AGREEMENT FOR INTERNET ADVERTISING SERVICES
This Agreement for Internet Advertising Services (the "Agreement between SKYMAT TECH SOLUTIONS (OPC) PVT LTD ( www.mybsite.com ) and the Subscriber") is made and effective from the date of Subscriber’s Registration/Subscription in our website www.mybsite.com
In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows:
RECITALS
A. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) owns and operates an Internet Site [WWW.MYBSITE.COM] (the “Advertising Site”) which Advertising Site contains graphical and text-based descriptions of advertised sites along with a hypertext link to the advertised site. When the hypertext link is selected by the party accessing the site (User), the User is transported to the URL for the advertised site.
B. The Customer owns and operates an Internet Site located at [WWW.MYBSITE.COM] (the “Advertised Site”) and the current subject matter of the content of the Advertised Site is as described and displayed on their existing page of www.mybsite.com.
1. ADVERTISING MATERIALS
a. The Customer agrees to submit digitally to SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com), on the same day after acceptance of this Agreement, advertising materials to be used by SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) which shall meet its Uniform Advertising Specifications set forth and described in.
b. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) has the right and option to approve, in its absolute discretion, the content of any advertising material that the Customer submits if SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) finds that it does not meet its Uniform Advertising Specification, if it is objectionable to SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) in any way, if it contains false or misleading information, if it contains any illegal information, if it contains any vulgar or pornographic items, or for any other reason, in SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) sole discretion. If SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) rejects any adverting material that the Customer submitted, SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will notify the Customer. Even after SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) accepts the advertising, SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) has the right to remove it if it does not function correctly or for any of the reasons described above. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) placing the advertising on its page does not signify its approval or waiver of the right to object to it in the future.
c. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) has the right to terminate this Agreement if SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) remove or fail to approve any materials that the Customer submits in which case any prepaid advertising fee shall be returned to Customer. The Customer will not have any damages or other remedies, in law or in equity against SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) for failing to place or removing any advertising except for the return of any unused prepaid advertising fees.
d. The Customer may periodically make changes to its advertising material which SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) must also approve. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will charge a fee at its standard fee schedule rate for making changes to the Customer advertising materials on SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) site. The Customer will provide SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) with all changed materials that Customer desires to integrate. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will use its reasonable efforts to make the changes that Customer submits within 7 (Seven) days after SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) approve the same.
e. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) agrees to provide the advertising formats as described in, hereto at the pricing rates described in.
2. SERVICES TO BE PROVIDED
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) does not guarantee any given amount of Impressions to Customer’s page as a result of its advertising services unless a separate Impression Guarantee Addendum has been executed by both parties hereto.
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will use its reasonable efforts to make its Advertising Site available for display through the World Wide Web. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond its control or which are a normal part of the Internet business.
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will not place links to the Customer's webpage or webpage content in newsgroups, message boards, unsolicited email and other types of spam, chat rooms, guest books, IRC channels or through similar Internet resources. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will be held accountable for any monetary damages suffered by the Customer, sustained through contravention of this Agreement. This will include, but not limit to punitive damages related to lost clients and brand deterioration.
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) shall be responsible for tracking Impressions to the Customer site through the advertisements that are included on its site. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will report this information via Email on a monthly basis. The Customer will agree to treat this information as confidential. The Customer may use it for its internal business and marketing planning, but may not disclose it to third parties without an advanced written consent.
3. PLACEMENT OF THE ADVERTISING
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) reserves onto its own discretion all decisions and matters concerning placement of Customer’s advertisement on pages of SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) Site, software solutions, hardware configurations and selection, system components, categories of advertising, search engine results and search parameters and other operational and administrative matters pertaining to the construction and operation of SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) Site.
