TrafficWave.net Terms of Service

TrafficWave.net Terms of Service

Completion and submission of your online or offline enrollment indicates your agreement to the following Terms and Conditions as a Customer.

All services provided by TrafficWave.net may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The Customer agrees to indemnify and hold harmless TrafficWave.net from any claims resulting from the use of the service which damages the Customer or any other parties.

In compliance with GDPR, CASL, and CAN-SPAM, TrafficWave.net takes a no-tolerance stand on spamming or the sending of unsolicited email, using an email address, URL that is maintained on an TrafficWave.net machine, or directing traffic to a webpage that contains any reference to TrafficWave.net. Such activity is STRICTLY prohibited. TrafficWave.net will be the sole arbiter as to what constitutes a violation of this provision. This action WILL RESULT in immediate termination of your account without refund. Any service interruptions as a result of Customers spamming will be billed to the Customer at $150.00 per hour until service is restored. Customer will also be in violation of the TrafficWave.net Terms of Service and subject to legal action.

For information regarding General Data Protection Rights (GDPR), visit https://gdpr-info.eu
For information regarding Canada’s Anti-Spam Laws (CASL), visit https://fightspam.gc.ca/eic/site/030.nsf/eng/home
For information regarding Anti-Spam / UCE laws, visit https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.

Importing or in any way using purchased leads with a TrafficWave.net account is strictly prohibited. If you paid money or in any way purchased a group of pre-existing leads, or in any way acquired leads without specific expressed consent, these leads may not be used with TrafficWave.net. This includes co-registration services, "safe lists" or any type of free leads given to you. Only people that have specifically requested information directly from you may be emailed through TrafficWave.net.

Batching or in any way trying to script the addition of new subscribers to the web form subscription methods is strictly forbidden. A script must not be used to auto submit a web form subscriber on behalf of a website visitor. The visitor who desires to subscribe to your list must be the one to activate that subscription process with express consent.

No individual under the age of sixteen (16) may use the Services, provide any personal information to TrafficWave.net or otherwise submit personal information through TrafficWave.net (including, for example, a name, address, telephone number, or email address). If the parent or guardian of a child discovers that the child has submitted any information to TrafficWave.net, they should contact us immediately at the address listed below.

Pornography and sex-related merchandising are prohibited on any TrafficWave.net server. TrafficWave.net will be the sole arbiter as to what constitutes a violation of this provision and will have the legal right to assess a $150 per hour charge (with a one hour minimum) for the location and removal of such material or information. Such charges will be applied to the Customer's payment information on file.

The collecting of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation is prohibited. TrafficWave.net will be the sole arbiter as to what constitutes a violation of this provision.

Payment is due immediately on the billing date listed in the Customer's back office. All payments must be in US dollars. The Customer is responsible for providing up-to-date payment information. TrafficWave.net will not be held responsible should the Customer's payment information become out-of-date, declined, or inaccessible.

If payment is by credit or debit card, Customer authorizes TrafficWave.net to charge the credit card listed in Customer's back office for the charges for TrafficWave.net services that may accrue from month to month in order to maintain the account in current status. Credit card payments will be billed and charged automatically.

In the event a payment is declined, Customer's account will be temporarily deactivated for a period of 10 days. Customer will be sent email notification to log in and bring the account current with valid payment information.

Any TrafficWave.net Customer may cancel his or her account at any time by using the "Cancel Account" link found under "View/Edit Profile" in the TrafficWave.net Back Office at http://www.trafficwave.net/login.html.

Alternately, any Customer may issue their cancellation request in writing to the address below. For such cancellation requests, TrafficWave.net will have no less than 30 days to fulfill such request upon receipt. Such request shall be deemed to be received and fulfilled when processed and subsequently verified by our staff.

For all Customer cancellations, TrafficWave.net will withhold and retain Customer account data for a period of 60 days. During this sixty day period, Customer may request reinstatement without the permanent loss of their service data, with the understanding that subscribers can still elect to have themselves removed at any time. Following this 60 day period, all data, files or other information that is stored in the Customer's account will be permanently removed. If the Customer wishes to use the services again, they will be required to re-enroll as a new customer.

Customer agrees that TrafficWave.net has the right to delete all data, files or other information that is stored in the Customer's account if/when the Customer's account is terminated, for any reason, by either TrafficWave.net or the Customer.

Customer accounts cannot be transferred or used by anyone other than Customer. Any evidence of accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate termination without refund.

It is understood that TrafficWave.net will retain basic contact information to occasionally communicate or provide updates to Customer after cancellation with the intention of renewing their business relationship. However, Customer may expressly request upon cancellation request that all personal information be erased and any use of their personal data be stopped. Customer will additionally have the option to later remove themselves from any further communication or email updates by clicking a remove link in the footer of the received messages or by written request at the address below.

It is understood that the complete removal of personal data by TrafficWave.net after account termination will exclude any such data required for the sole purpose of complying with state, federal, and international laws, and will be retained until such compliance has been met.

Customers are prohibited from transmitting on or through any of TrafficWave.net's services, any material that is, in TrafficWave.net's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

TrafficWave.net is committed to respecting intellectual property rights. If you identify copyrighted material that belongs to you posted without your permission to any web sites or services owned and managed by www.trafficwave.net or sent through our servers please follow the directions below to let us know.

Our designated agent is as follows:

Hamney Roobright, Inc
330 Rayford Rd PMB 312
Spring TX 77386
admin@trafficwave.net

The subject of your communication should be: DMCA Takedown Request
Your notice must include all of the following:

  • - a physical or electronic signature of someone authorized to act on behalf of the copyright owner;
  • - identification of the work that has allegedly been infringed;
  • - identification of the website material that is allegedly infringing;
  • - information for the website owner to contact the complaining party, such as a postal address, telephone number, or email address;
  • - a statement that the complaining party has a good faith belief that the allegedly infringing use is not authorized or legal; and
  • - a statement that the information in the takedown notice is accurate and, under penalty of perjury, that the author of the takedown notice is authorized to act on behalf of the copyright owner.

TrafficWave.net makes no warranties of any kind, whether expressed or implied, for the service it is providing. TrafficWave.net also disclaims any warranty of merchantability or fitness for a particular purpose. TrafficWave.net will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by TrafficWave.net's negligence or Customer's errors or omissions. Use of any information obtained via TrafficWave.net is at your own risk. TrafficWave.net specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CUSTOMER TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

This agreement shall be governed by the laws of the State of Texas and the United States.

These Terms and Conditions, last updated on May 24, 2018, supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of TrafficWave.net service constitutes acceptance of these Terms and Conditions.