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Terms and Conditions

TOPHOSTDEALS.COM TERMS OF USE
Last Revised: Sept. 2007

This document comprised the Terms of Use Agreement, hereinafter referred to as the “Agreement,” and constitutes a legally binding Agreement between you, the visitor or advertising member of TopHostDeals.com, hereinafter referred to as “this Site” or “Us” and the owners and operators of TopHostDeals.com, Traffic Web Hosting, LLC. TopHostDeals.com is a division of Traffic Web Hosting, LLC.

As a condition precedent to you being able to use any of the tools and services provided to you by this Site, view any text, graphics, or other materials published on this Site, or communicate with us, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement.

Should you access any component of this Site, or use any tool or service that this Site offers, register as an advertiser, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.

AGE OF MAJORITY REQUIRED

You must be of at least 13 years of age to enter into this Agreement. DO NOT ENROLL IF YOU ARE A MINOR. If you are a minor your parent or guardian must enroll on your behalf in THEIR name.


TOPHOSTDEALS.COM INTELLECTUAL PROPERTY

All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The contents of this web site may not be “framed” or “mirrored.” All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

DISCLAIMER

All content, tools, and services provided via this Site are provided on an “as is” basis, and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title, non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this site have not independently verified the validity of any of the content presented herein this Site. If is your duty to independently engage in due diligence to verify any and all advertising claims presented within this Site.

REFUND POLICY AND TIME LIMITS FOR FUND USAGE

Once your have funded your advertising account, we will not issue refunds under any condition. Once you have impounded funds into your account, you have six months to spend your funds on an advertising campaign or said funds will be forfeited by you and shall not be returned.

CLICK FRAUD / CHEATERS

We offer NO GUARANTEES against potential “click fraud or cheaters,” that is, false or fraudulent activity to manipulate the vote count. While we engage standard anti-fraud practices, we are not responsible for providing any proof or documentation on WHERE, WHEN OR HOW the click fraud took place and cannot promise or guarantee that we will be able to stop any or all fraudulent activities. If you believe that you have been a victim of click fraud, you must provide us with documented evidence of this with such evidence having been generated by a third party click protection service that we recognize as being reputable and trustworthy. However, in the event that you do provide us with such documentary evidence, whatever resolution we offer, if any, is solely within our discretion. Therefore, you ASSUME THE RISK of all click fraud and agree to HOLD us HARMLESS from any civil claims of any nature regarding click fraud or similar activities that have harmed you. You also agree that by using our free services, you HOLD us HARMLESS from any civil claims of any nature regarding activities that have harmed you by being placed on the CHEATERS section(s) of our web site, banning your IP address and/or removing your posts.


LIMITED LICENSE FOR PERSONAL USE

You are allowed to make one copy of the contents of your site by downloading such material to your personal computer. You may not reproduce any content provided by this site. Your license to use a personal copy of this site is revocable by the operators of this site at any time upon notice to you at your last known email address or by posting of a general notice on this Site to all users. Your license terminated automatically upon your breach of any term or condition provided herein this Agreement. You may never use any of the content of this site for a commercial enterprise or resell any content provided to you within this Site.

ADVERTISING PROGRAMS

Should you place an advertisement on this Site, or become an advertising member of this Site, you hereby agree to hold the owners and operators of this site harmless and to defend them against any civil claims arising out of the publication by this Site of your advertisement. You grant us the permanent right to publish your advertisement for the agreed upon period of time or manner and allow us to distribute, copy, and broadcast your advertisement in any manner we wish in order to better serve your advertising needs.

All advertising must be accurate and not misleading in any way. You must fully comply with any and all advertising guidelines that we post on the Site or email to you or otherwise make available to you. All advertising is done at your own sole risk.


TERMINATION OF SERVICE

We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement, as more fully described below.

PROHIBITED CONTENT AND CONDUCT

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful, or offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
You may not:

• Engage in any conduct that is harmful to this Site.
• Violate the civil rights of any third party or entity.
• Violate any law of any nature.
• Publish via this Site any content that is hateful, illegal, harmful, indecent, obscene, misleading, threatening or is, in our sole determination, objectionable in nature. You may not transmit viruses, trojans, worms or other harmful scripts or programs.
• “Cyber-stalk” or harass any third party or entity. You may not defame any third person or entity.
• Issue “Spam,” that is, bulk unsolicited email or violate any laws regarding email.
• Impersonate any person or entity.
• Transmit, post, or upload any content that is harmful.
• Forge headers or otherwise manipulate identifying data, including IP addresses.
• Violate any intellectual property rights, rights of privacy or rights of publicity.
• Publish any “chain letters,” “junk mail,” or schemes of any nature that are not expressly allowed by this Site.
• Promote or encourage illegal activities.

