This Membership Agreement ("Agreement") between you ("You" or "Member") and TrafficG.com, solely owned by PWDK.COM LTD, and its affiliated entities (collectively referred to herein as "TrafficG.com" or "We" or "TrafficG" or "TrafficG Network"), sets out the terms of your membership in TrafficG.com. Affiliated entities shall mean any company or other legal entity directly or indirectly owned by, controlled by or under common control with TrafficG.com.
By clicking on the "Sign Me Up!" button and participating in any program offered by TrafficG (the "Service"), you agree to be bound by all the terms of this Membership Agreement including the privacy statement.
A. Your Privacy is Safe at TrafficG.com.
About the Information We Collect:
This notice applies to all information collected or submitted within the TrafficG program.
On some pages, you can register for the TrafficG program. Here is what kind of personal information we collect on these pages:
On some pages, you can submit information about other people. For example, you may tell us you have been referred by someone else to the TrafficG program by entering the referrer's TrafficG ID.
Why We Collect the Information We Do.
When you use some of the features of TrafficG, we need to know your name, e-mail address, country and interests. Once we collect this information, it is only used within the TrafficG community and no individually identifiable information is distributed to third parties.
We use non-identifying and aggregate information to better design our web site and to share it with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our web site, or that Y number of people from country z filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
The TrafficG Program.
When someone joins TrafficG after being referred to the program by a current member, the new member's name and email address is posted in a members only database.
TrafficG does not provide individually identifiable information to third parties except as noted under “Limits of Confidentiality”. TrafficG uses proprietary technologies to preserve the anonymity of members while matching their interests with targeted information sent via email. TrafficG will under no circumstance reveal any member’s identity to marketers. It is solely at a TrafficG members discretion if he or she chooses to provide personally identifiable information to a marketer by making a purchase, requesting additional information, or communicating directly with the company or organization after visiting its web site.
Limits of Confidentiality.
Due to the existing legal regulatory and security environment, we may be forced to disclose individually identifiable information to third parties. We will use our best efforts to limit disclosure only under these circumstances where necessary by contract, legal process, or the technical operation of the service.
TrafficG members may choose at any time to review, modify or permanently remove all contact and interest information stored by TrafficG by emailing [email protected] Once removed from the network, a past member will no longer receive any communications from TrafficG. TrafficG will never sell, rent, or otherwise use the contact information of former members.
B. Updates to This Agreement.
This Agreement may be modified by TrafficG.com from time to time, with or without notice. Member accepts any modification by using the Service after the modifications have become effective. If the Member objects to any modification, the Member’s sole remedy is termination of the Member’s account by emailing [email protected]. TrafficG.com will post any modification and its effective date on TrafficG.com web site, http://www.trafficg.com/tos.php
C. Membership Requirements
1. To maintain a Membership with TrafficG.com, You must meet the following requirements and TrafficG.com reserves the right to terminate the Membership of anyone who fails to meet these requirements on an ongoing basis:
1. You may only sign up once and maintain one Membership. Only one individual per account. Only one account per e-mail address. Only one account per individual. Any duplicate accounts are subject to cancellation with forfeiture of all credits and referrals held in such accounts. No transfer of any credits or referrals between accounts or to any third party, credits and referrals cannot be transferred by Member upon death, as part of a domestic relations matter or otherwise by operation of law.
2. You must provide TrafficG.com with valid contact (email address) information and may not impersonate or misrepresent Your identity. TrafficG.com reserves its rights under the laws to terminate your account, and associated membership, containing untruthful information for which You are responsible; TrafficG.com may request from time to time that you update the information on your online registration. TrafficG.com may terminate your membership and close your account if you fail to update your information upon request from TrafficG.com.
3. Your User name/MemberID, password, and account are personal to You and are not transferable; You may not allow anyone else to use Your password or account; You may not use anyone else's password or account. You are responsible for keeping Your password secret; TrafficG.com is not liable for any loss or damages caused by any disclosure of your password or account; You may only create an account for yourself and may not establish an account on behalf of anyone else.
4. You may cancel Your Membership by emailing [email protected] feature on the TrafficG web site. If you decide to cancel Your membership and later wish to re-enroll, You will be assigned a new account, and You will not receive further credit for referrals made using Your previous account.
5. To the full extent allowed by applicable law, TrafficG.com at its sole discretion and for any or no reason may refuse to accept applications for membership and may terminate any Members without prior notice for good cause, particularly including, but not limited to: (a) any violation of any provision of this Membership Agreement; (b) aiding in or promoting circumvention of the Service; (c) acting against the business interests or reputation of TrafficG.com; (d) otherwise acting in a severely or substantially unlawful manner in relationship to TrafficG.com, the TrafficG.com Web site or the Service; (e) material breach of our spamming policy; or (f) any other reason at the discretion of TrafficG.com;
6. If your account is terminated by TrafficG.com, You may not re-enroll or join under a new account unless formally invited to do so by TrafficG.com.
7. TrafficG.com may terminate a Member’s account if no activity has occurred in such account for six (6) consecutive months. Any accrued credits or referrals in such account shall be forfeited.
8. English Language web sites only.
Only English language sites will be allowed on our network. Members who post non English language sites will have their pages removed and all credits assigned to the page will be forfeited.
