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You agree to be bound by the following Terms of Use Agreement before accessing or otherwise using ExpiredTraffic.com products and services.

 

TERMS OF USE AGREEMENT FOR ExpiredTraffic.com PRODUCTS AND SERVICES.

This ExpiredTraffic.com Terms of Use Agreement ("TOUA") is a legal agreement between you, either an individual or a single entity, ("Licensee") and Expired Traffic for the use of ExpiredTraffic.com Products and Services. By installing, copying, or otherwise using ExpiredTraffic.com, Licensee agrees to be bound by the terms of this TOUA. Additional terms and conditions other than the terms and condition of this TOUA are hereby objected to and rejected. If Licensee does not agree to the terms of this TOUA, do not install or use the PRODUCT.

DEFINITIONS.
AUTHORIZATION means the electronic mail message, letter or other documentation supplied by Expired Traffic or one of its authorized distributors with this TOUA, which defines the PRODUCT licensed under this TOUA, the number of authorized computers, the term the license and a license key for enabling the PRODUCT.

SUBSCRIPTION means the duration for which a paid membership for the PRODUCT is to extend for. By default, all memberships will be renewed on a monthly basis, starting 30 days from startup.

PRODUCT means all components of ExpiredTraffic.com, ExpiredTraffic.com Pro, ExpiredTraffic.com DEMO or other Products or Services specified in the AUTHORIZATION and supplied by Expired Traffic including, but not limited to, computer Services, online electronic documentation, HTML files, help text, and PDF files, and may include associated media or printed materials.

LICENSE means the license to use the PRODUCT on the number of computers.

LICENSEE means the end user of the PRODUCT.

TERM means the period of time from Licensee's installation, registration or first use of the PRODUCT until the expiration of the term specified in the AUTHORIZATION or SUBSCRIPTION..


RIGHTS AND LIMITATIONS.
Subject to the terms and condition of this TOUA, Expired Traffic grants Licensee a non-exclusive, non-assignable license to use the PRODUCT for the TERM.
The PRODUCT may only be used on computers that are used solely for Licensee's own personal or internal business. This TOUA does not grant any rights to use or install the PRODUCT on computers used primarily to service or to benefit persons not having either an employment or contractual business relationship with Licensee, such as a web server servicing the public.
Notwithstanding anything else contained in this TOUA, Expired Traffic retains (i) all title to, and, except as expressly and unambiguously licensed herein, all rights to the PRODUCT, and all related documentation and materials, (ii) all copyrights, patent rights, trade secret rights and other proprietary rights in the PRODUCT.


Licensee does not have any rights to use the PRODUCT on operating systems other than those explicitly listed in Section 1(c).


Expired Traffic shall have no obligation to provide any support for the PRODUCT.
Expired Traffic cannot guarantee the most recent search results, the most recent expired domain name lists and cannot guarantee the sanctity of searches. It is up to the end user to obtain the most recent database lists of expired domain names from a source other than Expired Traffic.  The products and services (PRODUCT) are provided AS IS with no warranty of any kind. There is to be NO sharing of usernames, passwords, and any additional content which is exclusively reserved for members of Expired Traffic. Any violation of these policies will result in the permanent cancellation of the licensee's account

Refund Policy
The products and services (PRODUCT) are provided AS IS with no 30-day money back guarantee of any kind.  Our stated policy is not to refund unless there are exceptional circumstance that justify a refund (ie. illegally purchased goods, such as using a stolen credit card or licensee can show adequate misrepresentation of service to justify being compensated a prorated amount.) You may cancel your service at any time, and you will not incur any further rebills.


This Services was created for non-commercial, private use. Expired Traffic cannot be held liable for any damages the PRODUCT may cause, including but not limited to loss of data, loss of profits, loss of Internet resources, loss of bandwidth or any loss which may result from the use of the PRODUCT. Expired Traffic, or any person or business or entity associated with ET cannot be held liable for damages of any kind which may result from the use of the PRODUCT. The END USER, or the user of the PRODUCT agrees to take full responsibility for the PRODUCT’s results, work, or damages.


LICENSEE'S OBLIGATIONS.
Except as expressly and unambiguously provided herein and as conditions of Licensee's LICENSE hereunder, Licensee represents, warrants and agrees:

To use the PRODUCT only for private, non-commercial purpose.

