Fayetteville.net ADVERTISING AGREEMENT

AIT, Inc., d/b/a Fayetteville.net (“Fayetteville.net”) welcomes you to its advertising services.  By opening an account with Fayetteville.net or advertising on Fayetteville.net (“Advertising Services”), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and Fayetteville.net’S PRIVACY POLICY, EDITORIAL CONTENT POLICIES AND TRADEMARK POLICIES OF Fayetteville.net, as amended from time to time, and all disclaimers, terms and conditions that appear elsewhere through Fayetteville.net and its partners’ websites (collectively, “Fayetteville.net’s Policies”).   You agree that any changes made to this Advertising Agreement will be effective as of the date posted to this page and that such posting to this page shall constitute valid notice to you of any changes made to this Advertising Agreement.       

Legal and Enforceable Online Contract

 

By accepting this Advertising Agreement, including but not limited to its PRIVACY POLICY, EDITORIAL CONTENT POLICIES AND TRADEMARK POLICIES, BY OPENING AN ACCOUNT OR ADVERTISING ON FAYETTEVILLE.NET, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH Fayetteville.net, AND ACCEPT THESE TERMS AND CONDITIONS AS STATED IN THIS “ADVERTISING AGREEMENT” TO GOVERN YOUR UTILIZATION OF FAYETTEVILLE.NET’S ADVERTISING SERVICES.

 

18 Years of Age to Use

To use Fayetteville.net’s Advertising Services, you must be 18 years of age or older.  Fayetteville.net’s Advertising Services are not directed for use by children. Fayetteville.net’s Advertising Services are intended for use by adults who are 18 years of age or older.  Any offers of sale presented through Fayetteville.net’s Advertising Services are only intended for individuals who are 18 years of age or older.  By opening an account with Fayetteville.net or advertising on Fayetteville.net, you affirm that you are 18 years of age or older.

 

Fayetteville.net Advertising Policies

 

Your use of Fayetteville.net’s Advertising Services is subject to all current Fayetteville.net Policies and applicable law.  Like Fayetteville.net’s other terms and conditions, its Policies may be modified at any time, which such modifications you agree will become effective and agreed to upon the date it is upload onto the Fayetteville.net website.  You agree that it is your responsibility to actively and frequently monitor any and all changes to Fayetteville.net’s policies and other terms and conditions. 

 

Advertising Services

 

In order to place advertisements through the use of Fayetteville.net Services, you must create an advertising account at Fayetteville.net.  You agree to protect your Fayetteville.net account(s) information, including but not limited to passwords, and take full responsibility for your own and any third party’s use of any of your accounts.

 

After creating an account and submitting your desired targets or keyword advertisements (collectively, “Keywords”) in accordance to Fayetteville.net’s Policies, you will be required to submit content, graphics, photographs, videos and/or like media for your ad to appear in association with your Keyword(s). 

 

You are solely responsible for all of your Keywords at Fayetteville.net, as well as all subsequent ads that are produced and/or viewed by others either directly by Fayetteville.net or through Fayetteville.net’s partner network.   By your purchase of Keywords, or setting advertising budgets or establishing bids for the keywords you desire, you authorize and consent to all such subsequent advertisements placed at Fayetteville.net and Fayetteville.net’s partner network.  You agree that it is your sole responsibility to exclude advertisements from automatically being launched at Fayetteville.net and at Fayetteville.net’s partner network.  In order to exclude your Keywords from automatically being launched at Fayetteville.net or at any of Fayetteville.net’s partner networks, you agree that you must deliver to Fayetteville.net written documentation, which written documentation must be received by Fayetteville.net, that you do not want your Keywords to be run at Fayetteville.net and/or a Fayetteville.net partner network. In this situation, Fayetteville.net will send to you a modification acknowledgement email within 72 hours after receipt of your written documentation.  Otherwise, if you do not receive a Fayetteville.net modification acknowledgement email, then your written documentation has not been received by Fayetteville.net.

 

You agree that you alone are choosing the keywords in your Keywords and you alone are responsible for your content, graphics, photographs, videos and/or like media that you provide to Fayetteville.net to run in association with your Keywords at Fayetteville.net and through Fayetteville.net’s partner network.  By submitting and purchasing Keywords at Fayetteville.net and your submission of ad content, graphics, photographs, videos and like media in association with your Keywords, you authorize and consent to all such subsequent advertisement placed by Fayetteville.net under your direction at Fayetteville.net and at Fayetteville.net’s partner network.

 

You agree that Fayetteville.net has no control of your selection and use of Keywords and your submitted content, graphics, photographs, videos and like media advertisement in association with such Keywords. 

 

You agree and authorize Fayetteville.net to monitor its advertising services, including but not limited to, your Keyword advertising campaign(s), for ad quality and serving purpose, which you agree will be done at Fayetteville.net’s own discretion.