9. Limits on Popups
Each site is allowed one popup per page. Sites found to have more than one popup will have their page removed and all credits assigned to the page will be forfeited. Repeat offenders or severe violations will have their accounts terminated and their URL's blocked from accessing our services.
We do not allow adult, pornographic, hate or any other content considered to be offensive. Sites found to be in violation will have their page removed and all credits assigned to the page will be forfeited. Repeat offenders or severe violations will have their accounts terminated and their URL's blocked from accessing our services.
11. TrafficG Credits
A "TrafficG Credit" (hereafter referred to as "credit") has no monetary cash value. The TrafficG Network may offer at its discretion, to buy credits from its members for cash (US currency). The price paid for credits will vary and will be listed on the TrafficG web site. Credits may be purchased, given away by TrafficG for free, or earned by the member for using the TrafficG web site.
12. Eligibility for Credits
Credits may be earned only in compliance with this agreement and other regulations posted on the TrafficG web site. In general, a credit may only be earned when linking from the TrafficG web site to another unique web site only once in 30 days and performing other actions as posted on the TrafficG.com web site No member will be compensated with credits unless the member uses TrafficG services for the intent to which the services were designed. Credits may be withheld from any member determined to be using the services incorrectly, maliciously, or against its intended purpose in any way. Sites must be loaded completely including all images. TrafficG will use means such as timing visits, placing limits on time and earnings and any other means devised to make this determination. TrafficG reserves the right to correct or adjust the credit balance of any member without notice.
13. Guaranteed Visitors
A Guaranteed visitor for purposes of this agreement shall be defined as each time any TrafficG computer redirects a user to another member's web site URL. It is the member's responsibility to make sure the provided URL is accessible. To be guaranteed a visitor the member must have one unused credit available and choose to trade that credit for a Guaranteed Visitor. The timeline on which the "Guaranteed Visitor" will be redeemed is not guaranteed as that is determined solely by the extent to which other members find the member's web site attractive. The TrafficG Network makes reasonable effort to provide consistent and quality service to its members, however, the TrafficG Network makes no guarantees expressed or implied of any kind regarding the dependability, accuracy, or timeliness of its services.
The member acknowledges that participation in any service that requires modification to the member's web site is optional. The member may not use any HTML or other languages to deliver a TrafficG image or TrafficG Internet address except that language (or code) is provided by TrafficG and is used unmodified.
The TrafficG Network maintains ownership and all right to the TrafficG name, logo, databases, web site, information and site graphics. The member may under no conditions use or modify any copyrighted material in ways not stated in these terms and conditions. Any material owned or created by TrafficG may be used only to promote the member's site or refer new members to the TrafficG web site.
16. Membership Dues
No member shall be required to pay any dues to maintain an active TrafficG registration. If the member chooses to participate in optional fee-based services, the membership fee must be paid in advance to maintain continuous service.
17. Referral Commissions
When a new member links to our network from a member's web site through the HTML or programming code which TrafficG provides the member, the referring member's ID number will be logged. Should that visitor become a new member, the referring member will be given ten (10) credits for providing the referral.
No member will receive referral credit unless the member's account is in compliance with all network terms, rules, and regulations.
The TrafficG Network guarantees member webmasters that they will receive guaranteed visitors or the member will be compensated for any "Guaranteed Visitor" which was guaranteed and not delivered. Any compensation to the member shall be in the form of "TrafficG credits."
19. Restrictions & Termination
A member may not artificially inflate traffic counts, credits, or guaranteed click counters using any device, program robot or other means. The TrafficG Network will immediately terminate, without obligation to redeem outstanding credit or cash balances, the membership of any member that does not comply with all terms of this agreement, provides inaccurate or dishonest information for fraudulent purposes, or is found linking to or promoting the TrafficG network in newsgroups, bulk e-mail, chat rooms, or guest books. No cash or credits or other account balances may be redeemed after an account is closed, regardless of the reason for closure.
20. Risk & Liability
The member agrees to participate in the TrafficG Network at his/her own risk and agrees NOT to hold TrafficG, its administrators, partners, employees, or sponsors liable for any damage or loss of information that may occur from the use of TrafficG services. The member agrees to defend, indemnify and hold the TrafficG Network harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from the member's violation of this Agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive any termination of this Agreement.
21. Member refunds.
We shall offer full refunds for all unused services and sales, where members have used a significant proportion of their order a proportional refund maybe offered instead.
22. Children's Issues
The Web Site is not directed to children under thirteen (13) years of age; Sixteen (16) years or younger in the European Union. Children under such age must not use the web site or services offered on it to submit any individually identifiable information about themselves.
D. Your relationship to TrafficG.com
Your relationship to TrafficG.com is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Service. You do not have any obligation to refer new members to the TrafficG.com. Program. TrafficG.com HAS NO OBLIGATION TO OFFER THE SERVICE OR OTHER PROMOTIONS TO YOU.
E. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE TRAFFICG SERVICE (“THE SERVICE”) IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, TRAFFICG.COM EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRAFFICG.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
F. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TRAFFICG.COM NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRAFFICG.COM’S TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED US ONE HUNDRED DOLLARS ($100). If you are dissatisfied with the TrafficG.com Service or promotions available through the Service, Your sole and exclusive remedy is to cancel your membership in TrafficG.com
G. Contacting Us
If You have questions about this Membership Agreement, please contact [email protected]