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Agreement

DESCRIPTION OF NORTH AMERICAN INTERNET SERVICES (NAIS) INC., EXPRESS REVIEW SERVICE

DataSpear.com Express Review Service is a fee-based service provided by DataSpear.com to expedite review consideration of your website for inclusion in DataSpear.com's directory of websites located at www.dataspear.com. No refunds or chargebacks allowed after your website is listed in the DataSpear Directory.

Inclusion in the DataSpear.com Directory is not guaranteed

Every site is subject to the terms outlined by DataSpear.com, and at DataSpear.com's sole discretion. If your website is accepted for inclusion as part of, or not part of, DataSpear.com Express continued inclusion in the DataSpear.com Directory will be subject to additional qualification reviews at random intervals. By signing up with DataSpear.com Express Review Service, DataSpear.com will consider and respond to your request for inclusion in the Directory on an expedited basis. In consideration of your payment and participation in DataSpear.com Express in accordance with this Agreement, DataSpear.com agrees that a member of DataSpear.com's editorial staff will review your site, consider it for inclusion, and respond to you within two (2) business days from the date that you submit your site for consideration (excluding North American, United Kingdom, and Australian national or religious holiday periods observed by DataSpear.com and any delays due to problems processing your request). Response times are mmeasured based on DataSpear.com's servers.

For DataSpear.com to consider your site for inclusion in the DataSpear.com Directory, you must submit a valid credit card number as part of the submission form. You agree that your credit card will be charged the then current, applicable NON-REFUNDABLE fee for initial consideration of your website in the DataSpear.com Express Review Service.

DataSpear.com, however, reserves the right to remove your site if it fails to meet the minimum criteria as outlined in this Agreement and on the DataSpear.com website.

If your site offers services on a subscription basis, you must provide DataSpear.com a trial password or subscription as part of the submission form. The password/subscription will be valid for a period of not less than 45 days and will be used by DataSpear.com solely as part of its evaluation of whether your site meets and maintains the minimum site criteria used by DataSpear.com.

The current fee for DataSpear.com Express for initial consideration in the Directory is a NON-REFUNDABLE fee applicable for each website submitted. You acknowledge that the payment of this fee is for review of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED IN THE DATASPEAR DIRECTORY. Your payment only guarantees that DataSpear.com will review and respond to your request within two business days, by either accepting or not accepting your site. You expressly agree to pay to DataSpear.com such fee whether or not your site is accepted or denied inclusion in the DataSpear.com Directory. If DataSpear.com is unable to charge your card successfully or if the charge is refused, your site will be removed.

NOTE THAT THERE IS NOTHING IN THIS AGREEMENT WHICH OBLIGATES NAIS TO LIST, LINK TO, ACCEPT, PROMOTE OR OTHERWISE HOST YOUR SITE ANYWHERE ON NAIS. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES NAIS TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OF THE DIRECTORY, OR PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

Please note that DataSpear.com Express is only open to sites which DO NOT ALREADY EXIST in the Directory. Do not submit your site to DataSpear.com Express program if your site already appears in the DataSpear.com Directory. IF YOU SUBMIT A SITE THAT ALREADY EXISTS IN THE DIRECTORY, YOUR CREDIT CARD WILL BE CHARGED THE THEN-CURRENT, APPLICABLE INITIAL CONSIDERATION FEE. Do not submit change requests through the DataSpear.com Express program. If you need to make a change to your listing, including changing the URL, title, or description of the existing site, you must use the appropriate means as described on the DataSpear.com website.

IF YOU SUBMIT CHANGE REQUESTS THROUGH NAIS EXPRESS YOU WILL BE CHARGED THE THEN-CURRENT, APPLICABLE INITIAL CONSIDERATION FEE, AND THE CHANGES YOU SUBMIT MAY, OR MAY NOT, BE MADE.

