TERMS
PricesOnTopPage reserves the right to make pricing changes displayed
on our website without notice. Existing customers will be given at least 30 days
notice prior to any pricing changes taking effect. Already paid in
full services will not be affected by pricing changes until the
expiry of any subscription period.
During the 30 days notice period, existing customers have the ability and
right to unsubscribe to services before the new pricing is set.
Changes and Modifications
OnTopPage reserves the right to make technical, interface and
service changes without notice. Sole recourse available to you in cases of any
modifications is to cancel the relevant service Agreement. Continued use of the
site and/or service following changes and modifications will constitute your
binding acceptance.
Service Levels and Access
We will do our best to make our website available at all times, but
cannot guarantee it will operate without interruptions or be error
free. We do not accept any liability for any case
of unavailability.
Access to any password protected sections
of the site is limited and can only be accessed by valid subscribers with a valid subscription.
We reserve the right to refuse any order placed by you.
Notices
Notices shall be in the form an announcement posted on the OnTopPage.com site.
Termination
Termination for Cause. This Agreement may be terminated by one of the parties
for cause immediately by providing notice upon the occurrence of any of the
following events; (i) If the other ceases to do business, or otherwise
terminates its business operations; or (ii) If the other shall fail to promptly
secure or renew any license registration, permit, authorization or approval for
the conduct of its business in the manner contemplated by this Agreement or if
any such license, registration, permit, authorization or approval is revoked or
suspended and not reinstated within thirty (30) days; or (iii) If the other
breaches any material provision of this Agreement and fails to fully cure such
breach within thirty (30) days (ten (10) days in the case of failure to pay) of
written notice describing the breach; or (iv.) If the other becomes insolvent or
seeks protection under any bankruptcy or receivership or if any proceeding is
instituted against the other and not dismissed within thirty (30) days.
Termination for Convenience. You may terminate and cancel your service at any
time and discontinue use of this website, however all monies owned to OnTopPage.com shall first and foremost be paid in full.
Warranty
Some OnTopPage.com services may rely on 3rd party service providers,
or may send relevant data to respective 3rd party providers, or
may obtain data from 3rd party providers. OnTopPage does not
accept any liability in any such case.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY
THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED
TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR
FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY
SOURCE.
If for any reason we are held liable, our liability is limited to the amount
paid by you for applicable service(s).
Force Majeure
Neither party shall be liable for the failure to perform any of its
obligations under this Agreement, except for payment obligations, if
such failure is caused by the occurrence of any event beyond the
reasonable control of such party, including without limitation, fire,
flood, strikes and other disturbances, failure of suppliers, accidents,
riots, insurrections, acts of God or orders of any
governmental agency.
Governing Law
This Agreement shall be governed by California State Law in the
County of Los Angeles and in which shall remain exclusive jurisdiction.
Severability
If a court of law or other court of competent jurisdiction finds any
provision of this Agreement invalid, illegal or unenforceable, the remaining
portions of this Agreement shall remain in full force and effect and construed
so as to best effect the original intent and purpose of this Agreement as
expressed herein.
Inconsistent terms
The parties agree that the terms and conditions of this Agreement
shall prevail over any contrary or additional terms, including but not
limited to, any acknowledgment, confirmation, order (unless agreed
to in writing by both parties), or any other document, whether or
not issued by either party.
Privacy
OnTopPage may collect and retain personal information about you that
is in relation to your use of any OnTopPage service, iincluding but not
limited to, Name, Address, contact details and billing details. You
hereby authorize OnTopPage to use this data for marketing purposes, or
associated service, or any other purpose determined by OnTopPage.
OnTopPage does not propose to sell or provide to 3rd parties any personal information
collected as part of your use of this service.
We may also store and maintain your URL submissions including any traffic data
for your exclusive access.
Your usage of this service and the data associated with your usage
may be collected or retained for the purpose of reuse by OnTopPage.
By accepting these terms and conditions, you agree to the use of your
personal information as outlined above.
Content Policy & Spam Removal Guidelines
Web pages making use of spamming techniques may not be submitted. Such pages
will be removed.