Not to reverse assemble, de-compile, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the PRODUCT or from any other information, except to the extent that this restriction is expressly prohibited by local law.
To keep all copies of the PRODUCT in the possession of Licensee.
Not to sell, give, lend, give access to, or otherwise transfer the PRODUCT, or copies of the PRODUCT or user names, passwords or any other information associated with the PRODUCT to anyone that is not an employee or consultant of Licensee or to anyone that is not bound to all of the terms and conditions of this TOUA.
Not to use the PRODUCT for timesharing, outsourcing, hosting or service bureau purposes or otherwise allow others or third parties to benefit from the use of the PRODUCT.
Not to remove from any copies of the PRODUCT any product identification, copyright or other notices.
Not to modify, incorporate into or with other Services, or create a derivative work of any part of the PRODUCT.
Not to share, distribute or sell the results obtained from the use of the PRODUCT, which may include but are not limited to: expired domain name lists, expired domain name lists with traffic information, expired domain name with directory listing information, on-hold domain names with traffic information, or any final product or report generated by ExpiredTraffic or the PRODUCT.
Not to disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the PRODUCT.
Not to violate any Federal, State, Municipal, or commercial laws by or with the use of the product. Not to violate any regulations as set forth by search-engines, directories, search directories, domain-list providers, or any other entities involved in the PRODUCTS operations.


TERMINATION.
Without prejudice to any other rights, Expired Traffic may immediately terminate the LICENSE if Licensee fails to comply with any of the terms and conditions of this TOUA. In such an event, Licensee must destroy all copies of the PRODUCT and all of its component parts.
All of the terms and conditions of this TOUA shall survive termination with the exception of the LICENSE as defined in Sections 1(c) and 2(a). Termination is not an exclusive remedy and all other remedies will be available to Expired Traffic whether or not the LICENSE is terminated.


GOVERNING LAW.
This TOUA shall be deemed to have been made in, and shall be construed pursuant to the laws of the Province of Ontario and Canada, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this TOUA or any action relating to the subject matter hereof shall be the Canadian Provincial Courts of Ontario. The prevailing party in any action to enforce this TOUA shall be entitled to recover reasonable costs and expenses, including, without limitation, reasonable attorneys' fees.

WARRANTY AND DISCLAIMER.
THE PRODUCT AND Expired Traffic PROPRIETARY MATERIALS ARE PROVIDED TO LICENSEE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHER, Expired Traffic DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE Services WILL BE FREE FROM BUGS, THAT ITS USE WILL BE UNINTERRUPTED, OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PRODUCT OR OTHER Expired Traffic PROPRIETARY MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. LICENSEE UNDERSTANDS THAT Expired Traffic IS NOT RESPONSIBLE, AND WILL HAVE NO LIABILITY, FOR HARDWARE, Services OR OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSON OTHER THAN Expired Traffic, ExpiredTraffic.com STAFF OR ANY PERSON ASSOCIATED WITH ExpiredTraffic.com PRODUCTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Expired Traffic or its suppliers, distributors and resellers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT, even if Expired Traffic has been advised of the possibility of such damages. Because some provinces and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.

CUSTOMER REMEDIES.
Expired Traffics' entire liability and Licensee's exclusive remedy under this TOUA shall not exceed the amount paid by Licensee.

ILLEGAL DISTRIBUTION.
All login and access information is stored and analyzed by intelligent scripts and under some circumstances by Expired Traffic staff. If a end-user is detected accessing the PRODUCT or ExpiredTraffic.com services from mutliple machines, or if the end-user has shared his/her login information, the account will be immediately terminated and a refund will NOT be issued.

MISCELLANEOUS PROVISIONS.
This TOUA and the AUTHORIZATION comprise the entire understanding between the parties with respect to its subject matter and supersede any previous or contemporaneous communications, representations, or agreements, whether oral or written. No modification of this TOUA will be binding on Expired Trafficunless in writing and signed by an authorized representative of each party. Neither this TOUA nor any right, privilege, license or obligation set forth herein may be assigned, transferred or shared by Licensee without Expired Traffic's prior written consent, and any such attempted assignment or transfer is void. In the event any provision of this TOUA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

Notice to United States & Canadian Government End Users - Licensee acknowledges that any Services furnished under this License is commercial computer Services developed at private expense and is provided with RESTRICTED RIGHTS. Any use, modification, reproduction, display, release, duplication or disclosure of this commercial computer Services by the United States Government or its agencies is subject to the terms, conditions and restrictions of this License in accordance with the United States Federal Acquisition Regulations at 48 C.F.R. Section 12.212 and Subsection 227.7202-3 or applicable subsequent regulations.

 

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Copyright © 2002-2004 Expiredtraffic.com. All Rights Reserved. Use of Expired Traffic constitutes acceptance of the Expired Traffic Privacy Policy and Terms of Use.

 

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