You agree to hold harmless, traffichero.net (“traffichero.net.”), for any pumitive damages, monetary liabilies, excessive bandwidth, server/website workloads, or any other anomoly that might arise from the use of our targeted website traffic. traffichero.net will not be held liable for the downtime of your website or server, whether a result of our traffic or not, and shall not refund the order or refurbish traffic that is lost as a result of your downtime. It is the sole responsiblity of the client (“You”) to ensure that your website is up and running and can accomadate the technical resources required for any abundance of additional traffic that is sent to your website or server. Should you experience an outage or technical issue with your website or webserver, you can pause your targeted website traffic campaign through our control panel.
Per our agreement, we guarantee to send the number of targeted website visitors that you have purchased, directly to the targeted URL that you have specified for your order. Should we fail to deliver such traffic, as the result from a technical issue for which we are at fault or for any other unforseen circumstances, we agree to fulfill your order and continue to deliver targeted website traffic, up to the number of visitors included in your purchase order, immediately upon recommencement of our services.traffichero.net tracks the number of visitors that are sent to your website through a proprietary platform. For your convenience, you can view the number of visitors that have been sent to your website at any given time directly from our control panel. The number of visitors that are sent to your website may continue to increase even after you have paused your campaign since we can not take back or pause the delivery of your website or landing page where it has already been delivered but not yet viewed. For example, if your website has already been delivered as a pop-under for 100 of our network websites then you will not receive a visit to your website until after the visitor has left or closed out our website, thus revealing your website.
You agree not to use traffichero.net to transmit, distribute, store or destroy material, including without limitation traffichero.net content, in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of traffichero.net or others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful in any manner. traffichero.net prohibits users of traffichero.net from violating or attempting to violate the security of traffichero.net, including, without limitation, the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any traffichero.net website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. traffichero.net will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Upon signing up for any traffichero.net product or service, traffichero.net collects various information from you, without limitation, that is deemed as necessary to provide the products or services we offer. You agree that traffichero.net may disclose to third parties, on an anonymous basis, certain aggregate information contained in your account profile. traffichero.net will not sell, lease, or disclose, to any third party, your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. traffichero.net reserves the right to offer third party services and products to you based on the preferences that you have identified in your account profile. Such offers may be made by traffichero.net, traffichero.net‘s partners, affiliates, vendors, or any other third party business entity in which traffichero.net conducts business with.
ACCOUNT SECURITYtraffichero.net strives to provide the highest level of security to protect your pertinent data as well as that of our many other customers. In making this effort, we are also very dependent on our customers to maintain the confidentiality of their login credentials. Therefore, we ask that you take responsibility for your account login credentials and agree to be held liable for any activities that take place under your account. You also agree to immediately notify traffichero.net of any breach in security or unauthorized use of your account. You further agree that you could be held liable for losses incurred by traffichero.net or another party due to someone else using your account login credentials.
NO SPAM POLICY
You agree that for the duration of your use of traffichero.net‘s products or services you shall not use such products or services to transmit, deliver, or otherwise send SPAM or unsolicited bulk Emailing. traffichero.net reserves the right to terminate your account or any accounts under which any SPAM or unsolicited bulk Emailing activities have taken place. You agree to pay traffichero.net for any actual or liquidated damages that may have resulted from such activities. A fee of one U.S. dollar per Email will be charged for such activities when no cost of actual damages can be assessed. traffichero.net reserves the right to release any information required by local law enforcement agencies in cooperation with any judicial investigations evolving from such activities.
POLICY ON THIRD PARTY LEGAL PROCESStraffichero.net fully cooperates with law enforcement officials with any investigations, subpoenas, or other legal processes in regards to any traffichero.net related matter. traffichero.net will supply any requested materials, information, documents, or other records of interest to any third party requests providing that the request is proven to be related to a legal mater without a reasonable doubt. traffichero.net reserves the right to charge an administrative fee of one hundred U.S. dollars for any requests of this nature. Requests which involve extensive research or resources may constitute additional hourly fees.
LIMITATION OF LIABILITYtraffichero.net makes no claims, promises or guarantees about the accuracy, completeness, links, timeliness, or adequacy of the contents traffichero.net and expressly disclaims liability for errors and omissions in the contents of the traffichero.net website. traffichero.net will not under any circumstances be liable for any damages whatsoever, including any special, indirect, incidental, consequential or exemplary damages resulting from the use or loss of use of the service, due to any cause, even if traffichero.net has been advised of the possibility of such damages. In any event, traffichero.net‘s total liability to you for all damages (Whether based on contract, torte or other theories) will be limited to the amount you actually paid for the service during the month in question. Some states and jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. If you reside in such a state then the above limitation may not apply to you.
DISCLAIMER OF WARRANTYtraffichero.net does not warrant that the traffichero.net website will operate error-free or that any of the websites hosted on one or more of traffichero.net‘s servers will operate error-free or is free of computer viruses or other harmful mechanisms. traffichero.net will not be held liable for the need for servicing, equipment replacement, loss of any data, or any miscellaneous costs associated with such damages as a result of using OribtalWebDesign.com or any other websites which may be hosted on traffichero.net servers. All traffichero.net content, services, and products are provided on an “As is” basis without any warranties of any kind. traffichero.net, to the fullest extent permitted by law, disclaims warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement.
FEES AND PAYMENT
You agree to pay any fees or amounts due for any products or services provided to you by traffichero.net prior to the date due as defined in your account profile. Products or services which constitute reoccurring fees, whether on a daily, weekly, monthly, or annual basis, are often charged to pertinent banking account information that is supplied by you, either during account signup or through your account profile, and is charged via an automated process. Should this automated process fail to charge your account as a result of any errors with your pertinent banking account information then you agree to be held responsible for paying traffichero.net via another medium, either by phone, mail, Pay Pal, or other medium, no later than 15 days after the failed attempt to charge your account. You will be notified via Email and\or telephone if any such attempt fails. traffichero.net may initially charge a pro-rated fee for any products or services rendered under new accounts that are established, neither at the beginning nor at the ending of a billing period, but anywhere in between the billing period. traffichero.net reserves the right to engineer alternative terms of payment, with agreement from all payees involved, on a project to project basis, for any projects that require extensive development or resources resulting in fees or amounts due that are large enough to sustain a financial hardship, risk or are otherwise based on the progress of the project over a period of time. You agree that traffichero.net reserves the right to cancel and\or terminate any accounts with a delinquency greater than 15 days. traffichero.net will not be responsible for the loss of any data associated with the termination of such accounts.
LINKS TO OTHER SITES
Some of the web pages under the domain traffichero.net may have links to other websites. This disclaimer warrants that traffichero.net will not be held liable for any damages to your computer, hardware, software, or any other device used to access such links nor will traffichero.net be held liable for the content, or credibility of any content, of such links or domains thereof.