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| Best of the Web Directory Submit is a service for
webmasters, site owners, and marketing organizations to quickly have
their site reviewed for inclusion in the BOTW Directory. |
| Acknowledgement and Acceptance of Service Agreement |
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The Best of the Web Directory Submit Service ("BOTW
Directory Submit" or the "Service"), is provided to you
under the terms and conditions of this BOTW Directory Submit Service
Agreement (the "Agreement"). BOTW 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 "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT
THAT YOU ARE 18 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. |
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| Description of BOTW Submit Service |
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BOTW Directory Submit is a fee-based service provided
by Best of the Web to consider your web site for inclusion in the BOTW
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 BOTW Directory Submit, BOTW
will consider and respond to your request for inclusion in the Directory.
In consideration of your payment and participation in BOTW Directory
Submit in accordance with this Agreement, BOTW agrees that an editor
will look at your site, consider it for 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 BOTW and any delays due to problems processing your request). If
your site offers services on a subscription basis, you must provide
BOTW 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 BOTW 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 BOTW 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.
BOTW, however, reserves the right to remove your site if it fails to
meet the minimum criteria below.
The current fee for BOTW Directory Submit for initial
consideration in the Directory is a NON-REFUNDABLE
fee of US $49.95 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 BOTW 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 $149.95, and your web site was accepted into the BOTW Directory,
it WILL NOT be subject to recurring annual review fees. If BOTW is unable to successfully charge your
card or if the charge is refused, your site may be removed.
NOTHING IN THIS AGREEMENT OBLIGATES BOTW TO LIST, LINK
TO, OR ACCEPT YOUR SITE ANYWHERE ON BOTW OR IN THE DIRECTORY. IF YOUR
SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES BOTW TO PLACE
YOUR SITE WITHIN A SPECIFIC CATEGORY, OR TO PROVIDE ANY SPECIFIC DESCRIPTIONS.
Do not submit your site to BOTW 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 BOTW
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 use the change form located in the login
panel associated with your account. If you submit change requests through
BOTW Directory Submit you will be charged the applicable initial consideration
fee, and the changes you submit will not be made. |
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| Minimum Site Criteria |
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| All web sites submitted to BOTW Directory Submit must meet the following
minimum criteria: |
- The site must be up and running 24/7;
- The site must not already appear in the Directory;
- The site must contain unique content, as determined by a BOTW 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 support multiple browsers and capabilities;
- 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, BOTW believes,
in its sole discretion, is offensive.
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| Please note that the above listed are the minimum site criteria
only, and BOTW editors use additional factors in deciding whether of
not to accept your site for inclusion. |
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| Selection and Listing of Sites |
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| BOTW reserves the right to decide whether, where, and how a site is
listed. If BOTW accepts your site, BOTW reserves the right to list your site in any category or subcategory as BOTW deems appropriate, in its
sole discretion. BOTW reserves the right not to include any specific keywords in the title or description of your site. BOTW 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 at any time,
for any reason. |
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| Feedback |
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BOTW 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 BOTW. BOTW must receive the Applicant's
email within thirty days from the date that BOTW transmits the rejection
email to the Applicant. If the request is timely received, BOTW 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 BOTW 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 BOTW. BOTW must receive the Applicant's email within thirty days
from the date that BOTW transmits the acceptance email to the Applicant.
If the request is timely received, BOTW 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 comply with BOTW's
standard change process form to make any changes to the listing in the
Directory |
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| Participation |
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| If you wish to discontinue participation in the BOTW Directory Submit
program, you must send a notice to BOTW as set forth in the Section,
"Notices," below. Please state that you wish to withdraw your
site from BOTW Directory Submit. To avoid your credit card being billed
for the Recurring Annual Fee, requests for withdrawal must be received
by BOTW at least ten (10) 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 BOTW receives such notification from you, your participation
in the BOTW 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 BOTW will not be required to refund
any portion of such fee. |
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| Applicant Privacy |
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| BOTW maintains information about Applicant on BOTW servers, including
but not limited to Applicant's registration information. Applicant agrees
that BOTW may use such information in aggregate form for marketing or
other promotional purposes. Applicant agrees that BOTW 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 BOTW or
others; provided, however, that nothing in this section shall impose
a duty on BOTW to make any such disclosures.
BOTW may contact Applicant regarding BOTW 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 BOTW advertisers. |
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| Indemnity |
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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.
BOTW, 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, BOTW'S
ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR BOTW'S CONTINUED LISTING
OF A SITE IN THE DIRECTORY.
BOTW'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED
THE AMOUNT ACTUALLY PAID BY APPLICANT TO BOTW UNDER THIS AGREEMENT. |
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| Force Majeure |
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| BOTW 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. |
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| Notices |
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| 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 BOTW, such notices shall be addressed to directorysubmit@botw.org
or to BOTW Submissions at 165 EAB Plaza, West Tower 6th Floor, Uniondale,
NY, 11556. 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 BOTW is notified of any changes
to Applicant's address as specified in this Section. |
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| Entire Agreement |
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| 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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