1. Services to Be Provided. FIND-A-SITE, Inc. (FIND-A-SITE) shall design and host the Customer's Home Page on the Internet and shall provide a Directory listing in the APPRAISERS ONLINE directory (appraisersonline.com) on the Internet (the Services). A directory listing shall have a link to Customer's Home Page.
2. Creation of Home Page. Customer shall provide the text and graphics to create the Home Page. The final design of the Home Page shall be subject to the reasonable approval of Customer. Customer is responsible for proofing and verifying the contents of the Home Page. If Customer does not accept the Home Page, it shall nevertheless be obligated to pay the setup fee listed on Customer's Order Form. After approval of the Home Page, additional changes may be made at any time by Customer upon payment of the regular rates in effect at the time. Minor changes in the text of Customer's Home Page, such as revised telephone numbers and newly discovered spelling mistakes or other minor typographical errors shall be corrected at no charge within a reasonable time after written or faxed notice of them is received by FIND-A-SITE. FIND-A-SITE retains the right to reject any material submitted by Customer for its Home Page.
3. Term; Termination.This Agreement shall commence upon the date that the Home Page first appears on the Internet, and shall continue for a period of one year. This Agreement shall automatically renew for subsequent additional terms of one year unless canceled in writing 30 days prior to the expiration date of any term. This Agreement may be terminated during the term or any renewal term by either party on thirty (30) days' prior written notice.
4. Payment for Services and Other Obligations.
(a) Customer shall pay for the Services in the manner and amount stated on the Order Form.
(b) The Customer shall pay for any sales and use taxes, duties, or levies imposed by any authority, government, or government agency (other than the property taxes and taxes levied on FIND-A-SITE's net income) in connection with the Services. (c) Customer shall be responsible for loss or damage to FIND-A-SITE caused by Customer's tampering with or attempting to modify the Home Page.
5. Modifications. The Customer shall not modify, alter, repair, attempt to repair, or in any way to tamper with the Home Page provided to Customer without the express written consent of FIND-A-SITE. If Customer makes such a modification, FIND-A-SITE shall be completely released from any liability or obligation (including any warranty or indemnity obligation) to Customer relative to the Services. Customer shall be liable to FIND-A-SITE for any costs or damages incurred by FIND-A-SITE (including damages to FIND-A-SITE's network) caused by such modification.
6. Warranties/Limitation of Liability.
(a) This Agreement is for the Services. FIND-A-SITE'S MAXIMUM LIABILITY TO CUSTOMER SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO FIND-A-SITE DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS. FIND-A-SITE SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF FIND-A-SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means FIND-A-SITE is not responsible or liable for any damages or costs incurred as a result of loss of time, loss of data, loss of anticipated profits or benefits resulting from use of the Services, nor for damages or costs incurred in connection with obtaining substitute support service or substitute software, claims by others, or similar costs. THE SERVICES ARE PROVIDED "AS IS" AND ALL WARRANTIES REGARDING SUCH SERVICES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(b) The nominal pricing of the Services reflects the allocation of risk between Customer and FIND-A-SITE as authorized by the Uniform Commercial Code and other applicable law.
(c) FIND-A-SITE shall not be liable for any damages caused by Customer's failure to perform Customer's responsibilities, or for any lost profits or other consequential damages, even if FIND-A-SITE has been advised of the possibility of such damages, or for any claim against Customer by any other party.
(d) FIND-A-SITE shall not be liable to Customer or any of Customer's customers or clients or users of Customer's services for any act or omission of any other entity furnishing the Services which are required by Customer to use the service. Nor will FIND-A-SITE be liable to any person for any damage or losses due to the fault or negligence of Customer, or for the failure of any products or services provided by Customer. (e) FIND-A-SITE shall not be responsible in contract or in tort for the unauthorized access to, or alteration, theft or destruction of data files, programs, procedure and/or information of Customer by any person through accident or by fraudulent means or devices. (f) Customer warrants that the contents of its Home Page shall comply with all state and federal regulations, that, if Customer's business is that of a licensed profession, Customer has the proper licenses to provide the service stated in its Home Page, and that, if Customer is a member of a professional or trade association that has a Code of Ethics with restrictions or guidelines on advertising, that Customer's Home Page conforms with those restrictions or guidelines.
(g) Customer warrants that it has the right to use any trademark, service mark, or trade name as displayed in its Home Page. Customer also warrants that it has the right to use any name, portrait, picture or illustration of a person shown in the material submitted for its Home Page, and that if such right is lost or withdrawn, Customer shall immediately instruct FIND-A-SITE to delete such material.
(h) Customer shall indemnify and hold harmless FIND-A-SITE from claims, demands, suits, or causes of action, including attorneys fees, incurred by FIND-A-SITE as a result of the breach of any warranty made in this Agreement by Customer.
7. Misuse of the Services.
(a) The Services are furnished subject to the condition that there will be no misuse, abuse or fraudulent use thereof. Misuse, abuse and fraudulent use of the Services shall include (without limitation) a direct or indirect:
(i) obtaining, or attempting to obtain, the Services by rearranging, tampering with, or making connection with any facilities of FIND-A-SITE, or by any trick, scheme, false representation or false credit device, or by or through any other fraudulent means or devices, with intent to avoid payment, in whole or in part, of the regular charges for the Services;
(ii) attempting to, or actually obtaining, accessing, altering, or destroying the data files, programs, procedures and/or information of another customer of FIND-A-SITE by rearranging, tampering with or making connection to any facilities of FIND-A-SITE, or by any trick, scheme, false representation or through any other fraudulent means or devices whatsoever;
(iii) using the Services in such a manner as to interfere unreasonably with the use of any portion of the Internet.
(a) FIND-A-SITE will not be responsible for any delay in, or failure of, shipment or delivery or other duties due to any occurrence commonly known as force majeure, or any other causes, circumstances, or contingencies, beyond FIND-A-SITE's control, which prevent or hinder the performance by FIND-A-SITE of any of its obligations.
(b) This agreement and its performance shall be governed by and construed in accordance with the laws of the State of New York.
(c) No employee, agent or representative of FIND-A-SITE, other than an officer is authorized to make any additional representation or warranty with respect to the Services. Any such additional term must be made in writing.
5. Execution of order form binds Customer to these terms and conditions.
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Last Page update: 25 OCTOBER 01.
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