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Monday, September 23, 2013

Terms of Service Sample of a Paid to Click Site

Please note: This is not the Terms of Service of this site. This is a sample/ a prototype of a typical Paid to Click site. The purpose of this to explain contents of a ToS agreement of a PTC site only.

This Terms of Service sample of a Paid to Click site is created to outline the important facts of a PTC ToS. It's been created as a very strict ToS agreement which is very hard to escape. You may find similar ToS agreements in many PTC sites. They might be not contained every rules we have listed here or they might have extra/different rules. However I suggest you to read it carefully. So you can take precautions before register or while using a PTC site.

I have explain these rules in here: Paid To Click Site Terms of Service Review- A Must Read

Read it too!


I have highlighted this sample ToS in 4 colors.

These are common and typical rules of most PTC sites.
These are not common. You can't see them very often.
Now these are the tricky ones. May be they are common may be not. However you need to read them carefully. Read your site's ToS and seek for these ones or ones similar to them. Because violating them may lead to account termination/ suspension and/or money loose.
You need to read and follow them before you register and enter your personal details. Or before you do a investment.

But remember: You won't see any highlishing in a original ToS. You need to find them yourself.

Terms of Service

Last Updated May 18, 2013
1USER ACCOUNT
1.1It is forbidden to transfer or sell accounts.
1.2As your password must be kept secret from others, we store it in an irreversible format. Keep it safe is your responsibility, we shall not be made liable for any improper access to your account because of incorrect password management.
1.3After 30 days of inactivity your account Earnings can be cleared. If an account is inactive for 60 days then its Earning, Referrals and Advertising credits can be cleared.
1.4Payments made to our site are non-refundable.
1.5Your email addresses will not be shown or sold under any circumstances.
1.6You are not allowed to create more than 1 account per person, household or I.P. address. Any attempt to create more than one account will lead to the termination of all of them.
1.7Payment processor account (Payza, PayPal, Neteller) has to be unique and not shared with another user.
1.8Only one account per computer is allowed to view advertisements.
1.9Each advertisement can be viewed by the same IP only once per 24 hours. You can only view advertisements using one IP address within a 24 hours period. On the other hand, you can use multiple IP addresses to login. Any attempt to do otherwise may lead to the termination of your account.
1.10Logging in or registering an account using proxies, VPN, public internet connections, shared IP addresses, shared computers or shared network environments (such as, but not limited to schools, LAN houses, cybercafes, etc.) is not allowed.
1.11You can only use a maximum of X number of distinct computers in a X days period to view advertisements. Any attempt to use more than that in that defined period will cause an account suspension.
1.12You must not automatically redirect any page to us or include our site inside any other site visible or not.
1.13Any attempt to manually or automatically reload/view pages intensively will lead to the permanent suspension of your account.
1.14If your account is suspended you cannot create new account. Doing so will get your new account suspended as well.
1.15If you are offering or found to be promoting or using any unauthorized third party software or services used to auto-click, ad-alert, or circumvent or defraud our site your account will be terminated without notice.
1.16Having a username that we deem inappropriate may lead to the suspension of your account.
1.17If you are using other sites similar to this site and do the same offer there then this is considered fraud and will result in account termination.
1.18We will not modify user account information based on user request. Up-line and username change requests will be declined.
1.19Users using false information when registering or changing their personal settings will have their account suspended.
1.20You must be 18 years of age or older to register.
1.21We reserve the right to ask members for an address confirmation document to help reduce the risk of fraudulent activity on our site. Payment will be held until the member is fully verified or indefinitely if no address confirmation document is provided. All members are required to provide us with valid name and address information. Any member who provides fake name or address information will be banned indefinitely from our website.
1.22The persons in any of the following categories are NOT eligible to participate in our program in the capacity of ad viewer: (a) persons who are employees or agents of our company, or its respective parents, subsidiaries, affiliated companies, or service agencies, or independent contractors of any of the above organizations; and (b) persons who are immediate family (defined as mother, father, sister, brother, daughter, son or spouse) of any person in any of the preceding categories, regardless of where they live. Nothing herein shall be construed to prohibit a person’s right to maintain a our company account for advertising purposes nor does this policy restrict the promotion of a person’s affiliate link.
2REFERRALS
2.1You may refer as many people as you want.
2.2Every one of your referrals, as users, must have a unique email address.
2.3You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication.
2.4Rented referrals have a return policy. If, within 14 days one of your rented referrals does not click any advertisement, you will automatically get your referral exchanged with no additional charge and for unlimited times. This exchange policy is only for rented referrals. Rented referrals are distributed based on an activity rule but we cannot predict or assure how they will behave afterwards. Letting a referral expire will have a small fee ranging from $X.XX to $X.XX depending on your current membership.
2.5A referral will never be able to modify the member who referred him/her.
2.6You can only rent or recycle referrals when they are available.
