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1.
General. A deposit must be submitted to Shooting Star AHosting in advance
of initial advertising date. By submitting advertising for inclusion
on Shooting Star AHosting, advertiser/agency agrees to be bound by the
terms of this contract. No conditions other than those set forth
herein shall be binding on Shooting Star AHosting. This contract supersedes
any previous agreements between Shooting Star AHosting and advertiser/agency
relating to the subject matter set forth herein. Shooting Star AHosting's
only obligation to serve advertisements hereunder shall be to serve
advertisements of the advertiser described herein, and in no event
shall Shooting Star AHosting be obligated to serve advertisements for any
other advertiser.
2. Changes
and Cancellations. Cancellations and changes can be made via
the advertiser login. Shooting Star AHosting's advertising specifications
are accessible through the advertiser login. Shooting Star AHosting reserves
the right to change any of its advertising specifications at any
time.
4. Delivery,
Frequency and Makegood. All figures relating to the number of
advertisements served as determined by Shooting Star AHosting shall govern,
regardless of whether advertiser/agency is using the services of
a third party ad server. If Shooting Star AHosting fails to provide the
guaranteed number of impressions, Shooting Star AHosting will make good
on this contract.
6. Key Words
and Phrases. Shooting Star AHosting offers no exclusivity on keywords
or phrases. Each advertiser will be given ranking positions based
upon the bid they enter on keywords/phrases.
8. Rejections.
Shooting Star AHosting reserves the right, without liability, to reject,
omit or exclude any advertisement or to reject or terminate any
links, buttons, boxes or banners for any reason at any time, with
or without notice to the advertiser/agency, and whether or not such
advertisement, link, button, box or banner was previously acknowledged,
accepted, or published.
9. Licenses
and Indemnification. Advertiser/agency grants Shooting Star AHosting
the right to use, reproduce, publicly display and distribute advertiser's
advertisments and collateral information and warrants that advertiser/agency
has the right to grant such license. Advertiser/Agency represents
that the advertiser is the owner or is licensed to use the entire
contents and subject matter contained in its advertisements and
collateral information, including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted material, trademarks,
service marks, logos, and/or depictions of trademarked or service
marked goods or services; and (c) any testimonials or endorsements
contained in any advertisement submitted to Shooting Star AHosting. In
addition, advertiser/agency represents that the advertiser's advertisements
and collateral information do not violate any applicable local,
state or federal law or regulation. In consideration of Shooting Star AHosting's
acceptance of such advertisements and information for publication,
the advertiser and agency will jointly and severally indemnify and
hold harmless Shooting Star AHosting and its officers, directors, shareholders,
employees, accountants, attorneys, agents, parent, affiliates, subsidiaries,
successors and assigns from and against any and all third party
claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or related to: (i) advertiser/agency's
breach of any covenants, representations and warranties made therein,
(ii) Shooting Star AHosting's performance under this contract, and (iii)
the copying, printing, distributing, transmitting or publishing
of advertiser's/agency's advertisements or collateral information
by Shooting Star AHosting.
10. Limitation
of Liability. UNDER NO CIRCUMSTANCES WILL Shooting Star AHosting BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATON, FOR LOST INCOME OR PROFITS, IN ANY
WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Shooting Star AHosting
HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
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