WebSquare.com LISTING SERVICE AGREEMENT
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 The WebSquare.com Service ("WebSquare.com" or the "Service"), owned and operated by America Web Group, Inc
is provided to you ("you" or "Applicant") under the terms and conditions of this WebSquare.com Listing Service
Agreement (the "Agreement").
1.2 BY CLICKING THE "I ACCEPT"
BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT
YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE
REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1.3 WebSquare.com reserves the right, in its sole discretion, to change, modify,
add, or remove all or part of the Agreement at any time with or without
notice. Please refer back to this Agreement often.
2.0 DESCRIPTION OF WebSquare.com LISTING SERVICE
2.1 WebSquare.com Listing is a fee-based service that allows you to pay for
inclusion in WebSquare.com's directory of web sites (the "Directory").
2.2 You agree that your credit card will be charged the then
current, applicable NON-REFUNDABLE fee for listing.
2.3 The current fee for WebSquare.com Listing in the main category is a NON-REFUNDABLE fee of US $399.00 per month.
The current fee for WebSquare.com Listing in the sub-category is a NON-REFUNDABLE fee of US $199.00 per month.
site submitted that does not include adult content and/or services.
If you need to make a change to your listing in the Directory (this includes changing the
URL, title, and/or description of the existing site), you must email to sale@websquare.com
2.4 YOUR REPRESENTATIONS REGARDING YOUR SITE
You represent and warrant that the site you are submitting for
consideration does not and will not infringe the rights of any third party,
including without limitation any Intellectual Property Rights, rights of
publicity, rights of personality, rights of privacy, rights to payment of
royalties, or any other rights of third parties not specifically identified in
this Section. Further, you warrant and represent that all aspects of the site
submitted for consideration comply with all applicable laws and regulations.
3.0 APPLICANT PRIVACY
3.1 WebSquare.com maintains information about Applicant on WebSquare.com servers,
including but not limited to Applicant's registration information. Applicant
agrees that WebSquare.com may use such information in aggregate form for marketing or
other promotional purposes. Applicant agrees that WebSquare.com may disclose such
information in the good faith belief that such action is reasonably necessary:
(a) to comply with the law or legal process; (b) to enforce this Agreement; or
(c) to protect the rights or interests of WebSquare.com or others; provided, however,
that nothing in this section shall impose a duty on WebSquare.com to make any such
disclosures.
3.2 WebSquare.com may contact Applicant regarding WebSquare.com Listing using the
Applicant's email address provided during the registration process (or as
updated by Applicant). Such email messages may contain opportunities regarding
special offers and new products from WebSquare.com's advertisers.
4.0 INDEMNITY
Applicant agrees to indemnify, defend, and hold harmless WebSquare.com, and its
parents, subsidiaries, affiliates, officers, directors, shareholders,
employees, and agents, for all losses and costs related to any claim or
demand, including reasonable attorney's fees, made by any third party due to
or arising out of Applicant's use of or listing in the Service, any alleged violation of this
Agreement, or any alleged violation of any rights of others. WebSquare.com reserves
the right, at its own expense, to assume the sole and exclusive defense and
control of any matter subject to indemnification by Applicant, which shall not
excuse Applicant's indemnity obligations.
5.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER Listing OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER
THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS
OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR
ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
WebSquare.com, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF
BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS,
OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER, EVEN IF WebSquare.com IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN
ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, WebSquare.com'S
ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR WebSquare.com'S CONTINUED LISTING OF
A SITE IN THE DIRECTORY.
WebSquare.com'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT
ACTUALLY PAID BY APPLICANT TO WebSquare.com UNDER THIS AGREEMENT.
6.0 FORCE MAJEURE
WebSquare.com is not liable for any delay or failure in performance under the
Agreement resulting directly or indirectly from acts of God, terrorism, or
other causes beyond its reasonable control.
7.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with
respect to the Service and supersedes all previous or contemporaneous
proposals, both oral and written, representations, writings, and all other
communications between the parties with respect to such subject matter,
excluding the WebSquare.com Terms of Service and the WebSquare.com Privacy Policy.
8.0 GENERAL
The Agreement and the relationship between Applicant and WebSquare.com are
governed by the laws of the state of California, U.S.A., without regard to
that state's conflict of laws rules. Applicant and WebSquare.com hereby submit to the
personal and exclusive jurisdiction of the Superior Court of the State of
California for the County of Santa Clara or the United States District Court
for the Northern District of California for the resolution of disputes arising
from or in connection with this Agreement. WebSquare.com's failure to exercise or to
enforce any right or provision of the Agreement will not constitute a waiver
of such right or provision. If any provision of the Agreement is found by a
court of competent jurisdiction to be invalid, the parties never-the-less
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision and in the Agreement, without statutory
presumptions against the drafter, and they agree that all other provisions of
the Agreement will remain in full force and effect. The parties expressly
agree that the United Nations Convention for the International Sale of Goods
does not apply to this Agreement. Applicant agrees that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to the Service or to the Agreement must be filed in the Superior Court
of the State of California for the County of Santa Clara or the United States
District Court for the Northern District of California within one (1) calendar
year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no
legal or contractual effect.