2.7The clicks you earn from referrals are directly related to the clicks you make. If you click at least X ads ( depends on your account type ), you'll receive all clicks made from your referrals. The referral clicks will be calculated based on the clicks you made on the previous day. These calculations are based on the server time which can be seen in the "View Ads" page.
2.8Users can only have direct referrals after being a member for at least 15 days and having at least 100 clicks. Any attempts to get them before that will fail.
2.9You may refer as many people as you want but a maximum amount of Direct Referrals is applied within the limits of your current membership and membership time. See the upgrade page or direct referrals listing page to check the limitations.
2.10You can only rent referrals within the limits of your current membership. Having more referrals than the allowed amount will result in the deactivation of the earnings from all referrals.
3FORUMS, GENERAL USER BEHAVIOR
3.1You have access to reading the Forum, except for private areas.
3.2When registered and logged in, you can post new topics and answer previously created threads in the Forum and you will be able to access the Chat (if available).
3.3You must respect other users in all of these areas under the penalty of being banned from them if you don't.
3.4You have the right to express yourself without offending other users.
3.5Any accusation without proof, intimidation, threat or disrespect against our site and / or our staff / assistants, here or elsewhere will be seen as disrespectful and may lead to the removal of the privilege of using the Forum and Chat as well as the permanent suspension of your account, temporary suspension of membership or any other benefits.
3.6Posting topics or messages that may directly or indirectly be prejudicial to our site, its users, sponsors or service providers will be considered an offence and are strictly prohibited.
3.7You need to view at least X number of advertisements before you can use the Forum and the Chat.
3.8All kinds of publicity, attempts to get referrals, money offers/exchange/requests and the offer or request of services are prohibited in Forum posts/topics and in the Chat. Spamming the Forum and Chat with nonsense posts/messages, duplicated topics, illegal content, sharing email addresses, social website links and instant messenger IDs is also prohibited.
4ANTI-CHEAT POLICY
4.1All attempts to hack or cheat our system are being monitored and logged and may lead to an immediate suspension.
4.2We may or may not inform you that your account was terminated. In the first case, we will send you an email. In either case, you will be notified as soon as you try to use any of the services at our site.
4.3You can't use anything that automates tasks or clicks advertisements for you, including, but not limited to any software, plug-in, script or autoclicker.
4.4Sometimes we will warn you, sometimes we will not. In either way, when you request payout, our monitoring system will analyse your actions and take its own actions in return. Normally, attempts to hack the system will result in account termination.
4.5The end result to any attempts of piracy is account suspension.
4.6All suspended accounts will have all their balances reset, all referrals taken away and no refunds will be given.
4.7We have the right to suspend or terminate your account at any time, without warning or notice.
5ADVERTISEMENTS
5.1We reserve the right to deny any advertisement that we do not see fit to be displayed.
5.2You, as a user, can only earn from each advertisement once each 24 hours.
5.3We accept any kind of advertisement except for pages that break out of frames, have malicious code or redirect to another page.
5.4The website you advertise must not contain adult content, illegal content, casino/gambling content, multi-level marketing, HYIP (High Yield Investment Programs), illegal products, illegal services, illegal downloads, pharmacy, drug, weapons, alcohol, which includes: beer, wine, liquor or homemade breweries, tobacco sales, hate speech, any kind of multi-level offers, or referral sales.
5.5Any advertisement that uses our company name for any unrelated services is not allowed.
5.6Your advertised webpage must load within X seconds as the progress bar counting the exposure period will begin by then. Your advertised website must be capable of supporting multiple visits per second.
5.7The website must not exceed the X popup/pop under limit. The website's single popup/pop under must not open any new windows. The website's single popup/pop under must not break any of the above terms.
5.8Advertisements must not be viewed on mobile phones/tablets/ hand-held devices. Advertisements must only be clicked on using a mouse and not using any other methods. Doing so may lead to the permanent suspension of your account.
5.9The website must not contain any prompts such as download dialogues or confirmation alerts.
6PAYMENTS TO USERS
6.1All payments will be made via accepted payment processors. No other method of payment is available at this time.
6.2All payments will be made instantly upon request or within 48 hours after being requested if the payment processor services are down.
6.3Payments can be held for up to X days if fraud is suspected.
6.4The minimum amount paid is $X.XX on the first cashout. This amount will increase by $X.XX for each cashout until it reaches a fixed minimum amount of $X.XX.
6.5You can only request one payment at a time.
6.6After requesting a payment, the user must wait X days before requesting another.
6.7In order to cash-out for the first time you need to have made X number of advertisement clicks.
6.8Members from X countries must upgrade to receive payments via Y payment processor.
6.9You must have a correct and existing payment processor email or ID.
6.10All payments will go directly to that user's email address and cannot be cancelled.
6.11We do not transfer nor receive money from X country's Y payment processor accounts.
6.12To have your payment sent by PayPal, be sure to have a PayPal account in a country whose accounts can receive money by PayPal and log in from one of those countries.
6.13We are responsible only for submitting your payment to the payment processor. Any action after that is to be handled by the payment processor's support.
6.14Users must accept the payments made to their Payza, PayPal or Neteller accounts in X calendar days or will have the payment cancelled and it will not be refunded.
6.15Your payment processor account must be fully functional and have no limitations for investment and/or withdrawals. Investments from limited or frozen payment processor accounts will be automatically denied. Withdrawals to limited or frozen accounts will be denied and will not be refunded to your account's main balance in our site.