4. COMPENSATION
In consideration of its advertising services, the Customer agrees to pay the advertising fees set forth on the fee schedule (follow the Price List) The Customer will also pay any sales and other taxes based upon the fees set forth therein. Advertising fees will be paid monthly, in advance, on or before the first day of every month during the term hereof. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) charge interest and service charges on monthly accounts that are delinquent at the maximum rates allowable by law. The Customer will be responsible for all collection costs and attorney fees if it is necessary to pursue collection efforts to collect on an account. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) reserves the right to suspend advertising services until Customer’s account is brought current as SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) as the right to terminate this Agreement if any advertising fee is delinquent.
5. PROPRIETARY RIGHTS
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will retain all proprietary rights in and to its respective sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) do not grant the other any rights in and to such proprietary material except that the Customer hereby grants SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) a non-exclusive license to use the advertising material provided, including its trademarks and copyrights, and the right to hyperlink to Customer’s site from its site during the term of this Agreement. Upon termination of this Agreement, SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) agrees to remove the hyperlink and the advertising materials provided from its site within a reasonable time.
6. REPRESENTATIONS AND WARRANTIES
a. The Customer represents and warrants that the advertising provided is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. The Customer also warrants and represents that it has the unrestrictive and exclusive right to use all such materials.
b. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) makes no warranties that the advertising contained on SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) Site will be free from errors or defects or that the use of the hypertext link or access to its site will be uninterrupted. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (WWW.MYBSITE.COM) SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL SKYMAT TECH SOLUTIONS (OPC) PVT LTD (WWW.MYBSITE.COM) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.
7. INDEMNIFICATION
The Customer will indemnify and hold SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that the Customer has made to SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) and otherwise arising directly or indirectly from the placement of its advertising materials on SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) Site.
8. FORCE MAJEURE
SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond its control.
9. TERMINATION
The Customer may terminate this Agreement, with or without cause, by giving 30 days advance notice of its intent to terminate. SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com) reserves the right to terminate this Agreement for any reason, with or without cause, upon same day notice to Customer’s registered email.
10. ENTIRE AGREEMENT
This Agreement and the Exhibits described hereto constitute the entire agreement and understanding between the parties with respect to the subject matter hereof. It supercedes and replaces all previous discussions, negotiations, and understandings between the parties.
11. ASSIGNMENT
The Customer is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties arises relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs.
12. NOTICES
All notices called for herein shall be to the parties at the addresses contained in subscriber’s page and shall be by registered email / certified mail, return receipt requested.
13. GOVERNING LAW
This Agreement shall be interpreted under the laws of the State of Chhattisgarh. Any and all legal actions relative hereto shall be in the courts of Chhattisgarh.
ONLINE SUBSCRIPTION AGREEMENT
1. INTRODUCTION
Welcome to SKYMAT TECH SOLUTIONS (OPC) PVT LTD (www.mybsite.com)! We start every new subscriber relationship with a detail contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click "Yes" at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking Yes will you be able to access and use the services available on this Website.
2. ACCESS AND SERVICES
Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate the contract access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
3. FEES AND PAYMENT
We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. [FOLLOW OUR PRICE LIST]. You will be given the opportunity to pay by credit/debit card when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.
4. SYSTEM RULES
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
5. PRIVACY CONSIDERATIONS
Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.
6. PROPRIETARY RIGHTS
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
7. LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
8. INDEMNITY
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, legal proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
9. DISCLAIMERS OF WARRANTY
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
10. CHOICE OF LAW
A. You agree that this Agreement shall for all purposes be governed by the provisions of Arbitration and Conciliation Act, and in case of any disputes arises, same will be decided by the sole arbitrator appointed by the SKYMAT TECH SOLUTIONS (OPC) PVT LTD and the entire cost for the whole proceedings will be incurred by the subscriber.
B. You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Chhattisgarh, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of Chhattisgarh. In addition in case of legal/court jurisdiction, you agree to submit to the jurisdiction of the courts at District Durg in the State of the Chhattisgarh and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts at District Durg in the State of the Chhattisgarh.
11. ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT, please click the "Yes" button below. If you do not agree to the terms of the Subscriber Agreement, please click the No button to log off the system.