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.

This guide brought to you by The Homer Tribune. Publisher: Jane M. Pascall. Voice (907)235-3714, Fax (907)235-3716 E-mail:, 601 E. Pioneer Ave., Suite 109, Homer, AK 99603.

This publication is copyrighted and all rights reserved. No portions may be reproduced without written permission of the Homer Tribune.

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