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· All advertisements are subject to the publisher's
approval.
· APPI online advertising does not guarantee or endorse
product, service or company claims made in the advertisements.
· Advertising is separate from editorial content. Placement
of digital advertising or hyperlink adjacent to editorial
content on the same topic is prohibited.
· Advertisers and sponsors have no control over editorial
decisions or advertising policy.
· Advertisements may link off-site to a commercial
Web site. The Courier=Times does not assume any responsibility
for any material contained on the Web site to which it links.
· The Courier=Times reserves the right to decline or
cancel any submitted advertisement or discontinue posting
of any advertisement previously accepted. The Courier=Times
reserves the right to decline any link to or from the Courier=Times
Web site that is unacceptable.
· Advertising rates are tied to a calendar year, no
matter when an advertiser begins the schedule during the year.
· The Courier=Times reserves the right to increase
online advertising rates with 90 days notice.
· The Courier=Times reserves the right to change this
policy without notice.
Specific Statement
1. Prohibited Content. The
Courier=Times does not accept any Web Sites that contain:
indecent, obscene or pornographic material, hate speech, highly
explosive subject matter (as determined by The Courier=Times),
or any illegal subject matter or activities (collectively
referred to as the "Prohibited Content"). The Advertiser
represents and warrants that during the term of this agreement
its Web Site (s) participating in the Web site shall not contain
any Prohibited Content.
2. Approval. Use of The Courier=Times's
Web site is subject to prior approval of The Courier=Times.
The Courier=Times reserves the right to withhold approval
of use of its Web Site for any reason whatsoever. Although
the Client may apply for multiple Ads, each Ad must be submitted
for specific approval. The Courier=Times reserves the right
to deny approval of use of its Web Site for Ads whose content
is not written in (i) at least 50% English, or (ii) 100% Spanish.
We prefer you notify us ahead of time of any such preference
in content or design. Notices should be sent to ctbrinn@roxboro-courier.com
3. Term; Termination. These
terms and conditions, as and if amended, shall apply to the
Client for as long as the Client is a subscriber of the The
Courier=Times's Web Site. The Courier=Times reserves the right
to terminate this Agreement at anytime, for any reason whatsoever,
upon written notice to the Client. Notice may be provided
via e-mail or any other public means and will be effective
immediately. Upon receipt of such termination notice, the
The Courier=Times will immediately remove Client HTML code
from its Web Site. In the case of termination, provided that
the Client has an outstanding account balance equal to or
greater than twenty-five dollars ($25.00 U.S.D.), The Courier=Times
will pay Publisher all legitimate moneys due during the next
billing cycle as set forth in Section 12 below.
4. Limitation of Liability.
EXCEPT AS PROVIDED IN SECTION 6 BELOW WITH RESPECT TO INDEMNIFICATION,
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE
OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT
OF THE RELATIONSHIP PROVIDED HEREIN. IN NO EVENT SHALL THE
COURIER=TIMES'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED
THE FEES PAID TO THE COURIER=TIMES UNDER THIS AGREEMENT. THE
CLIENT AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST THE COURIER=TIMES
FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THIS AGREEMENT. NO ACTION, SUIT OR PROCEEDING SHALL BE
BROUGHT AGAINST THE COURIER=TIMES MORE THAN ONE YEAR AFTER
THE DATE OF SERVICE UNDER THIS AGREEMENT.
5. Indemnification. The Client
is solely responsible for any and all legal liability arising
out of or relating to (i) the content and other material set
forth on the Coutier=Times Web Site and/or (ii) any content
or material to which visitors can link through the Courier=Times
Web Sites The Client hereby agrees to indemnify, defend and
hold harmless The Courier=Times and its officers, directors,
agents, affiliates and employees from and against all claims,
actions, liabilities, losses, expenses, damages, and costs
(including, without limitation, reasonable attorneys' fees)
that may at any time be incurred by any of them by reason
of any claims, suits or proceedings (a) for libel, defamation,
violation of right of privacy or publicity, breach of contract,
copyright infringement, trademark infringement or other infringement
of any third party right, fraud, false advertising, misrepresentation,
product liability or violation of any law, statute, ordinance,
rule or regulation throughout the world in connection with
the Courier=Times Web Sites (b) arising out of any material
breach by the Courier=Times of any duty, representation or
warranty under this or any other agreement with The Courier=Times;
or (c) relating to a contaminated file, virus, worm, or Trojan
horse originating from the Publisher Web Sites Any claim for
indemnification hereunder shall be further subject to the
following provisions: (x) the indemnifying party shall be
given written notice of the claim within 15 days of receipt
of the demand by the indemnified party; (y) the indemnifying
party shall have the right to control the defense and all
negotiations relative to the settlement of any such claim;
and (z) the indemnified party shall reasonably cooperate with
the indemnifying party and its counsel.
