This Agreement contains the
complete terms and conditions that apply to your use of the Bannerserver Online
Ad Management Solution (sometimes called "The System"). In this
Agreement, "Bannerserver" refers to the website located at
www.Bannerserver.com <http://www.BannerServer.com> and/or the system
offered by WebUnion.com, Inc., and "member" means you. By accepting
this agreement you are stating your eligibility to use the system, and you convey
your understanding and acceptance of the terms and conditions set forth in this
Agreement.
Bannerserver provides
software for Online Ad Management Solutions on web sites across the Internet.
Bannerserver’s relationship lies solely with Web Publishers and has no direct
relationship with the end advertisers. Any terms that are arranged for
advertising on a member website are strictly between the advertiser and the
publisher. Bannerserver is not involved in any aspect of that relationship and
accepts no liability whatsoever for any billing issues that may arise regarding
the serving of ads. Any concerns that advertisers have regarding the
Bannerserver system will be filtered thought the Web Publisher. The information
provided by Bannerserver to members may be proprietary in nature. Members
acknowledge that they are not competitors of Bannerserver and agree not to
share this information with any of Bannerservers’ competitors. Members agree to
inform Bannerserver immediately if they should encounter any bugs in the
system. Members agree to inform Bannerserver if they or their advertisers have
any suggestions that may enhance the system.
Bannerserver services may
not be used to post or transmit any unlawful, harmful, threatening, abusive,
harassing, defamatory, or otherwise objectionable material of any kind,
including, but not limited to, any material which encourages conduct that would
harm Bannerserver 's business interests, constitute a criminal offense, violate
rights of others, or otherwise violate any applicable local, state, provincial,
national, or international law. Bannerserver reserves the right to shut down
any account, which in its sole judgment violates these guidelines. In such
case, any claims against Bannerserver will be limited to any amounts paid by
the host to Bannerserver to maintain the account.
The impression and
click-thru counts generated by our ad servers will act as the final measure by
which all statistics and billings are calculated. Bannerserver usage will be
tabulated monthly. Members will be billed on the last day of each month.
Publishers are responsible for all impressions served through the Bannerserver
system during that period. Impressions will be billed at the rate that is posted
on the website at http://www.bannerserver.com. All trial accounts may purchase
Bannerserver’s preferred account for a monthly fee. All preferred accounts will
be billed in US dollar. Bannerserver reserves the right to change our CPM rates
at any time. Payment is due upon receipt of invoice. All checks are to be made
out to WebUnion.com, Inc. and mailed to Room 2810, 28/F, Island Place Tower, 510 King's Road,
North Point, Hong Kong.
Bannerserver will do
everything in their power to keep the system running at an optimum level. In
the event that ads are temporarily disrupted it is our promise that we are
doing everything possible to correct the situation. Under no circumstances,
including negligence shall Bannerserver be liable for any incidental, special,
or consequential damages that result from the use of or inability to use
Bannerserver’s services. Bannerserver shall not be responsible for any damages
whatsoever that result from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation or transmission, or any failure of
performance, whether or not caused by events beyond Bannerserver’s reasonable
control, including but not limited to acts of God, communications line failure,
theft, destruction, or unauthorized access to Bannerserver’s records, programs,
or Member Agreement services. In no event shall Bannerserver’s total liability
for any damages, losses, and causes of action exceed the purchase price of the
services.
Bannerserver may terminate a
member account or adjust member account to display any online ads at any ratio
at any time for any reason. Upon termination of this agreement by either party,
the member agrees to remove any Bannerserver code, logos and trademarks from
their Website(s) and other items. Publishers wishing to terminate an account
may do so at any time. Upon termination publishers must notify Bannerserver
that they will no longer be using the system. Publishers will be billed for the
number of impressions that have been accumulated up to and including the day of
termination.
TheBannerStore.com Inc. is
not responsible or liable for errors that occur as a result of code that has
been altered in any way shape or form. The code generated by the system as a
result of data properly input into the system by a web site publisher must be
inserted into a web-based document exactly as it was generated by the system.
Any code that is generated via the system is considered to be 100% accurate.
Bannerserver is neither accountable nor liable for damages due to lost business
to both the publisher and the publisher's advertising clients as a result of
the "Banner Tracking Code" being altered from its original code.
Members acknowledge and
agree that their Website information (name, URL, traffic counts, etc.) may be
utilized by Bannerserver.
Bannerserver retains
ownership and all rights to Bannerserver logos, trademarks, software, trade
secrets, databases, reports and Website. Any unauthorized reproduction is
strictly prohibited. Bannerserver reserves the right to modify, or change these
Terms and Conditions at any time.