TrafficGuyz Terms and Conditions User Agreement This Agreement will govern your purchase and use of any TrafficGuyz services. It is required that you agree and accept these terms and conditions in order to use the TrafficGuyz website. By purchasing any of our turnkey websites or services you are agreeing that you have read this agreement and agree to be bound by the terms and conditions contained in this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order online is equivalent to your signature. You agree that all the information you submit to TrafficGuyz website is true and correct to the best of your knowledge.   Acceptable Use Policy (AUP): Under this Agreement, the customer shall comply with TrafficGuyz current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by TrafficGuyz, which currently can be viewed under the terms and conditions of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that they have reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. TrafficGuyz does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for your customers content and activities on your website. Not withstanding anything to the contrary contained in this Agreement, TrafficGuyz may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event TrafficGuyz takes corrective action due to a violation of the AUP, TrafficGuyz shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that TrafficGuyz shall have no liability to the Customer or any of the Customer's customers due to any corrective action that TrafficGuyz may take (including, without limitation, Termination of Services).   Refunds: TrafficGuyz will issue you a pro rated refund within 30 days. Less domain cost and loss of your traffic reseller account. Please note if you purchase a traffic reseller website during discounted price promotion we do not offer any kind of a refund.   Customer Responsibility: Customers are required to use TrafficGuyz service(s) responsibly. This includes respecting the other customers of TrafficGuyz. TrafficGuyz reserves the right to suspend and/or cancel service(s) with any customer who uses TrafficGuyz Service(s) in such a way that adversely affects other TrafficGuyz customers. While TrafficGuyz may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, TrafficGuyz does not monitor its customers' communications or activities to determine whether they are in compliance with this agreement. However, when TrafficGuyz becomes aware of any violation of this agreement or the AUP, TrafficGuyz may take any action to stop or correct such violation, including, but not limited to, denying access to TrafficGuyz services and equipment or to the Internet. In addition, TrafficGuyz Marketing may take action against a customer or a customer of such customer because of the activities of such customer. TrafficGuyz anticipates that customers who offer Internet services will cooperate with TrafficGuyz in any corrective or preventive action that TrafficGuyz deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of TrafficGuyz policy and TrafficGuyz reserves the right to take any such action even though such action may affect other customers of the TrafficGuyz customer.   Disclaimer of Warranty: Customer agrees to use all Services and any information obtained through or from TrafficGuyz, at Customer's own risk. Customer acknowledges and agrees that TrafficGuyz exercises no control over, and accepts no responsibility for, the content of the information passing through TrafficGuyz host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF TrafficGuyz, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "TrafficGuyz PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT TrafficGuyz PROVIDES. NO TrafficGuyz PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. TrafficGuyz IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY TrafficGuyz. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY TrafficGuyz PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.   Indemnification: Customer agrees to indemnify, defend and hold harmless TrafficGuyz and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.   Disclaimer: You acknowledge and agree that TrafficGuyz accepts no responsibility or liability for, and employs no control over, the content of the information passing through TrafficGuyz host servers, network hubs, or the Internet. All services performed there under are performed "as is" and without warranty against failure of performance including, without limiting to, any failure due to computer hardware or communication systems. Except as expressly provided in this Agreement, TrafficGuyz does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or including, but without limiting to, implied warranties of merchant liability, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.   Federal, State & Local Laws: The entire agreement shall be governed by the laws of the United States and the state of California and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the State of California. You shall at all times accord with all applicable laws and regulations and shall protect and save TrafficGuyz harmless from your failure to stray from accordance. You agree that TrafficGuyz shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the service in any way that violates US export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Table of Denial Orders.   Warranties and Representation: You warrant and represent to TrafficGuyz that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the service only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your service; (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the service, including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.   Illegal Use: TrafficGuyz servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing TrafficGuyz services, all TrafficGuyz customers certify that they and/or the organization they represent in procuring services from TrafficGuyz are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.   Usage of allotted Resources: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). TrafficGuyz will monitor Customer's bandwidth and disk usage. TrafficGuyz shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in TrafficGuyz sole and absolute discretion. If TrafficGuyz takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.   Usage of Server Resources: Customer agrees that Customer shall not use excessive amounts of server resources (such as, but not limited to, CPU time & memory usage) on any of TrafficGuyz servers. Any violation of this policy may result in corrective action by TrafficGuyz including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in TrafficGuyz sole and absolute discretion. If TrafficGuyz takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.   E-mail Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to TrafficGuyz customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a TrafficGuyz server, and selling or distributing software (on a Web site residing on a TrafficGuyz server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. TrafficGuyz reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Should TrafficGuyz Marketing receive any fines or penalties due to a TrafficGuyz customer spamming, the customer agrees that they will be responsible for any and all fines and penalties incurred due to their actions by TrafficGuyz.   Last Modified: June 3, 2008