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Terms and Conditions

Publication Date: 07.02.2013

1. Interpretation

The present Terms and Conditions (hereinafter T&C) constitute the rules for using the HMP Article Management System (hereinafter also mentioned as Host My Post or HMP). The T&C apply to all the User's activity on the site once the User has signed up to access the personalized section of the HMP Article Management System. The company managing the HMP site (hereinafter the System Provider) reserves the right to change the T&C at any time and without giving notice. If the System Provider exercises this right to change the T&C, it will send an automated email notification. It is then for the User to check the date of the T&C (which appears at the top of this document) and review the changes since the last version. The T&C will be available online at all times at http://www.host-my-post.com/static.php?content=terms-and- conditions

2. Definitions

  1. The User is a person registered in the HMP Management System as a Publisher or Advertiser or both. A User Account may be used for both publishing and advertising.
  2. An Advertiser is a person registered in the HMP Article Management System who intends to publish the content of his articles on third party sites, the intention being promote the sites in search engines and attract organic traffic.
  3. The Publisher manages one or more sites, having full management control over them, including the maintenance of the domains and the management of the content registered in the HMP Article Management System with the intention of posting that content as paid publications.
  4. Host My Post or HMP is the present site and the services are provided through it to enable Advertiser content to be published on a Publisher's sites.
  5. A Ban is a permanent block on a User's account applied in cases where there is a significant breach of the T&C and the User refuses to correct the identified breach.
  6. The Site Class is automatically allocated the to Publisher's site(s) by the HMP Article Management System. It ranges from A to G depending on the quality rating system, developed by HMP. Particularly, Site Class depends on the traffic estimates, the site's current Alexa Rank, and expected PageRank of the page where articles are published.

3. Access to HMP

The User gains access to the personalized section of the HMP Article Management System after completing the registration procedures and accepting the present T&C. The User is solely responsible for maintaining the confidentiality of their login and password, and accepts responsibility for all actions performed in the HMP Article Management System when their login and password has been used to gain access. The System Provider will take all reasonable steps to ensure that Users' personal or account details are not disclosed to unauthorized third parties.

4. Payments between Publishers and Advertisers

  1. HMP Points are the virtual points used as payment between Publishers and Advertisers within the HMP Article Management System. Points may be converted to real money and vice versa.
  2. HMP Points are purchased through a secure order form, which is available through the User's HMP interface. Publishers can also receive Points by publishing articles on their sites.
  3. HMP Points can be sold to the System Provider at any time and the money is sent to the User's PayPal account. The System Provider sends money two times per month on the business days closest to the 5th and 20th respectively. To sell HMP points, the User logs into the Article Management System, navigates to the Main Menu > Account > Cashout. The minimum number of HMP Points that can be sold is 1,579 where one Point is worth one United States cent. The System Provider's commission for withdrawing funds to your PayPal account is 5%.
  4. Newly registered accounts are blocked from withdrawing funds from the system for three months starting from the day of registration. Accounts using expired domain names have a waiting period of one year from the moment of registration before they are allowed to withdraw funds.
  5. All transfers of value between Publishers and Advertisers for publications are made using HMP Points. Upon completing the application for publication, the advertiser sets the amount to be paid on publication depending on the Publisher's Site Category. When the Publisher uploads the article(s), the amount due is transferred to the "hold" or "blocked" article budget and, when the Publication Effective Date arrives, the Points are transferred to the Publisher's account.
  6. The Hold Period is the period after an article has been published, during which the article may be recognized as breaching the T&C either when the HMP publication verification robot surveys the site or the Advertiser claims a default. The length of the period depends on the Publisher's Personal User History and ranges from one to seven days.
  7. The Publication Effective Date is calculated as follows. The Publisher reports that he has posted the Advertiser's article on his site. HMP Points are not instantly transferred from the article budget to the Publisher's account. Instead, the Points are directed to the "hold" or "blocked" article budget. This means that the Points cannot be spent by either party until the Publication Effective Date which is the date of publication plus the Hold Period that is applied to the particular Publisher. If the publication is not reported as fake and does not otherwise violate the T&C during the Hold Period then, on the Publication Effective Date, the HMP Points are transferred to the Publisher and no refund is allowed. But if the publication is found in breach of the T&C prior to the publication date, the points are refunded to the Advertiser and the Publisher is not allowed to publish the article.

