1.
Rates published herein are effective as of September 11,
2001, and are subject to change without notice.
2.
Home Business Online is not responsible for errors or
omissions in any advertising materials provided by the
advertiser or its agency.
3.
All advertisements are accepted and made available by
Home Business Online upon representation by the agency
and advertiser that they are authorized to make
available on Home Business Online the entire contents
and subject matter thereof and that such advertisement
will not violate any law or infringe upon any right of
any party. In consideration of the placement of
advertisements on Home Business Online, the advertiser
and agency, will jointly and severally, indemnify and
save Home Business Online and all parents, affiliates
and subsidiaries of Home Business Online harmless from
and against any and all losses and expenses arising out
of the appearance of such advertisements on Home
Business Online, or on the advertiser's site on the Web
as linked through Home Business Online, including
without limitation, those arising from claims for suits
for defamation, copyright or trademark infringement,
misappropriation, violation of the Lanham Act,
obscenity, indecency, violation of statutory, common law
or contractual rights including, without limitation, the
rights of any guild or union or rights of privacy or
publicity or from any and all similar claims now known
or here after devised. It is understood that the
advertiser and the agency are jointly and severally
liable for payment of invoices for advertising made
available on Home Business Online hereunder. In
consideration of reviewing for acceptance, or acceptance
of, any linkage to the advertiserês site on the Web, the
agency and advertiser agree not to make promotional or
merchandising reference to Home Business Online in any
way except with the prior permission of Home Business
Online in each instance.
4.
Home Business Online shall not be subject to any
liability whatsoever for any failure to provide
reference or access to all or any part of the
advertising due to systems failure, technological
failure of Home Business Online or the Web, or any other
cause outside our control. Home Business Online will not
be responsible for harm due to unauthorized use of your
advertisements as presented on the service by third
parties, including without limitation, unauthorized
reproduction and tampering by network "hackers."
5.
No conditions, printed or otherwise, appearing on
contracts, insertion orders or instructions which
conflict with the provisions of this rate card will be
binding on Home Business Online. Except as otherwise
specifically agreed by Home Business Online and
advertiser, all advertising positioning/placement
clauses or conditions will be treated as requests only
and cannot be guaranteed.
6.
Orders for advertising shall be non-cancelable after 30
days prior to the first date on which it is scheduled to
appear within Home Business Online and through the
advertising period agreed to pursuant to the insertion
order.
7.
Unless otherwise agreed by Home Business Online and the
advertiser, Home Business Online shall have the right to
insert the advertising in various areas of the Home
Business Online service from time to time in its
discretion.
8.
Home Business Online reserves the right to reject or
cancel any advertising and/or linkage to an advertiser's
site on the Web for any reason at any time, including
without limitation as a result of linkages to other
sites on the Web included in the advertiser's site.
9.
Unless otherwise specifically agreed by Home Business
Online and the advertiser, no cash discounts volume
discounts or other discounted rates will be available.
10.
Invoices will be rendered on or about the first date on
which the advertising is scheduled to appear on Home
Business Online. Payments will be due within 30 days
from the date of invoice.
11.
No minimum impression level is guaranteed hereunder.
12.
The agreement between Home Business Online and the
advertiser shall be governed by the laws of the United
States of America and the State of Utah applicable to
contracts executed and performed entirely in the State
of Utah.