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Advertising Services Agreement Version 2.0


1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer"); "we", "us" and "our" refer to "ActiveSET.org". This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our service(s). By ordering and/or using ActiveSET.org's service(s), you agree to the terms and conditions set forth in this Agreement between Customer and ActiveSET.org.
This Agreement supersedes all prior agreements you may have with ActiveSET.org.

2. VARIOUS SERVICES. Paragraphs 1 through 28 apply to any and all of the service(s) you have chosen, including but not limited to the services contained in the ActiveSET.org Secure Area. The terms and conditions set forth in paragraphs A through D at the end of this Agreement apply only to customers who have selected the ActiveSET.org services referenced in those paragraphs:

3. FEES, PAYMENT, AND TERM OF SERVICE. As consideration for the services you have selected, you agree to pay ActiveSET.org the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due upon ActiveSET.org's activation of the service(s), and are non-refundable. ActiveSET.org accepts payment from you by American Express, MasterCard, VISA or in the form of a check drawn from a United States bank account, or money order, payable in U.S. dollars. ActiveSET.org services that have passed this Agreement's anniversary date must be renewed ANNUALLY for continued service. ActiveSET.org services in an unpaid or overdue status i.e., accounts for which payment is more than thirty (30) days overdue, are deleted from the online directories. Unless otherwise specified, each ActiveSET.org service is for a one-year initial term and is renewable annually as specified during the ordering process. Any renewal of your services with us is subject to our then-current terms, conditions, and payment of all applicable service fees at the time of renewal. You agree that you may not transfer your ActiveSET.org service(s) to another company. We will notify you by e-mail or United States mail prior to the renewal of your service(s) at least fifteen (15) days in advance of the renewal date. You are solely responsible for the billing information you provide to ActiveSET.org and must promptly inform ActiveSET.org of any changes thereto (e.g., change of billing address, phone number, or e-mail address). In addition, you are solely responsible for ensuring the service(s) is renewed. ActiveSET.org shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

4. PAYMENT; Suspension. Customer agrees to pay ActiveSET.org for all services in accordance with the agreed upon amounts and billing schedule. No service(s) offered by ActiveSET.org is refundable or proratable under any condition. If you do not pay for your service(s) as billed annually, or payment is declined by your bank, we may declare the entire amount payable in full and collect a $25.00 late fee. ActiveSET.org reserves the right, in its sole discretion, to deactivate the Customer's service(s) without notification upon an indication of credit problems, including delinquent payments, or if this Agreement is violated. In addition to the entire amount of your overdue payment and late fee, ActiveSET.org will bill client for $129.00 for one hour of reinstallation programming to replace the removed service(s). ActiveSET.org may take all remedies to collect fees owed. You also agree to pay any reasonable attorney's fees and costs which we may incur in collecting any unpaid amount. If more than one applicant requests service(s) under this Agreement, all will be jointly and severally liable for all charges. All orders, sales, rents, times, and terms are final. Once the service(s) has been ordered, refunds will not be issued if the order is cancelled by Customer before the regular expiration or anniversary date. All services and contracts will be automatically renewed for another term, unless written notice of cancellation is given by either party, at least two weeks in advance of the renewal or anniversary date. Cancellation requests must be made by mail to ActiveSET.org 3335 NW 47th Terrace Gainesville, Florida 32606. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions. ActiveSET.org has the right to immediately deactivate and refuse the service(s) if service has been established and the initial payment is not paid. In such event, ActiveSET.org will bill client for $129.00 for one hour of programming to reinstall the service(s).

5. ACCURATE INFORMATION. As further consideration for ActiveSET.org service(s), you agree to: (1) provide certain true, current, complete and accurate information about your company as required by the ordering process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. Our privacy statement, located on our Web site at http://www.activeset.org/forms/privacypolicy.htm and incorporated herein by reference sets forth your and our rights and responsibilities with regard to your company information. You agree that we, in our sole discretion, may modify our privacy statement. We reserve the right to post a revised privacy statement on our Web site at least thirty (30) calendar days before it becomes effective. By using our services after modifications to the privacy statement become effective, you agree to these modifications. If you do not agree to the privacy statement modifications, you may terminate this Agreement; however, you will forfeit all fees paid. ActiveSET.org will not process data that we collect from you in any way that would be incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party whose company data you supply to us as part of our services with regard to: (i) the purposes for which such third party's company data has been collected, (ii) the intended recipients or categories of recipients of the third party's company data, (iii) which parts of the third party's data are obligatory and which are voluntary. ActiveSET.org recommends that you provide notice and consent regarding any third party company data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals, nor for your providing outdated, incomplete, or inaccurate information.

