Users are allowed to use the ClixTrac.com service for personal and/or business use.
All services provided by ClixTrac.com may be used for lawful purposes only. Transmission, storage, linking to, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark violations, virus programs, adware programs, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless ClixTrac.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related banners and hyperlinks are prohibited. This includes sexual content, or direct links to adult content elsewhere. This is also true for websites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Linking to such materials are also prohibited. ClixTrac.com will be the sole arbiter as to what constitutes a violation of this provision.
Examples of non-acceptable website content, banner images or links:
Pirated or cracked versions of software, games or movies
Hacker programs or archives
ClixTrac.com will be the sole arbiter as to what constitutes a violation of this provision.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through ClixTrac.com's service may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the ClixTrac.com service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access, receive or link to through our service. If you use a domain name in connection with our service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Unauthorized Use of Images and/or Websites:
Users may not use the ClixTrac.com Network with an attempt to circumvent authentication or security of any host, network, or account. This includes, but is not limited to, accessing images not intended for the user, posting ads and/or links on any server, website or account the user is not expressly authorized to place those items on, linking to a server or account the user is not expressly authorized to access, password cracking, probing the security of our network or any other networks in search of weakness, or violation of any other organization's security policy. Users may not attempt to interfere or deny service to any other user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network or the use of automated banner and link clicking devices. ClixTrac.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Account Access, Sharing and Sub-Leasing:
You should not give account access to anyone else. We cannot be responsible for another party's actions, including but not limited to, the changing of login information, the editing or deletion of trackers, resetting stats, etc.. Our professional upgrade offers a stat sharing feature that will allow you to share certain stats with other parties, without giving them full access to your account.
Sub-leasing account access is forbidden. Account usage is intended for the individual who registered for the account and no one else. You may not give others access to your account for free or for a fee, as that would be deemed theft of service.
You may not use programming or software to access your account, set up trackers, read your stats or perform other account functions.
You may not include our service as part of another product or service.
Misuse of Click Tracking URLs:
Our click tracking URLs are intended to be used for the tracking of real clicks that are performed by real people. Click tracking URLs are not to be used to count or track automated clicks, impressions, web page hits, CPV (Cost Per View) traffic or any other type of invalid, non-clicking action. Users that misuse our tracking URLs or abuse our service will be suspended.
Refusal of Service:
ClixTrac.com reserves the right at its sole discretion to refuse, suspend or cancel service at any time. Violation of any of ClixTrac.com's rules and regulations could result in a warning, suspension, or possible account termination. Users who are suspended or terminated will forfit any paid membership fees and/or affiliate earnings and will not be allowed to return to our service.
Spam Or Unsolicited E-Mail:
You must not use your links and/or banners connected to our service in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Any website hosting our links and/or banners may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the ClixTrac.com service. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. We have a strict opt-in only rule for any email sent by a user which contains a link or banner connected to that user's ClixTrac.com account.
ClixTrac.com reserves the right to disable any account that generates Spam complaints, without warning. In addition, ClixTrac.com may impose a $100 penalty for each Spam policy violation. ClixTrac.com solely reserves the right to refuse or cancel service to known Spammers. ClixTrac.com also reserves the right to determine what violates this policy.
As such, any violation may result in immediate deactivation of services, without warning.
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm to a ClixTrac.com server, user, employee, or the company directly is strictly prohibited and is grounds for immediate termination. In addition, we will pursue all attempts to the fullest extent of the law.
We reserve the right to suspend any account, at our sole discretion. Users that are suspended are not allowed to use our service, register for new accounts, or use already established accounts, whether they were registered by themselves or by a third-party. We reserve the right to suspend or terminate any offending accounts, as well as, any accounts that we deem to be associated with the offending account, without notice.
Suspended users are not entitled to refunds and will not be issued refunds or any other type of credit, no matter how much time remains in their current billing cycle. No refunds will be issued when suspended users ignore this policy and attempt to circumvent this policy by registering and/or upgrading other accounts. You agree to read and abide by this policy at the time of registration.
Suspended users are denied any and all access to their suspended account. We will not provide statistics or oblige suspended users in any way.
Furthermore, all trackers in a suspended account will become disabled, deleted or rerouted, in order to block the original website that was being promoted.
