Terms of Service
Last modified March 21, 2007 (GMT +10hrs)

HitMagik welcomes anyone from anywhere in the world as long as they follow a few simple rules. Our "Terms of Service" are necessary to ensure our system is fair to all members.

MASTER RULE: If you try to cheat our system in any form, your account will be automatically deleted.

Honesty is the best policy! We STRICTLY FORBID cheating or misconduct of ANY FORM.

Your access/membership privilege(s) to HitMagik.com is subject to these Terms of Service, the HitMagik Privacy Policy, Anti-Spam Policy, FAQ, notices, disclaimers and any other rules of use and or conduct contained on this entire web site (www.HitMagik.com). Your use of, and/or access to and/or activation of an HitMagik membership constitutes your agreement to the terms and conditions stated herein.

All prices for any purchase(s) on this site are in US dollar value, user cash is also in US currency.

One Account per Person, Individual, Company, or other Organization

Only ONE account per individual, company, or other organization is allowed. Abuse of this will result in all related accounts being removed from the system and all referral down-line and credits, either earned or purchased, will be lost.

False Account Information

Any account found with false information will be automatically deleted. Information such as entering "1234567890" as your first name, "12345.com" as your email address, etc... will not be tolerated (due to taxation reasons stated below). This also applies to your URL's, ad titles and ad descriptions. We manually review every listing, so entering meaningless information such as "aaaaaaaaa" or "abcdefg", etc. wastes our time and will result in your account being removed, your email address will be banned from our site and your IP address may be blocked from this domain.

If you are concerned about your privacy, please note that we adhere to a very strict and comprehensive Privacy Policy. Your personal information is not shared with anyone, for any reason.

You can view the complete HitMagik Privacy Policy here.

Agreement to Receive Mailings from HitMagik

By joining HitMagik, you agree to receive email from the company including: the HitMagik Newsletter, periodic announcements about traffic products and other announcements or offers. You have the right to cancel these emails by canceling your membership. We will never share, sell or rent your name, e-mail address, physical address and any other personally identifiable information that you give us with any other third party(ies). Please see our comprehensive Privacy Policy.

HitMagik Merchant Facilities

If you pay for account upgrades, extra credits, banner/text advertising or anything else, your private information will be encrypted and sent securely over a SSL (Secure Sockets Layer) connection via facilities of leading merchant facilities (PayPal, E-Gold, StormPay and 2checkout.com).

HitMagik $5 Per Direct Referral, Commission and PRE-PRO Earnings Terms

Our System has been designed to benefit EVERYONE.

Once someone in your direct downline upgrades their account to Pro (or higher), A minimum of $5 will be credited to your PRE-PRO commission earnings. Once YOU become a Pro Member, the PRE-PRO earnings will then become available!

You can use your earnings to upgrade, or you can upgrade immediately and reap the benefits! This system is in place to help stop account stacking or any other form of cheating. Anyone in your direct downline that upgrades to Platinum or Executive earns you 5% of the Membership price! Direct downline Credit, Banner and Text Link purchases include 5% commissions paid to you. Higher commission rates for Pro, Platinum and Executive Members!

IMPORTANT: You must be, at minimum, a Pro-Member to request cashout. You can use your earnings to upgrade at any time once you have at least $39.95 in your account. Otherwise the minimum cashout level is $50 for Free Members, when you reach this level you can request cashout. $39.95 will be used for your Pro Upgrade, the remainder ($10.05) will be credited to your merchant account of choice (PayPal, StormPay, E-Gold or Bank Cheque via Post). You are then entitled to a $15 cashout minimum as a Pro Member. This of course does not apply if you're already a Pro, Platinum or Executive Member!

Once we launch the product and services directory, any purchase(s) of HitMagik's selected products or services earns you commission earnings from those you directly refer to us! Note members can add their own products and services, with these listings we do not support commission payout's. The products and services selected only by HitMagik are commission based for HitMagik members. More information about the Products and Services Directories will be available when we launch.

IMPORTANT NOTE: you cannot stack or signup multiple accounts. If you are found to be using more than one HitMagik account you will lose all related accounts, earnings, downline and credits either earned or purchased. See the one account per individual or organization above. Also, if you receive a $5.00 payment and the referral charges back the payment, you will lose the $5. Why? Because people who charge back are automatically deleted from our system. A charge back also cost's us an additional $35.

Due to taxation laws in the Commonwealth of Australia, we must report all commission payments that we pay our affiliates to the Australian Taxation Office. We therefore require your full first and last name for these reports, no abbreviations or nicknames will be accepted. Failure to indicate your full name will result in forfeit of all commission earnings. It also may be required that you submit your Tax File Number or Social Security Number so that we can adequately report our financial position to the Australian Taxation Office. It is your responsibility to report the earnings from HitMagik to your taxation office, as per the laws dictate in your country of residency.

Random Start Page Anti-Cheat Mechanism

The Start Page Anti-Cheat Mechanism (AKA Random Security Check) is an integral part of our anti-cheat protection system, which ensures you receive only real, live targeted traffic from HitMagik. It prevents cheaters from using automated scripts or software to simulate "clicks" and waste your credits.

Users of the HitMagik Start Page will be presented at random (at any time) with a simple viewer verification "test". All that is required is that you enter the indicated word or number, and in doing so you will earn random amounts of additional credits (at minimum 1 credit). Each test allows you two (2) chances to enter the correct answer, on the second incorrect answer you will receive a failed result. The system will warn you if you answer incorrectly on the first time.

If you fail the test, your account will be updated to reflect a FAILED result. After five failures, your account will be suspended for one day. After 10 failed attempts your account will be automatically suspended until further notice.