6. UPDATES. Any notice of request for updates, editions, or alterations to the information contained in the service(s) Customer purchases from ActiveSET.org must be submitted in writing by the Customer and delivered by United States mail addressed to: ActiveSET.org 3335 NW 47th Terrace Gainesville, Florida 32606. Electronic (e-Mail) or facsimile requests for updates to the service(s) information will not be processed, to protect the Customer's intellectual property. In no event will we be liable for the unauthorized use or misuse of updates or modifications to your service(s). Minor updates such as change of address, area code, phone number, fax number, web address, contact's name, e-mail address are granted to Customer at no charge. Cost for modifications to all remaining features, including logo design, tag title, company descriptions, experience, and qualifications is charged at the rate of $45 per hour.

7. FREE LOGO PREPARATION. ActiveSET.org will design, at no charge, one logo conforming to each of the current ActiveSET.org format specifications: 100W x 35H Pixels, filesize under 4K, gif or jpeg, no animation. ActiveSET.org will provide one (1) layout or logo design for Customer's approval. If Customer is not satisfied with the logo ActiveSET.org prepares, the Customer may provide ActiveSET.org with a logo conforming to the current ActiveSET.org format specifications described above.

8. MODIFICATIONS TO AGREEMENT. Changes, amendments or modifications of any provision of this Agreement by ActiveSET.org may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same document. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to learn of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by United States mail addressed to: ActiveSET.org 3335 NW 47th Terrace Gainesville, Florida 32606. Notice of your termination will be effective on receipt and processing by us. If you terminate your Agreement with us, fees paid by you are nonrefundable; however, you will not incur any additional fees. By continuing to use ActiveSET.org's services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.

9. AGENTS. You agree that, if your agent (e.g., an advertising agency, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our service(s) shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to (1) apply for our service(s) and (2) bind you to the terms and conditions of this Agreement, and (3) apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason including, but not limited to, failure of your agent to comply with the terms and conditions of this Agreement, incorrect information provided by your agent in the application process, or if your agent incorrectly changes or otherwise modifies your service(s).

10. COPYRIGHT. You acknowledge that ActiveSET.org is the author of any advertising prepared for you and any derivative work that we may prepare from your advertising, and that we retain all right, title and interest, including the copyright, in the same. You must obtain our prior written consent to reproduce our copyrighted work, to have it reproduced by others, or to use our name or marks in any way.

11. DISPLAY OF ADVERTISING MATERIAL. Customer acknowledges that the sole obligation of ActiveSET.org is to display one or more advertisements from Customer which conform to the specifications set forth in this Agreement. Except as expressly provided in this Agreement, the positioning of the advertisements will be as determined by ActiveSET.org in its reasonable editorial discretion. ActiveSET.org reserves the right to redesign or modify the organization and structure and "look and feel" of our Web site at our sole discretion at any time without prior notice. In the event such modifications materially and adversely affect the placement of one or more of the advertisements, ActiveSET.org will work with Customer to display the affected advertisements in a comparable location and manner. Customer may not resell, trade, exchange, barter or broker to any third-party any advertisements which are the subject of this Agreement.

