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1 - ACCEPTANCE OF SERVICE AGREEMENT
1.1 - By applying for an ExactSeek Featured Listing you agree to the Terms and Conditions set out in this document. You also agree to provide complete and accurate information including a valid email address and other contact/billing information as requested in the in the registration form.
1.2 - ExactSeek reserves the right to alter, add to or remove parts of this agreement at any time.
2- DESCRIPTION OF SERVICE
2.1 - The ExactSeek Featured Listing program is a fee-based service provided by ExactSeek to consider your site for inclusion into the ExactSeek Featured Listing Section under a specific Keyword or Keyword Phrase for a period of 3 or 12 months. Inclusion in the Featured Listing Section is not guaranteed and is subject to the inclusion rules stated in Section 3 (SITE CRITERIA) of this agreement.
2.2 - The fee for consideration of a Featured Listing DOES NOT GUARANTEE THAT YOUR SITE WILL BE INCLUDED.
2.3 - The fee for consideration WILL NOT BE REFUNDED if your site is rejected due to content.
2.4 - The number of Featured Listings allowed for any given Keyword or Keyword Phrase is limited and therefore the selection of a particular Keyword or Keyword Phrase may not be available. Your fee WILL NOT BE REFUNDED if the Keyword or Keyword Phrase you selected is not available. However, you may select a different one.
2.5 - The featured listing fee is a recurring fee that will be charged again at the end of the term you have selected, unless we have been notified that you wish to cancel the recurring billing.
2.6 - Future renewals of your featured listing(s) can be cancelled at any time from your member interface. Such cancellations, however, must be made at least 5 business days before the next renewal date or you will be charged for your next term and your listing will remain active until that date.
2.7 - We strongly discourage using a PayPal account that is tied to a bank account instead of a credit card. We are not responsible for any banking fees or overdraft fees that you may be charged due to insufficient funds in the account tied to your PayPal account.
2.8 - The list of members in the Independent Search Engine & Directory Network (ISEDN) changes frequently for a variety of reasons. While every effort is made to keep the list of ISEDN members on the sales page current, there may be instances where some listed members have discontinued their membership, are temporarily unavailable or unable to display Featured Listings due to technical problems.
For this reason, ExactSeek and its parent company do not warrant that all listed ISEDN member sites will be active at a given time or able to display purchased Featured Listings.
2.9 - The number of ads displayed on an ISEDN member site, as well as their look and location, is subject to the ISEDN member's discretion. Additionally, on some ISEDN directory sites your listing will only appear if your keyword phrase matches a specific directory category.
3- SITE CRITERIA
3.1 - ExactSeek will reject any submission, and your fee for consideration WILL NOT BE REFUNDED, for any websites that are determined by ExactSeek to include content, services or products that are:
3.2 - ExactSeek will reject any submission for any website whose URL, as submitted, is unreachable.
3.3 - ExactSeek reserves the right to consider other criteria for accepting or rejecting a site.
4- LISTING OF SITES
4.1 - ExactSeek reserves the right to determine how, where and when the accepted Featured Listings are displayed in our Search Results.
4.2 - ExactSeek also reserves the right to remove, or edit the Title and/or Description of any Featured Listing, for any reason, including but not limited to the above Site Criteria.
5- SERVICES AND CONDITIONS OF USE
5.1 - By using the service, you agree that you will not attempt to undermine the integrity of this web site.
6- LIMITATION OF LIABILITY AND WARRANTY
6.1 - Customer agrees that use of the service is entirely at customer's own risk. Services are provided 'as is,' without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the service, including without limitation the software licensed to the customer and the results obtained through the service. Specifically, we disclaim any and all warranties, including without limitation: 1) Any warranties concerning the availability, accuracy or content of information, products or services; and 2) Any warranties of title or warranties of merchantability or fitness for a particular purpose.
6.2 - THIS DISCLAIMER of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges the service is not liable for the defamatory, offensive or illegal conduct of other customers or third-parties and that the risk of injury from the foregoing rests entirely with customer.
6.3 - Neither the service nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the service.
7.1 - All trademarks appearing on the service are trademarks of their respective owners.