ViralBar.com Terms and Conditions

ViralBar.com (a.k.a. Viral Bar or Viral Information Bar), Americas Hosting Network (a.k.a. AHN or Americas Hosting Net), and Americas Marketing Network (a.k.a. AHN or Americas Marketing Net) are wholly owned subsidiaries of Mataka International LLC.

ViralBars.com grants the User access to our services with the understanding that the User has read, understands and accepts all the Terms and Conditions contained herein this document.  ViralBars.com reserves the right to update or modify our Terms and Conditions for any reason and at any time without notice. It is the users’ responsibility to review the Terms and Conditions on a regular basis. Your continued use of ViralBars.com services constitutes your agreement with our Terms and Conditions.  ViralBars.com and maintains the right to terminate their services without notice if for any reason you fail to abide with any of our Terms and Conditions. 

You may view our Privacy Policy here.

1.0  Service Policy Agreement

1. Use of this website constitutes full and irrevocable acceptance of our terms and conditions, as well as, a waiver of any and all claims against the ViralBars.com.  You agree not to hold ViralBars.com, its principles, officers, directors, employees, or affiliates responsible for any consequences that may result arising from the use of the ViralBars.com service.
   
2. I understand that ViralBars.com service is provided "as-is" with no expressed or implied warranties, service guaranties. I understand that I am using the ViralBars.com system at my own risk and will take full responsibility for my own actions as I am under irrevocable acceptance of these terms and conditions.
   
3. I understand that I will be held personally responsible for my own actions using ViralBars.com service.  If I engage in any activity that results in damage or legal repercussions through my use of ViralBars.com, I will take full legal and financial responsibility for those actions.
   
4. ViralBars.com is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in origin. 
5. An account holder assigned to an email address is responsible for the domain associated with the submitted email address. ViralBars.com reserves the right to terminate or suspend an individual’s Viral Information Bar Account(s) that is suspected of tampering with the ViralBars.com service functionality. 
6. ViralBars.com shall not be held responsible for ad content.
   

2.0  Usage Policy  Agreement

1. I agree not to promote ViralBars.com through any form of unsolicited commercial email and that if I am proven to willfully and knowingly do so, I understand that my account(s) at ViralBars.com will be immediately terminated without notice. I will be acceptable to any fines and/or governing laws that result from any unsolicited actions. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups, inappropriate advertising, abusive behavior, credit spoofing, etc.  Any account which results in our IP space being blacklisted will be immediately terminated and extreme cases will be prosecuted.
   
2. Use of our services to infringe upon any copyright or trademark is strictly prohibited. This includes but is not limited to unauthorized advertising of music, books, photographs, or any other copyrighted work. The offer to sell any counterfeit copyrighted or trademarked and other illegal merchandise will result in the immediate termination of your account without notice.
   
    Unaccepted advertising material and advertising policies can be found here.
   
   Any material that, in our judgment, is obscene or threatening will be removed from the ViralBars.com Network. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography, any account found to advertise child pornography or linking to child pornography will be terminated immediately without notice, and the proper authorities will be notified. ViralBars.com reserves the right to refuse service to anyone. If you are in doubt, regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
   
3. I agree that I will not run or advertise any auto-surf programs alongside or on the ViralBars.com Information Bar.  I understand that if I do so, my account will be terminated without notice and I will accept any fines as my responsibility that arisesas a result of my actions.
   
4. I agree not to deceive any users, in any way shape or form, or spoof the ViralBars.com Viral Information Bar technology advertising system.  Any attempt to generate or fake ad impressions and/or Viral Bar advertising credits  by any method other then provided on ViralBars.com is deemed spoofing.  I understand that if I do so, my account(s) will be terminated without notice and I will accept any fines as my responsibility that arises as a result of my actions.

3.0  Non-Competitive Disclosure Agreement

3.1  I recognize that the concept behind the ViralBars.com Informational Bar is unique and that any attempts to duplicate it will be in violation of copyrights, and other legal protections.  I am not allowed to, in any way, copy these methods, processes, protocols, designs, or concepts
that duplicate the ViralBars.com Informational Bar System.

1. I agree that I am not, and do not intend to be a competitor in the field of Viral Informational Bar Service and I will never  partake in any way, shape or form the development of any service that competes with ViralBars.com in the field of Viral Informational Bar Services. In addition, I will not partake in any way in the development of any application, service, product, or activity that attempts to deceive, abuse, spam, or in any way harm ViralBars.com technology, ViralBars.com users, or ViralBars.com advertisers.  I understand that if I do so, my account(s) will be terminated without notice and I will accept any fines as my responsibility that arises as a result of my actions.

4.0  General Information And Limited Liability Disclaimers


Viralbars.com does not make any representations about the options/services, nor any guarantees to return on investment or income implied with the information provided on this on this website, including but not limited to external links or third party offers. Under no circumstances is ViralBars.com liable for any interactions with external entities or any indirect losses or damages arising with the use of third party links

The use of ViralBars.com Viral Informational Bar System holds you bound to all terms of service, usage conditions, and underlying disclaimers as well as all applicable laws, as governed and interpreted by the State of New York and the United States. We reserve the right to revoke or forfeit any privileges, orders and accounts that don’t comply with our terms and conditions, and privacy policy.