12. ADVERTISER CONTENT. The advertisements shall link only to the URL specified in the Customer's order and shall not offer or promote any products and/or services other than the Customer's products and services expressly provided for in the ordering process. In no event shall any advertisements promote the products or services of any third party. Additionally, neither the advertisements nor the content shall (i) disparage ActiveSET.org or (ii) promote any product or service which is reasonably competitive with ActiveSET.org (or any portion thereof) or with one or more of the principal products or services offered through ActiveSET.org (collectively, "Competitive Products"). Customer hereby represents and warrants that (a) it possesses all authorizations, approvals, consents, licenses, permits, certificates or other rights and permissions necessary to offer, sell or license the products and services offered, sold or licensed by or through the advertisements, and (b) the advertisements will not violate any applicable law, regulation or third party right (including, without limitation, any copyright, trademark, patent or other proprietary right). In no event shall the advertisements state or imply that (i) any advertisement was placed by ActiveSET.org or (ii) that ActiveSET.org endorses advertiser's products or services.

13. ADVERTISER CONDUCT. You are solely responsible for the content you furnish us for inclusion in your advertisements. ActiveSET.org does not assume any obligation to monitor the content of your advertisements. However, you agree that we may review your advertisements in responding to a third party complaint or for any other reason, and we reserve the right in our sole discretion to remove your advertisements from service without notice and with no obligation to refund fees paid if we determine your advertisements is unsuitable or being used for any unlawful or harmful purpose, as determined in our sole discretion. The content in your advertisements may be deemed by us to be unsuitable if, in our view, it: (a). contains, promotes or links to sexually explicit or violent material; (b). promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age; (c). contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material; (d). contains information or promotes or links to a site that provides information regarding or promoting illegal activity; (e). is considered by us or any person with access to such content to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected; or (f). is deemed by us to be unsuitable for any other reason.

14. LIMITATION OF LIABILITY. You acknowledge that: (1) this is a commercial business transaction; (2) occasional errors, omissions and misplacements in our service(s) may occur and can be corrected upon notification by the Customer; (3) any potential harm from any error, omissions or misplacement is speculative in nature; (4) we cannot offer advertising at rates which reflect the revenue and profit which you may obtain from that service; (5) we assume no responsibility other than as contained in these terms and conditions. Customer hereby agrees to indemnify, defend and hold harmless ActiveSET.org and the officers, directors, agents, affiliates, distributors, franchises and employees of ActiveSET.org from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees that may at any time be incurred by any of them by reason of any claims, suits or proceedings: (a) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with the advertisement(s) or Advertiser Content; or (b) arising out of any material breach by Customer of any duty, representation or warranty under this Agreement. This section will survive the completion, expiration, termination or cancellation of this Agreement.

15. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our Customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive email solicitation notices or announcements please send us an email at nomail@activeset.org.

16. EXCLUSIVE REMEDY. You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any ActiveSET.org service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). ActiveSET.org and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the ActiveSET.org service(s) or for the cost of procurement of substitute service(s). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your service(s); or (7) loss or liability that you may incur in connection with our processing of your order for our service(s), our processing of any authorized modification to your service(s) or your agents failure to pay any fees, including the initial annual fee or renewal fee.

17. INDEMNITY. If we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.

18. BREACH. You agree that your failure to abide by any provision of this Agreement, any ActiveSET.org operating rule or policy, or your willful provision of inaccurate or unreliable information as part of the ordering process, or your failure to update your billing information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your billing information may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under this Agreement, then we may delete the initiation or renewal of the service(s) and/or terminate the other ActiveSET.org service(s) you are using without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

19. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the information that you or your agent on your behalf provide to us during the ordering process for ActiveSET.org service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the initiation of your service(s) nor the manner in which you intend to use such advertising will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (iv) you are of legal age to enter into this Agreement. You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.

20. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ACTIVESET.ORG WILL NOT PROVIDE REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE CAUSED BY ANY SUSPECTED OR ACTUAL EVIDENCE OF ELECTRONIC OR NON-ELECTRONIC TAMPERING WITH ANY PORTION OF THE ACTIVESET.ORG IMAGES OR WEB SITE, OR IF COMPUTER VIRUSES, BUGS, UNAUTHORIZED INTERVENTION, FRAUD, OR TECHNICAL DIFFICULTIES OR FAILURES, OR ACTS OF GOD THAT COMPROMISE OR CORRUPT OR AFFECT THE ADMINISTRATION, INTEGRITY, OR SECURITY OF THE ACTIVESET.ORG IMAGES OR WEB SITE.

WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE(S). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE(S) OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to purchase an ActiveSET.org service(s), or that you subsequently modify it to contain false or misleading information, or to conceal or omit any information we would likely consider material for our decision to provide you our service(s). Furthermore, you agree that we may suspend, cancel or transfer your service(s) in order to correct mistakes made by us or the registry used for ordering your chosen service(s). We will not refund any fees paid by you if we terminate your service(s).

22. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to upload your chosen service(s), or to delete your service(s) within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not upload your service(s), or we delete your service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to upload or the deletion of your service(s).

23. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

24. SECURITY. If, in ActiveSET.org's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of our images or Web site, or if computer viruses, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, or security of our images or website, ActiveSET.org reserves the right at our sole discretion to modify or suspend the Agreement of any individual or entity who tampers with the ActiveSET.org images or Web site, or to terminate the Agreement.

25. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

26. TRANSFER. Customer shall not assign ActiveSET.org service(s) or any right, interest or benefit under this Agreement without the prior written consent of ActiveSET.org. Assumption of the service by any successor or Customer (including, without limitation, by way of merger or consolidation) shall be subject to our prior written approval. Subject to the foregoing, this Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.

27. APPLICATION. This is the entire Agreement between you and us, superseding any other Agreement or discussions, oral or written. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Florida, except for its conflicts of laws principles. Customer hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Florida and the federal courts situated in the State of Florida in connection with any action arising under this Agreement. If any provision of this Agreement is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.

28. AGREEMENT TO BE BOUND. By applying for and purchasing our service(s) through our online order form process or by our United States mail or fax in order form process or by using the service(s) provided by ActiveSET.org under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by ActiveSET.org.

SERVICE SPECIFIC TERMS: The following terms apply in addition to paragraphs 1 through 28 only if you have selected the particular service described:


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A. DIRECTORY PROFILE: By ordering a Directory Profile you make a binding contract in which you agree to the terms and conditions of this Agreement and to pay for the advertising described on this section. ActiveSET.org, agrees to accept your order unless: (1) in our sole judgment it does not conform to our editorial standards; or (2) you have failed to pay any prior fees or charges. This service is not refundable or proratable under any condition, circumstance, removal or cancellation.
1. Description of Service. ActiveSET.org is providing you with a capability to initiate a single Web page that can be a "virtual" business advertisement through a service provided by us.
2. Contents. Directory Profiles adhere to the ActiveSET.org standard format which consists of the features and information provided by Customer during the ordering process. Additions, enhancements, images, programming, links, electronic forms or Internet features other than that which is described in the ordering process are not available and will not be installed even if requested by Customer.
3. File Size. One Web page, limited to a file size of 40K and adhering to the ActiveSET.org Directory Profile standard format as described during the ordering process.
4. Term. Access and use of the services and Image Files contained in the Secure Area is a complimentary service granted to Customer for purchasing a Directory Profile for a one-year initial term. Customer may NOT continue accessing and using the Image Files if the Directory Profile annual fee for each successive one year term has not been paid. This Agreement will terminate immediately if Customer fails to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Image File(s) and to discontinue using the Image Files for any purpose.

5. TERMS OF USE; THE SECURE AREA: BY ACCESSING THE SECURE AREA, THE CUSTOMER AGREES TO THE LIMITATIONS PROVIDED UNDER THIS AGREEMENT WHICH DEFINES HOW THE ACTIVESET.ORG SECURE AREA MAY AND MAY NOT BE USED AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
a. ActiveSET.org is not responsible for any damages arising from the Customer's use of the features contained in the Secure Area or by Customer's inability to access the Secure Area or use the Image File(s) or any other services for any reason.
b. ActiveSET.org, at its own discretion, will decide if any terms of this Agreement have been violated by the Customer. Upon written e-mailed notification to the Customer of terms of use violations, ActiveSET.org may revoke your access to the Secure Area and remove your Directory Profile.
c. Customer may not under any circumstances, sell, redistribute, share, offer by Internet Service, Web site link, and/or otherwise provide the Web address of the Secure Area to a third party(s) whether for free or compensation. In that event, Customer agrees to any and all of the following: i) This Agreement will terminate and the Customer's service(s) will be revoked. Customer agrees to immediately cease the use/distribution of the Web address of the Secure Area and pay ActiveSET.org $300 for each Web address used and/or distributed. ii). ActiveSET.org will not refund or prorate the initiation fee or the renewal fee for service(s) due to Customer's violation of this Agreement.