OnTopPage.com defines spam an inappropriate use of the search engine involving
any effort to deceive the search engine into returning a result that is
unrelated to the query or whose position has been artificially inflated in the
result. This includes, but is not limited to, the following examples of the more common techniques spammers
employ to inappropriately use to exploit search engines:  Embedding deceptive text in the body of web documents;
Creating metadata that does not accurately describe the content of web documents;
Fabricating URL's that redirect to other URL's for no legitimate purpose;
Web documents with intentionally misleading links;
Cloaking or doorway pages that feed Search Engine Crawlers content that is not reflective of the actual page;
Creating inbound links for the sole purpose of boosting the ranking or popularity score of the URL;
The misuse of third party affiliate or referral programs.
OnTopPage.com Submission Terms and Conditions
OnTopPage will, to the best of its knowledge, submit your URLs
in accordance with submission policies of each search engine.
URLs are added to search engines at the sole discretion of the
respective Search Engine companies. OnTopPage can not and does not
guarantee that any submissions will result in search engine listings.
The number of successful submissions may vary depending on, but not
limited to, the site language, hosting, domain, or category. NOTE:
Adult based sites are not knowingly accepted OnTopPage nor
the majority of search engines and as a result only a handful of
search engines mayl accept your submission.
URL Guidelines
OnTopPage or any Search Engine may remove your URL from their index for
any reason. Including but not limited to the following: Your URL includes content
that: Is illegal;
Includes pornographic material;
Is a fraudulant use of the Service as determined by the Search Engine in it's sole discretion;
Infringes on an entities rights or that of a third party, as dtermined by the Search Engine in it's sole discretion;
OnTopPage or the Search Engine receives notice of an act of copyright infringement;
In response to a courd order or other judicial or governmental request or act;
Does not comply with ethics codes, submission guidelines, editorial standards, technical standards, or customers.
Editorial Guidelines
OnTopPage highly considers the following content: Good Web Design pages;
Original and unique content;
Human designed pages;
Social betterment and Humanitarian pages;
Hyperlinks intended to help people find related content;
Metadata that accurately describes the contents of a page or document;
Clean, people-oriented pages.
Technical Guidelines
URL's must be operational and not generate error messages such as " Page not Found";
Web
pages must be accessible and not require a uswername, password, cookie
other other authentification in or to be accessed;
Web pages must not be on a secure server such as "Https";
Web pages must permit search engine spidering technology;
Web pages must contain visible text and not be graphics only;
NOTICE: If your URL is removed by OnTopPage or any Search Engine you will not be entitled to any refund of any fees paid
for services. The following are supplemental Terms:
Why We Collect Information
First and foremost, OnTopPage collects information to improve the
services we provide and to present you with information and services
that may interest you. We also use your information to measure our
success and performance. For example, aggregate information gives us an
idea of the number of visitors we attract and how they find us and
navigate our website.
Personal Information Collection
OnTopPage is the sole owner of information collected on this
website. Any personal information that is collected by us is provided
by you strictly on a voluntary basis. You may submit your personal
information in a number of ways, depending on the On Top Page service
you are using and your choices while using our services. For example,
if you choose to run an advertising campaign through OnTopPage, during
registration we may ask you for, and you may choose to give to us,
information such as your name, e-mail address, physical address,
telephone number, credit card information or other personal information
necessary to complete a transaction or provide services to you. We use
this information, such as your email address, to send users information
about our company, client campaigns and its products and services if
requested or if necessary. Out of respect for your privacy, we present
the option not to receive these types of communications. We provide you
the opportunity to “opt-out” of having your personally identifiable
information used for certain purposes by emailing unsubscribe@OnTopPage.com
at any time.
You submit your credit card information online when you
sign up for our services. Payments are processed through PayPal. PayPal may or may not retain, share, store or
use personally identifiable information for purposes other than billing for
our services.
We will not share or rent this information to others in ways different from
what is disclosed in this privacy policy.
Use of Personal Information
As stated above, unless you voluntarily provide personal information
for a specific purpose, we do not collect personal information from
you. We will never combine any personal information about a user of our
site with any aggregate information we collect about that user, whether
collected on our site or our Advertising Service. If you choose to
provide personal information during registration or when using our
services, we use your personal information to provide you with
particular products or services that you request or may interest you.
