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Terms Of Service
Smart Ad Space cannot be
responsible in any way for the URL actually loading in the
visitors browser. As a consequence, it is possible that not
all visitors sent will create an actual count. In no event
shall Smart Ad Space 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 Smart Ad Space has been advised of the possibility of
such damages.
If we are unable to deliver
the number of visitors promised within 30 days, you may claim
a refund. In the unlikely event that Smart Ad Space does
not deliver the number of visitors promised, we will provide a
refund of your entire purchase price on a pro-rata basis. In
cases where refunds are claimed, we reserve the right to
require proof that the proper number of visitors were not
delivered. Statistics, data and other information from third
party counters 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.
Smart Ad Space will not
deliver visitors to sites with pop-up windows. Any additional
window generated by your site shall be considered a pop-up
window, including pop-under windows and javascript alert
windows. If a pop-up window is installed on the URL at any
time, Smart Ad Space may stop the campaign and you will not
be entitled to a refund. Sites may not break out of frames,
have any type of background music or sounds, multiple
forwarding or redirections, illegal material, hate content, or
use any type of script or programming code to change a
browsers normal surfing routine. A breach in any of these
terms is subject to cancellation of your campaign with no
refund.
Smart Ad Space will not
deliver general visitors 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 Smart Ad Space. Smart Ad Space will
review your site before beginning the campaign. If your site
is changed during the campaign such that it includes
inappropriate content, Smart Ad Space may stop your
campaign immediately. In this case, you will not be provided a
refund on a pro-rata basis. If your site contains
inappropriate content, you must order adult traffic.
Smart Ad Space 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, pop-up blockers and network outages
beyond our servers. Please contact your web hosting company or
network provider if you are unsure about whether your hosting
account is sufficient for the program you are ordering.
This Agreement is governed by
the laws of the Commonwealth of Delaware. This Agreement is
the entire agreement between you and Smart Ad Space and
supersedes any other understandings or agreements, including,
but not limited to, advertising with respect to the package.
Any action relating to this Agreement must be brought in the
federal or state courts located in Delaware, and you
irrevocably consent to the jurisdiction of such courts.
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 web page. (2) ?Pro-rata- 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-rata- refund. (3) Targeted campaigns are any
campaign that is language, category, or site specific.
Non-targeted are not language, category or site specific.
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.
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