ViralBars.com shall not be held responsible for any damages you/your business may suffer. ViralBars.com makes no warranties and/or guarantees of any kind, expressed or implied for services we provide. ViralBars.com  is not responsible for any loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ViralBars.com and/or its employees, principles, officers or directors.


4.1  Indemnification

Customer agrees that it shall defend, indemnify, save and hold Viralbars.com and Americas Hosting Network LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees asserted against ViralBars.com, Americas Hosting Network, its agents, its customers, directors, officers, or employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees
etc. 

Customer agrees to defend, indemnify and hold harmless ViralBars.com and Americas Hosting Network LLC against Liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ViralBars.com Informational Bar System and Americas Hosting Network; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ViralBars.com servers.

4.2  Force majeure

For the purposes of these Terms and Conditions, “Force Majeure” shall mean circumstances or occurrences beyond the reasonable control of ViralBars.com or Americas Hosting Network LLC.
ViralBars.com and Americas Hosting Network LLC shall not be liable for any failure to perform obligations resulting from but not limited to Acts of Nature (which include fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, crime, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity and/or including telephone service, and any other reasons that services are interrupted.

In the event of “force majeure,” ViralBars.com and Americas Hosting Network LLC will not be held liable or deemed in breach of contract/agreement for any damages whether or not by foreseeable events, and therefore, may terminate their Agreement without any liability to you.

5.  Arbitration

By using any ViralBars.com or Americas Hosting Network services, you agree to submit to binding arbitration. If any disputes or claims arise against Americas Hosting Network or its subsidiaries, such disputes will be handled by an arbitrator of Americas Hosting Network's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.


6.  Customer Liabilities
   
The customer is solely responsible for their compliance with all Federal, State and Local laws.
4.1 The customer is solely responsible for the content of any transmission using Viralbars.com or Americas Hosting Network LLC services or that of any of its subsidiaries.
4.2 The customer agrees not to use ViralBars.com or Americas Hosting Network LLC services for unlawful purposes or to interfere with or disrupt other network users, services or network equipment through any means.
4.3 The customer agrees to comply with, and to cause any User to comply with the United States law and international regulations with regard to the transmission of technical data, which is exported from/imported to the United States using ViralBars.com and Americas Hosting Network LLC services.
4.4 The customer agrees that it shall defend, indemnify, save and hold Viralbars.com and Americas Hosting Network LLC harmless from any and all demands, liabilities, losses, costs and claims resulting directly or indirectly from the customer’s wrong doing.
4.5 The customer is solely responsible for complying with Electronic Commerce Laws, taxes and tariffs. The customer agrees to hold harmless, protect, and defend ViralBars.com, Americas Hosting Network LLC and its subsidiaries from any claim, suit, penalty, tax or tariff arising from the Customer’s exercise of Internet electronic commerce.

7  Termination

Any violation of these terms and conditions will be considered a breach of contract, thereby making this entire Agreement null and void, without notification and no refund.

8.  Digital Privacy

By using the ViralBars.com Viral Informational Bar Service, all customers acknowledge and agree that the personal information that they have provided will be maintained on Americas Hosting Network LLC server(s) and/or the server of those responsible for maintaining the receiving website and/or administering the contents. Please Read our Privacy Policy here

9.  Changes to These Terms

I understand that ViralBars.com or AmericasHostingnetwork.com reserves the right, at its complete discretion, to change these terms and conditions for any reason and at any time. It is my responsibility to check periodically for any changes made to these terms and conditions. My continued use of the ViralBars.com Viral Informational Bar Service and accessing the Member Area contents means I accept any and all changes to these service agreements and general disclosure statements.

10.0  Unacceptable Material & Common Advertising Policy

The following promotions of products, services or websites are explicitly not allowed to be advertised through ViralBars.com Informational Bars Service.  The types of sites that are not allowed include, but are not limited to:
IRC Bots / Proxy Scripts / Anonymizers / Pirated Software / Warez image, filedump, mirror, or double click type tracking banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange, etc.).

Sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Gambling Sites,  Racist Sites, Abusive/Offensive sites, lottery sites, muds / rpg's, Hate Sites, hacker focused sites/archives/programs, or sites promoting illegal activities.

In addition to IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts, Spoofing Tools, Cheating tools, Viral Informational Bar competitor sites, service imitation, illegal copying sites and/or tools herein.

Forums and or websites that distribute or link to Warez content are expressively prohibited. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.  Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and the proper authorities will be notified and extreme cases will be prosecuted.

Fraudulent claims in your advertisement that will result in the termination of your account.
Your advertisement will be disabled if it contains non-acceptable advertising language, such as language that is abusive, deceptive, foul, grammatically incorrect, unprofessional or misspelled.

ViralBars.com at its sole discretion reserves the right to determine any site as inappropriate.  All ViralBar.com ads deemed inappropriate by ViralBar.com Viral Information Bar will be terminated and subject to whatever consequences it incurs.  Sites must be child-safe, legal, inoffensive, and must not promote Internet abuse or violence, and must not break any State, Federal or International Laws.