6. Applicability. These terms
and conditions, as and if amended, shall, along with the provisions
of any Purchase Contract entered into between the parties,
constitute the entire and only Agreement between the parties
regarding the Client use of The Courier=Times Web Site, and
shall supercede all previous communications, representations
or Agreements, whether written or oral between the parties.
7. Representations and Warranties.
The Client represents and warrants that (i) all content, products,
and services on its Web Site are legal to distribute, that
it owns or has the legal right to use any and all copyrighted
material; (ii) its Web Sites do not, and will not during the
term of this Agreement, contain any Prohibited Content; and
(iii) it will conduct its business in compliance with all
applicable laws, rules and regulations. Client further represents
and warrants that it shall NOT:
(a) Resell use of the Courier=Times site to other Web Sites,
or any other third parties.
(b) Intentionally solicit, induce, recruit, encourage,
directly or indirectly, any advertiser that is known to
the Courier=Times to be an advertising client and/or customer
of The Courier=Times (e.g., an advertiser which runs advertisements
on Publisher's Web Site through The Courier=Times's Web
Network), for purposes of offering products or services
that are competitive with The Courier=Times (including the
provision of advertising inventory) nor contact such advertisers
for any purpose, during the term of Client term of use of
The Courier=Times's Web Site and for the 90-day period following
termination of Client term of use of The Courier=Times Web
Site, provided however, that the foregoing restriction shall
not apply to advertisers with whom Publisher already has
a relationship prior to the placement of advertising on
The Courier=Times site on behalf of such advertisers by
The Courier=Times, as explicitly proven by documented evidence
of such prior relationship provided by Publisher to The
Courier=Times immediately upon The Courier=Times's written
request.
(c) Without The Courier=Times prior approval, serve ads
in downloadable applications.
(e) Alter, copy, modify, take, sell, re-use, or divulge
any of The Courier=Times's Web Site computer code, except
as is necessary to partake in the Web Network, provided,
(f) Attempt to generate visitor interest or promote its
Web Site through use of unsolicited e-mail or inappropriate
newsgroup postings; any method of auto-spawning of browsers;
automatic redirecting of users; clicking on The Courier=Times
Site served on the Client Web Site; blind text links; misleading
links; or any other method that may lead to artificially
high numbers of visitors.
8. Remedy. The Courier=Times
reserves the right to withhold payment and take appropriate
legal action to cover its damages against any Client that
violates these terms or breaches the representations and
warranties set forth in this Agreement, or commits fraudulent
activity against The Courier=Times.
9.. Counting. The Courier=Times
shall have the sole responsibility for calculation of statistics,
including Impressions and click-through numbers. Greenwich
Mean Time (GMT) shall be the time period for traffic and
tracking purposes. Statistics shall be available to the
Client online at http://www.roxboro-courier.com/adsolutions/mthly_Activity_statistics.htm
The client understands that The Courier=Times's online statistics
may not be 100% accurate and that The Courier=Times may
make adjustments to Publisher's online statistics at the
end of each calendar month to account for, among other things,
specific contractual provisions and statistical errors.
10. Publicity. The Courier=Times
shall have the right to reference and refer to its work
for, and relationship with, the Client for marketing and
promotional purposes. No press releases or general public
announcements shall be made without the mutual consent of
The Courier=Times and the Client.
11. Payment. Payments will
be based on weekly time slots and contract duration and
shall be made to The Courier=Times upon execution of the
initial agreement. A $25 fee will be assessed for returned
checks.