6. SECURE RFPs (Request for Proposals)
a. ActiveSET.org is not responsible for any damages arising from Customer's use of the Secure RFPs or by Customer's inability to access the Secure Area or use the Secure RFP(s) or any other services for any reason.
b. Secure RFPs are the exclusive property of ActiveSET.org and may not be shared, resold, distributed or otherwise made available to a third party(s).
c. ActiveSET.org is not required to send notice to Customer when new RFPs are received.
c. LIMITATIONS OF WARRANTIES AND LIABILITY:
THE SECURE RFPs ARE PROVIDED BY ACTIVESET.ORG ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SECURE RFPs OR ACCESS TO THE SECURE RFPs IN THE SECURE AREA IS ASSUMED BY YOU. NEITHER ACTIVESET.ORG NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ACTIVESET.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ACTIVESET.ORG IS ALSO NOT TO BE HELD RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.


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7. IMAGE FILES LICENSE AGREEMENT
ATTENTION: THIS LICENSE DOES NOT REPRESENT OR CONSTITUTE A SALE OF ACTIVESET.ORG IMAGE FILES. THE FOLLOWING TERMS DEFINE AND LIMIT PERMISSIBLE USE OF THE IMAGE FILES. LIMITATIONS ON WARRANTIES AND/OR REMEDIES ARE DESCRIBED THEREIN. THIS LICENSE IS GRANTED ONLY TO BUSINESS ENTITIES, AGENTS OF BUSINESS ENTITIES, AND INDIVIDUALS WHO HAVE PAID THE DIRECTORY PROFILE ONE-YEAR INITIAL TERM FEE. THE ANNUAL FEE IS RENEWABLE THEREAFTER FOR EACH SUCCESSIVE ONE YEAR TERM FOR CONTINUED ACCESS TO AND USE OF THE IMAGE FILES.

IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE USING THE IMAGE FILES. DO NOT ACCESS THE ACTIVESET.ORG IMAGE FILE(S) IF YOU DO NOT AGREE TO THE TERMS THEREIN. BY ACCESSING THE ACTIVESET.ORG IMAGE FILE(S), YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING LIMITATIONS ON OBTAINING A LICENSE (SECTION A), MAINTAINING A LICENSE (SECTION B), USE AND LICENSEE RIGHTS (SECTIONS D AND E); AND LIMITATIONS OF WARRANTIES AND LIABILITY (SECTION G). BY ACCESSING THE IMAGE FILE(S), YOU ACCEPT AND AGREE THAT THESE TERMS ARE A BINDING CONTRACT. ACTIVESET.ORG WILL NOT PROVIDE A LEGAL OPINION AS TO WHETHER YOUR USE IS IN COMPLIANCE WITH THIS LICENSE. IF YOU ARE UNCERTAIN AS TO WHETHER YOUR INTENDED USE IS IN COMPLIANCE WITH THIS LICENSE AGREEMENT, SEEK THE ADVICE OF AN ATTORNEY. THIS LICENSE WILL TERMINATE IF YOU FAIL TO COMPLY WITH ANY OF ITS TERMS OR CONDITIONS.