ACKNOWLEDGMENT AND ACCEPTANCE OF THE EXPRESS SERVICE AGREEMENT

The DataSpear.com Express Service, owned and operated by DataSpear.com, is provided to you ("you" or "Applicant") under the terms and conditions of this DataSpear.com Express Service Agreement. DataSpear.com reserves and maintains the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the DataSpear.com Express Service Agreement at any time. BY COMPLETING THE NAIS EXPRESS SERVICE SUBMISSION FORM AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND VERIFY THAT YOU ARE 18 YEARS OF AGE OR OLDER. YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE CURRENT SUBMISSION FORM, AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

MINIMUM SITE CRITERIA

Websites added to the DataSpear Directory should be quality sites that add original content and value to the directory. Quality content is key. Sites which have one or more of the following qualities should not be listed:

Any site that offers for sale, or sell:

  • Any firearms, explosives, or weapons.
  • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography or are harmful to minors.
  • Any items that are counterfeit or stolen.
  • Any dangerous items.
  • Any goods or services that do not, in fact, exist.
  • Any registered or unregistered securities.
  • Any items that violate or infringe the rights of other parties.
  • Any items that you do not have the legal right to sell.
  • Any items where paying DataSpear.com any of the required transactional or listing fees would cause DataSpear.com to violate any law. DataSpear.com reserves the right to delete any objectionable sites.
  • Any site which is a subURL or page that can be reached from the main page should not be listed. There may be some exceptions which will be decided on by the community. - See "What is a Proper URL" for more information.
  • The site is an affiliate site. Sites that contain affiliate links, with content provided by the associated partner, should not be listed. DataSpear sites should have original content.
  • Spam/Spamming is prohibited. With the Spam Committee direction, sites may be refused listing if they are being spammed in our directory.
  • Hate, Illegal and Violent sites which advocate violence or illegal acts against a person or group of people will not be listed. Sites containing visual representation of extreme violence or lewdness should not be listed, unless such material in its context has been deemed appropriate by this community.

How many listings may a site have?

Considering the wide variety of topics that are covered and the topics that are continuously being added, most sites will easily fit into our directory. However, each site will be limited to one listing.

What is the proper URL?

The URL must be in the form of a complete description that includes the use of "http://" For example: http://www.dataspear.com/ The overall principle is to submit the 'short' version of the URL. For example: rather than http://www.dataspear.com/index.html just use http://www.dataspear.com/ Do not use URLs that are deeper into the site if they can be reached from the Site's front page. http://www.dataspear.com/help.html would not be approved as a site submission as this page is accessible from the short URL.

How to Write a Title:

  • Use the correct title. You will usually find the correct title on the site itself. If not, IE users should check View > Source to find the correct title and Netscape users should check View > Page Source.
  • Keep the title brief. Some titles will need abbreviations in order to fit in the allotted space.
  • Use proper abbreviations. Example: The University of North Carolina could be abbreviated UNC in a long title.
  • Use initial caps in titles. Do not use all CAPITAL LETTERS. Example: Joy of Cajun Cooking, not JOY OF CAJUN COOKING. Using all caps is considered rude netiquette, and is difficult to read.
  • Capitalize the first letter of the first word and all main words, but not conjunctions (and, but, or, for, nor, so, and yet), short prepositions (such as to, on, at and in), or articles (a, an, and the) unless they are the first word of the title. "The" is capitalized if it is part of a proper name such as The Hague or The New York Times.
  • Do not use "The, A, An, or similar words" to start a title. If the title is a proper name, such as a book, newspaper, etc., the title would be entered American Heritage Dictionary, The or New York Times, The. Otherwise, a site with the title The Joy of Cajun Cooking would be entered as Joy of Cajun Cooking.

