Terms and Conditions

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Use of the Activity Web web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.

Activity Web reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 10 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.

All questions regarding this User Agreement should be sent via e-mail to Support.

Activity Web Associates
These terms and conditions apply to all associates of Activity Web, including the following associate types:

Partners—send people to Activity Web to do their searches. Partners earn a commission for every click-thru by visitors their refer. Activity Web tracks the IP addresses of these visitors. If they visit Activity Web within 30 days using the same IP address, the partner continues to collect commissions for their click-thrus.
Managers—send prospective partners and sales representatives to Activity Web and earn an override on their commissions.
Sales Representatives—send prospective advertisers to Activity Web and earn commissions on click-thrus paid for by the advertisers.
Advertisers—are included in the search engine listings on a pay-per-click basis. Advertisers decide how much to bid for placement in the listings, with a minimum bid of 1 cent per click (US). There is no minimum bid for non-profit organizations and individuals with private websites that do not sell things.

Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are eligible to use our services, you must complete the Registration process by providing Activity Web with true and correct information as required on the Activity Web registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account, at our discretion.

Authorized Use
Only Personal Use is authorized by Activity Web. Under this Agreement, Activity Web gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Activity Web's express permission.

Your right to access the Services is subject to any limits established by Activity Web. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Activity Web, if any, or authorized in advance and in writing by Activity Web (for example, Activity Web approved third party tools and services). The Activity Web Web Site contains robot exclusion headers and/or robots.txt file, and you agree that you will not use any device, software or routine to bypass our robot exclusion headers and/or robots.txt file, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Activity Web). Activity Web does not spider other websites. Our listings only come from submissions from advertisers. In cases where our advertisers have not bit for a particular term, listings may come from other search engine sources.

The technology underlying, and content within, the Services is owned by Activity Web and/or its licensors (including Activity Web's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. The Activity Web brand name and this website are both ©2004 Virginia Host LLC, all rights reserved. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and Activity Web, Activity Web owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. ACTIVITY WEB DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Listings
Listings may consist of any one, or a combination of the following:

A detailed and accurate text description of your item

Relevant keywords only.

Nothing else

We check all listings for accuracy and relevancy before permitting them to be added to our database. Our arbitrary judgment on relevancy and acceptability for all listings is final.

Listings may not contain descriptions that:

Violate any state, local, or federal laws that prohibit the sale or distribution of your item.

Infringe upon any third parties, copyright, patent or trademark rights.

Falsely advertise, or misrepresent the merchandise being offered for sale.

Are sexually explicit in nature. Adult websites may be listed, but you must keep the listing clean enough for a five-year-old to read, and your website must restrict access to pornographic images and information from all under age 18. Child pornography and other illegal activities are strictly prohibited, as described above.

By paying a listing fee to Activity Web, might cause us to violate any local, state, federal law, regulation or guideline.

Listings may not contain descriptions that:

Violate any state, local, or federal laws that prohibit the sale or distribution of your item.

Infringe upon any third parties, copyright, patent or trademark rights.

Falsely advertise, or misrepresent the merchandise being offered for sale.

Are sexually explicit in nature (except as described above).

By paying a listing fee to Activity Web, might cause us to violate any local, state, federal law, regulation or guideline.

Personal Information is the information that you provide to Activity Web:

Completing the registration process.

Listing

Placing a bid.

Placing your credit card information on file with us.

Using any e-mail feature offered to you through use of the site.

Privacy Policy
Activity Web will never knowingly disclose to any other parties or persons any private information you supply to us, except as required by Federal, State, or Local law or with your express permission. Your actions to add or remove your email address to or from any of our mailing lists via links on this website constitute express permission.

Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.

Acceptable Correspondence
The following types of posts and/or email messages ("Posts") to any of Activity Web's employees, customers or partners or on Activity Web's site are considered unacceptable in any lobby or venue of our site, except as provided in registered listings approved by Activity Web.. Posting of such may result in the suspension of your Activity Web Account. These may include, but are not necessarily limited to:

Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby.

Posts that advertise items you have for sale.

Posts that contain profanity or that are defamatory in nature.

Posts that contain links to other sites.

Posts that contain adult pictures, material, or links thereto.

Posts that disclose personally identifiable information about another registered member.

Posts that are disruptive in nature, harass or threaten another member or Activity Web staff member.

Additional guidelines may be posted, and amended, at any time and take place immediately.

Spam
Spam is defined as unsolicited emails, instant messages, and all other unsolicited forms of communication on the Internet. Partners, sales representatives, and advertisers of Activity Web are prohibited from sending spam containing Activity Web links and/or information. Any partner, sales rep, or advertisers found, in Activity Web's judgment, to have sent spam containing Activity Web links and/or information may have their account suspended or even cancelled immediately, without warning. Activity Web also reserves the right to cancel any due commissions or payments to partners or sales representatives who have been found to have engaged in spamming.

Activity Web shall be the sole judge of what constitutes spam and what does not constitute spam in all cases where Activity Web's information is included in the message. In general, if you suspect that it's spam, it probably is.

Partners and sales representatives of Activity Web are permitted to include references to Activity Web with their personal links in their correspondence only if they are contacting someone with whom they have normal correspondence. Partners and sales representatives are forbidden to send bulk emails and messages containing information about Activity Web to recipients they do not know.

Webmasters who are partners or sales representatives of Activity Web are permitted to place links to Activity Web on their own websites, but not on other peoples' websites.

If you are not sure whether a message you wish to send constitutes spam, contact us. Be sure to indicate whom you intend to distribute your message to and what their relationship is to you. If you suspect someone of sending you spam containing our information, contact us.

Stability
Neither you nor any parties partnered with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the Activity Web web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.

Limitation of Liability - Non Warranty
IN NO EVENT SHALL ACTIVITY WEB (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, AND/OR EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.

THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site.

No Legal Partnership
You and Activity Web act as independent contractors. At no time is any legal partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. The term Partner as used throughout this website refers to individuals and organizations who choose to perform a sales or referral role for Activity Web. These individuals are actually independent contractors and are neither employed by nor a part of Activity Web or its affiliates.

Violation of User Agreement
We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.

At this time, all deposits are nonrefundable.

Commissions and Fees
Activity Web pays 20% of monthly fees collected to referring websites (Partners). Partner commissions apply only to fees collected from click-thrus by referred visitors. Payment is tracked via IP addresses of the visiting referral. You retain the rights to all future traffic from visitors using this said IP addresses provided no more than 30 days elapses between visits from said IP Addresses. If more than 30 days elapses between visits from an IP Address, that IP address will be removed from your referral account.

Activity Web pays 5% override of monthly fees and deposits collected to Managers who refer other Partners and Sales Representatives to our program. Manager overrides apply only to fees collected from click-thrus by referred visitors associated with webmaster accounts and deposits made by Advertisers referred by Sales Representatives.

Activity Web pays 10% of monthly fees collected to Sales Representatives who refer Advertisers to our program. Sales Representative commissions apply only to deposits made by those Advertisers who are referred by Sales Representative.

Activity Web collects fees for each click-thru based upon the bid amount authorized by its advertisers on the website. Advertisers agree that by utilizing portals provided by Activity Web for creating and making changes to their account they have automatically authorized the bid amounts they assign to their listings.

Last Updated
This page was last updated on 01/25/2004.