AUTOMATIC VIEWING OR USAGE OF THIS SITE

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any act that uses more than .01% of the hardware and software infrastructure of this Site.

LINKS TO THIRD PARTY SITES

We may provide links to third party sites, however, we are not responsible for the content of such sites nor their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

LIMITATION OF LIABILITY

We are not responsible for any damages arising from your use of this site, or any tool or service that this Site provides to you, whether the cause of action be tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to a TOTAL OF FIFTY (50) DOLLARS.

NON-TRANSFERABLE

This Agreement is non-transferable by you. We may, however, transfer this Agreement at will to any third party or entity. All funds and credits that you have cannot be sold, exchanged, traded or transferred under any circumstances to any third party or entity.

JURISDICTION

This Agreement will be governed by and construed in accordance with the internal laws of the State of Nevada, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Las Vegas, Nevada before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

FOREIGN USAGE

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America. Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.

GENERAL INFORMATION

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

This Agreement serves as the final and only Agreement between you and this Site.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tool or service that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.

NOTICE

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. YOUR USAGE OF THIS SITE MEANS THAT YOU ACCEPT THE CURRENT VERSION OF THIS AGREEMENT

Privacy Policy

TOPHOSTDEALS.COM PRIVACY POLICY
Last Revised September, 2007

TopHostDeals.com, and the owners and operators of TopHostDeals.com, Traffic Web Hosting, LLC, are committed to protecting your privacy. This Privacy Policy details how we use your personal identifying information. This Privacy Policy may be modified at any time without notice to you. Please review this document each time you visit us or use any of our tools or services. TopHostDeals.com is a division of Traffic Web Hosting, LLC.

We will never reveal your personal information to any third party or entity accept under the following circumstances:

1. If a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action.
   
2. If our attorney requests such information relevant to a current or pending legal matter in which you are a potential or actual party or otherwise contributed in some way to the causation of the legal matter.

Please note that we employ the use of “Cookies.” Currently we employ “Cookies” when users create user accounts, but we may further employ “Cookies” to assist the functionality of other tools, services and functions in the future.

“Cookies” are small programs that enhance your use of the Internet, in general, and specifically we use “Cookies” to enhance your usage of our functions.

As you employ our functions, your user name, password and email address is recorded in a TopHostDeals.com database. A session “Cookie” is written to your browser for the purpose of maintaining an authenticated session with you, the user.

The information gathered is not shared with third parties. You may turn off your “Cookies” by adjusting the appropriate setting on your browser.

Please consult the HELP menu of your browser to learn how to turn your “Cookies” off. “Cookies” do not reveal personal information and if you turn off your “Cookies” you may find your enjoyment of the Internet, and our site, to be reduced or impaired.

“Cookies” and IP addresses help us track visitors to our site and to the sites owned and maintained by our various customers. Providing such data to our customers is an inherent part of an important service we provide our contractees.

Users who visit TopHostDeals.com may have their IP address, user agent, and Internet based referrer automatically recorded in our log file.

In order to seek out and repair functionality issues with our servers and related programming, we may use you email and IP addresses for evaluation and diagnostic purposes.

We may also use your email and IP address to automatically recognize you should you contact us or use our tools and services. Groups of email and IP addresses are also gathered so that we may have broad demographic information.

You may be required to complete online registration forms that provide us with contact information (such as your name and street address), your email address, and your phone numbers.

We may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. We may also provide you with promotional information about our tools and services, as well as tools and services offered by our partners. An opt-out procedure is provided with each mailing regarding general offers or information. You must accept emails from us that deal with specific issues regarding your account or membership. This is because we may need to contact you if there is a change in the service that we are providing you or if we need to respond to an inquiry that you have sent us regarding a customer service issue or other important concern.

Naturally, should you purchase a product or service from us, we will require sufficient information from you so that we can complete the transaction. Such information could include a credit card number and related account and billing data, invoice related information, and other data required for processing the order. We will also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. All information of this nature is maintained by us in a secure database and transmitted across the Internet from you to us using secured transmission encryption.


Please contact us if you should have any questions, comments or concerns about this privacy policy.

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