At our sole discretion, we may notify a suspended user, either via email or at their point of access, to allow them to address the cause of their suspension and to become compliant with our Terms of Service. The user's failure to do so will signify that they are not yet in compliance. It is the user's responsibility to contact us and to become compliant. Failure to do will result in the account remaining suspended.
If the suspended user has a subscription for an upgrade and doesn't address their suspension and become compliant, it is their responsibility to cancel their upgrade and avoid being billed for the next billing cycle. Upgrade subscriptions can be canceled by either contacting us to request cancellation. If PayPal was used, you can also cancel your subscription from within your PayPal account at any time.
Accounts are subject to periodic reviews, in order to ensure their usage meets our quailty standards and are not in violation of our Terms of Service. We reserve the right to suspend or terminate any offending accounts, as well as, any accounts that we deem to be associated with the offending account.
Upgrades, Downgrades and Cancellations:
Paying users can request to cancel their upgrade subscription and downgrade their account at any time. There are no contracts. However, it is the user's responsibility to request an account downgrade or account cancellation some time prior to their scheduled billing, in order to avoid being charged for the next billing cycle. Canceled upgrades and downgrade requests will result in the upgraded account being downgraded at the end of the current billing cycle. Users may also request to fully close their account, if that is preferred over downgrading to a free account.
Users may request to change from a monthly subscription to a discounted yearly subscription at any time. Changing from one subscription plan to another plan does not require a new account. We simply apply the new billing to your current account and cancel the old billing.
Upgrade, downgrade and cancellation requests can be made by emailing us or using the contact form on our website. You should include your username and a valid email address, as we will contact you and confirm your request within 24 hours.
Failed Payments and Grace Periods:
In the event of a failed payment, we offer a 5 day grace period before a second billing attempt is made. We will attempt to contact you and inform you about the failure, using the email address on your account, as well as, the email address on your billing information. In the event that the second billing attempt also fails 5 days later, your upgrade subscription will be canceled and your account will be downgraded to a free account. At that time, the limitations that are imposed on free accounts will be applied to your trackers. Those limitations will be removed when a new upgrade subscription is started and a successful payment has been made.
Refund requests are evaluated on an individual basis. We will not issue a refund simply because a user forgot or failed to request to downgrade or to cancel their upgrade subscription prior to their billing date. We will not prorate refunds for monthly or discounted yearly subscriptions. If you're unsure as to whether or not you'd continue to use our service for a full year, you should choose a monthly subscription, instead of the discounted yearly subscription.
Invoices and Receipts:
PayPal handles all of our payment processing and recurring subscriptions. PayPal will email you a receipt after each payment is made. Those receipts should be saved and/or printed for your business expenses and tax purposes. We do not provide any other type of invoicing.
User agrees that it shall defend, indemnify, save and hold ClixTrac.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ClixTrac.com, its agents, its users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the user, it's agents, employees or assigns. User agrees to defend, indemnify and hold harmless ClixTrac.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ClixTrac.com; (2) any material supplied by the user infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
User agrees that it shall not hold ClixTrac.com or its owners liable for any loss of banner statistics or website traffic that may arise in the event of a service interruption or in the event that ClixTrac.com discontinues our service.
ClixTrac.com will not be responsible for any damages your business may suffer. ClixTrac.com makes no warranties of any kind, expressed or implied for services we provide. ClixTrac.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays and any and all service interruptions caused by ClixTrac.com and its employees. ClixTrac.com reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
ClixTrac.com furthermore expects that its users will fully comply with all applicable laws concerning the privacy of online communications. A user's failure to comply with those laws will violate this policy. Finally, ClixTrac.com wishes to emphasize that in accepting services, users indemnify ClixTrac.com for the violation of any law or ClixTrac.com policy, that results in loss to ClixTrac.com or the bringing of any claim against ClixTrac.com. This means that if ClixTrac.com is sued because of activities of the user that violate any law, or this policy, the user will pay any damages awarded against ClixTrac.com, plus costs and reasonable attorneys' fees.
If any terms or conditions are failed to be followed, it may result in grounds for immediate account deactivation.
ClixTrac.com reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.
If you have questions about these Terms of Service, please contact us.