How to Write a Description:

  • Write a brief, objective phrase or sentence about the site, and what it offers or features about the product or service.
  • Describe a unique feature of the site. Remember that site design and navigation are part of the rating, not the description. Chat, multimedia, and e-commerce may be part of the features described.
  • Use correct grammar, spelling and punctuation. Proofread your descriptions.
  • Write out the meaning of acronyms, which may have been used in the title.
  • Do not start your description with "This site" or anything similar, as it is obviously a site. You may start with "Features..." or "Offers...." or similar wording.
  • Do not repeat the site title in the description.
  • Do not use all CAPITAL LETTERS.
  • Do not capitalize the first letter of every word in the description.
  • Do not use marketing slogans or offer subjective opinions, positive or negative.
  • Do not copy descriptions from the site itself. If you use short phrases copied from the site, enclose the phrase in quotation marks.
  • Do not cut and paste the same description for all the sites you submit.
  • Do not use quantities in your descriptions, as they will probably change and your description will no longer be accurate. As an example, use "Features downloadable casino games..." rather than "Features 25 downloadable casino games..."
  • Write descriptions in English, and notate in the description if the site is multilingual or only available in a language other than English.

What is Spam?

Most affiliate sites, multiple links to the same site hate sites, any sites which promote violence, and sites which violate international laws may be classified as spam. Below is a comprehensive list of what is considered spam by DataSpear standards.

  • Multiple links to the same site.
  • Multiple submissions using different URL's; either unique or variations of one URL.
  • Redirected sites including sites that redirect the main page and sites that redirect by clicking on any of the links on the main page.
  • All affiliate, associate and authorized vendor or distributor websites.
  • Hidden service website, the main page will display something totally different from what you get from the links. "Cloaked Page"
  • Websites uniquely different with unique URL's but offering the same links or service. "Getting very popular and hard to detect"
  • Excessive banners or popup advertising "over 1/3 of page displayed has banners or over 2 popup's on a single page". This includes the now frequently-used load-behind pages.
  • Java bomb pages. Sites that load a page or pages every time you close a page. "Mostly used in adult sites"
  • Sites that offer no original content. An example is a chat website that has no chatrooms of its own and redirects to other chat services. "The purpose of a site like this is normally to collect banner hits."
  • Sites that promote violence or hate and sites that violate international laws.
  • Websites that automatically change or try to change the users computer settings. "Auto download, make this your home page, and dial a phone number are the most popular."

Other Criteria

  • The site must clearly define its purpose, products, and/or services.
  • The site, or its contents, must not already appear in DataSpear.com.
  • The site must contain substantively unique content, as determined by DataSpear.com's staff (submitting multiple URLs with slightly different content is not submitting unique content).
  • The site should not contain any parts or pages under construction.
  • All links on the site must work with links to relevant content.
  • The site must support multiple browsers and capabilities {e.g., no Netscape-only or Jave-only sites}
  • The site must be up, running and accessible 24 hours a day, 7 days a week.
  • The site must not contain any content, products, services or other information that, in DataSpear.com's reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation, that may infringe or violate anyone's rights, or that, DataSpear.com believes, in its sole discretion, is inflammatory, dangerous, offensive, or otherwise inconsistent with the spirit of DataSpear.com and its affiliates.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY. NAIS, IN ITS SOLE DISCRETION, MAY CONSIDER OR USE OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SUBMITTED SITE.

DataSpear.com reserves the right to decide whether, where, and how a site is listed in the Directory. If DataSpear.com accepts a site for inclusion in the DataSpear.com Directory, DataSpear.com will consider your requested preferences, but reserves the right to list your site in any category or subcategory that DataSpear.com considers appropriate, at its sole discretion.

Once DataSpear.com accepts a site for inclusion in the Directory, that site shall be treated as any other listing in the Directory. DataSpear.com reserves the right not to include any specific keywords, comments, or descriptions with the listing of a site in the DataSpear.com Directory. DataSpear.com also reserves the right with sole discretion, to move the listing to a different category or subcategory, remove your site from the DataSpear.com Directory, and/or change or remove any keywords, comments, or descriptive annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.

Any and all press releases and other public announcements (including forum announcements or postings) related to your inclusion or possible inclusion in the DataSpear.com Directory, including the method and timing of such announcements, must be approved in advance by DataSpear.com in writing.

