Website Traffic - Terms of Use

THE FOLLOWING DESCRIBES THE TERMS ON WHICH Linkstraffic OFFERS YOU ACCESS TO ITS SERVICES. Welcome to the TERMS OF USE (the "Agreement" or "User Agreement" or "Terms and conditions") for Linkstraffic.

This Agreement describes the terms and conditions applicable to your use of the services available under the domain and sub-domains of www.linkstraffic.net (the "Site") and the general principles for the websites of subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Traffic services.

If you have any questions, please refer to our Frequently Asked Questions.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Traffic trades system of Linkstraffic. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Linkstraffic user.

Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other Linkstraffic websites will be governed by the User Agreement and Privacy Policy posted on those websites.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Linkstraffic. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on January 1st, 2006 for all users. The previous amendment to this Agreement was effective for all users on January 1st, 2006.

ACCEPTANCE OF SERVICE AGREEMENT
DESCRIPTION OF SERVICE
SITE CRITERIA
LISTING OF SITES
ESCROW OBLIGATIONS
ABUSES
SERVICES AND CONDITIONS OF USE
LIMITATION OF LIABILITY AND WARRANTY
TRADEMARKS

ACCEPTANCE OF SERVICE AGREEMENT

- By applying for a Linkstraffic Traffic Featured Listing you agree to the Terms and Conditions set out in this document. You also agree to provide complete and accurate information including a valid Page Rank, Alexa rank... as requested in the traffic page subscription form.

- Linkstraffic reserves the right to alter, add to or remove parts of this agreement at any time.

DESCRIPTION OF SERVICE

- A Linkstraffic Traffic Featured Listing is a fee-based service provided by Linkstraffic to consider your site for inclusion into the Linkstraffic Traffic Featured Listing Section. Inclusion in the Featured Listing Section is subject to the inclusion rules stated in Section 3 (PAGE CRITERIA) of this agreement.

- The fee is automatically deducted at the end of each Featured trade.

- The fee for consideration of a Featured trade is NON-REFUNDABLE.

- The buyer (or purchaser, advertiser...) transfers funds toward Linkstraffic to fill his Linkstraffic account. These funds are aimed to commerce via Linkstraffic.

- The fee encompasses the transaction fees such as the Paypal commission.

- At the beginning of a traffic trade (once the publisher has accepted the trade from the buyer), the corresponding sum is escrowed onto Linkstraffic (Escrow Obligations - Section 5).

- At the end of a succeeded traffic trade, the money is transfered onto the publisher's account and the amount can be withdrawn at any time by the owner of this account. Linkstraffic warrants that it will proceed the withdraw request within 5 businesses days.

PAGE CRITERIA

- Linkstraffic will reject any submission for any website's pages that are determined by Linkstraffic to include content, services or products that are:

* Inflammatory, Offensive or Promoting Hate Literature,
* Illegal or in violation of another person's, or company's, rights or trademarks.

- Linkstraffic will reject any submission for any website's page whose URL, as submitted, is unreachable.

- Linkstraffic reserves the right to consider other criteria for accepting or rejecting a page.

LISTING OF PAGES

- Linkstraffic reserves the right to determine how, where and when the accepted Featured Listings are displayed in our Search Results.

- Linkstraffic also reserves the right to remove, or edit the Title and/or Description of any Featured Listing, for any reason, including but not limited to the above Page Criteria.

ESCROW OBLIGATIONS

Linkstraffic warrants that all escrowed funds will be used solely for the purpose of escrow transactions and not allocated to any other use, whatsoever, with no exceptions. Furthermore, all funds escrowed by the buyer will be held in a dedicated separate account, maintained solely and exclusively for Linkstraffic escrow accounts. This restriction will exist until funds are either awarded to the seller or are refunded back to the buyer.

To further protect the buyer in the unlikely event that Linkstraffic declares bankruptcy, Linkstraffic hereby grants the buyer the right to be refunded escrow funds, BEFORE any other outstanding creditors are paid. Any bankruptcy reorganization filed by Linkstraffic that does not follow this grant's priority, will not be allowed.

ABUSE

- At any time a buyer may report a broken link. In this case, Linkstraffic will check the link on the page and if Linkstraffic does not find the link, the traded sum will be refunded to the buyer.
- If the website of the publisher appears to be down for a short period of time and it is the reason of the broken link, the trade is maintained. However if the same website is down for more than 1 day, the trade will be considered as broken and the money will be refunded to the buyer.

SERVICES AND CONDITIONS OF USE

- By using the service, you agree that you will not attempt to undermine the integrity of this web site.

LIMITATION OF LIABILITY AND WARRANTY

- CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

- NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

TRADEMARKS

- All trademarks appearing on the service are trademarks of their respective owners.