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.
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