tAN Terms and Conditions

Please read the following terms and conditions very carefully before joining the toot advertising network (tan) program. Participation in the tan program indicates that you accept these terms and conditions.

This agreement (“Agreement”) between You and Al Eqlimiya for Telecom and IT services (“toot”) consists of these toot advertising network (“tan”) program (the “Program”) Standard Terms and Conditions (“Terms and Conditions”). A description of the Program is available at the Program URL, located at http://www.itoot.net/tan  “You” “Blogger” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, which shall also be bound by the terms of this Agreement.

Program Participation. Participation in the Program is subject to toot’s prior approval and Your continued compliance with the Program. toot reserves the right, in its sole discretion and without liability to toot, to reject, omit or exclude any Publisher or Web Site for any reason at any time, with or without notice to the Publisher and regardless of whether such Publisher or Web Site was previously accepted.

Without limitation to the foregoing, toot reserves the right to require publishers to submit descriptions or explanations of their Web Sites through a questionnaire or survey. Refusal to participate or answers deemed unsatisfactory may constitute grounds for non-acceptance or termination of this agreement. toot reserves the right to reject or terminate Publisher’s participation in the tan network should the number of Impressions delivered by Publisher total less than 2,500 per month.

By enrolling in the Program, You represent that You are at least 18 years of age and agree that toot may serve third party and/or toot provided advertisements (such toot-served advertisements, collectively, “Ads”).

Implementation and Operation of Ads. You agree to comply with the specifications provided by toot to enable proper delivery, display, tracking, and reporting of Ads, Links, and toot Brand Features in connection with Your Blog, including without limitation by not modifying the JavaScript or other programming provided to You by toot in any way, unless expressly authorized in writing by toot.

You understand and agree that you are allowed to place only one other image advertisement other than the toot advertisement on your site, you are also allowed to place 5 text link advertisements.

Publisher shall be solely responsible for placing the JavaScript or other programming provided by toot on the Site, which placement shall be subject to the terms and conditions of this Agreement. No JavaScript or other programming provided by toot may be placed on any root URL not specifically approved by toot for membership within the Network. Banner, Leaderboard, Skyscraper, and Wide Skyscraper ads must be placed within 500 pixels of the top of the Webpage (above the page scroll/fold). Skyscrapers or wide skyscrapers and half page formats cannot be placed on the same page. Text Ads are limited to a total of five text links per page in any combination of stand alone and/or multiple links. No Publisher will place ads on blank pages, on pages with no content, on top of one another, on non-approved Websites, or in such a fashion that may be deceptive to the visitor. Ads cannot be placed in email messages and may not be placed on forums, chat rooms, and other entities that the Publisher does not have complete control of, unless otherwise agreed by toot.

Traffic Limitations. Publisher understands and agrees that from time to time toot services hereunder may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of toot or which are not reasonably foreseeable by toot, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. Publisher acknowledges and agrees that toot has no control of the availability of the services on a continuous or uninterrupted basis. Failure to deliver because of technical difficulties does not represent a failure to meet the obligations of this contract.

Communications Solely With toot. You agree to direct to toot, and not to any advertiser or other third parties, any communication regarding regarding any toot Ad(s) or Link(s) displayed in connection with Your Site.

Parties’ Responsibilities. You are solely responsible for the Site, including all content and materials, maintenance and operation thereof, the proper implementation of toot’s specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies. toot reserves the right to investigate, at its own discretion, any activity that may violate this Agreement. toot is not responsible for anything related to Your Site, including without limitation the receipt of queries from end users of Your Site or the transmission of data between Your Site(s) and toot.

You understand that toot may not be able to fill 100% of advertising requests sent to its servers with ads, ads are subject to availability. You also understand that some campaigns are geo-targeted, advertisements will only show if the visitor’s IP Address is included in the geo-targeted list. If the visitor’s IP Address is not included in the geo-targeted list, then the default toot banner will show. You understand that default banners are not paid advertising

Prohibited Uses. You shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate impressions of or clicks on any Ad or Link through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools; (ii) edit, modify, filter or change the order of the information contained in any Ad or Link, or remove, obscure or minimize any Ad or Link in any way; (iii) frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad ("Advertiser Page"); (iv) redirect an end user away from any Advertiser Page; provide a version of the Advertiser Page that is different from the page an end user would access by going directly to the Advertiser Page; intersperse any content between the Ad and the Advertiser Page; or otherwise provide anything other than a direct link from an Ad to an Advertiser Page; (v) display any Ad(s) or Link(s) on any error page, on any chat page, in any email, or on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content; (vi) directly or indirectly access, launch, and/or activate Ads or Links through or from, or otherwise incorporate the Ads or Links in, any software application, Web site, or other means other than Your Site, and then only to the extent expressly permitted by this Agreement; (vii) act in any way that violates any Program Policies posted on the tan Web Site, as may be revised from time to time, or any other agreement between You and toot, or engage in any action or practice that reflects poorly on toot or otherwise devalues toot’s reputation or goodwill.

