Policies and Terms Of Service

Privacy Policy

123Clicks.com is committed to protecting our Customers and Members privacy. All information submitted is completely confidential and fully protected against unauthorized access. 123Clicks.com does not sell, trade, rent, or reveal your personal information to others, period. As a Customer and/or Member of 123Clicks.com, you can also be assured that we DO NOT provide your email address to any other outside party. 123Clicks.com uses the information that you provide for the purposes of delivering service, for corresponding with you, for resolving problems that you may encounter, and for improving our service.

Spam Policy

123Clicks.com has a ZERO tolerance for Spam. All Spam complaints are taken seriously. Spam is considered an unethical form of Internet advertising. The BEST guideline for knowing whether or not an email is Spam is if someone did not specifically request the information then it is SPAM. You must not send Spam that in any way implicates our services by including the 123Clicks.com domain or any other website associated with 123Clicks.com. This includes mentioning a 123Clicks.com email address or URL in any bulk email message. Quoting removal instructions or notices at the end of email messages such as "Senate Bill 1618" is still considered Spam if the recipient did not request the information.

If you willfully violate our Spam Policy you will:
• Have your website deactivated immediately without notice.
• Have your 123Clicks.com membership terminated.

123Clicks.com reserves the right to determine what constitutes a violation of our Spam Policy. The sole opinion of 123Clicks.com is FINAL in determining any and all spam violations.

If you have been spammed, please Contact Us.

Terms Of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. This service is provided to the member of the community the following Terms of Service and any operating rules or policies that may be published by 123Clicks.com. The Terms of Service comprise the entire agreement between Member and 123Clicks.com and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, members are indicating their agreement to be bound by all of these Terms of Service.

2. DESCRIPTION OF SERVICE. 123Clicks.com is providing member with the capabilities of increasing personal website traffic in exchange for advertising revenues, and increasing other web developer's website traffic. 123Clicks.com collects online behavior statistical information for our members. Examples of information that we collect, other than through the registration form, include URL of visited pages, registration for offerings and IP addresses. Upon termination of the online session, closing of the browser and/or termination of your membership, this information will no longer be collected. We gather this information to improve the administration of the services and to increase the overall security and integrity of the 123Clicks.com system. 123Clicks.com retains the right to terminate Member’s membership and rights to use the Service. Termination may happen for any reason, however is generally associated with violating the terms of service that 123Clicks.com has set out.

3. MODIFICATIONS TO TERMS OF SERVICE. 123Clicks.com may change these Terms of Service from time to time. Upon any change in these Terms of Service, 123Clicks.com is not responsible for notifying any user of these changes as we find it the responsibility of the user to be aware of the community rules at all times. Member’s continue usage of 123Clicks.com is subject to following these terms, failure to comply will result in immediate removal.

4. MEMBER SITES. Member acknowledges and agrees that 123Clicks.com neither endorses the contents of any Member sites or pages nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY. Member is entirely responsible for the maintenance and the confidentiality of his/her Member login name and password. In cases where users loose/forget their password we ask that you Click Here and enter your username. If you forget your username Contact Us and request your username.

6. DISCLAIMER OF WARRANTY. SERVICE IS DEEMED ACCEPTED BY MEMBER. THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 123Clicks.com FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT, 123Clicks.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; 123Clicks.com DOES NOT PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. 123Clicks.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IN NO EVENT SHALL 123Clicks.com OR ITS BUSINESS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES, LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF 123Clicks.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO MEMBER.

7. LIMITATION OF LIABILITY. 123Clicks.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS PROFITS, USE, DATA OR OTHER INTANGIBLE ASSETS.

8. COPYRIGHT. All parts of 123Clicks.com are copyrighted materials. Any usage of such intelectual property shall result in immediate action on part of 123Clicks.com.

9. Purchaser Warranties. 123Clicks.com soley makes no guarantee on the quality of advertising forth coming from credits or banner impressions or textlink ads. 123Clicks.com remains a strict NO REFUND policy other than the 60-day money back guarantee for Basic Pro membership as stated on the website. If a member is deleted for any reason during the first 60 days the 60-day money back guarantee will be considered null and void as well. Any person/organization purchasing advertising hereby forfeits any and all legal rights to 123Clicks.com. By joining 123Clicks.com (and purchasing from 123Clicks.com) you agree to not take any legal action for any reason against 123Clicks.com or any of its subsidaries. Essentially this means 123Clicks.com is not legally responsible for any loss you may incurr as a result of making a purchase from 123Clicks.com. These terms of condition are binding on all parties whether known or not since all parties agree to the 123Clicks.com terms of condition upon joining.

10. MEMBER CONDUCT. Member is solely and fully responsible for the contents of his/her transmissions through the Service. Members use of the Service is subject to all applicable local, state, and international laws and regulations. Member agrees to:

1) That he/she will place no more than 1 pop-up window on his/her site. This is included but not limited to interstitials, superstitials, exit window, exit consules.

2) That he/she will create such a website that does not destroy/break the 123Clicks.com navigation page in such a way to disturb other user's abilities to use 123Clicks.com traffic exchange (e.g. "frame busters", etc.).

3) That he/she will not use any mechanical devices to attempt to automate the usage of 123Clicks.com traffic exchange. (e.g. automated software, macros, emmulators, auto-refreshers, etc.). Such action will result in immediate termination.

4) That he/she will not promote any site within 123Clicks.com that contains adult materials, porno, profanities, hate material or anything of a similar nature including HYIP sites that pay a certain percentage per day (unless legally registered and licensed), AUTOSURF sites that pay a certain percentage per day for surfing.

5) That he/she will not use any means of spam to generate additional referrals. 123Clicks.com is not legally responsible for any such activities, and will seek to prosecute any such individuals that use spam to promote 123Clicks.com.

6) That he/she will monitor a valid email address which can be updated at anytime inside the member's area. If email bounces for any reason more than three times, including a full email box, we will delete the member's account.

11. INDEMNIFICATION. Member agrees to indemnify and hold 123Clicks.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Member’s use of the Service, the violation of these Terms of Service by Member, or the infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or other right of any person or entity.

12. TERMINATION. If Member objects to any of these Terms of Service or any subsequent modifications thereto or becomes dissatisfied with the Service in any way, Member’s only recourse is to immediately: (1) discontinue use of the Service; and (2) terminate Service membership.

13. GOVERNING LAWS. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia. Member or Advertiser and 123Clicks.com agree to submit to the exclusive jurisdiction of the courts of State of Georgia. 123Clicks.com's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 123Clicks.com in writing. Member and 123Clicks.com agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.

14. AGREEMENT NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS: To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, servicers, directors, officers and employees. You agree to the entry of injunctive relief to stop such lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive other relationships.