Thank you for using MADSERVS.
In order to use MADSERVS,
1. be able to enter mail address and password
2. agree to the Terms
3. to have required budget (if you want to create a campaign on MADSERVS)
By using MADSERVS, you represent and warrant that you meet all the requirements listed above, and that you won’t use MADSERVS in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) MADSERVS may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you confirm the acceptance of these terms and continues as long as you use MADSERVS. If you sign up for MADSERVS on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
If you want to close your account, we are able to delete your account and all the data associated with it, including the information of campaigns and payment details.
In the event of pre-payment account, Advertiser may request for a refund (with any non-use balance) which will be made within sixty (60) days, subject to the following: (i) MADSERVS reserves the right to deduct applicable fees, including, without limitations, administrative fees, PayPal fees, credit cards fees, etc., subject to MADSERVS’s sole discretion; and (ii) Advertiser’s right to a refund shall not apply in the event that MADSERVS terminates the IO due to Advertiser’s breach of the IO or these General Terms or in the event the account was not active for more than 6 months.
6. Account and Password
You’re responsible for keeping your mail address and password confidential. You’re also responsible for any account that you have access to. We’re not responsible for any loss due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
You are solely responsible for all aspects of any advertisements or additional materials created, delivered, or managed through your Account or User Name. You will conduct all of your marketing, business, and other activities related to the Advertisements and use of the Services in compliance with all local, state, and federal laws, rules and regulations applicable to its business, including but not limited to those of the Federal Trade Commission and state Unfair and Deceptive Trade Practices Acts and the laws of any other state or federal regulatory agency that has jurisdiction over Company’s business activities.
8. Prohibited Content
You agree not to use the Services in connection with, or to promote campaigns or ads containing: (i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on the personal rights, trademark, service mark, trade dress, trade name, logo, publicity right, copyright, patent rights, or any other intellectual property right of any third party; (iv) content, links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that you know to be false or misleading.
9. Minimum Budget Requirement and Payment Period
There is a minimum budget to create any campaign on MADSERVS. It is $50. In other words, you have to have at least $50 on your MADSERVS account when you want to create a campaign in any time.
10. Campaign Model
In campaigns, we are working based on CPC, CPM model and we charge just for number of clicks or impressions. Any change regarding a campaign, including but not restricted to the changes related to bid, terminating or pausing the campaign may take up to 24 hours to take effect. Related spending during this delay period will be added to the campaign total spend, and will not be refund.
11. Over Cap
Because of technical reasons, Budget capped might be exceeded by up to 15%, in which case you will be charged for a maximum of 15% clicks/impression.
12. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide MADSERVS. (Proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
13. Proprietary Rights Owned by You
15. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. Neither we nor our Team will be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if these damages are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any campaign will be no more than what you paid us for the Service for previous campaigns.
16. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as-is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use MADSERVS for a variety of reasons, we cannot guarantee that it will always or totally meet your specific needs.
Neither we nor our Team are responsible for the behaviour of any other Customers.
18. Force Majeure
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party Internet service providers.
19. Publisher Data
The Publishers may make available to the Advertiser through MADSERVS certain data that relates to the
Publisher’s Ad Inventory, including, but not limited to, any information regarding the Users and their use
of such Ad Inventory, including, but not limited to, advertiser identifiers, session-based browsing
behavior, and http header information (the "Publisher Data"). Advertiser may only use or disclose Publisher
Data as strictly necessary to facilitate the delivery of Ads through MADSERVS to such Publisher’s Ad
Inventory. Unless otherwise explicitly agreed upon between the Parties in writing, Advertiser will not use
or disclose any Publisher Data for any other purpose, including, without limitation, for retargeting
purposes, to create targeting profiles or segments that are specific to any individual User or to otherwise
append any Publisher Data to any other data
Maintained by or on behalf of the Advertiser. Advertiser agrees not to enhance and/or combine any Publisher Data with any personally identifiable data of the User or with any other User Data in a way that makes possible to determine the identity of any User. Advertiser shall treat Publisher Data as Confidential Information of MADSERVS. Following the completion of any Ad Campaign, Advertiser will delete any Publisher Data that it has accessed or received, unless otherwise is agreed upon between the Parties in writing.
20. User Data
To the extent Advertiser collects any data or information (a) provided by or collected about
(a) is readily accessible to Users wherever User Data is collected, and
(b) fully and accurately discloses what User Data is collected and how such User Data is used and shared.
For clarity, User Data does not include any Publisher Data or Ad Campaign Data.
21. MADSERVS Rights on Data
MADSERVS owns all right on any data that it collects in connection with any Ad
Campaign made through MADSERVS, which may include, without limitation, information about Advertiser domain, Ads, the number of views, clicks and conversions (collectively the "Ad Campaign Data"). MADSERVS grants the Advertiser a royalty-free, non-exclusive, worldwide, non-assignable and no sublicensable right to use the Ad Campaign Data solely in connection with the execution and for the term of the applicable Ad Campaign. Advertiser shall treat such Ad Campaign Data as Confidential Information of MADSERVS.
If the extent Advertiser provides to MADSERVS any data or information in connection with any Ad Campaign, which may include, without limitation, information about Advertiser
domain, Ads, and the number of views, clicks, and conversions, Advertiser hereby grants MADSERVS a royalty-free, non-exclusive, worldwide, perpetual and assignable right to analyze, combine with other data, and otherwise use such in connection with the MADSERVS Services, including for providing the MADSERVS Services for the applicable Ad Campaigns of Advertiser, for generally enhancing, improving, and optimizing MADSERVS services, for statistical purposes, and market research.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms will not affect the way this Agreement is interpreted.
25. No Changes in Terms at Request of Customer
Because we have so many Customers, we cannot change these Terms for any one Customer or group.
26. Further Actions
You will provide all documents and take any actions necessary to meet your obligations under these Terms.
27. Entire Agreement