By using any of our
services, you hereby certify that you have read and agree to the following terms
Please read the entire
agreement. The agreement ends with the text "END OF AGREEMENT"
This is a legal
agreement between you and SpiralHits.com (SpiralHits). This agreement concerns
your purchase of a service in which SpiralHits agrees to send visitors to a URL
specified by you ("the service" or "the package").
date. The campaign starting date is specified on the order page. Due to
variances in amounts of traffic purchased at different times, the starting date
may fluctuate, and we are in no way to be held responsible if your campaign does
not start by a specific date.
You are guaranteed
that SpiralHits will send the number of visitors to the URL you specify within 90 days of the campaign starting date . If you pay be check (or online check)
the campaign starting date shall be the date specified in your order OR the date
on which your check clears, whichever occurs last. This is the only guarantee
for this service. In no event shall SpiralHits 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 SpiralHits
has been advised of the possibility of such damages.
If we are unable to
deliver the number of visitors promised within 90 days of the campaign starting
date, you may claim a refund. For orders of 100,000 visitors or over, this
period is extended to 120 days. In the unlikely event that SpiralHits 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. Stats, data and other information from third party counters (e.g.
Extreme-DM.com, hitbox) are not sufficient to establish a claim. These counting
systems tend to yield an improper count. 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. We are unable to guarantee
traffic that is redirected to a target url through a cgi or other script
provided by the customer as we are unable to verify the integrity of the script.
Once ordered, campaigns cannot be cancelled . A refund will not be given before
the end of the campaign, or if the campaign is paused by the customer.
SpiralHits does not guarantee any minimum level of click throughs, signups or
sales resulting from the campaign - this is dependant on the particular site
advertised and is out of our control
SpiralHits will not
deliver visitors to sites with popup windows, hidden scripts or viruses. Any additional window generated
by your site shall be considered a popup window, including popunder windows and
or is found after the campaign has started, SpiralHits may stop the campaign and you will not be entitled to a refund.
SpiralHits will not
deliver visitors to sites containing content that is not appropriate for viewing
by a general audience. Inappropriate content includes, but is not limited to,
adult content, hate text, illegal content (in the US) and content that
encourages illegal activities or violence. What constitutes inappropriate
content shall be determined at the sole discretion of SpiralHits. SpiralHits
will review your site before beginning the campaign. If your site is changed
during the campaign such that it includes inappropriate content, SpiralHits may
stop your campaign immediately. In this case, you will not be entitled to a
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.
This Agreement is the
entire agreement between you and SpiralHits 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.” Several “visits” 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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