsWare.com

The client understands that if the visitor viewing the the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. HitsWare.com cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.

Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.

Client may not sell, assign or transfer any of the rights or services accompanying the purchase. Client may not under any circumstances have any type of pop up advertising on the web site being promoted by HitsWare.com. Client may not change the content of the URL being advertised in any manner without prior written approval by HitsWare.com authorized staff. Any attempt either by accident or design undermining the intention of this T.O.S. or the general principals that it was written for will result in immediate account deletion with no refund or adjustments available.

Clients choosing to change their website content after being approved by HitsWare.com must first submit a request. Any Client not submitting a request may have their website traffic stopped indefinitely, and without a refund.

In the event that there is a discrepancy between the amount of traffic delivered by HitsWare.com, and the amount of traffic delivered to the Client, on their behalf, HitsWare.com and the client both agree to use the report prepared by our ("HitsWare.com") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by HitsWare.com to be true and accurate and agrees to hold HitsWare.com, it's parent company as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.

Client understands that technical support will not be available by phone. Support staff is available virtually 24 hours/day, all requests must be made in writing via email. Client also understands that technical support may not be available at the exact time in which the client initiates contact. It is our policy to respond to all e-mails within 24-48 hours.

Client will accept a reasonable amount of discrepancy (10-15%) in the reporting of traffic.

HitsWare.com shall be permitted to identify Client as a HitsWare.com Client and may use Client's name in connection with HitsWare.com marketing materials. Subject to the prior approval of each party, Power-Mark.com may elect to issue a joint press release announcing the Client's marketing partnership with HitsWare.com, which approval shall not be unreasonably withheld.

HitsWare.com will not promote Spam, Scams, Hate, Warez, Hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse for refund.