Terms of Service for
BACTraffic.com
PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THIS WEBSITE (HEREBY KNOWN AS THE "SITE"), YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE
SITE. BACTraffic.com (HEREBY KNOWN AS "BACT"), MAY MODIFY THIS AGREEMENT
AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
General
Terms
BACT's general policy is to act as the provider of a traffic exchange
system. You may create an account by registering and surfing sites to
earn credits to advertise your own site(s) or by purchasing an advertising
package. BACT reserves the right to suspend or cancel a member's access
to any or all services provided by BACT if BACT determines that the account
has been inappropriately used.
Members are only allowed one account. Any member found with duplicate
accounts will have all accounts deleted and all credits and the member's
account balance will be forfeit. There will be no refund entitlements.
Inactive accounts may be deleted at the discretion of BACT. Members must register with their real names or the name of their business as mentioned on their payment processors. All numeric and alpha-numeric names, including robot generated names will be removed and the account will be deleted.
Once an advertising package is purchased and your account is setup, there
are no refunds.
We respect all our members and expect the same respect and courtesy in
return. All communication by members towards BACT is to be respectful
and courteous. Any abusive or insulting comments will result in the member's
account being terminated and all credits and the member's account balance
will be forfeit. There will be no refund entitlements.
Sites
Display Conditions
BACT forbids anyone from using our services to display sites that may
contain anything illegal. Sites being promoted via BACT must be sites
that promote legitimate products and services and are appropriate for
a general audience. Sites that are NOT allowed:
- HYIP,
MLM, paid surfing sites, online gaming sites, traffic exchanges
- adult
or pornographic sites
- rotators
- sites
with more than one popup or popunder
- sites
under construction or producing error messages
- sites
with code to break out of the surfing bar frame
- sites
with redirects
- sites
containing downloads
- paid
to promote sites
- blogs
and free web pages
- sites
with illegal content including warez, cracking, or hacking sites, or
sites that link to them
- sites
containing dialog boxes
- sites
containing viruses
- any
sites that interrupt our surfing programs in any way
- sites
that change the surfer's browser settings in any way
- sites
that are racist, abusive or inflammatory
- hate
sites
- sites
that are defamatory or discriminatory in any way
- or
are regarded by BACT as offensive.
Any URLs you display at BACT must only be entered once in your account.
BACT reserves the right to reject any site for any reason. If you try
to promote a site that is blatantly against this policy your account will
be terminated without warning and all credits and the member's account
balance will be forfeit. There will be no refund entitlements.
Agreement
To Receive Mailings
By joining BACT you agree to receive emails from the company including
periodic announcements or offers. You have the right to cancel these emails
by canceling your membership. Under no circumstances are these emails
to be regarded as SPAM or any SPAM complaints to be lodged by any member
against BACT.
Payment
Policy
You may withdraw from your account when the balance has reached a minimum of $50. Payments should be made to or received from Verified payment processor account only. BACT Member information must match their payment account information. Amount is manually verified at the end of the month and paid within 5 business days (7-9 calendar days). There will be a 15% charity fee deduction which will be made as a donation to our sponsored children through Fashion Force Foundation (FFF) our affiliated non profit organization. Please be sure your payment information is correct. Members are responsible for keeping their account information up to date at all times. BACT will not be held responsible for payments made to incorrect accounts or checks mailed to incorrect addresses.
Lawful
Purpose
Members that use our system for illegal activities will have their account
immediately canceled without a refund of any kind. Members hereby agree
to indemnify and hold harmless BACT for any claim resulting from the use
of illegal materials or activities.
Member
Account Details
Each member is responsible for all usage of their member account and confidentially
of their password. BACT will not be responsible for lost, stolen or otherwise
compromised passwords.
Providing false information when registering, such as a false name or
fraudulent contact information will result in the member account being
terminated and all credits, commissions and the member's account balance
will be forfeit. There will be no refund entitlements.
Members are responsible for keeping their account information up to date.
