Direct Source For TrafficDX Turnkey Traffic Exchange Systems

MySurfSite.com is a "Traffic Exchange System Hosting Service" which provides the account holder (hereinafter called Customer) a virtual private server environment on our internet web servers. MySurfSite.com provides the Customer with the necessary software and services to operate their own traffic exchange systems without the need for a domain name, web hosting services, and the implementation of software upgrades. Customer accounts on our internet web servers are subject to compliance with the terms and conditions set forth below.

This agreement represents the complete agreement and understanding between MySurfSite.com and the Customer and supersedes any other written or oral agreements. Upon notice published on its website, MySurfSite.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

Under the terms of this agreement, our placement of a Traffic Exchange System for the Customer on MySurfSite.com's servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not proceed with any attempts to operate a Traffic Exchange System on MySurfSite.com's servers, and should notify our support team so we can close any accounts that may have been created for you.

1. CUSTOMER CONDUCT

MySurfSite.com's services may only be used in accordance with the law. Any use of these services which violates any local, state, federal, or international laws which may apply to MySurfSite.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not:

A. Restrict or inhibit any other user from using our Services or the Internet;

B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;

C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)

MySurfSite.com reserves the right to remove any and all materials at any time which may infringe on copyright work or do not comply with the law. Such materials will be subject to immediate removal upon receiving a complaint from the appropriate authorities and or notice of copyright infringement.

2. INDEMNIFICATION

You must agree to indemnify, defend, and hold harmless MySurfSite.com from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, MySurfSite.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to your domain name selection and website content.

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply MySurfSite.com with a current and truthful name, postal address, and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

3. REFUSAL, SUSPENSION, OR DISCONTINUANCE OF SERVICE

MySurfSite.com reserves the right to refuse, suspend, or discontinue service to any Customer at MySurfSite.com's sole discretion. MySurfSite.com may suspend your access to all or part of the service without notice if you engage in any conduct or activities that MySurfSite.com, in its sole discretion, believes violates any of the terms and conditions in this agreement.

MySurfSite.com shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

You agree that MySurfSite.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. MySurfSite.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. NO WARRANTIES

MySurfSite.com makes no warranties or representations of any kind for services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MySurfSite.com or its agents or employees shall create a warranty. MySurfSite.com provides no warranty that the service will be uninterrupted or error free or that any information, software, or other material accessible on the service is free from viruses or other harmful components.

Under no circumstances shall MySurfSite.com be held liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your webspace, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise being provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with MySurfSite.com service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on MySurfSite.com's servers that such information becomes available to all Internet users and that MySurfSite.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of MySurfSite.com's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through MySurfSite.com or on the Internet generally.

5. ECPA NOTICE

MySurfSite.com reserves the right to monitor any and all communications through or with our facilities. You agree that MySurfSite.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you have been authorized for, and impairing the availability, reliability, or quality of service for other customers.

You agree not to use surf timers below 10 seconds and the "Guest Statistics" feature of our TrafficDX software must not be enabled since either will create an excessive server load resulting in interference for other customers as mentioned above.

You agree to adhere to system policies as published online by MySurfSite.com, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at MySurfSite.com. You agree to abide by any and all future MySurfSite.com policy decisions.

You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

7. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify MySurfSite.com immediately in writing by registered mail, with return receipt, to MySurfSite.com, 635 Columbine Ave, Cedar Park, TX 78613. You shall be held fully responsible for any misuse or compromise of your account for which MySurfSite.com is not properly notified.

You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your hosting account (e.g., FTP access, Email accounts, etc) will not be provided. You will be the sole owner of your system, but no access to any source code will be available. You are responsible for the actions of any party which utilizes your system.

You agree that if any security violations are believed to have occurred in association with your account, MySurfSite.com has the right to suspend access to the account pending an investigation and resolution. You also agree that MySurfSite.com has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

8. BACKUP OF DATA

Your use of the service is at your sole risk. MySurfSite.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MySurfSite.com servers. Database backups can be performed by the customer through the site adminstration area that is provided. In the unlikely event of a failure MySurfSite.com will restore your site back to the original condition in which it was delivered.

9. TRANSMITTAL OF MATERIALS

You agree not to transmit unsolicited, prohibited advertising, or other harassing or illegal materials through electronic mail, Usenet postings, or any other Internet media. The use of MySurfSite.com or any other service with reference to services obtained through MySurfSite.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning. You will be held fully responsible for any damages to you, MySurfSite.com, or any other party or parties resulting from any such conduct.

10. PAYMENT

You agree to supply appropriate payment for the services received from MySurfSite.com in advance of the time period during which such services are provided. You agree that all prepaid setup and hosting fees are non-refundable after your account setup has been completed. You agree that until and unless you notify MySurfSite.com of your desire to cancel any or all services received, that those services will be billed to you on a recurring basis. You agree that all services are provided on a monthly basis and any cancellations will become effective upon your payment due date. You agree that if you are paying by credit card, prepayments will be billed and charged to you automatically, and that MySurfSite.com may apply the amount due to the provided card at the scheduled time.

11. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with MySurfSite.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

12. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

13. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the applicable laws of the State of Texas and the United States of America. Customer agrees that all services provided by MySurfSite.com shall be deemed to have been requested and provided in the City of Cedar Park, Texas. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer. Such customer address will be considered as the shipping address provided to the payment processor currently in use for the provided services.

14. ACKNOWLEDGEMENT

By requesting and continuing to maintain or place additional information on MySurfSite.com's servers, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you fully understand them.

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