In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure"), the Client will not hold ADBAYUSA.COM or its Affiliates or Partner Sites responsible for these errors. All/Any traffic delivered to the Client's site during this down time will not be credited or refunded.

In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the campaign to be placed on hold. Upon resolution of the problem the held campaign will continue. ANY TRAFFIC PREVIOUSLY SENT WILL NOT BE CREDITED OR REFUNDED! 

We use a state of the art tracking system to track your ad campaign. Each order is given a unique campaign id which is used to track visitors to your site by day/time. When we provide an ad view, ADBAYUSA.COM points the visitors to this campaign id. 

The client understands that if the visitor viewing the ad closes it before it finishes loading (due to network bandwidth, high impact graphics, animation or lack of interest on the visitors part etc.), IT WILL COUNT AS AN AD VIEW ON OUR SYSTEM, WE HAVE SENT YOUR SITE TO THE VISITOR AND HAVE THEREFORE FULFILLED OUR OBLIGATION. It is important to note that this scenario may not appear in your website statistics. ADBAYUSA.COM cannot control the acts of the individuals viewing your site and will not be held responsible for these actions.

Client understands that HIT COUNTERS on your site DO NOT ACCURATELY REPRESENT THE NUMBER OF VISITORS SENT TO YOUR SITE. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that ADBAYUSA.COM does not guarantee sales or signups and will not issue a refund if none are achieved.

Client acknowledges that the order is for the stated term. These terms and conditions are subject to change at any time after the stated term has ended.

In the event that there is a discrepancy between the amount of traffic delivered by ADBAYUSA.COM and the amount of traffic delivered to the Client, on their behalf, ADBAYUSA.COM and the client both agree to use the report prepared by our ("ADBAYUSA.COM") campaign manager to be the official report. The client understands and acknowledges that the campaign report received by ADBAYUSA.COM to be true and accurate and agrees to hold ADBAYUSA.COM, it's parent company as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.

Clients shall at all times defend, indemnify and hold harmless AdBayUSA and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the content of Clients advertisements served by Company pursuant to this Agreement and/or any materials to which users can link through those advertisements.
Unlawful Activity.

We reserve the right to investigate complaints, reported violations, or any suspicious use in relation to Company property whether tangible or not including but not limited to software, servers, products, services, websites, or technologies. As a result, any action we deem appropriate may be taken, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

You are guaranteed that AdBayUSA will send the number of visitors to the URL specified within 30 days of the campaign starting date. This is the only guarantee for this service. In no event shall AdBayUSA 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 AdBayUSA has been advised of the possibility of such damages. This guarantee applies to "Guaranteed Visitors" which encompasses "Exit Popunders" and "Banner Ads" and EXCLUDES those campaigns which rely on a visitor clicking on the actual presented element to be counted (Charge-per-click [CPC] banner or text ads; Pay-per-Click (PPC) search engines; Guaranteed Signups; UnSold Inventory (prime choice popunders); and email campaigns are part of this excluded group)

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 AdBayUSA does not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis. Unsold inventory campaigns, such as Exit Popunders, do not have a delivery time guarantee and are not eligible for this refund.

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 yield inaccurate counts.

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 and is the ONLY determinant used.

AdBayUSA will not deliver visitors to sites with popup windows (unless pre-specified as such). Any additional window generated by your site shall be considered a popup window, including popunder windows, activex install prompts, and java script alert windows. If a popup window is installed on the URL at any time after the campaign has begun, AdBayUSA may stop the campaign and you will not be entitled to a refund. Background sounds, or music that spawn without user interaction are also not permitted.

AdBayUSA will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience (except specified as adult campaigns). 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 AdBayUSA. We will suspend campaigns and notify you of each campaign that violates our terms. Any campaigns that are suspended for 6 months will be permanently deleted and funds abandoned.

AdBayUSA will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, AdBayUSA may stop your campaign immediately. In this case, you will also not be entitled to a refund.

AdBayUSA 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.

AdBayUSA has the right to refuse service to anyone. This Agreement is the entire agreement between you and AdBayUSA 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.

You are guaranteed that AdBayUSA will send the number of visitors to the URL specified within 30 days of the campaign starting date. This is the only guarantee for this service. In no event shall AdBayUSA 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 AdBayUSA has been advised of the possibility of such damages. This guarantee applies to "Guaranteed Visitors" which encompasses "Exit Popunders" and "Banner Ads" and EXCLUDES those campaigns which rely on a visitor clicking on the actual presented element to be counted (Charge-per-click [CPC] banner or text ads; Pay-per-Click (PPC) search engines; Guaranteed Signups; UnSold Inventory (prime choice popunders); and email campaigns are part of this excluded group)

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 AdBayUSA does not deliver the number of visitors promised, we will provide a refund of your entire purchase price on a pro-rata basis. Unsold inventory campaigns, such as Exit Popunders, do not have a delivery time guarantee and are not eligible for this refund.

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 yield inaccurate counts.

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 and is the ONLY determinant used.

AdBayUSA will not deliver visitors to sites with popup windows (unless pre-specified as such). Any additional window generated by your site shall be considered a popup window, including popunder windows, activex install prompts, and java script alert windows. If a popup window is installed on the URL at any time after the campaign has begun, AdBayUSA may stop the campaign and you will not be entitled to a refund. Background sounds, or music that spawn without user interaction are also not permitted.

AdBayUSA will not deliver visitors to sites containing content that is not appropriate for viewing by a general audience (except specified as adult campaigns). 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 AdBayUSA. We will suspend campaigns and notify you of each campaign that violates our terms. Any campaigns that are suspended for 6 months will be permanently deleted and funds abandoned.

AdBayUSA will review your site before beginning the campaign. If your site is changed during the campaign such that it includes inappropriate content, AdBayUSA may stop your campaign immediately. In this case, you will also not be entitled to a refund.

AdBayUSA 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.

AdBayUSA has the right to refuse service to anyone. This Agreement is the entire agreement between you and AdBayUSA 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.

Universal Online Services/AdBayUSA.com accepts no legal responsibility for which Search Engines accept your Website(s) and you understand that this offer is based on a best efforts basis and no refunds will be issued for our efforts which are put forth in advance.

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.

Support staff is available virtually 24 hours/day, all requests must be made via the Support Center. Client also understands that technical support may not be available at the exact time in which the client initiates contact. It is our policy to respond to all e-mails within 24-48 hours.

Client agrees to these terms of service and understands that they are legally binding.

ADBAYUSA.COM will not promote spam, adult, scam, hate, warez, hacking or any other site/offer that could be considered offensive to the most discriminate viewer. Any attempt to bypass our intended guidelines will result in account cancellation and no recourse for refund.

If you have any further questions or concerns, please do not hesitate to contact us via the Support Center

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