Each member must provide a valid contact email address at all times. If
your email address is invalid at any time we will suspend your account
until a valid email address has been entered. Failure to provide a valid
email address after an account has been suspended for 30 days may result
in the termination of the suspended account at BACT's discretion. If an
account is terminated, all credits, commissions and the member's account
balance will be forfeit. There will be no refund entitlements.
Your BACT account may not be transferred or sold to another party. If
you are registering as a business entity, you represent that you have
the authority to bind the business entity to all agreements with BACT.
BACT
as a Neutral Host
The display of merchant sites on the BACT rotator is not an endorsement
by BACT of any merchant. BACT operates the BACT rotator as a neutral host
and does not monitor, regulate or police the usage thereof by any of its
participants. BACT is not responsible or liable for the acts, omissions,
agreements or promises of or by any merchant using BACT to display products,
services, special offers or deals. Any member viewing these merchant sites
must exercise due diligence in deciding whether to purchase a product
or service or enter into any arrangement with the merchant. We are not
involved in the actual transaction between members and merchants. As a
result, we have no control over the quality, safety or legality of the
items advertised or the truth or accuracy of the information provided
by the merchant.
Advertising/Promotion
and Anti-Spam Policy
As a BACT member you are not permitted to purchase leads, guaranteed signups
or perform any "cold calling" as a means of promoting BACT. This means
no optin, double-optin, triple-optin leads (or prospect lists) from external
sources. Solicitation by email or phone is strictly forbidden. BACT has
a strict no SPAM policy. This is to protect BACT and it's members from
receiving any SPAM complaints. Any violation of this policy will result
in the immediate termination of the membership. All credits, commissions
and the member's account balance will be forfeit. There will be no refund
entitlements.
Privacy
BACT is strongly committed to a policy of respecting the personal privacy
of our members and safeguarding all personal information collected during
the normal operations of our business and as a consequence of the relationship
between BACT and our members. We only collect the minimum amount of personal
information necessary to conduct legitimate business activities. We do
not sell, rent, loan or give away any member personal information to any
third party.
Information will only be used and disclosed to third parties where BACT
is required by law to do so or as a normal part of business operations.
BACT may disclose information in special cases when BACT has reason to
believe this information is necessary to identify, contact or bring legal
action against someone who is believed to be violating BACT's Terms of
Service, or may be causing injury to or interference (either intentionally
or unintentionally) with any of BACT's or any of its affiliates' rights
or property, other BACT members or anyone else. BACT may disclose or access
account information when BACT believes in good faith that the law requires
it and for administrative and legal purposes that BACT deems necessary,
in its sole discretion, to maintain, service, and improve BACT's products
and services.
You should be aware that when you are on BACT's web site you could hyperlink
or be directed to other web sites that are beyond BACT's control and/or
outside BACT's service. These other web sites may send their own cookies
to users and members, collect data, or solicit personal information. The
security of all information associated with members is an important concern
to BACT. We exercise care in providing secure transmission of your information
from your computer to BACT's servers. Unfortunately, no data transmission
over the Internet can be guaranteed to be 100% secure. As a result, while
BACT strives to protect your information, BACT cannot ensure or warrant
the security of any information you transmit to us or from BACT's online
products or services, and you do so at your own risk. Once BACT receives
your transmission, BACT uses industry standard efforts to safeguard the
confidentiality of your information. However, "perfect security" does
not exist on the Internet.
Trademarks,
Copyrights and Restrictions
This Web Site is controlled and operated by BACT.
