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Please read the entire agreement. The agreement ends with the text "END OF AGREEMENT"
This is a legal agreement between you and Webatise.com. This agreement
concerns your purchase of a service in which Webatise.com agrees to send visitors, banner displays, or banner clicks to a URL specified by you ("the service" "the plan" or "the package").
You are guaranteed that Webatise.com will send the number of Visitors to
the URL you specify in the details of
your order.
In no event shall Webatise.com 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 Webatise.com has
been advised of the possibility of such damages.
If we are unable to deliver the number of visitors promised, you may claim a refund. In the unlikely event that Webatise.com 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. 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.
Webatise.com will not deliver Visitors to sites with popup windows
(unless otherwise approved by Webatise.com). Please E-Mail us for
approval. Any additional window generated by your site (without prior
approval) shall be considered a popup window, including popunder windows, exit windows and
javascript alert windows. If a popup window is installed on the URL at any
time and has not been approved, Webatise.com may stop the campaign and
you will not be entitled to a refund.
Webatise.com will not deliver its services to sites containing material that is not appropriate for viewing by a general audience. Inappropriate mincludes, but is not limited to, adult content, hate text, illegal
content (in the US) and content that encourages illegal activities or
violence. Unless the content is not illegal, what constitutes inappropriate content shall be determined at the
sole discretion of Webatise.com.
Webatise.com can not provide
Banner Displays for casino sites but will send visitors to a casino site.
Webatise.com will not necessarily review your site before beginning the campaign. If
your site is not compliant or it has been changed during the campaign such that it includes inappropriate
content, Webatise.com may not start or may stop your campaign immediately. In this case,
you will not be provided a refund.
Webatise.com 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 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.
Orders placed are non-refundable from time
of purchase whether visitors have begun to your site or not unless otherwise
stated in this agreement.
This Agreement is the entire agreement between you and Webatise.com and
supersedes any other understandings or agreements, including, but not limited
to, advertising with respect to the package.
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". The term "Unique" means new or different within a 24 hour period. Where the term "Unique" is used on
this web site, It means that all visits to your site will be from different
IP addresses for every 24 hour period.
Several “hits” may originate from a single IP address or individual. This generally occurs when an individual returns to or reloads a webpage. (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.
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.
END OF AGREEMENT
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