If your personal information changes, you may correct, update or delete
it by emailing our Customer Support at support@OnTopPage.com or by calling
1-877-598-4661.
OnTopPage will not sell, share, or rent this information to
others in ways different from what is disclosed in this statement.
However, we may transfer personal information in connection with a sale
or merger of OnTopPage. We may also share your personal information,
such as your email address, mailing address, etc., with technical
consultants, third party auditors and other third parties who make our
site available, enhance its functionality or provide associated
services and/or who deal with you in processing your orders and/or
delivering content, samples, products or services. These third parties
are not supposed to use personal information except for the purposes of
providing the applicable products or services. In addition, we reserve
the right to disclose your personally identifiable information as
required by law and when we believe that disclosure is necessary to
protect our rights and/or comply with a judicial proceeding, court
order, or legal process served on our website. Our site and services
are currently maintained in the United States of America . By using the
site and/or services, you authorize the export of personal information
to the USA and its storage and use as specified in this policy.
Other Information We Collect and Use
We may collect non-personally identifiable information with cookies,
such as IP address, browser type and version, and pages you view. We
may also keep track of how you got to our site and any links you click
on to leave our site. Once you leave our site, we do not track you.
This aggregate information may be analyzed and combined with similar
aggregate information of other users and may be collected both on our
site and on other sites in our Advertising Service. We may share
aggregate information with our business partners and other third
parties. Such aggregate information is anonymous and does not identify
any individual user, and we do not link this automatically-collected
data to personally identifiable information. We may use
proprietary persistent cookies You can remove persistent
cookies by following directions on your Internet browser’s “help” file.
If you reject cookies, you may still use our site, but your ability to
use some areas of our site may be limited. We may use your website
activity to assist us in offering you a personalized Web experience,
assist you with technical support, diagnose problems with our server,
and administer our website and to tailor our product or service
offerings to you. This privacy statement covers the use of cookies by
this site only and does not cover the use of cookies by any advertisers.
Third Party Website Links
Some of our websites provide links to third-party websites, such as those of
our affiliates, business partners and advertisers. We have no access to or
control over their practices. Because OnTopPage does not control the
information policies or practices of these third parties websites, you should
review their privacy policies to learn more about how they collect and use
personal information.
Security Information
OnTopPage may store data using industry standard security devices, such as
firewalls and encryption protocols, to prevent against unauthorized access to
our data. Reasonable physical security protection is used to protect your
information from loss, misuse or unauthorized alteration. We do not ask for
sensitive information, such as credit card numbers. Payments are processed through PayPal who may protect it through the
use of the Secure Socket Layer (SSL) protocol which provides encryption during
transmission. See www.paypal.com for details.
We have put in place policies to restrict access to your information by our
employees. Our employees are trained to safeguard your information.
Additionally, we use internal and external resources to review the adequacy of
our security procedures.
Protection for Children
No persons under the age of 13 are permitted to view or otherwise
use this site. LEAVE THIS SITE IMMEDIATELY if you under the
age of 13. We do not knowingly collect personal information from anyone
under the age of 13.
Privacy Program
OnTopPage is a licensee of the TRUSTe Privacy Program. TRUSTe is an
independent non-profit organization whose mission is to build user’s trust and
confidence in the Internet by promoting the use of fair information practices.
This privacy statement covers the website http://www.OnTopPage.com. If you have questions or concerns email privacy@OnTopPage.com
Changes to This Privacy Policy
Our Privacy Policy may change from time to time. Information you
may submit to us is controlled by the privacy policy in effect at the
time of your submission. If we decide to change our privacy
policy, we will
post these changes to this privacy statement on www.OnTopPage.com and
other places we deem appropriate so you are aware of what information
we collect, how we use it, and under what circumstances, if any, we
disclose it. We reserve the right to modify this privacy statement at
any time and without notice to you, so please review it frequently.
Your continued use of the
site after such changes have been posted hereby indicates your consent,
acceptance, agreement of any and all such changes.
Effective Date
This Privacy Policy is effective and was last updated on October 23, 2010
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