Terms and Conditions These Terms of Service apply to you (“you” or “Customer”), a user of our Service, and along with the Order agreed by you and Automatad constitute a binding agreement (the “Agreement”) between you, as an individual, and if you are purchasing or using the Service as part of your job responsibilities, the legal entity that you represent, and Automatad, Inc. (“Automatad”). Please read all the terms and conditions of the Agreement carefully. By accepting an Order and/or using the Service, you agree that you are bound by the terms and conditions of the Agreement, and you represent and warrant that you have full power, authority and legal capacity to enter into and bind your employer to the Agreement. Please contact Automatad at accounts@Automatad.com if you have any questions about the Agreement.
“Ads” mean advertisements for products and/or services (including house ads and third-party ads) displayed in connection with the Service. “Ad Decision Request” means any query that is made by Customer to Automatad to make a decision on via the API “Affiliated Entity” means: (i) your affiliate or subsidiary; and (ii) your customer (but only so long as you provide materially more services to such customer in addition to facilitating the serving of Ads). “Authorized User” means an employee or contractor of Customer or an Affiliated Entity. “Effective Date” means the date that an Order has been signed or otherwise accepted by the parties. “Event” means any item measured by the Service, including impressions, clicks, conversions, or other custom item unique to you. “Order” means a web-based or signed paper Order completed by you when ordering the Service. “Request” means any http query that is made by Customer to Automatad via the API “Service” means the provision by Automatad to you of online ad serving and related administrative service, in accordance with the Service descriptions and other options as set forth in the Order. The Service includes the provision on a hosted basis of non-exclusive use and access to the Software, and associated hosting and support services as described herein. “Service Offerings” mean the Internet websites, WAP portals, and other internet-enabled services associated with the URL’s and/or advertising networks owned or controlled by you and/or your Affiliated Entities. “Site” means the web site at www.Automatad.com and/or such other web site or sites that Automatad communicates to you where you may access the Service. “Software” means Automatad’s proprietary software used by Automatad to deliver the Service, made available to you through the Site on a “Software as a Service” basis, and all updates and associated documentation thereto made available as a part of the Service pursuant to the Agreement.
–Violate any local, state, national or international law or regulation in connection with use of the Service, or otherwise use the Service in any way that is in furtherance of criminal, fraudulent, or other unlawful activity –Interfere with or disrupt the Service or servers or networks connected to the Service –Violate any codes of conduct, requirements, terms of use, policies or regulations of networks connected to the Service –Interfere with or attempt to interfere with any other person’s use of the Service –Gain access to or attempt to gain access to any account, computers or networks related to the Service without authorization –Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or communication transmitted through the Service –Use traffic sources generated by toolbars, plugins, piracy sites, and/or any similar sites or applications
“Available” means that the ad server is responding to ad requests in less than a second. “Service Month” is each calendar month during the term of the Agreement. “Eligible Credit Period” is a single month, and refers to the monthly billing cycle in which the most recent downtime occurred. “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of 5 minute periods during the Service Month in which the Service was not responding to ad requests. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA exclusion per Section 4 below. “Service Credit” means 10% of Customer’s invoice for the Eligible Credit Period.