Conditions and Terms of Agreement
Copyrighted. All right reserved
Subject to change without notice.
1. The following are specific terms and conditions for use of services
provided by Alaska Marketing Services. Customer represents that Customer
is of legal age to enter into this Agreement. By acceptance of the
preview materials customer will comply with all provisions of this
Agreement. Fees shall be paid in advance or within thirty days from
the date of invoice for special services requested by the customer.
All amounts overdue shall accrue interest at a rate of prime per annum
compounded monthly until payment is made m full.
2 . No Warranties/Liability . Alaska Marketing Services MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND with respect to the success of marketing
a product or service or number of responses anticipated by advertising
on the World Wide Web WHETHER WRITTEN OR ORAL, EXPRESS, STATUTORY
OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. AMS shall not under any circumstances be held liable, directly
or indirectly with respect to the Customer or any other Person, product
or services for loss or damage of any kind caused or alleged to have
been caused by use or reliance on AMS or the information provided
therein. AMS is not responsible for any promises or claims by the
Customer with respect to services provided, promised or characteristics
of any products. The information and specifications represented on-line
are provided and approved by the Customer.
3. No violation of Law Customer shall not attempt to engage in unsolicited
commercial activity or otherwise negatively impact the services or
reputation of AMS. Customer agrees that Customer's usage of AMS and
its services is subject to all applicable federal, state and local
laws, rules and regulations including but not limited to laws concerning
copyright violation. Any complaints regarding violations of law will
be referred to the appropriate enforcement agency. For any violations
of law or these terms and conditions, AMS retains the right to warn,
suspend or revoke access to the on-line services provided by AMS.
4. Warnings. The content of any programs, services or software which
Customer may provide may not be acceptable by AMS. Some content may
not be suitable. AMS reserves the right to decide whether any program,
product, services or software is suitable with respect to content,
language or intended purpose. AMS will not represent questionable
materials or intent on the World Wide Web. Requested changes to any
on-line materials will reflect this policy. AMS cannot guarantee the
availability, quality or accuracy of any particular software, program,
product or service content which is the sole responsibility of the
Customer. AMS retains the right to maintain its on-line presence with
the highest regard for professionalism and moral acceptance of materials
and products marketed through the services provided by AMS.
5. Termination. If the Customer fails to make any payment when due
or fails to abide by any term or condition contained herein, AMS may
terminate this Agreement and/or pursue any available legal or equitable
remedies without refund of charges or fees. All contracts are for
the duration of one year unless otherwise noted. AMS does not refund
annual fees for a partial year service or requested termination of
the service by the Customer prior to the contract anniversary date.
6. Indemnification. Customer shall indemnify, defend and hold harmless
AMS against all claims, losses or damages of any kind arising from
or related to Customer performance including but not limited to claims
for libel, slander, invasion of privacy or infringement of copyright,
claims for patent infringement arising from combining or using AMS
in connection with facilities or equipment furnished by others and
all other claims arising out of any act or omission of AMS relating
to its services.
7. Ownership. Ownership of all materials presented to AMS for inclusion
for on-line advertising including written materials, copyright, photos,
logos, and graphics are retained by the customer, however, the electronic
product produced by AMS for on-line presentation and viewing remains
the sole property of AMS and may not be transferred or linked to other
on-line home pages or sites without the approval of AMS. The on-line
product or home page is not transferable to the Customer at the termination
of the contract.
8. Changes. Requested changes to any on-line product produced by AMS
after the final preview and acceptance by the Customer shall be charged
at a rate of $45.00 per hour. The Customer should request an estimate
for requested changes. AMS will provide updates at no charge for basic
items such as mailing address, phone numbers, or e-mail addresses.
AMS reserves the right to differentiate between basic and changes
justifying the hourly charge.
9. General. AMS shall be excused from performance of its obligations
under this Agreement and from any damages due to acts of God or any
causes whatsoever outside the control of AMS, including server failure.
This is the entire agreement between AMS and Customer with respect
to services provided, and this supersedes all prior written or oral
agreements or understandings. These terms and conditions are subject
to change at any time. A current copy will always be available on-line.
Continued usage of Customers account after new terms and conditions
constitutes acceptance of those terms and conditions. The governing
law for AMS is the State of Alaska and applicable Federal laws now
in existence or which may be passed.
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. Publisher: Jane M. Pascall. Voice (907)235-3714,
Fax (907)235-3716 E-mail: email@example.com
601 E. Pioneer Ave., Suite 109, Homer, AK 99603.
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may be reproduced without written permission of the Homer Tribune.
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