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.
