Effective as of 1 Jan 2014
2. Description of Services
We provide Users with access to certain Content to help create and manage ad campaigns (collectively, the “Services”) directly and through the website and associated domains of https://maxtraffic.com (the “Web Site”).
3. Information Provided by the User to MaxTraffic
The User is legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). MaxTraffic is not responsible for the User’s Content. You hereby grant MaxTraffic a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your Content regularly and frequently.
4. User Responsibilities
4.1. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
4.2. You will not transfer your account to anyone without first getting our express written permission.
4.3. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, et cetera.
4.4. You will not use the Services or Materials if you are located in a country where such use is prohibited by the applicable law.
4.5. You will not use the Services or Materials to impersonate another person.
5. Terms of the Agreement, Fees, Invoicing
5.1. You may agree to a one (1) month or twelve (12) month contract agreement with MaxTraffic on a recurring or manual-billing basis.
5.2. You may upgrade or downgrade your service agreement to any other contract agreement that MaxTraffic currently offers for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your MaxTraffic account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with MaxTraffic, and is in no way transferable to a cash refund.
5.3. Payment is due in advance at the start of each billing cycle and is non-refundable. Your billing cycle starts on the day after expiration of the Trial Period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except those abovementioned.
5.4. If you use recurring billing at the end of the contract term, your contract will automatically renew for an additional contract term unless explicitly cancelled by you. Cancellation must be initiated at least one (1) day prior to the end of the contract term.
6. Cancellation and Termination
6.1. MaxTraffic may terminate Services, without cause, at any time.
6.2. The User may terminate Services, without cause, by following the cancellation procedures set forth in Section 6.
6.3. MaxTraffic may terminate Services at any time, without penalty, without obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
6.4. Notice of termination of Services by MaxTraffic may be sent to the contact e-mail associated with your account. Upon termination, MaxTraffic will delete all data, files, or other information stored in your account. It is in the User’s responsibility to retrieve and back up all account contents before termination.
7.1. The materials on MaxTraffic’s web site are provided “as is”.and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MaxTraffic does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. We do not warrant that the Service will meet your specific requirements; we do not warrant that the Service will be uninterrupted, timely, secure, or error- and virus-free, and the results that may be obtained from the User of the Service will be accurate or reliable.
8. Limitations on Liability
8.1. In no event shall MaxTraffic or its suppliers be liable for any damages (including, without limitation, damages of loss of data or profit, or due to business interruption or computer failure) arising out of the use or inability to use the materials on MaxTraffic’s Web site, even if MaxTraffic or a MaxTraffic authorized representative have been notified orally or in writing of the possibility of such damages. In no event shall MaxTraffic’s entire liability to you in respect of any Service, whether direct or indirect, exceed the Fees paid by you towards such Service.
9. Revisions and Errata
9.1. The materials appearing on MaxTraffic’s web site could include technical, typographical, or photographic errors. MaxTraffic does not warrant that any of the materials on its web site are accurate, complete, or current. MaxTraffic may make changes to the materials contained on its web site at any time without notice. MaxTraffic does not, however, make any commitment to update the materials.
10. Responsibility for Content
10.1. The User is responsible for use of the Services, for any Content posted to the Services, and for any consequences thereof. The User is fully responsible for compliance with all relevant copyright, trademark, trade secret and/or design rights laws protecting images and information submitted, posted or displayed by the user.
10.2. Any questions, comments, suggestions, ideas, feedback, or other information provided by the User to Maxtraffic (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, at our sole discretion.
11. Restricted Content
11.1. Uploading any restricted Content as listed below may result in immediate termination of the Agreement. You must not upload, post, host or transmit the following items to or from the Web Site including but not limited to: unsolicited email, SMS messages, or “Spam” messages; worms, viruses, Trojan horses or code of a destructive nature; questionable or illegal material (including copyrighted and/or trademarked material used without the permission of the rights holder; content that is pornographic, sexually explicit, or violent; reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous, and/or breaches another’s privacy).
12.1. MaxTraffic has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MaxTraffic of the site. Use of any such linked web site is at the user’s own risk.
14. Governing Law
14.1. Any claim related to MaxTraffic’s web site shall be governed by the laws of the Republic of Latvia.
15. Contact us
15.1. If you have any questions about these Terms and Conditions of Use, please contact us at: firstname.lastname@example.org