Please read this agreement before becoming a
highly valued Ultimate Inc. Client
:
By using any of our services, you hereby certify that you have
read and agree to the following terms of service:
Please
read the entire agreement.
The agreement ends with the text "END OF AGREEMENT"
This
is a legal agreement between you (purchaser) and Ultimate Inc. .
This agreement concerns your purchase of a service in which
Ultimate Inc. agrees to send visitors to a URL specified by you
("the service" or "the package"). This traffic agreement applies
to either Mainstream Internet Traffic or Adult Internet Traffic.
Campaign starting
date. 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 Ultimate Inc. will send the number of
visitors to the URL you specify within 30 days of the campaign
starting date . This is the only guarantee for this service. In
no event shall Ultimate Inc. 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 Ultimate
Inc. has been advised of the possibility of such damages.
If we
are unable to deliver the number of visitors promised within 30
days of the campaign starting date, you may claim a refund. In
the unlikely event that Ultimate Inc. does not deliver the
number of visitors promised, we will provide a refund of your
entire purchase price on a pro-rated 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 page counters and 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.
POP
UP POLICY:
Ultimate Inc. will not deliver visitors to sites with popup
windows, unless otherwise noted. Any additional window
generated by your site shall be considered a popup window,
including popunder windows, exit popups, timed popups, and
javascript alert windows. If a popup window is installed on the
URL at any time, Ultimate Inc. may stop the campaign and you
will not be entitled to a refund of any nature.
Ultimate
Inc. will notify violator 1 time via email that traffic has
stopped for the No PopUp Violation. Ultimate Inc. will also give
the client 24 hours to correct violation of the URL traffic is
being sent to at the time of violation notice. If violation has
not been corrected in the allowed time frame, Ultimate Inc.
reserves the right to terminate contract with client with no
refunds of any type will be offered. Possibly forfeit all
remaining traffic remaining, this will be at the discretion of
Ultimate Inc. If violation is corrected in a timely manner (24
hours) and no violations are present, Ultimate Inc. will at
there discretion authorize the continued delivery of purchased
traffic until all traffic is completed in purchase agreement
between client and Ultimate Inc.. Please note if you are a
affiliate of a website, make sure the popups, popunders,
redirects can be cut off before purchasing from your webmaster.
By purchasing traffic from Ultimate Inc. client hereby agrees to
abide by these rules of no popups of any kind on traffic URL,
and further agrees to the NO REFUND policy for violations.
MAINSTREAM
TRAFFIC and POPUP :
Ultimate Inc. will not deliver visitors to sites containing
content that is not appropriate for viewing by a general
audience, this is applied to "mainstream" type traffic and PopUp
services.. 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 Ultimate Inc.. Ultimate Inc. will review your
site before beginning the campaign. If your site is changed
during the campaign such that it includes inappropriate content,
Ultimate Inc. may stop your campaign immediately. In this case,
you will not be entitled to a refund. PERIOD.
ADULT
and CASINO TRAFFIC:
Ultimate Inc. will deliver visitors to Adult and Casino
websites, this type traffic must be purchased as adult or casino
traffic. Anyone caught using a redirect script or other means to
divert traffic to another website, will forfeit the traffic not
delivered and there will be no refund of any kind. Any one
diverting traffic to 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 Ultimate Inc..
NO
POPUPS:
Traffic will not start if popup is on target page. If a client
adds a popup after traffic starts there will be no refunds of
traffic or monies.
NO
EXCEPTIONS!!!
CONTROL
FACTORS:
Ultimate Inc. 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 traffic amount you are ordering.
OTHER
LIMITATIONS:
This Agreement is the entire agreement between you and Ultimate
Inc. and supersedes any other understandings or agreements,
including, but not limited to, advertising with respect to the
package.
Ultimate Inc. will not be held liable for slow server bandwidth. Server bandwidth is the rate at which your website server can process files "hits". Reseller should make all customers aware of the possible hazards of slow server bandwidth to website. Slow bandwidth can hamper the servers ability to log all traffic files that are delivered.
Ultimate Inc. will in no way be held responsible for slow server bandwidth.
Ultimate Inc. will in no way be held responsible for determining the server bandwidth capabilities of customer sites.
Ultimate Inc. will work with client account to assure quality and amount of service purchased. Ultimate Inc. will supply all info possible to aid in a client, to clear up traffic delivery dispute.
Ultimate Inc. will not be responsible for incorrect URL's. This is the responsibilities of either the client or the reseller to verify the correct URL. Ultimate Inc. will in no way be held responsible for this type of mistake.
Ultimate Inc. has a NO REFUND for traffic
once the traffic delivery has begun.
There are NO EXCEPTIONS to this policy of Ultimate Inc.
Blatant disregard for popup rules apply, once traffic has begun,
there is a
NO REFUND POLICY! NO EXCEPTIONS!
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-rated” 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-rated” 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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