Terms of Service

Last Updated: February 26, 2026

These Terms of Service ("Terms") govern your access to and use of the FifthBoston Ad Network platform and services ("Services") provided by FifthBoston Holdings, LLC ("FifthBoston," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Services, you represent that you:

• Are at least 18 years of age
• Have the legal authority to enter into these Terms
• Are not prohibited from using our Services under applicable law
• Will comply with all applicable laws and regulations

If you are using the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

FifthBoston Ad Network provides a digital advertising platform that connects advertisers with publishers. Our Services include:

• Campaign creation and management tools for advertisers
• Ad zone setup and monetization tools for publishers
• Ad serving and delivery infrastructure
• Reporting and analytics dashboards
• Payment processing for advertising spend and publisher revenue

3. Account Registration

To use certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Advertiser Terms

4.1 Campaign Requirements

As an advertiser, you agree that all advertisements submitted to our platform:

• Comply with our Ad Guidelines
• Are truthful and not misleading
• Do not infringe any third-party intellectual property rights
• Comply with all applicable advertising laws and regulations
• Do not promote prohibited products or services

4.2 Payment Terms

• Advertising fees are charged based on the pricing model selected (CPM, CPC, etc.)
• Payment is due according to your billing arrangement (prepaid or invoiced)
• We reserve the right to suspend campaigns for non-payment
• All fees are non-refundable except as required by law or at our discretion
• You are responsible for all applicable taxes

4.3 Ad Review and Approval

All advertisements are subject to our review and approval. We may reject, suspend, or remove any ad at our sole discretion without prior notice or liability.

5. Publisher Terms

5.1 Publisher Requirements

As a publisher, you agree to:

• Only display ads on websites you own or have authorization to monetize
• Maintain websites that comply with our content policies
• Implement ad tags correctly according to our specifications
• Not artificially inflate impressions, clicks, or other metrics
• Not modify, obscure, or interfere with ad display
• Maintain accurate traffic and content representations

5.2 Revenue Share and Payments

• Publishers receive the agreed revenue share percentage for valid ad impressions and clicks
• Payments are made Net 15 after reaching the minimum threshold ($50)
• We reserve the right to withhold payment pending fraud investigation
• Invalid traffic (bots, fraud, etc.) will not be compensated
• You are responsible for providing accurate payment information

6. Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose
• Submit false, misleading, or fraudulent information
• Engage in click fraud, impression fraud, or any form of invalid traffic generation
• Attempt to circumvent any security measures or access restrictions
• Interfere with or disrupt the Services or servers
• Scrape, data mine, or collect data from our platform without authorization
• Reverse engineer, decompile, or disassemble any part of the Services
• Impersonate any person or entity
• Use automated systems (bots) except as expressly permitted

7. Intellectual Property

7.1 Our Intellectual Property

The Services, including all software, content, trademarks, and other materials, are owned by FifthBoston or our licensors. You receive only a limited, non-exclusive, non-transferable license to use the Services as permitted by these Terms.

7.2 Your Content

You retain ownership of content you submit to the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute that content as necessary to provide the Services.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIFTHBOSTON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless FifthBoston and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your content or advertisements
• Your violation of any third-party rights

11. Term and Termination

These Terms remain in effect until terminated. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Services immediately ceases
• Outstanding payment obligations remain due
• Provisions that by their nature should survive will survive termination

12. Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or prominent notice. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration administered by JAMS in accordance with its rules, except that either party may seek injunctive relief in court. The arbitration shall take place in New Jersey.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Ad Guidelines, constitute the entire agreement between you and FifthBoston.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations freely.

15. Contact Information

For questions about these Terms, please contact us:

FifthBoston Holdings, LLC
Email: legal@fifthboston.services
Address: Princeton Meadows, NJ, United States