5. Publisher specific rules

These rules apply to Users who use the HMP Article Management System as Publishers. The same User may use the HMP service both as a Publisher and as an Advertiser. The present rules apply to all Publishers even if they act as Advertisers.

5.1 Publisher's responsibilities

The Publisher who registers and participates in the HMP Article Management System is responsible for:

  1. posting the advertising content on pages which are open for indexing by search engine bots. It is forbidden to post the content on pages which are closed for indexing (*) or to apply any method in the published content for concealing links from search engine indexing;
  2. ensuring that no methods are used to conceal advertising materials by altering the design and/or page-proofs. Such methods include: change of background color, change of background to the one matching to the color of advertising material, application of layers, use of indistinguishable font sizes, blocking elements, pop-up ads, and so on (**);
  3. ensuring that every paid publication made through HMP is available online and indexable by search engines for the term of at least five years after the last publication date. In particular, the publisher is obliged to prolong the rights for the domain name for a period of 5 years starting with the date of last paid publication (***); and
  4. not altering the content of posted articles after their publication and payment (****).

5.2 Site requirements

The registered Publisher shall respect the following rules regarding advertising platforms:

  1. the site(s) shall match all the categories the Publisher has specified. If any site does not match all the specified categories, it may be recategorized by the HMP moderator;
  2. the site(s) must have more than 100 pages in Google Index.
  3. the site(s) can not be added to the system if its domain name was created less than one year ago, or if its WhoIs data has been changed within the past three months.
  4. the site(s) can not be added to the system whether registered with any free hosting provider (like blogpost, livejournal, site.google.com etc)
  5. the Publisher must have access to the home page of the domain;
  6. the HMP Article Management System does not allow sites that promote violence, social, racial or religious intolerance, discriminatory or other behavior offensive to third parties (****).

5.3 Site validation

Without prejudice to clause 2.3, the Publisher shall have full management control of each site submitted to the HMP Article Management System. To validate each site, the System Provider instructs the User to post a short piece of HTML code on the home page. When the presence of this code is confirmed by a robot, the site is transferred to manual moderation. When the moderator accepts the site, it is allowed to participate. The site is automatically allocated a class from A to G depending on the quality criteria developed by the Service Provider. The Site Ratings are updated by a robot on a periodic basis. The Service Provider reserves the right to reject sites and to change these validation rules. Further, the Service Provider reserves the right to restrict the use of any articles without providing a reason to Publishers or Advertisers. Publishers accept full responsibility for the site(s) they registered and all the subsequent changes to those sites no matter how caused including hacking, hosting problems, loss of domains, etc.

5.4 Bonus System

To reward loyal Publishers, there is a Loyalty Bonus Program. Ten percent of a Publisher's earnings are added to the User's bonus account. The bonus is released to the User's main balance once a year on the 1st January. The release of the bonus is unconditional as long as the Publisher is not in breach of the T&C. If there is a breach, the accumulated bonus may be forfeited and used to compensate any loss to Advertisers who have been prejudiced.

6. Advertiser specific rules

These rules apply to Users who use the HMP Article Management System as Advertisers. The same User may use the HMP service both as a Publisher and as an Advertiser. The present rules apply to all Advertisers even if they act as Publishers.

6.1 Advertiser responsibilities

The Advertiser is obliged to respect the following rules regarding advertising content, namely to avoid using:

  1. content promoting violence, social, racial or religious intolerance, discriminatory or other behavior offensive to third parties, etc (*****);
  2. machine-translated text, text produced by Markov text generators, etc. The article shall contain content written by humans and intended for other humans to read;
  3. content with poor HTML formatting. Advertisers should provide proper HTML source code with a limited subset of tags allowed. Tags must be correctly nested and every tag must be closed.
  4. incorrect categories. If the article does not apparently fit into one of the existing categories, category "Other" is used.

