123Surf (“Service” or “Company”) is a traffic exchange service that provides individuals and businesses access to fast and scalable web hits through our exchanger application. The service includes the web site at www.123Surf.net (“Site”) which has a collection of resources related to 123Surf’ common questions, search engine marketing, search engine optimization, social media marketing, website performance and digital analytics in the knowledge base. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service.
You may access the Service or Site as a free or paid user (“User” or “Subscriber”). The Company reserves the right to charge fees for upgrades and change the price of any service upgrades associated with the Site or Service at any time without notice.
123Surf reserves the right to cancel, suspend or block access of Users to the Site or Service at its sole discretion for violation of our terms or for any other reason without notification.
II. Conditions Governing All Users
- The Service is available to Users who are human and who are 13 years of age or older.
- Users who are Subscribers must be at least 18 years old.
- A valid email address must be used for your account.
- Users who sign up may receive emails, newsletters and updates from 123Surf.
- Users may not impersonate any person, brand or entity on the Site.
- Do not add websites to the network that you do not own or have permission to.
- You agree to inform 123Surf of any security breach or bugs you encounter from the use of the Service or Site.
- We are not responsible for the content visible on our Users websites which may have been falsely marked as Safe for Work that includes nudity, violence, pornography or profanity.
- We are not responsible for any audio, music or sound that is played from Users websites while you surf on our network. It is the responsibility of the user to mute their computer while surfing.
III. Conditions Governing Subscribers
Any User who has purchased an upgrade that is currently active will be referred to as a “Subscriber”. As a Subscriber, you must agree to the payment terms presented here before you subscribe to the Service.
Subscribers are responsible for taking actions prior to the renewal of their subscriptions if the Subscriber does not wish to renew automatically. The Company may not send out future notifications or invoices of your renewal and it is your sole responsibility to check the Billing History of your account. Subscriptions recur monthly and can be unsubscribed to from your PayPal or Payza account.
30-Day Money Back Guarantee Policy. The Company will allow 100% refunds to Subscribers who have purchased upgrades or booster packs within the past 30 days with no questions asked with the exception of recurring payments. The Company reserves the right to refuse refunds or give customers a partial refund after the 30 day period has past.
Any threat of legal action against 123Surf by a client will result in immediate account and service termination without refund.
IV. Acceptable Use Policy
Users are obligated to follow the acceptable use policy regarding User Websites. All websites added to the Service or Site by Users shall be referred to as “User Websites”.
- Users assume legal responsibility for all User Websites.
- Users agree that no copyright, trademark, privacy rights or other intellectual property rights are being violated by add the websites to your account via the Site or Service.
- Users agree not to add websites that they do not have permission to add on the Site.
- Users will not add websites that can harm or transmit viruses/malware to computers or other devices when visited.
- Users agree to mark all User Websites that contains nudity, violence, pornography or profanity as NSFW (Not Safe For Work) in the manage site settings.
- Users under the age of 18 may not enable the "View Not Safe For Work pages?" setting in the user settings.
Violation of our AUP may result in legal action for damages, issue warnings, website suspensions or the termination/suspension of your account.
V. Service Limitations
123Surf may have limitations concerning use of Service including by way of example the maximum hits per hour that you set in your account may not be reached due to low network activity during the hour. 123Surf reserves the right to discontinue any of its features or its entire service at any time without notice. You agree that 123Surf will not be liable to you or to any third party for any modification or discontinuation of its features or the Service.
123Surf offer points to users and subscribers for different activities they partake in. Each point is worth a 10 second hit. For example, a 60 second hit would use up 6 points. By using our exchanger and surfing, you’ll earn points for your account. You may also buy points by upgrading your account, purchasing booster packs for extra points or our promo offers. Points are non-transferable and cannot be traded from one account to another.
VII. Proprietary Rights
123Surf respects the intellectual property of others and we ask the Users to do the same. The digital images and graphics found on the Site are copyright to their respective owners.
Users may not modify, reproduce, distribute, publicly display 123Surf’ content in whole or in part unless authorized by 123Surf or its respective owners.
VIII. Digital Millennium Copyright Act
If you believe that images or photos hosted on this website infringes upon any copyright which you own or control, you may send a written notification of such infringement as set forth below:
By email: contact@123Surf.net
In your notification you must include the following:
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information sufficient to permit us to contact the complaining party (e.g. telephone number, an electronic mail address);
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of notice as described above, 123Surf will take the appropriate action at its sole discretion, including removal of the challenged use from the Service or Site.
IX. Liability Limitation
You acknowledge that 123Surf cannot provide the Service at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or Service, you agree to limit 123Surf’ potential liability to you as described in this clause.
123Surf does not:
- Guarantee the accuracy, completeness, or usefulness of any information on the Site or Service on the Website.
- Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site.
- 123Surf and its partners will not be responsible for any loss or damage resulting from your reliance on information or other content found on the Site.
X. Other Clauses
Electronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print this form for your record.
Updates. 123Surf reserves the right to make modifications and updates to the site that may change the appearance or the functionality of the Site entirely without any notifications.
If you have questions about this agreement, email: contact@123Surf.net
Last modified: March 19, 2016