DataSpear.com reserves the right to withhold approval of any public announcement in its sole discretion. DataSpear.com will contact the submitter by e-mail describing whether the site has been accepted or rejected.

If the site is rejected, the Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by DataSpear.com. DataSpear.com must receive the Applicant's e-mail within 20 days from the date that DataSpear.com transmits the rejection e-mail to the Applicant. If the request is received within that time frame, DataSpear.com will again review the Applicant's site in a reasonable time frame, and will then provide notification of its final decision regarding including the site in the DataSpear.com Directory.

If DataSpear.com reaffirms its denial of the site, no further appeals or submissions will be considered. However, if a change of the site's content is made after an appeal decision has been provided, the Applicant may resubmit the site with the then current or applicable fees being charged to the Applicant.

If DataSpear.com 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 DataSpear.com. DataSpear.com must receive the Applicant's email within twenty days from the date that DataSpear.com transmits the acceptance email to the Applicant. If the request is received, DataSpear.com will again review the Applicant's site in a reasonable time frame 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 DataSpear.com's standard change process to make any changes to the listing.

PRIVACY POLICY

DataSpear.com requires and maintains information about Applicants on DataSpear.com servers including, but not limited to, the Applicant's submission information. The Applicant agrees that DataSpear.com may use such information for marketing or other promotional purposes. Applicant agrees that DataSpear.com may disclose such information in the good faith belief that such action is reasonably necessary:

  • to comply with the law or legal process;
  • to enforce this Agreement; or
  • to protect the rights or interests of DataSpear.com or others;

provided, however, that nothing in this section shall impose a duty on DataSpear.com to make any such disclosures. DataSpear.com may contact the Applicant regarding DataSpear.com Express Review using the Applicant's provided e-mail address during the site submission process or as needed as deemed reasonable by DataSpear.com. Such e-mail messages may contain opportunities for special offers and new services from DataSpear.com, its affiliates and/or its advertisers.

INDEMNIFICATION

The Applicant hereby agrees to indemnify, defend and hold harmless DataSpear.com, and its parents, subsidiaries, affiliates, officers, directors, members, editors, employees and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Applicant's use of or listing in the Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. DataSpear.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Applicant, which shall not, and will not, excuse Applicant's indemnity obligations.

DISCLAIMER OF WARRANTY AND LIABILITY.

THE SERVICE NAIS AND GOGUIDES, INC. IS PROVIDING IS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN 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. NAIS, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EDITORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF NAIS IS AWARE OF THE RISK OF SUCH DAMAGES THAT COULD RESULT IN ANY WAY FROM APPLICANT'S USE OF OR UN-USE OF THIS SERVICE, NAIS'S ACCEPTANCE OR REJECTION OF A SUBMITTED SITE, OR NAIS'S CONTINUED LISTING OF A SITE IN THE DIRECTORY. NAISS LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO NAIS UNDER THIS AGREEMENT.

DataSpear.com is not, and will not be, 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.

NOTICES

Any communications under this Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to DataSpear.com, such notices shall be addressed to staff@dataspear.com. If to Applicant, such notices shall be addressed to the electronic address specified in Applicant's Service submission form. It is the Applicant's responsibility to provide an accurate address and to ensure that DataSpear.com is notified of any changes to Applicant's address.

AGREEMENT

This Agreement constitutes that the entire agreement between the parties with respect to the DataSpear.com Express Review Service and supersedes all prior or contemporary proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the DataSpear.com Terms of Service and the DataSpear.com Privacy Policy.

IN GENERAL

The Agreement and the relationship between Applicant and DataSpear.com are governed by the laws of the State of Kentucky in the United States of America without regard to that state's conflict of laws and rules. The Applicant and DataSpear.com hereby submit to the personal and exclusive jurisdiction of the United States Federal Court for the resolution of disputes arising from or in connection with this Agreement. DataSpear.com's failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of rights or provisions. If any provisions of the Agreement are determined by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and in the Agreement, without presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect.


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