DataSpear > Express Review Service 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:
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:
How to Write a Description:
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.
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.
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:
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.
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.
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 firstname.lastname@example.org. 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.
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.