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Compare Web Hosts Directory Listing Agreement

Prior to joining the Compare Web Hosts directory the Web Host Provider must read and agree to the following Terms and Conditions.

1. To enter your company into our directory, you must be a valid web host provider. If your web site is under construction or you do not offer any way to order online then you will not be allowed to be a part of the directory.

2. The Web Hosting company is responsible for all information listed in the directory and for updating the information as needed. Any false information provided and consequences from the information will be the sole responsibility of the Web Hosting Company. Compare Web Hosts will not be held accountable.

3. Compare Web Hosts reserves the right to terminate any Web Hosting companies directory listing if Compare Web Hosts learns that information provided false or misleading registration information including incorrect contact information. The Host may also be terminated if they misuse the directory by adding multiple listings or any other features the directory provides the Web Hosting company.

4. The Web Hosting company represents that they are the owner or is licensed to use the entire contents and subject matter contained in its business listing 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 business listing submitted to Compare Web Hosts, Inc.

5. In addition, Compare Web Hosts has the right to modify or to take action or cancel any Web Hosting Company listing that violates any of the following:

a. infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

b. violate any law, statute, ordinance or regulation

c. shall not be obscene or contain any form of adult content; and

d. content will not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming that could be detrimental to Compare Web Hosts or its users;

6. Web Host company may not link to or include business listing for goods or services which describes an item or service that the company is not trying to sell on the Compare Web Host site.

7. The Web Host company is solely responsible for the information. Compare Web Hosts is solely a conduit for the information to be passed on to visitors. However, Compare Web Hosts, Inc reserves the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion if Compare Web Hosts, Inc believes it may create liability for Compare Web Hosts, Inc or may cause Compare Web Hosts, Inc to lose (in whole or in part) the services of Compare Web Hosts, Inc ISP or other suppliers.

8. Provider hereby grants Compare Web Hosts, Inc a non-exclusive, worldwide, royalty-free right and license to use, reproduce, publish, publicly perform and publicly display any media now known or not currently known, with respect to your business listing and information.

9. Compare Web Hosts reserves the right, without liability, to reject, omit or exclude any business listing they deem inappropriate or to reject or terminate any links based on either inappropriateness or lack of space.

10. The Web Hosting company agrees to indemnify, defend and hold harmless Compare Web Hosts, Inc, and its employees, representatives and agents, from and against any and all losses, damages, suits, judgments, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims, suits, actions, or other proceedings brought against Compare Web Hosts, Inc or such party based on or arising from: (a) business listing or other content supplied by the Web Host, including any claim that it infringes any copyright, trademark or other intellectual property right of a third party or contains any material that is obscene, defamatory, violates any law or regulation, or breaches the rights of any person or entity, including, without limitation, rights of publicity, privacy or personality, or is otherwise actionable; (b) Web Host's products or services, including any claim that they are illegal or may harm a third party in any manner; (c) a breach by Web Host of any representation or warranty contained herein; or (d) the development, operation, maintenance or content contained on Web Host's web site; provided that Compare Web Hosts, Inc provides Web Host with prompt written notice of such claim, suit action or other proceeding, and allows Provider the option of assuming sole control and authority over the defense or settlement of such claim or action (provided that Web Host shall not enter into any settlement which materially affects Compare Web Hosts, Inc's rights without Compare Web Hosts, Inc's prior written consent).

11. Compare Web Hosts, Inc shall not be liable for any errors in content or omissions. Compare Web Hosts, Inc will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to the Compare Web Hosts, Inc Site. Compare Web Hosts, Inc does not represent or warrant that the Compare Web Hosts, Inc Site will meet the objectives or needs of Provider or any third party. In no event will Compare Web Hosts, Inc be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or other non-performance related to the Compare Web Hosts, Inc Site.

UNDER NO CIRCUMSTANCES WILL COMPARE WEB HOSTS, INC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THE AGREEMENT, EVEN IF COMPARE WEB HOSTS, INC HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

12. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

13. Provider may terminate its obligations at any time by discontinuing the use of the Compare Web Hosts, Inc Site.

14. This Agreement is made in and is to be performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be laid in Dade County, Florida and each party hereto consents to submit to the jurisdiction of Florida courts in the event of litigation of any dispute arising out of this Agreement.




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