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By opening an account with BrowseHosts.com, you are entering
into a binding and enforceable legal agreement with BrowseHosts.com
as set forth below. Please read these Terms and Conditions
carefully since, by opening an account with BrowseHosts.com,
you are signifying your assent to this agreement. As used
in this agreement, the terms "Advertiser" and
"You" mean you, individually, and the company
or entity which you represent.
PAYMENT:
Advertiser agrees to pay BrowseHosts.com all applicable
charges to your account in United States dollars, in accordance
with the terms of the program, including, if any, all applicable
taxes, in accordance with billing terms in effect at the time
the fee becomes payable. You understand that you will be charged
for all clicks on your listings that originate from a search,
and that such charges will be based on the number of clicks
on all your search listings, multiplied by the amount you
have bid for each such search listing. Goods and services
provided by BrowseHosts.com,
orders paid
through 2Checkout.com will be sold by 2CheckOut.com Inc. (Ohio,
USA).
REPRESENTATIONS
AND WARRANTIES: You
represent and warrant that you have sufficient authority
to enter into this Agreement. You represent and warrant
that each of your search listings meets the standards and
requirements of BrowseHosts.com, as outlined below.
You will not hold BrowseHosts.com its owners or affiliates
liable or responsible for the activities of visitors who
come to your site(s) through a link provided from BrowseHosts.com.
SITE
STANDARDS: Sites
in BrowseHosts.com Directory may not promote violence; promote
discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age; promote illegal
activities; and violate or infringe upon the rights of any
third party, including intellectual property rights.
Accounts with listings linking to such material are subject
to termination. BrowseHosts.com reserves the right
to terminate said accounts at any time. YOUR
SITE: You
hereby acknowledges that BrowseHosts.com is not responsible
for maintenance of your web site(s). You are responsible
for updating search listings for changes in links and/or
content.
AFFILIATES
PROGRAM: Your
participation in the program is solely for this purpose:
to legally advertise the BrowseHosts.com search engine and
receive a commission based on deposits and/or click-throughs
by your referred individuals.
REVOCATION OF AFFILIATE STATUS: Your
affiliate application and status in the program may be suspended
or terminated for any of the following reasons:
Inappropriate advertisements (False claims, misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, etc...)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights (copying BrowseHosts.com
material other than promotion material and/or material proposed
in our member area).
Fraudulent
Clicks (having anthing other than a human search for and
click on the results, such as a robot. BrowseHosts.com monitors
clicks 24/7 to ensure the integrity of our site).
AFFILIATE
PAYMENT: BrowseHosts.com
offers Affiliates the chance to earn money.
Search
Box and/or Custom Search Engine
Affiliates
that add our search box and/or custom search engine to their
site can earn a 20% commission for click-thorughs on sites
listed on our own database. Results from our own database
are listed on top of the search results, increasing exposure
for our advertisers and increasing the potential earnings
for our affiliates. Affiliate earnings are automatically
added to your Referall balance and stats are available for
you to monitor 24/7.
AFFILIATE
PROGRAM DISCLAIMER: BrowseHosts.com
reserves the right to modify the rules and regulations of
the Affiliate program at any time. Notices for changes in
the affiliate program and other member news will be posted
in your account or sent by email.
INDEMNIFICATION:
Advertiser agrees
to indemnify and hold harmless BrowseHosts.com, and its
affiliates, from and against any losses, costs, damages
or expense (including reasonable attorneys' fees) resulting
from claims or actions arising out of or in connection with
Advertiser's website content or Advertiser's breach of any
agreement, representation or warranty hereunder, including,
without limitation, claims for infringement of copyright
or other intellectual property rights and violation of rights
of privacy and publicity.
DISCLAIMER
AND LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT USE OF
BrowseHosts.COM
IS AT YOUR OWN RISK. BrowseHosts.COM MAKES NO WARRANTY OF ANY
KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE
INCLUDING, WITHOUT LIMITATION, THE NUMBER OF CLICK-THROUGHS WHICH
WILL BE DELIVERED. BrowseHosts.COM SHALL NOT BE LIABLE FOR THE CONTENTS
OF ANY WEB SITES OR PAGES, NOR FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE
(INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED BY CLIENT INCLUDING,
WITHOUT LIMITATION, FOR ANY TECHNICAL MALFUNCTION, COMPUTER ERROR
OR LOSS OF DATA OR OTHER INJURY DAMAGE OR DISRUPTION TO CLIENT. IN
NO EVENT SHALL BrowseHosts.COM
LIABILITY EVER EXCEED THE TOTAL AMOUNT
PAID TO BrowseHosts.COM
BY ADVERTISER HEREUNDER. IN NO EVENT SHALL BrowseHosts.COM
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EVEN
IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BrowseHosts.COM
HAS
BEEN ADVISED OF THE POSSIBILITY THEREOF. BrowseHosts.COM
WILL NOT BE
LIABLE FOR, OR CONSIDERED TO BE IN BREACH OF OR IN DEFAULT, ON ACCOUNT
OF ANY DELAY OR FAILURE TO PERFORM AS ANTICIPATED BY THE PARTIES,
A DELAY IN CHANGING A BID BY YOU, OR IF ITS SITE BECOMES INOPERABLE
OR INCAPABLE OF PERFORMING AS INTENDED. BrowseHosts.COM
MAKES NO REPRESENTATIONS
THAT THE OPERATION OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
ERRORS.
RIGHT
TO REJECT LISTINGS: BrowseHosts.com
reserves the right to reject any and all listings, whether
new or submitted by current account holders, that do not
meet the standards of BrowseHosts.com directory, as outlined
within this agreement and within the site. CANCELLATION
OR TERMINATION:
If you are not satisfied with services provided by BrowseHosts.com,
or with any of the terms and conditions contained herein,
your sole remedy is to terminate your account. To
terminate account all you need to do is let the balance
run down to zero. Your account if you chose to do so, can
be reactivated at anytime by simply making a deposit.
MISCELLANEOUS: This
agreement shall be governed by and construed in accordance
with the substantive laws of the State of Missouri and jurisdiction
and venue of all matters relating to this agreement shall
be vested exclusively in the State of Missouri or Missouri
Supreme Court, County of Boone, and you agree to the jurisdiction
of such Courts. No waiver, modification or addition to this
agreement shall be valid. This agreement constitutes the
entire agreement between the parties relating to the participation
in BrowseHosts.com's pay-per-click program. BrowseHosts.com
reserves the right to change these terms and may change
this agreement by posting such changes. Advertiser's continued
participation following such changes shall be deemed an
assent to such changes. BrowseHosts.com reserves the
right to discontinue the pay-per-click program at any time.
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