You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement and the pursuit of all available civil or criminal remedies. Furthermore Publishers that commit the aforementioned activities, will not be compensated for traffic. toot reserves the right to register fraudulent Publishers in a global ad network fraud database, for usage by other ad networks.

Termination; Cancellation. You may stop displaying tan Ads on your Site with or without cause at any time by removing the toot JavaScript or similar programming from Your Site. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to tan@itoot.net This Agreement will be deemed terminated within ten (10) business days of toot’s receipt of Your notice. toot may investigate any activity that may violate this Agreement. toot may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Site in all or part of the Program for any reason. In addition, toot reserves the right to terminate without notice any account that has not generated a sufficient number of valid impressions of Ads for a period of two (2) months or more.

Confidentiality. You agree not to disclose toot Confidential Information without toot’s prior written consent. “toot Confidential Information” includes without limitation: (a) all toot software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) page impressions or other statistics relating to Site performance in the tan Program provided to You by toot; and (c) any other information designated in writing by toot as “Confidential” or an equivalent designation. However, You may accurately disclose the gross earnings pursuant to the Program. toot Confidential Information does not include information that has become publicly known through no breach by You or toot, or information that has been (i) independently developed without access to toot Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

No Guarantee. toot makes no guarantee regarding the level of impressions of Ads on any Ad, the timing of delivery of such impressions or the amount of any payment to be made to You under this Agreement.

No Warranty. toot makes no warranty, express or implied, including without limitation with respect to advertising, and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability, and fitness for any particular purpose. To the extent Ads and Links are based on non-toot content, toot shall not have any liability in connection with the display of such Ads and Links.

Force Majeure. Neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

Payment. Unless otherwise agreed to by the parties in writing, payments to You, for the number of valid impressions of Ads, shall be sent by toot within approximately twenty (20) days after the end of each calendar month that Ads are running on Your Site if Your earned balance is $50 or more. All unpaid earnings will rollover to the next pay period. In the event the Agreement is terminated, toot shall pay Your earned balance to You within approximately sixty (60) days after the end of the calendar month in which the Agreement is terminated by You or by toot. In no event, however, shall toot make payments for any earned balance less than $10. Notwithstanding the foregoing, toot shall not be liable for any payment based on: (a) any amounts which result from invalid impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by toot. (b) Ads delivered to end users whose browsers have JavaScript disabled. toot reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending toot’s reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Site defaults on payment for such Ads to toot. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Pricing varies with campaigns. toot reserves the right to change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify toot in writing within thirty (30) days of any such payment. Payment is calculated solely based on records maintained by toot. No other measurements or statistics of any kind shall be accepted by toot. Payments will be settled in US dollars ($US).

Publicity. You agree that toot may use Your name and/or logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers. If You wish to use toot's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You should contact toot first and get the appropriate approval by writing.

Representations and Warranties. You represent and warrant that (a) all of the information provided by You to toot to enroll in the Program is correct and current; (b) You are the owner of the Site or that You are legally authorized to act on behalf of the owner of such Site for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in Your performance of any acts hereunder. You further represent and warrant that Your Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, product liability, tort, or contract theories; (iii) are not pornographic, hate-related or otherwise violent in content. are not false, deceptive or misleading; (iv) are not defamatory, libelous, slanderous or threatening; and (v) are free of viruses, Trojan horses, trap doors, back doors, worms, time bombs, "spyware" and other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information.

Your Obligation to Indemnify. You agree to indemnify, defend and hold toot, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Site, and/or Your breach of any term of this Agreement.

toot Rights. You acknowledge that toot owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Program (including toot’s ad serving technology, and Brand Features, and excluding items licensed by toot from third parties), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from toot services, software, or documentation, or create or attempt to create a similar service or substitute or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter toot’s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within toot services.

Miscellaneous. This Agreement shall be governed by the laws of the Hashemite Kingdom of Jordan. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in the courts of Amman. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by toot. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell or transfer any of Your rights hereunder. Such attempts may result in termination of this Agreement, without liability to toot. toot may assign this Agreement to any affiliate at any time without notice. The relationship between toot and You is not one of a legal partnership relationship, but is one of independent contractors.