BOTW Blog Express Submit Terms of Service

BOTW Blog Express Submit is a service for blog owners, and marketing organizations to have their blog quickly reviewed for inclusion in the BOTW Blog Directory. Acknowledgement and Acceptance of Service Agreement The Best of the Web Blog Express Submit Service ("BOTW Blog Express Submit" or the "Service"), is provided to you under the terms and conditions of this BOTW Blog Express Submit Service Agreement (the "Agreement"). BOTW reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time. BY COMPLETING THE SERVICE REGISTRATION FORM AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. Description of BOTW Blog Express Submit Service BOTW Blog Express Submit is a fee-based service provided by Best of the Web to consider your web log for inclusion in the BOTW Blog Directory (the "Blog Directory"). INCLUSION IS NOT GUARANTEED. Subject to the terms below, if your web log is accepted, then your web log's continued inclusion in the Directory will be subject to additional review each year. BOTW, reserves the right to remove your blog if it fails to meet the minimum criteria below. By signing up with BOTW Blog Express Submit, BOTW will consider and respond to your request for inclusion in the Blog Directory. In consideration of your payment and participation in BOTW Blog Express Submit and in accordance with this Agreement, BOTW agrees that an editor will look at your blog, consider it for inclusion in the Blog Directory, and respond to you within three (3) business days from the date that you submit your blog for consideration (excluding holiday periods observed by BOTW and any delays due to problems processing your request). If your blog offers services on a subscription basis, you must provide BOTW a trial password or subscription ID as part of the registration form. The password/subscription ID will be valid for a period of not less than 60 days and will be used by BOTW solely as part of its evaluation of whether your blog meets and maintains the minimum blog criteria explained below. You must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the applicable NON-REFUNDABLE fee for initial consideration for BOTW Blog Express Submit. The current fee for BOTW Blog Express Submit for initial consideration in the Directory is a NON-REFUNDABLE fee of US $39.95 applicable for each web log submitted. You acknowledge that the payment of this fee is for consideration of your blog AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR BLOG WILL BE INCLUDED IN THE DIRECTORY. Your payment only guarantees that an editor will consider and respond to your request within three business days, by either accepting or not accepting your blog. You expressly agree to pay to BOTW such fee whether or not your blog is accepted or denied inclusion. If your web log is accepted for inclusion, then your web blog's continued inclusion in the Directory will be subject to additional review each year. NOTHING IN THIS AGREEMENT OBLIGATES BOTW TO LIST, LINK TO, OR ACCEPT YOUR BLOG ANYWHERE ON BOTW OR IN THE DIRECTORY. IF YOUR BLOG IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES BOTW TO PLACE YOUR BLOG WITHIN A SPECIFIC CATEGORY, OR TO PROVIDE ANY SPECIFIC DESCRIPTIONS. Do not submit your blog to BOTW Blog Express Submit program if your blog already appears in the Directory. If you submit a blog that already exists in the Directory, your credit card will be charged the applicable fee. Nor should you submit change requests to the BOTW Blog Express Submit program. If you need to make a change to your listing in the Directory (this includes changing the URL, title, RSS feed, and/or description of the existing blog), you must use the change form located in the login panel associated with your account. Minimum Blog Criteria The BOTW Blog Directory is a comprehensive collection of the best blogs online. To ensure the highest level of results, all blogs in the BOTW Blog Directory must meet the minimum criteria listed below: The blog must be up and running 24/7; The blog must contain unique content, as determined by a BOTW editor; The blog must not contain any parts under construction; All links on the blog must work; The blog must have a history of 6 (six) months or longer; The blog must be kept current, and have active participation; The blog must be in the English language (or have an English version available); The blog must support multiple browsers and capabilities; The blog must not contain any content, products, services or other information that may be illegal to sell under any applicable law, that may infringe or violate anyone's rights, or that, BOTW believes, in its sole discretion, is offensive. Please note that the above listed are the minimum blog criteria only, and BOTW editors use additional factors in deciding whether of not to accept your blog for inclusion. Selection and Listing of Blogs BOTW reserves the right to decide whether, where, and how a blog is listed. If BOTW accepts your blog, BOTW reserves the right to list your blog in any category or subcategory as BOTW deems appropriate, in its sole discretion. BOTW reserves the right not to include any specific keywords in the title or description of your blog. BOTW also reserves the right, in its sole discretion, to remove your blog from the Directory, move the listing to a different category or subcategory, and change or remove any keywords at any time, for any reason. Feedback BOTW will contact Applicant by email describing whether the blog has been accepted or rejected. If the blog is rejected, Applicant is entitled to request one appeal of the blog at no additional charge by sending an email to the address provided by BOTW. BOTW must receive the Applicant's email within thirty days from the date that BOTW transmits the rejection email to the Applicant. If the request is timely received, BOTW will again review the Applicant's blog and will then notify Applicant of its final decision regarding including the blog in the Directory. If BOTW reaffirms its denial of the blog, no further appeals or submissions will be considered. If BOTW accepts a suggested blog, Applicant is entitled to request one reconsideration of the placement of the blog, comment fields, title, etc, at no additional charge by sending an email to the address provided by BOTW. BOTW must receive the Applicant's email within thirty days from the date that BOTW transmits the acceptance email to the Applicant. If the request is timely received, BOTW will again review the Applicant's blog and will then notify Applicant of its final decision regarding the blog. Once a blog is included in the Directory, if Applicant makes any substantial changes to the blog, Applicant must comply with BOTW's standard change process form to make any changes to the listing in the Directory. Participation If you wish to discontinue participation in the BOTW Directory Submit program, you must send a notice to BOTW as set forth in the Section, "Notices," below. Please state that you wish to withdraw your blog from BOTW Directory Submit. To avoid your credit card being billed for the Recurring Annual Fee, requests for withdrawal must be received by BOTW at least ten (10) business days before the end of the year that you intend to be your last year of participation. The "end of the year" is defined as 365 days from the date that your web log was added to the Directory as noted on the confirmation emailed to you at that time. Once BOTW receives such notification from you, your participation in the BOTW Directory Submit program will cease and your listing will be removed at the end of the year. If you request that your listing be removed before the end of a year for which you have pre-paid the Recurring Annual Fee, you agree that BOTW will not be required to refund any portion of such fee. Applicant Privacy BOTW maintains information about Applicant on BOTW servers, including but not limited to Applicant's registration information. Applicant agrees that BOTW may use such information in aggregate form for marketing or other promotional purposes. Applicant agrees that BOTW may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of BOTW or others; provided, however, that nothing in this section shall impose a duty on BOTW to make any such disclosures. BOTW may contact Applicant regarding BOTW Blog Express Submit using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from BOTW advertisers. Indemnity THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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. BOTW, AND ITS PARENTS, SUBSIDIARIES, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF BOTW IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, BOTW'S ACCEPTANCE OR REJECTION OF A SUGGESTED BLOG, OR BOTW'S CONTINUED LISTING OF A BLOG IN THE BLOG DIRECTORY. BOTW'S LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO BOTW UNDER THIS AGREEMENT. Force Majeure BOTW is not 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. Notices Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to BOTW, such notices shall be addressed to directorysubmit at botw dot org or to BOTW Submissions at 165 EAB Plaza, West Tower 6th Floor, Uniondale, NY, 11556. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's Service registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that BOTW is notified of any changes to Applicant's address as specified in this Section. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter.