1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
1.1 Directory-Index.Net Submit Service ("Directory-Index.Net Submit" or the "Service"), is provided to you ("you" or "Applicant") under the terms and conditions of this Directory-Index.Net Service Agreement (the "Agreement").
1.2 BY COMPLETING THE SERVICE REGISTRATION FORM AND 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 Directory-Index.Net 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.
2.0 DESCRIPTION OF DIRECTORY-INDEX.NET SUBMIT SERVICE
2.1 Featured Sponsor Listing is a fee-based service that allows you to pay for expedited consideration of your web site for possible inclusion in Directory-Index.Net Search Engine Friendly Web Directory (the "Directory"). Inclusion in the Directory is not guaranteed. When you submit through Directory-Index.Net Submit, Directory-Index.Net's editor team will review your site for compliance with minimum site criteria (see section 3.0 below) and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in Directory-Index.Net Submit in accordance with this Agreement, Directory-Index.Net agrees that its Directory-Index.Net editor team will review your site for possible inclusion in the Directory, and respond to you within three (3) business days from the date that you submit your site for consideration (excluding holiday periods observed by Directory-Index.Net and any delays due to problems processing your request). Response times are measured on Directory-Index.Net's mail servers.
2.2 In order for Directory-Index.Net to consider your site for inclusion in the Directory, you must subscription to Directory-Index.Net via PayPal. You agree that PayPal will be charged the then-current from your PayPal account, applicable NON-REFUNDABLE fee for expedited review and response. If your site is included, you agree that each month, your site will be subject to an additional review for minimum site criteria and Directory-Index.Net will be charged the then-current Monthly Fee via PayPal. Directory-Index.Net reserves the right to remove your site from the Directory for any reason, in our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below
2.3 NOTHING IN THIS AGREEMENT OBLIGATES DIRECTORY-INDEX.NET TO LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON YAHOO! OR IN THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES DIRECTORY-INDEX.NET TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.
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 MINIMUM SITE CRITERIA
3.1 All web sites submitted to Directory-Index.Net Submit must meet the following minimum criteria:
- If the site is a commercial web site, the official business name must be visible to any visitor to that site;
- The site must clearly define its purpose, products, and/or services;
- The site must not contain any parts under construction;
- The site must not contain identical content under a different URL;
- The site must support multiple browsers and capabilities (e.g., no Java-only sites);
- The site must be in the English language (or have an English version available), if the site is not English language must be submit sites to the appropriate category under Regional;
- The site must be up and running 24 hours a day, 7 days a week;
- The site must not be dedicated to directing the user to another page;
- The page may not give the search engine different content than what the end-user sees.
- The site must not contain any content, products, services or other information that may be illegal to sell under any applicable law, that may infringe or violate anyone's rights, or that, Directory-Index.Net believes, in its sole discretion, is offensive.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND DIRECTORY-INDEX.NET, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING OR REMOVING A SITE
4.0 SELECTION AND LISTING OF SITES
4.1 Directory-Index.Net reserves the right to decide whether, where, and how a site is listed in the Directory. If Directory-Index.Net accepts your site for inclusion in the Directory, Directory-Index.Net will consider your preferences, but reserves the right to list your site in any category or subcategory as Directory-Index.Net deems appropriate, in its sole discretion. Directory-Index.Net reserves the right not to include any specific keywords, comments, or annotations with the listing of a site in the Directory.
4.2 Directory-Index.Net also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
5.0 FEEDBACK
5.1 Directory-Index.Net will contact Applicant by email describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by reply email describing to Applicant by Directory-Index.Net. Directory-Index.Net must receive the Applicant's email within fifteen days from the date that Directory-Index.Net transmits the rejection email to the Applicant. If the request is timely received, Directory-Index.Net will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If Directory-Index.Net reaffirms its denial of the site, no further appeals or submissions will be considered.
6.0 TERMINATION
6.1 If you wish to terminate participation in the Directoty-Index.Net Submit program, you must send a notice to Directory-Index.Net as set forth in Section 11,"Notices,"below. Please state that you wish to terminate your site's inclusion in the Directory-Index.Net Search Engine Friendly Web Directory and from Directory-Index.Net Submit. To avoid your PayPal being billed for the Recurring Monthly Fee, requests for termination must be received byDirectory-index.net at least five (5) business days before the end of the month that you intend to be your last month of participation. Once Directory-Index.Net receives such notification from you, your participation in the Directory-Index.Net Submit program will cease and your listing will be removed at the end of the month. If you request that your listing be removed before the end of a month for which you have pre-paid the Recurring Monthly Fee, you agree that Directory-Index.Net will not be required to refund any portion of such fee.
7.0 APPLICANT PRIVACY
7.1 Directory-Index.Net maintains information about Applicant on Directory-Index.Net servers, including but not limited to Applicant's registration information. Applicant agrees that Directory-Index.Net may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that Directory-Index.Net 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 Directory-Index.Net or others; provided, however, that nothing in this section shall impose a duty on Directory-Index.Net to make any such disclosures.
7.2 Directory-Index.Net may contact Applicant regarding Directory-Index.Net Submit 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 Directory-Index.Net's advertisers.
8.0 INDEMNITY
8.1 Applicant agrees to indemnify, defend and hold harmless Directory-Index.Net, 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, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Directory-Index.Net 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.
9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
9.1 THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS 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.
9.2 DIRECTORY-INDEX.NET, 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 DIRECTORY-INDEX.NET IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, DIRECTORY-INDEX.NET'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR DIRECTORY-INDEX.NET'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.
9.3 DIRECTORY-INDEX.NET'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO DIRECTORY-INDEX.NET UNDER THIS AGREEMENT.
10.0 FORCE MAJEURE
10.1 Directory-Index.Net 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.
11.0 NOTICES
11.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Directory-Index.Net, such notices shall be addressed to editor@directory-index.net or to Directory-Index.Net Submit Producer at 162/24 MOO5, PRAKESAMAI, MAUNG, SAMUTPRAKAN 10280 THAILAND. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Directory-Index.Net is notified of any changes to Applicant's address as specified in this Section.
12.0 ENTIRE AGREEMENT
12.1 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.
13.0 GENERAL
13.1 The section titles in the Agreement are for convenience only and have no legal or contractual effect.