6.16Any refund of any payment we send you will be ignored and it won't be added back to your account nor sent again.
6.17All checks issued by us are valid for a period of X days from the date of issuance. It is the responsibility of the recipient to cash or deposit checks in a timely manner consistent with the X-day time frame. Any check not cashed within the validity time frame is subject to cancellation and/or forfeiture. If you fail to contact us within the X-day time frame to make other arrangements (such as to cancel, reissue, etc...) and your check expires, we will not issue a refund or credit the expired check back to your account balance. Checks must be made out to your name or company name. Checks cannot be made out to Cash or no name or business entered.
6.18You can only request an unlimited amount to be paid to the payment processor you've used to make the most of your purchases in monetary amount. The maximum amount you can request to the other payment processors is equal to the value of the purchases you've made through them individually. In the event of equal most value of purchases between two or more payment processors you can make an unlimited payment request for each one that is part of the par.
6.19From the amount paid, a fee can be deducted depending on the payment processor you use.
7PAYMENTS TO SERVICE
7.1All payments are to be made using the links available in the "My Account" section. No other method of payment will be accepted.
7.2All payments are non-refundable.
7.3Payments made to us using X payment processors are only accepted from verified accounts. Payments made using unverified X payment processors accounts won't be accepted.
7.4Direct manual transfers to our PayPal, Payza or Neteller accounts will not be refunded.
7.5Any kind of dispute, refund request, attempt to charge-back made on your payments will lead to an immediate account suspension.
8PAID TO SIGN UP/PROMOTE
8.1No Fake traffic generators, Hit Bots, or Automated visitors of any kind is allowed.
8.2Members submitting fake or false info on Paid to Sign Up offers will result in the offer being denied and possible account suspension.
8.3Advertisers found falsely denying valid member sign-ups will result in forfeiture of advertising credits and possible account suspension.
8.4Members that receive a large number of denied signups will have their accounts flagged and not be able to participate in Paid to Sign Up
8.5When opening or responding to disputes, you must be respectful and friendly towards the other party.
8.6Current PTP rate for free members is $X.XX CPM ($X.XX per 1,000 hits).
8.7You will get paid for valid hits only, valid hits are visits from people who are not members and haven't been to the site for the past 7 days.
8.8Raw hits are all the hits your referral link gets including valid hits and non valid hits.
8.9If your PTP (Paid to Promote) link loads in a frame it must not be smaller than 50% of the viewers total browser space . Any traffic deemed by us to be abuse of the PTP service may result in account termination and loss of all earnings.
9LIABILITY
9.1We will not be liable for any kind of delays or failures that are not directly related to our website and therefore beyond our control.
9.2We will not be held responsible for any of its users, advertisers or advertisements. This also includes every supplier we depend on.
9.3We are not responsible for any tax payment for you on what you receive from us. It's your responsibility to declare what you've received and pay your country's taxes.
9.4You are not an employee of our company and you are not an independent contractor for us. We simply create a middle-man connection from the advertiser to the consumer. You or our company has the right to terminate this relationship at any time.
9.5We reserve the right to modify, edit, delete or rename your account at any time with or without notice.
9.6You agree to indemnify our company against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss.
9.7We reserve the right to alter the Terms of Service at any time, including fees, special offers, benefits and rules, amongst others, and also reserves the right to cancel its services any time and without any notice.
10ACCOUNT TERMINATION
10.1We reserve the right to refuse membership without giving a specific reason. Further, we reserve the right to terminate your account and close your account without notice at any time.
11ACCOUNT SUSPENSION
11.1All suspended accounts will be archived and you cannot register using the same username or email addresses.
11.2We won't delete user's accounts for any reason even if they are active, terminated or suspended.
11.3We have the right to suspend your account at any time for any valid reason including, but not limited to, the disrespect of our Terms of Service.
11.4All suspended accounts will have all their balances reset, all referrals taken away and no refunds will be given.
12CHANGES
12.1We reserve the right to modify any of the terms and conditions contained in this agreement including but not limited to fees, special offers, benefits and rules, amongst others, and also reserves the right to cancel its services any time with or without any prior notice at any time and at our sole discretion for any reason. Continuing use of this site will be your acceptance of the change to the Terms & Conditions.
12.2We reserve the right to make changes of our website or services in the future with or without notice.
13Copyright:
13.1You are prohibited from distributing, reselling, recoding, modifying or copying our company or it's prosperity at all times
14THIRD PARTY ACCESS
14.1We link to many external sites including our offers. All external sites are out with the control of us and we cannot be held responsible or accept any liability for any content on external sites. Furthermore we do not guarantee that external links will function all of the time. If you find any external links inappropriate or offensive please report those links via our contact page. Whilst we are happy for other sites to link to us we do not permit our pages to be copied into or be loaded into frames hosted on other sites.
Disclaimer
Our company is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of our website. These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of this website. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
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