1. Copy and Material: Advertinet Inc. reserves the right to revise or reject for any reason at its sole discretion any artwork, graphics, written material or advertising copy submitted. Any advertising copy submitted to and approved by Advertinet Inc. shall not relieve the Customer of his responsibilities as stated in paragraph (3) . All advertising created by Advertinet Inc. shall remain the property of Advertinet and may not be reproduced in other publications, electronic media or any other materials without Advertinet’s written consent. All material submitted to Advertinet Inc. by the Customer shall remain in tile with Advertinet unless return is requested by the customer. Any shipping charges incurred in any return of materials requested by the Customer shall be paid for by the Customer.
2. Limitation of Liability: Advertinet Inc. shall not be liable for damages resulting from errors in any advertising or ad copy that it designs or hosts or from its failure to publish any advertisement that it has agreed to design or host. Advertinet Inc. shall not be liable for incidental, consequential, special or indirect damages suffered by any party as a result of omissions or errors even if Advertinet Inc. has been informed of such damages. Any errors should be reported to Advertinet Inc. by the customer within seven (7) days of publication.
3. Customer Responsibilities: Customer warrants that all content of advertising copy submitted does not infringe on any trademark or copyright and that any such trademarks, logos or copyrighted material submitted or requested by the Customer is being used with permission of the owner of such rights given to the Customer. Customer accepts liability for the content of any and all advertising submitted by the customer. Customer warrants to Advertinet Inc. that it’s copy is factual and that it is not defamatory, slanderous or libelous. Customer warrants that all material submitted complies with all applicable local, state, or federal laws and regulations including those that may be specific to that Customers industry or trade. Customer agrees to defend, indemnify and hold harmless Advertinet Inc. from any and all claims, demands,
liabilities, suits or expenses arising from the design and hosting of the Customers advertising for any reason.
4. Factors beyond control: Neither party shall be required to perform any term or condition so long as such performance is delayed, interrupted, delayed or terminated for reasons beyond the control of either party including acts of God, strikes, lockouts, material or labor restriction by any government authority, civil riot, floods, lightning, general reliability of the Internet or any other cause not reasonably within the control of the performing party and which by due diligence, such party is unable in part or in whole to prevent or overcome.
5. Warranty: Advertinet Inc. warrants that the work It performs will substantially conform to and operate in accordance with the operational and functional requirements and specifications set forth in the Customers order font,. If Advertinet Inc. is notified by the Customer that such work does not comply as stated, then Advertinet shall make every reasonable effort to repair said work so that it does conform as stated.
6. Litigation: Any litigation, disputes or lawsuits that incur from any unsatisfied party, either instigated by Advertinet Inc. or the Customer, that results in favor of Advertinet Inc. the Customer shall pay any and all legal fees incurred by Advertinet Inc. Said litigation, disputes or lawsuits that occur shall also be conducted in the City of Carmi, in the state of Illinois, United States of America.
7. Term: The term of this agreement for the purposes of hosting and monthly fees shall be for a period of two (2) years. All other parts of this agreement shall remain in effect for as long as the customer remains a client of Advertinet, Inc.
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Advertinet, Inc. |
Phone: 618-362-3066 |