Terms of Service

General Terms

Since Whoosh Traffic is a manual, labor-intensive service, there will be no refunds after our link building service has been performed. Whoosh Traffic is a monthly-fee-based service. Customers can contact support@whooshtraffic.com at any time to request a hassle-free cancellation of service.

Though many of our customers have experienced amazing results with our Whoosh Traffic service, you understand and agree that we do not guarantee particular results from you using Whoosh Traffic. By signing up for our service, you agree to hold us harmless should your expected results not occur.

Whoosh Traffic works with companies engaged in legitimate Internet business. We do not accept accounts from gambling sites, pharmaceutical sites, malware sites, or any business that would be considered illegal within the laws of California and/or the United States. We reserve the right, at our sole discretion, to terminate any account we find objectionable. If you are concerned that your business violates these guidelines, please email us at support@whooshtraffic.com before signing up for our service.

Customers will be billed automatically via their credit card on file on the anniversary of their billing signup date. For instance, if a customer signed up on December 15, that customer’s credit card will automatically be billed every subsequent month on the 15th until that customer chooses to cancel. By default, our system bills you automatically, then sets up the same campaigns for you as last month. Once the system sets up the campaigns, you will receive an email. You will have 7 days from the date of the email to log in and change your campaigns. If you do nothing, we will go ahead and build more backlinks for you! If you want to change your campaign, just log in during the 7-day period and make your changes on the Campaigns page.

You cannot make changes to a campaign once we have started building backlinks to it.

Terms of Service

1. ACCEPTANCE OF TERMS

By accessing and using the Whoosh Traffic services, you accept and agree to be bound by the terms and provisions of the Terms of Service (hereinafter referred to as the TOS.) In addition, when using particular Whoosh Traffic owned or operated services, you and Whoosh Traffic shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF WHOOSH TRAFFIC SERVICES

Whoosh Traffic provides users with a link building service that helps users gain more traffic to their sites, as well as a suite of software tools designed to help users track their search engine rankings over time. You understand and agree that the Whoosh Traffic services may include certain communications from Whoosh Traffic, such as service announcements, administrative messages and the Whoosh Traffic newsletter, and that these communications are considered part of Whoosh Traffic membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Whoosh Traffic services, including the release of new Whoosh Traffic properties, shall be subject to the TOS. You understand and agree that the Whoosh Traffic services are provided “AS-IS”.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Whoosh Traffic services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Whoosh Traffic services under the laws of the United States or other applicable jurisdiction. Whoosh Traffic is concerned about the safety and privacy of all its users, particularly children. (See our privacy policy for more details.)

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing Whoosh Traffic’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Whoosh Traffic of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Whoosh Traffic cannot and will not be liable for any loss or damage arising from your failure to comply with this.

5. MEMBER CONDUCT

You understand that all information, data, text, articles, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Whoosh Traffic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Whoosh Traffic Network.

You agree to not use the Whoosh Traffic services to:
* harm minors in any way;
* impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
* intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or FTC, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
* provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
* “stalk” or otherwise harass another.

You acknowledge, consent and agree that Whoosh Traffic may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Whoosh Traffic, its users and the public.

6. INDEMNITY

You agree to indemnify and hold Whoosh Traffic and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Whoosh Traffic’s services, your connection to the Whoosh Traffic services, your violation of the TOS, or your violation of any rights of another.

7. NO COMMERCIAL REUSE OF WHOOSH TRAFFIC SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Whoosh Traffic services.

8. LINKS

The Whoosh Traffic services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Whoosh Traffic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Whoosh Traffic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

* YOUR USE OF THE WHOOSH TRAFFIC SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE WHOOSH TRAFFIC SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHOOSH TRAFFIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
* WHOOSH TRAFFIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WHOOSH TRAFFIC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE WHOOSH TRAFFIC SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WHOOSH TRAFFIC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WHOOSH TRAFFIC SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
* ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WHOOSH TRAFFIC SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
* NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOOSH TRAFFIC OR THROUGH OR FROM THE WHOOSH TRAFFIC SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHOOSH TRAFFIC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHOOSH TRAFFIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WHOOSH TRAFFIC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WHOOSH TRAFFIC SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE WHOOSH TRAFFIC SERVICE.

11. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Whoosh Traffic and governs your use of the Whoosh Traffic services, superseding any prior version of this TOS between you and Whoosh Traffic with respect to the Whoosh Traffic services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Whoosh Traffic services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and Whoosh Traffic each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Whoosh Traffic.

Waiver and Severability of Terms. The failure of Whoosh Traffic to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Whoosh Traffic services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.