All content on this Web Site, including, but not limited to text, images,
illustrations, audio clips and video clips, is protected by copyrights,
trademarks, service marks and/or other intellectual property rights (which
are governed by U.S. and worldwide copyright laws and treaty provisions,
privacy and publicity laws and communication regulations and statutes)
and are owned and controlled by BACT or it's affiliates or by third
party content providers, merchants, sponsors and licensors (collectively
"Providers") that have licensed their content or the right to market their
products and/or services to BACT Content on this Web Site or any web
site owned, operated, licensed or controlled by the Providers is solely
for your personal, non-commercial use other than as permitted or licensed
by the terms and conditions as may be contained in this website. You may
print a copy of the content and/or information contained herein for your
personal, non-commercial use only, but you may not copy, reproduce, republish,
upload, post, transmit, distribute and/or exploit the content or information
in any way (including by e-mail or other electronic means) for commercial
use without the prior written consent of BACT or the Providers. Such
consents may be contained or available in this Web Site or may be e-mailed
to support@bactraffic.com. Without the prior written consent of
BACT or the Providers, your modification of the content, use of the
content or any other web site or networked computer environment, or use
of the content for any other purpose other than personal, non-commercial
use violates the rights of the owners of the Web Site and/or the Provider
copyrights, trademarks or service marks and other proprietary rights and
is prohibited. As a condition to your use of this Web Site you warrant
BACTraffic.com and the Providers that you will not use our Web Site for any purpose
that is unlawful or prohibited by these Terms, including without limitation
the posting or transmitting any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, profane material, SPAM or other
offensive materials or communications. Your use of the Web Site is subject
to further rules and regulations of BACT as they apply to the use of
the Web Site any of it's conduct and the conduct of it's users and members.
If you violate any of these Terms, your permission to use our Web Site
immediately terminates without the necessity of any notice. BACT retains
the right to deny access to anyone at it's discretion for any reason,
including for violation of these Terms. You may not use on your web site
any trademarks, service marks or copyrighted materials appearing on this
Web Site, including but not limited to any logos or characters, without
the consent of the owner of the mark or copyright and only in accordance
with that consent and the rules and regulations that apply to the use
of same. You may not frame or otherwise incorporate into another web site
any of the content or other materials on this Web Site without prior written
consent of BACT.
Disclaimer
of Warranties and Liability
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH,
UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND
ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, BACT. DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NEITHER BACT IT'S AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF
THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE CONTENTS THAT YOU ACCESS ON THIS WEB SITE
IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. BACT DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY
OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED
PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU
(AND NOT BACT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER BAC NOR IT'S AFFILIATED OR RELATED ENTITIES (INCLUDING IT'S PROVIDERS), NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE,
IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY,
CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED
UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY
OTHER LINKED SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BACT IS
NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. IN SUCH JURISDICTIONS, BACTrafic.com's LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless BACT and the Providers,
it's and their officers, directors, employees, affiliates, agents, licensors
and suppliers from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation by
you of these Terms and any other rules and regulations as contained in
this Web Site applicable to your use of this Web Site or any of it's contents.
Third
Party Rights
These Terms are for the benefit of BACT and it's Providers, it's and
their officers, directors, employees, affiliates, agents, licensors and
suppliers. For each of these individuals or entities shall have the right
to assert and enforce these Terms directly against you on it's or their
own behalf.
Jurisdictional
Issues
Unless otherwise specified, the content contained in this Web Site is
presented solely for your convenience and/or information. This Web Site
is controlled by BACT from it's offices within Hollywood, CA and operated
by it's host provider in Scottsdale, AZ. BACT makes no representation
that content in it's Web Site is appropriate or available for use in other
locations. Those who choose to access this Web Site from other locations
and use or engage in any of the functions or services contained herein
do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. You may not
use or export the materials in this Web site in violation of U.S. export
laws and regulations. These Terms shall be governed by, construed and
enforced in accordance with the laws of the state of California, as they
are applied to agreements entered into and to be performed entirely within
such state. Any action you, any third party or BACT brings to enforce
these Terms, or in connection with any matters related to this Web Site,
shall be brought only in either the state or Federal courts located in
California and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these
Terms and shall not affect the validity and enforceability of any remaining
provisions.
Entire
Agreement
The provisions and conditions of these Terms and each obligation referenced
herein with respect to the use of this Web Site, represent the entire
agreement between BACT, it's affiliated or related entities, and you
and supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these Terms
and any future published terms of use or understanding, the last published
Terms or terms of use or understanding shall prevail. Any further contracts,
terms, agreements, rules and regulations of a specific nature contained
on this Web Site with respect to purchases, and use of copyright and trademark
materials ("Specific Agreements") and which those Specific Agreements
shall supersede, but only to the extent they are inconsistent with the
above provisions.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BACT.
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