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TERMS


Prices

OnTopPage 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:

anti spam Embedding deceptive text in the body of web documents;
anti spam Creating metadata that does not accurately describe the content of web documents;
anti spam Fabricating URL's that redirect to other URL's for no legitimate purpose;
anti spam Web documents with intentionally misleading links;
anti spam Cloaking or doorway pages that feed Search Engine Crawlers content that is not reflective of the actual page;
anti spam Creating inbound links for the sole purpose of boosting the ranking or popularity score of the URL;
anti spam 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:

anti spam Is illegal;
anti spam Includes pornographic material;
anti spam Is a fraudulant use of the Service as determined by the Search Engine in it's sole discretion;
anti spam Infringes on an entities rights or that of a third party, as dtermined by the Search Engine in it's sole discretion;
anti spam OnTopPage or the Search Engine receives notice of an act of copyright infringement;
anti spam In response to a courd order or other judicial or governmental request or act;
anti spam Does not comply with ethics codes, submission guidelines, editorial standards, technical standards, or customers.

Editorial Guidelines

OnTopPage highly considers the following content:

anti spam Good Web Design pages;
anti spam Original and unique content;
anti spam Human designed pages;
anti spam Social betterment and Humanitarian pages;
anti spam Hyperlinks intended to help people find related content;
anti spam Metadata that accurately describes the contents of a page or document;
anti spam Clean, people-oriented pages.

Technical Guidelines


anti spam URL's must be operational and not generate error messages such as " Page not Found";
anti spam Web pages must be accessible and not require a uswername, password, cookie other other authentification in or to be accessed;
anti spam Web pages must not be on a secure server such as "Https";
anti spam Web pages must permit search engine spidering technology;
anti spam 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