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Service Agreement

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Best Directory Submit is a service for webmasters, site owners, and marketing organizations to quickly have their site reviewed for inclusion in the Best Directory.

IN THE FOLLOWING AGREEMENT ‘BD’ ALWAYS MEANS bestdirectory.tripod.com AND ‘Best Directory’ ALWAYS MEANS bestdirectory.tripod.com

Acknowledgement and Acceptance of Service Agreement

The Best Directory submits is provided to you under the terms and conditions of this Best Directory Submit Service Agreement (the "Agreement"). Best Directory reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.

BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "Submit" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Description of Best Directory Submit Service

Best Directory Submit is a fee-based service provided by Best Directory consider your web site for inclusion in the Directory (the "Directory"). INCLUSION IS NOT GUARANTEED. Subject to the terms below, if your web site is accepted, then your web site's continued inclusion in the Directory will be subject to additional review each year and to the applicable NON-REFUNDABLE recurring annual fee. By signing up with Best Directory Submit, Best Directory (BD) will consider and respond to your request for inclusion in the Directory. In consideration of your payment and participation in Best Directory Submit in accordance with this Agreement, BD agrees that an editor will look at your site, consider it for inclusion in the Directory, and respond to you within two (2) business days from the date that you submit your site for consideration (excluding holiday periods observed by BD and any delays due to problems processing your request). If your site offers services on a subscription basis, you must provide BD a trial password or subscription ID as part of the registration form. The password/subscription ID will be valid for a period of not less than 60 days and will be used by BD solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below.

You must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the applicable NON-REFUNDABLE fee for initial consideration for Best Directory Submit. If your site is included, you agree that after one year, your credit card will be charged the recurring annual fee for additional review and continued inclusion in the Directory. BD, however, reserves the right to remove your site if it fails to meet the minimum criteria below.

The current fee for Best Directory Submit for initial consideration in the Directory is a NON-REFUNDABLE fee of US $19 applicable for each web site submitted. You acknowledge that the payment of this fee is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED IN THE DIRECTORY. Your payment only guarantees that an editor will consider and respond to your request within three business days, by either accepting or not accepting your site. You expressly agree to pay to BD such fee whether or not your site is accepted or denied inclusion. If your web site is accepted for inclusion, then your web site's continued inclusion in the Directory will be subject to additional review each year and you agree that your credit card will be charged the recurring annual fee. If you chose to submit your web site at the one-time review fee of US $149, and your web site was accepted into the Best Directory, it WILL NOT be subject to recurring annual review fees. If BD is unable to successfully charge your card or if the charge is refused, your site may be removed.

NOTHING IN THIS AGREEMENT OBLIGATES BD TO LIST, LINK TO, OR ACCEPT YOUR SITE ANYWHERE ON BD OR IN THE DIRECTORY. IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES BD TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY, OR TO PROVIDE ANY SPECIFIC DESCRIPTIONS.

Do not submit your site to Best Directory Submit program if your site already appears in the Directory. If you submit a site that already exists in the Directory, your credit card will be charged the applicable fee. Nor should you submit change requests to the Best Directory Submit program. 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 contact BD’s sales department with the email provided

Minimum Site Criteria

All web sites submitted to Best Directory Submit must meet the following minimum criteria:

  • The site must not already appear in the Directory;
  • The site must contain unique content, as determined by a BD editor;
  • The site must not contain any parts under construction;
  • The site must clearly define its purpose, products, and/or services;
  • All links on the site must work;
  • The site must be in the English language (or have an English version available);
  • 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, BD believes, in its sole discretion, is offensive.

Please note that the above listed are the minimum site criteria only, and BD editors use additional factors in deciding whether of not to accept your site for inclusion.

Selection and Listing of Sites

BD reserves the right to decide whether, where, and how a site is listed. If BD accepts your site, BD reserves the right to list your site in any category or subcategory as BD deems appropriate, in its sole discretion. BD reserves the right not to include any specific keywords in the title or description of your site. BD also reserves the right, in its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, at any time, for any reason.

Feedback

BD 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 appeal of the site at no additional charge by sending an email to the address provided by BD. BD must receive the Applicant's email within thirty days from the date that BD transmits the rejection email to the Applicant. If the request is timely received, BD will again review the Applicant's site and will then notify Applicant of its final decision regarding including the site in the Directory. If BOTW reaffirms its denial of the site, no further appeals or submissions will be considered.

If BD accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, at no additional charge by sending an email to the address provided by BD. BD must receive the Applicant's email within thirty days from the date that BD transmits the acceptance email to the Applicant. If the request is timely received, BD will again review the Applicant's site and will then notify Applicant of its final decision regarding the site. Once a site is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must notify BD.

Participation

If you wish to discontinue participation in the Best Directory Submit program, you must send a notice to BD as set forth in the Section, "Notices," below. Please state that you wish to withdraw your site from Best Directory Submit. To avoid your credit card being billed for the Recurring Annual Fee, requests for withdrawal must be received by BD at least ten (20) business days before the end of the year that you intend to be your last year of participation. The "end of the year" is defined as 365 days from the date that your web site was added to the Directory as noted on the confirmation emailed to you at that time. Once BD receives such notification from you, your participation in the Best Directory Submit program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that BD will not be required to refund any portion of such fee.

Applicant Privacy

BD maintains information about Applicant on BD servers, including but not limited to Applicant's registration information. Applicant agrees that BD may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that BD 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 BD or others; provided, however, that nothing in this section shall impose a duty on BD to make any such disclosures. BD may contact Applicant regarding Best Directory 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 BD advertisers.

Indemnity

THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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.

BD (Best Directory), AND ITS PARENTS, SUBSIDIARIES, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, 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 BOTW IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, BD'S ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR BD'S CONTINUED LISTING OF A SITE IN THE DIRECTORY.

BD'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO BOTW UNDER THIS AGREEMENT.

Force Majeure

BD 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.

Notices

Any notices or communications under the Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to BD, such notices shall be addressed to admin@bestdirectory.cjb.net. 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 BD is notified of any changes to Applicant's address as specified in this Section.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter.

 

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                                  Copyright  2005-2006 [BestDirectory]. All rights reserved.
                                 Revised: 22 April, 2006 .