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1. This Courier=Times Hosting
Advertising Agreement ("Agreement") is between Courier=Times,
and the Advertising Client (Client) to provide Virtual Hosting
("Hosting") on the Courier=Times Online Newspaper
WEB Site.
Qualification - Client must purchase a Two Month minimum at
regular price ("Basic Account") and pay E-Ads design
and setup fee. Reseller must pay regular price for Basic Account
for the duration of this Agreement in entirety at contract
signing. Accounts set up by Courier=Times are subject to the
terms and conditions of service as listed on Courier=Times
Web Site.
2. Billing - Client shall pay for the fist month of advertising
at time of signing. Courier=Times will bill Client the first
of the month, each consecutive month for all services. Client
agrees payment must be received generally within the first
week of each month following initial contract month. Other
terms may be extended solely at the discretion of Courier=Times.
Bills for partial periods may be prorated.
3. Discount Structure - Discounts from the Courier=Times
list prices shall be as stated in official, signed Client
Agreement, and are based on the Hosting Plan chosen. Courier=Times
reserves the right to change the (i) list prices at any
time with notice to Client and; (ii) discount structure
at any time with thirty(30) days advance notice to Client.
4. Account Cancellations - Reseller must submit a signed
statement to Courier=Times specifying the date of account
termination and advertising product to be terminated. Client
understands early cancellation requires payment in full
of the current month of Advertising Services provided by
the Courier=Times. A processing fee of $20/month of all
remaining months of contract term will be due at time of
cancellation.
5. Termination - The Courier=Times reserves the right to
terminate Hosting Agreement this agreement at any time for
any or no reason at the Courier=Times sole discretion.
6. Content - Although Courier=Times has a policy of monitoring
the content you place on our WEB Site, when questionable
material comes to Courier=Times attention, Courier=Times
reserves the right to remove without notice any content
that, in Courier=Times sole opinion, may result in a violation
of any federal, state, common or international laws or regulations
or that may be offensive to Courier=Times or to others.
7. Waiver of implied warranties - With respect to the Hosting,
Courier=Times provides services to Client on an "as
is" basis. The COURIER=TIMES EXPRESSLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Waiver of Damages - Courier=Times assumes no liability
for any loss, injury, claim, liability or damage of any
kind including loss of business, lost profits, lost data,
or failure of security resulting in any way from Client's
use of the Hosting, including without limitation any errors
or omissions, any content, any delay or failure of performance,
or the unavailability or interruption of service. Accordingly,
The COURIER=TIMES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORSEEABLE
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY
WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH
THE WEB HOSTING SERVICES OR THE FAILURE OF A PARTY TO PERFORM
ITS OBLIGATIONS, REGARDLESS OF ANY PARTY'S NEGLIGENCE. CLIENT
ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS The COURIER=TIMES
FROM ANY CLAIMS RESULTING FROM THIS AGREEMENT. Termination
of this Agreement shall be Client's sole and exclusive remedy
for any and all damages or injury.
8. General - If any provisions of this Agreement are deemed
invalid or unenforceable under applicable law, the remaining
provisions will continue in full force and effect. The Courier=Times
's failure to enforce any provision of this Agreement shall
not constitute or be construed as a waiver of that provision
or of the right to enforce it at a later time. This Agreement
shall be governed by the laws of the State of North Carolina.
This Agreement, in conjunction with the Terms and Conditions,
and Online Privacy Statement contains the entire understanding
between the Courier=Times and Client for provision of Hosted
Advertising. This Agreement supersedes and cancels any and
all prior and contemporaneous oral and written understandings
or agreements on this subject matter, except the Terms &
Conditions and Online Privacy Statement. Continued use of
Courier=Times services constitutes continued acceptance
of this Agreement, including any and all modified terms.
See also,
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Copyright
Roxboro Media, Inc. 2004