 

Fayetteville.net may modify all or any portion of its Advertising Services at any time without liability, with or without notice to you, and you accept such modifications by your use of Fayetteville.net’s Advertising Services.

 

Cancellation 

 

You acknowledge that you may cancel any or all Keyword advertising campaigns through your Fayetteville.net advertising account(s) if online cancellation functionality is available, or, or if the online cancellation functionality is not available, with written documentation to Fayetteville.net, that has been received by Fayetteville.net.  Your Keyword advertising campaign(s) will cancel shortly after Fayetteville.net processes your online or written cancellation request. However, Fayetteville.net may cancel any or all of your Keyword advertising campaigns immediately, with or without notice to you, for violation of this Advertising Agreement, Fayetteville.net’s Privacy Policy, Editorial Content Policies, Trademark Policies or applicable law; and you agree in such cases where Fayetteville.net cancels your Keyword advertising campaign for such cause, you will be legally and financially responsible for any Keyword advertising campaigns that have already run.  

 

Advertising Rates

 

Advertisers agree that all Advertising Services will be governed by Fayetteville.net’s Pricing Information which can be found on the Fayetteville.net Web Site, whether printed on paper or electronically.  Fayetteville.net reserves the right to offer pricing or commissions as defined in its Pricing Information for those Agencies that qualify for those rates. 

 

Prohibited Uses

 

You agree that you, or anyone under your apparent authority, WILL NOT: (i) generate or cause to be generated, automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions; (ii) use, or cause the use of, any automated means or form of scraping or data extraction to access, query or otherwise collect Fayetteville.net advertising related information from any Fayetteville.net partner network website or property except as expressly permitted by Fayetteville.net; or (iii) advertise, or cause an advertisement of, anything illegal or engage in any illegal or fraudulent business practice.  

 

Right To Refuse Unacceptable Advertising

 

Fayetteville.net reserves the right to refuse any Keyword advertising campaign that does not completely conform to every detail, instruction, method, and guideline set in this Advertising Agreement and Fayetteville.net’s Policies which can be found on the Fayetteville.net. Web Site. Fayetteville.net may in its complete discretion refuse the use of any other advertising that it deems appropriate.

 

Truth In Advertising / Indemnification For Liability

 

You are solely responsible for any legal liability arising out of or relating to (1) your Keyword advertising campaign, and/or (2) any material to which users can link through such advertisement. You represent and warrant that your Keyword advertising campaign complies with Fayetteville.net’s advertising standards and applicable law; and that it holds the necessary rights to permit the use of such advertisement by Fayetteville.net for the purpose of this Advertisement Agreement; and that the use, reproduction, distribution, or transmission of your Keyword advertising campaign will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity. You agree to indemnify Fayetteville.net and its Associates and to hold Fayetteville.net and its Associates harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses that may be incurred by Fayetteville.net, arising out of or related to your breach of any of the foregoing representations and warranties. You agree to request that Fayetteville.net be listed as an additional insured on any policy issued to you pursuant to which there could be coverage for any of the forms of legal liability described in this paragraph.

 

License Grant

 

You hereby grant to Fayetteville.net, and Fayetteville.net hereby accepts, a royalty-free, transferable, non-exclusive license to your submitted content, graphics, photographs, videos and/or like media for your advertisements that appear in association with your Keyword(s).  You represent and warrant that you hold all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in content, graphics, photographs, videos and/or like media for your advertisements that appear in association with your Keyword(s) (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of your submitted data/materials/media) in connection with this Advertisement Agreement. 

 

Representations and Warranties

 

You represent and warrant that: (i) all of your submitted information is complete, correct and current; and (ii) any use of your submitted data/materials/media under this Agreement or your use of any services available at or through Fayetteville.net will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including without limitation intellectual property rights).  Fayetteville.net may cancel any or all of your Keyword advertising campaigns immediately, with or without notice to you, for violation of these representations and warranties, and you agree in such cases where Fayetteville.net cancels your Keyword advertising campaign for such cause, you will be responsible for any Keyword advertising campaigns that have already run, as well as being subject to other legal penalties and consequences.  Fayetteville.net makes no guarantee that its statistics will be equal to any published or implied numbers at any given time.  Fayetteville.net shall not be held liable for any claims as they relate to said statistics. Fayetteville.net provides statistics to you only as a courtesy.

