THE FOLLOWING DESCRIBES THE TERMS OF SERVICE ("AGREEMENT") ON WHICH BACKLINKS.COM OFFERS YOU ACCESS TO OUR SERVICES. BACKLINKS.COM IS WHOLLY OWNED AND OPERATED BY NEXT NET MEDIA, LLC ("COMPANY"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR AN ACCOUNT.
Effective Date: July 1, 2006.
This Terms of Service Agreement sets forth the standards of use of the Next Net Media, LLC BackLinks.com service. By using the BackLinks.com website you ("Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of BackLinks.com. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.backlinks.com website. Your continued use of the service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
- Description of Service
Company provides an online service at http://www.backlinks.com which manages the process of buying and selling text links between Advertisers and Publishers. Company will execute all of the transactions between our publishers and Advertisers and verify that each text link advertisement conforms to our terms, protecting both the publisher and the Advertiser.
- Member Usage
Member will not use the Company service for any purpose that is illegal, infringing, obscene, abusive, or in any offensive manner, including but not limited to violating the security of any computer network. Member is legally responsible for any claims resulting from Member's access to and use of Company service and it indemnifies and will hold Company harmless from and against any and all claims arising there from.
Under no circumstance can Members divulge, record, or abuse any information pertaining to web sites found in our inventory, including but not limited to URLs, descriptions, and images.
Next Net Media reserves the right to cancel any links within our system that point to web sites not owned or controlled by the user. Links may be removed without a refund and the account may be suspended.
- Payments Made to Publishers
Payments paid to Publishers will be made for each text link sold on Publishers web page(s) and which are still active at the end of the month. Your link sales must be active for at least 15 days during the calendar month in which you sign up to qualify for a payment.The price paid for each text links will be based on the Google PageRank of the web page(s). Payments will be made on a monthly basis via PayPal. Payments will be made within the first 3 days of each month unless otherwise noted.
Publishers based in the United States who earn $600 or more in one calendar year are required to submit a W-9 form via fax or email, which will be used to provide information to the IRS for tax reporting purposes. No Publisher payments will be made until a W-9 form is submitted and accepted by Next Net Media, LLC. Publisher payments not claimed within 180 days will be forfeit by the Publisher.
Publishers based outside the United States who earn $600 or more in one calendar year are required to submit a W-8BEN form via fax or email. No Publisher payments will be made until a W-8BEN form is submitted and accepted by Next Net Media, LLC. Publisher payments not claimed within 180 days will be forfeit by the Publisher.
- Payments Made by Advertisers
Payments for text link credits are accepted via PayPal or Credit Card (2Checkout.com). All payments are made on a recurring subscription basis but may be canceled at any time.
Payments made for text link credits will be re-billed each month until you request a cancellation. All credits expire at the end of each monthly billing cycle (whether they are used or not) and cannot be rolled over into future months. For example, if you purchase 100 credits and use only 75 during the month, you are still re-billed for 100 credits.
- Member Account Security
Upon registering for an account, you will gain access to your online account control panel. You are responsible for maintaining confidentiality of the username and password and are responsible for all statements and acts that occur through the use of your account. You agree not to disclose your username and password to anyone. If your password has been stolen, breached or in any way compromised, you agree to contact us immediately. Company cannot and will not be liable for any loss. Company may at any time, and at its sole discretion, terminate your account without prior notice to you for violating the above provisions.
- Member Information
Member Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adult category and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Company or cause Company to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale or rent (cc) are concurrently listed for sale or rent on a web site other than Company; or (dd) you do not have a right to link, place to or include in the publishing website code framework. Furthermore, you may not list any item on our website (or consummate any transaction that was initiated using our service) that, could cause Company to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
We use the information you provide to help identify your account with us and to verify ownership of an account. In addition, we may use your email address to contact you about your account or send occasional newsletters. You may opt out of the newsletters at any time by using the link at the bottom email.
- Publisher Listings
All Publishers must follow these guidelines or risk having their account suspended or deleted. This may result in loss of commissions earned and being banned from using the Company system.
- Publisher web pages must have a Google PageRank of 1 or higher at the time of submission. If your web page does not have a PageRank of 1 or higher, you will not be able to sell text links through Company system.
- Any attempt to forge or manipulate the PageRank of the web pages within Publisher account will be cause for termination.
- When a Publisher publishes Company text links, the code must not include any linking technique unreadable by search engine spiders. This includes using noindex/noarchive meta tags, nofollow tags, redirections, robots.txt redirections and cloaking methods. Sold text links must be visible on the Publisher pages at all times. Hiding these links or making them invisible is considered system abuse.
- Publisher websites must be complete with working pages and links between pages.
- Web page listings cannot contain harmful, hateful or illegal material and will only become active after they are approved.
- Publisher accounts must have valid contact information so that Company may communicate with Publishers. Failure to provide accurate information can lead to delayed payments and possible termination of the account.
- Publisher websites cannot consist of a redirection to a different website or page. The URL submitted to the Company system must be the exact address of the Publisher website.
- Publisher website must not consist of excessive popup windows or advertisements on the homepage.
- Publisher websites must be submitted under the category that fits the theme of the website.
- Publishers must allow access to website from Company system to validate that text link code is working correctly.
- Publisher websites may not contain references to "Buying or Selling Text Links" or other terms which may be deemed by search engines to be in violation of their policies.
- Advertiser Listings
All Advertisers must follow these guidelines or risk having their account suspended or deleted:
- All target pages in an Advertiser account must direct users to a fully functional website. The website you are promoting must be complete and not contain illegal or hateful material.
- Advertisers must provide accurate account information such as Name and email. Failure to do so may lead to suspension of account or even termination.
- Advertisers must place their target pages under the proper category provided by Company.
- Advertisers hereby agree that they will not contact Company Publishers directly or otherwise go around Company in order to buy text links from Publishers found in the Company system.
- Advertisers agree to not use or publish information found in Company system on any other medium without the written consent of Company. Violations of this will be subject to copyright infringement and violators will be prosecuted to the fullest extent of the law.
- Disclaimer of Warranties.
This service is provided by Company on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of this Website. Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
Company SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Company SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service with or without notice to the Member. Company shall not be liable to Member or any third party should Company exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Company does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Disclaimer Regarding Accuracy of Publisher Information
Product specifications and other information have either been provided by the Publishers or collected from publicly available sources. While Company makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Company makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts of Nevada
Our website is registered in the State of Nevada. As such, we are subject to the laws of the State Nevada, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Nevada.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Proprietary and Confidential Information
All content included or available on http://www.backlinks.com, including site design, text, graphics, interfaces, software, and the selection and arrangements thereof is the property of Company and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company.
BackLinks.com is a proprietary mark of Company. Company's trademarks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.
- Other Terms