12. Modifications. The
Courier=Times reserves the right to change any conditions
of this contract at any time. Publishers are responsible
for complying with any changes to The Courier=Times Web
Site Terms and Conditions within 10 business days from the
date of change.
13. Warranties. THE COURIER=TIMES
MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT),
GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES,
CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL,
WRITTEN OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN.
ALL ORDERS ARE CONTINGENT UPON THE COURIER=TIMES'S ABILITY
TO PROCURE NECESSARY ON-LINE ACCESS AND UPON DELAYS CAUSED
BY ACCIDENTS, WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES
BEYOND ITS CONTROL. THE COURIER=TIMES WILL MAKE EVERY EFFORT
TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO
GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET
SAID DATES.
14. Governing Law. The relationship
between The Courier=Times and the Client will be governed
by, and construed in accordance with, the laws of the State
of North Carolina without regard to its laws or regulations
relating to conflicts of laws. The Client hereby irrevocably
consents to the exclusive jurisdiction of the courts of
the State of North Carolina and the federal courts situated
in the State of North Carolina in connection with any action
arising between the parties.
15. Severability and Waiver.
If any provision of this agreement shall be held or made
invalid or unenforceable by a court decision, statute, rule
or otherwise, the remaining provisions of this agreement
shall not be affected thereby and shall continue in full
force and effect. Any waiver (express or implied) or delay
by The Courier=Times of any default or breach of this agreement
shall not constitute a waiver of any other or subsequent
default or breach.
16. Privacy. The Client
shall support The Courier=Times commitment to protect the
privacy of the web surfer community; such commitment is
set forth in The Courier=Times Privacy Statement which is
hereby incorporated into these terms and conditions.
The policy set forth below is applicable to this site (www.roxboro-courier.com).
It in no way supercedes the policies of it's Advertisers.
Privacy Policy
Your privacy on the Internet is important to us. As part
of the operation of our site, we gather certain types of
information about our users, and we would like to explain
the types of information we gather, what we do with it and
how to correct or change the information.
Use of Cookies
Our site does not uses "cookies" to collect information.
A cookie is a small data file that most major websites write
into your hard drive for record keeping purposes when you
visit them. Cookies allow a website to measure activity
on their site and to improve your user experience, for example
by remembering your passwords and viewing preferences, thus
allowing you to visit various member-only parts of the site
without re-registering.
You may occasionally get cookies from advertisers on the
site, which is standard on the Internet. These cookies are
outside the control of our site, and are not subject to
our privacy policy. Most browsers are initially set to accept
cookies. If you'd prefer, you can set yours to refuse cookies
or to alert you when cookies are being sent.
Third Party Advertising
The ads appearing on this Web site are delivered to you
by The Courier=Times. Information about your visits to this
site, such as number of times you have visited a page (but
not your name, address, or other personal in-formation),
is used for statistical purposes only.
Individuals 13 Through 17
No information should be submitted to or posted on the site
by users under the age of 13 years without consent of their
parent or guardian. The site does not provide any personally
identifying information, regardless of its source collected
from users under the age of 13 to any third party for any
purpose whatsoever unless disclosed during collection. Users
under the age of 13 are asked not to participate in contests
or other promotional opportunities, and the site does not
knowingly collect information from users under the age of
13.
We request that children under the age of 18 do not submit
or post information to the site without a parent or guardian's
consent. Users under the age of 18 and over 13 permitted
to participate in contests or other promotional opportunities,
and the site does not knowingly collect information from
users under the age of 18.
Links to Other Sites
It is important to note that this site contains links to
other sites, and that those sites may not follow the same
privacy policies as our site. For instance, if you click
on an advertisement on the site, this will take you away
from the site and to an entirely different site. This can
include links from advertisers, content providers and partners
who may use the sites' logo and or style as a result of
a co-branding agreement. These sites may send their own
cookies to you, and may collect data and make uses of it
that the sites would not.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF
USE AND PRIVACY POLICY.
We reserve the right to change this policy at any time by
posting a revised privacy policy.
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Copyright
Roxboro Media, Inc. 2004