 

Limitation of Liability and Disclaimers

By using Fayetteville.net’s Advertisement Services, you expressly agree that your use of these services is at your sole risk.  Fayetteville.net Advertising Services are provided on an “AS IS” and “as available” basis. Neither Fayetteville.net nor their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of Fayetteville.net’s Advertising Services will be uninterrupted or error-free. Neither Fayetteville.net nor their Associates warrant the accuracy, integrity or completeness of the content provided on Fayetteville.net’s Advertising Services or the products or services offered for sale through Fayetteville.net. Further, Fayetteville.net makes no representation that content provided on Fayetteville.net is applicable to, or appropriate for use in, locations outside of the United States.  Fayetteville.net and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Fayetteville.net or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.           In this regard, and to the fullest extent permitted by law, Fayetteville.net disclaims all guarantees regarding positioning, levels, quality,  or timing of: (i) costs per click; (ii) click through rates; (iii) availability and delivery of any impressions, or the like, or any other property controlled by Fayetteville.net or by its partner network; (iv) clicks; (v) conversions or other results for any ads or the like; (vi) the accuracy of any of any partner’s data in the Fayetteville.net’s partner network (e.g. reach, size of audience, demographics or other purported characteristics of audience); and (vii) the adjacency or placement of ads within a Fayetteville.net and Fayetteville.net’s partner network.

 

You understand that third parties may generate impressions or clicks on your Keyword ads for prohibited or improper purposes, and you accept the risk of any such impressions and clicks.  You agree that your exclusive remedy, and Fayetteville.net’s exclusive liability, for suspected invalid impressions or clicks is for Customer to make a claim for a refund in the form of advertising credits at Fayetteville.net.  Any refunds for suspected invalid impressions or clicks are within Fayetteville.net’s sole discretion.  EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND YOUR VIOLATION OF ANY FAYETTEVILLE.NET POLICIES, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FAYETTEVILLE.NET BY CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures.  Under no circumstances shall Fayetteville.net or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use of Fayetteville.net’s Advertising Services, including but not limited to reliance claims by you that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Fayetteville.net has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, your data stored by Fayetteville.net, goods or services available through Fayetteville.net Advertising Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Fayetteville.net reserves the right to make changes to its Advertising Services and Fayetteville.net Policies at any time. Each time you use Fayetteville.net’s Advertising Services, you must visit and review the then current Fayetteville.net Policies that apply to your use and transaction of Fayetteville.net’s Advertising Services.       

Tampering with any Fayetteville.net application, misrepresenting the identity of a user or buying agents, using software to manipulate any Fayetteville.net application in any way, or conducting fraudulent activities through use of any Fayetteville.net application are prohibited.

 

Agency

 

If you are representing someone other than yourself, you represent and warrant to Fayetteville.net and Fayetteville.net’s partner network that: (i) you are authorized to act on behalf of such third-party or legal entity and you are agreeing to be bound to this Advertising Agreement for any and all such third party’s conduct; and (ii) as between you and your third-party customer, you own any rights to the data/materials/media in connection with those ads as they are being used by Fayetteville.net and Fayetteville.net’s partner network.

 

General Indemnity

 

(a) You agree to defend, indemnify and hold harmless Fayetteville.net, and its Associates from all liabilities, claims and expenses (including attorney's fees) of third parties relating to or arising (i) under the Fayetteville.net Policies, (ii) the services provided via Fayetteville.net, or (iii) your use of such services.

b) This defense, indemnification, and hold-harmless agreement covers, without limitation, any infringement by you (or by someone else using your email service or identity) of: (i) any intellectual property or other proprietary right of any other person or entity; and (ii) the violation of any of our operating rules or policies relating to the services provided.

(c) In the event that we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement, and will authorize us, at our discretion and without further notice, to suspend, cancel or transfer your domain name, and to suspend or terminate your account.

(d) You acknowledge that any new register will have no liability of any kind for any loss or liability resulting from the proceedings or processes relating to any of your previously registered keyword via Fayetteville.net, including, without limitation: (i) the ability or inability of a registrant to obtain a keyword during these periods; and (ii) the results of any dispute over a registration made or sought during a your registration period of a keyword.

 

Miscellaneous

 

This Agreement shall be governed by the laws of North Carolina, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Cumberland or Wake Counties, North Carolina, either of which shall be determined in its sole discretion by Fayetteville.net. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Fayetteville.net. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Fayetteville.net. Notwithstanding the foregoing, Fayetteville.net may assign this Agreement to any advertiser at any time without notice. The relationship between Fayetteville.net and You is not one of a legal partnership relationship, but is one of independent contractors. Finally, You and Fayetteville.net agree that neither party shall make any disparaging oral or written statements about the other to any third party.

 

Contact Information for Fayetteville.net

 

·         Fayetteville.net’s Website address is:  www.Fayetteville.net.

The mailing address for Fayetteville.net is: Fayetteville.net, c/o AIT, Inc., 421 Maiden Lane, Fayetteville, NC 28301. 

·         The telephone number for Fayetteville.net is: (910) 321-1352. 

·         The e-mail address to contact Fayetteville.net is:  info@ait.com

 

Advertisement Agreement Updates

 

The Advertisement Agreement was last updated on July 7, 2008.  Any changes made to the Advertisement Agreement will be effective as of the date posted to this page.