6.2 Refunds

The Service Provider constantly strives to improve the community of Publishers by attracting honest and professional webmasters. Nevertheless, some Publishers may breach the T&C. In such cases, the Advertiser has the right to file an abuse report to the Service Provider and request a refund. To request a refund, the User should go to Advertiser / My articles, click on the publications count next to the article in question, and click "Details" for the publication to file an abuse report. The same page is reached by following the link in the email notification of the publication. If the Publication Effective Date has not passed and the breach of the T&C is confirmed, the Advertiser receives a credit of HMP Points. If the breach of the T&C is not discovered until after the Publication Effective Date, the refund is subtracted from the Publisher's bonus account. If refund is no longer possible, publisher gets permanently banned.

7. Breach of the Rules

If the Publisher breaches the T&C, the following measures are taken:

  1. If, and only if, the breach is reported prior to the Publication Effective Date, no payment is made for the publication and the Advertiser receives a refund.
  2. The first breach resets the Hold Period for the Publisher to seven days, the second breach to fourteen days, and the third breach produces a Ban.

Moreover, any breach of the T&C by the User as listed in clauses 5 to 6 is regarded as sufficiently serious to trigger a formal warning given by email. The fact of the warning will also appear in the HMP Article Management System backend. The warning will allow seven days to remedy the breach and respond to the warning through the user interface. If the User fails to remedy the breach or to respond within the seven-day period, the account will be automatically Banned. If the User does not have access to the system or has any other objective justification for not remedying the problem during the seven-day period, the User should use the “contact us” form, providing the login of the banned account. The Service Provider will review the case as soon as possible.

After an account is banned, any remaining funds are preserved for three months. This is a safety precaution in case clarification of the additional circumstances is needed (this does not apply to loss compensation funds, which can be transferred to affected accounts). After three months has passed, all funds are sent back to the HMP Points Exchange without any compensation.

8. Guarantees, risks and responsibilities

  1. The services are provided on an "as is" and "as available" basis. The Service Provider shall not be liable to Users for any direct, 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 the Service Provider has been advised of the possibility of such damages), resulting from:
    1. the use or the inability to use the services offered through this Site;
    2. the cost of procuring substitute or other services as a result of any information or services supplied under the T&C, or reliance on any emails or other messages received through or from this site;
    3. unauthorized access to or alteration of Users' data or communications;
    4. statements or conduct of any third party; or
    5. any other function or operation relating to the services offered through this Site.
  2. The Service Provider does not guarantee the credibility or propriety of advertising materials posted into the HMP Article Management System by any of its Users. The Advertisers bear sole and full responsibility for the content provided by them.
  3. All the risks associated with the choice of advertising space made by any webmaster and/or Advertisers, as well as the quality of functioning and/or content of the advertising platform are handled by the User.
  4. The Service provider does not guarantee that:
    1. all the errors will be corrected;
    2. information and services will be provided without interruptions, rapidly, reliably and without any errors;
    3. results received through the use of the HMP service will be accurate, reliable and correspond to the expectations and requirements of the user.

9. HMP Responsibilities

The Service Provider is dedicated to providing a timely and high quality service to its Users. Hence, the Service Provider shall do everything reasonably possible to ensure:

  1. timely payouts to Publishers for services provided under the current T&C;
  2. a reaction to User complaints and requests received through the contact form in no more than one week from the date the form is received;
  3. settlement of disputes and resolution of problems described in such messages;
  4. a manual review and approval of new sites in no more than one week.
  5. a constant monitoring of User compliance with the present T&C, wherever possible preventing or making an early detection of breaches of the T&C.

10. Privacy policy

The Service Provider does not share personal information with third parties nor does it store any information about visits to this site other than to provide a better experience to Users when using the site's services.

11. Force Majeure

Neither the Service Provider nor the Users shall be considered in breach of the T&C to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an event amounting to force majeure including, but not limited to, an Act of God, war, revolution and the enactment of government laws or regulations.

 

 

 
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