Loading your Start Page Too Fast

Loading and re-loading your Start Page over and over as fast as you can in an attempt to earn more credits is strictly prohibited. Using any type of software, emulator, script, robot, or any other automated means to load your Start Page multiple times simultaneously is strictly prohibited.

We have automated monitoring systems in place that easily and accurately detect this type of activity, and you will receive a warning if you are consistently loading pages too fast. If you disregard these warnings and continue abusing the system in this way, your account will be automatically suspended and flagged for deletion.

Automated Page Loading/Rotators

Our mission is to maintain the above-average results members achieve with HitMagik. The only way we can accomplish this is to ensure that all users' links are displayed only to real, live, targeted prospects. Any script, auto-surf, rotator or other system that loads pages automatically goes directly against this primary objective, thus, you may not use these methods to activate or promote your HitMagik Start Page. Our system can easily detect this, and will automatically delete any HitMagik account which is being loaded automatically.

The only page you may promote using these automated methods, is your Referring URL used to refer new HitMagik users.

Promoting your Start Page

You may NOT promote or encourage others to use your Start Page, under any circumstances. Every user has their own Start Page, and anyone that would like to use the HitMagik Start Page only needs to create their own free account.

The correct way to introduce other people to HitMagik is to promote or pass on your Referring URL to your friends - check your welcome email or login to your account for your referring URL. Please note we do have an anti-spam policy!

If you promote your Start Page and/or allow other people to use it, your account will be automatically deleted.

Excessive Page Loading with No Activity

Despite the fact there is a limit on the number of credits any user can earn in a day by only loading their own Start or other pages (and not clicking any links), a small minority do try and cheat the system by loading their own page 100's or 1000's of times in a very short period of time. This puts unnecessary load on our servers, is unfair to other hard working honest users, and is strictly prohibited. In order to prevent such abuse, the HitMagik system will automatically suspend any account that does not generate at least 1 click for every 20 loads of their HitMagik Start Page.

Specific Sites NOT Allowed

HitMagik is a Family Safe Network. Hence, any site being promoted via HitMagik must be appropriate for a (G) General Audience. Sites which contain OR promote any of the following are NOT allowed:

• Adult or Pornographic content
• Offensive or bad language
• PTP (Paid to Promote) pages
• HYIP sites, Gambling sites or ANY site with a prerequisite of 18+ (ADULTS ONLY)
• Software and/or music pirating or other illegal content
• Derogatory, Inflammatory, Defamatory or Offensive Statements, Phrases or Content.
• Sites that break out of our Start Page frame

Each Site contains a maximum of 1 Pop-Up or Pop-under or Exit Ad (only ONE of these not one of EACH). This pop-up must not interfere with the users surfing and must be able to be closed easily without alerts and other pop-up windows. Any form of software installs, dialers, malware, prompts etc.. are strictly forbidden.

If you try to promote a site that blatantly violates this policy, your account will be deleted without warning and you will lose all credits, earnings and referrals. If you are unsure about a site we suggest you ask before promoting on HitMagik.

Other Inappropriate Sites

HitMagik, at its sole discretion, reserves the right to remove any site that is deemed inappropriate. Other inappropriate sites include, but are not limited to, sites that use multiple pop-ups or pop-under's, sites that use malicious or annoying javascript code, sites that violate the visitors' privacy, etc. Any site that attempts to install any form of virus, software, malware or dialer will be deleted and the offending account will also be terminated.

There may be other sites that HitMagik deems inappropriate for any number of reasons (quality of the site, questionable content, etc.). HitMagik reserves the right to reject any site for any reason.

Currently, HitMagik serves the world's English-speaking population - so sites in another language are not accepted at this time. Please don't submit sites with Non-English content as it will not help you in anyway.

Anti-Spam Policy

We encourage you to promote your own sites, however, we are strongly against any type of spam - including but not limited to unsolicited emails and inappropriate or bulk newsgroup postings. These techniques may NOT be used to promote HitMagik in any way, shape, or form. Doing so will result in immediate and permanent account termination. If anyone is found breaking the terms, legal action may be taken and the offending person will be reported to their ISP.

Occasionally (usually not more than twice per month) we will send you important HitMagik updates and/or announcements via email. By creating an account you are giving us permission to do so, and agree that these email updates or announcements we send you are not "spam".

The email updates and/or announcements are very important to you as a HitMagik user, so should you decide that you don't want to receive these occasional emails from us you must cancel your HitMagik account.

Inactive Accounts Automatically Deleted

Any free account that has no activity after 90 days is automatically deleted by the system. If your account is deleted for inactivity, you will need to create a new account should you decide that you want to use HitMagik in the future. All upgraded accounts on HitMagik (including our Lifetime Pro Membership) do not have an inactivity period!

Miscellaneous

Obviously, anyone who tries to artificially earn their credits or cheat our system in any other way will be permanently deleted and banned.

If you make a purchase on HitMagik and subsequently "charge-back" the transaction, you account will be AUTOMATICALLY removed and you will be banned from signing up an account with HitMagik again.

HITMAGIK.COM DOES NOT WARRANT THAT THE WEBSITE AND SERVICE WILL BE ERROR FREE OR UNINTERRUPTED. THE WEBSITE AND SERVICE IS DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HITMAGIK.COM WILL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR COSTS THAT YOU AND/OR YOUR BUSINESS MAY SUFFER WHEN USING THE WEBSITE OR SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HITMAGIK.COM FROM ANY CLAIMS RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR SERVICE IS AT YOUR SOLE RISK. NEITHER HITMAGIK.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.

By submitting the registration form to HitMagik You agree to have read and be bound by the terms of this agreement.