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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