a. Obtaining a License. BY PURCHASING AN ACTIVESET.ORG DIRECTORY PROFILE, ACTIVESET.ORG GRANTS YOU A NON-EXCLUSIVE, NONTRANSFERABLE LICENSE TO ACCESS AND USE THE IMAGE FILES IN ACCORDANCE WITH THE TERMS OF THIS LICENSE.
b. Maintaining a License. You will be granted a continued non-exclusive, nontransferable License to access and print the Image File(s) in accordance with the terms of this License. This License will terminate immediately upon non-payment of the Directory Profile one-year initial term fee and is renewable thereafter for each successive one year term for continued use of the Image File(s).
c. Proprietary Rights. The copyright, and all other rights in the Image File(s), shall remain with ActiveSET.org.
d. Use and Licensee Rights. Subject to restrictions described herein, you may:
1. Incorporate any Image File(s) into source emissions testing diagnostic, in-house, or compliance reports and proposals, and publish, display and distribute your report in any hardcopy or electronic media, provided you include the copyright notice contained within the Images reflecting the copyright ownership of Colleen Hodge as:
"Copyright © Colleen Hodge 1998. All rights reserved."
2. Store the Image File(s) on a network, storage jukebox or similar device provided that only licensed users are permitted access to the Image File(s).
3. Make one (1) copy of each Image File(s) for backup or archival purposes.
e. Use and Licensee Rights. Subject to restrictions described herein, you may not:
1. Incorporate or place any Image File(s) into your own Internet, Intranet, or other online or electronic work, specifically, but not limited to a webpage design, web advertising, web marketing, e-commerce, e-Zine, or e-mail.
2. Make Image File(s) available for downloading separately, or in a media format designed or intended for permanent storage or reuse by a third party(s).
3. Resell, assign, sublicense, or otherwise make available the Image File(s) for use or distribution, separately or detached, from a product or web page to third party(s). Customer's clientele may be provided with copies of the Image File(s) as an integral part of your work product. Your clientele or third parties are not permitted to use the Image File(s) separately or as part of any other product.
4. Reproduce the Image File(s) with any commercial or offset printing service provider.
5. Use or permit the use of the Image File(s), or any part thereof, as a trademark or service mark, or claim any proprietary rights in the Image File(s).
6. Use any of the Image File(s) related to identifiable individuals or entities, for any commercial purpose, or in a manner which suggests ActiveSET.org's association with or endorsement of any product or service.
7. Alter, erase, cut, crop, or enhance, the Image File(s) in any way, use portions of the Image File(s), or remove or disable the copyright notice which reflects the copyright ownership of the Images:
"Copyright © Colleen Hodge 1998. All rights reserved."
8. Share, release, rent, lease, sublicense, or lend the Image File(s) nor the address to the secure ActiveSET.org image file access area to another person, company or legal entity or other third party(s).
9. Distribute the Image File(s) with any other product(s), commercially or otherwise, including but not limited to multimedia applications, software, hardware, books, brochures, compilation CD's, training manuals, coursework materials, or the like, without the express consent of ActiveSET.org.
10. Distribute, transfer or sell the Image File(s) in digital form or otherwise, or in any other digital image collection or library.
11. Resell the Image File(s) in any form whether it has been altered, modified, merged or manipulated in any manner.
12. Remove or disable any markings that are included with the Image File(s).
13. Create obscene, defamatory, or immoral works using the Image File(s) nor use the Image File(s) for any other purpose prohibited by law;
14. Use any Image File(s) except as expressly permitted by this License.
Should you wish to acquire additional right(s), please contact ActiveSET.org, which may or not grant such right(s) at its sole discretion. Contact address: ActiveSET.org 3335 NW 47th Terrace Gainesville, Florida 32606, ATTN: Colleen Hodge
f. Term. This License shall continue for as long as you are in compliance with the terms and conditions of this Agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Image File(s) and to discontinue using the Image Files for any purpose.
The Limitations of Warranties and Liability set out below shall continue after any termination.
g. LIMITATIONS OF WARRANTIES AND LIABILITY:

1. THE IMAGE FILE(S) ARE PROVIDED AND LICENSED BY ACTIVESET.ORG ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGE FILES OR ACCESS TO THE IMAGE FILES IN THE SECURE AREA IS ASSUMED BY YOU. NEITHER ACTIVESET.ORG NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ACTIVESET.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. ACTIVESET.ORG IS ALSO NOT TO BE HELD RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
2. You acknowledge that: (a) this is a commercial business transaction; (b) occasional errors, omissions and misplacements may exist in our Image Files; (c) any potential harm from any error, omissions or misplacement is speculative in nature; (d) we assume no responsibility other than as contained in this License. You hereby agree to indemnify, defend and hold harmless ActiveSET.org and the officers, directors, agents, affiliates, distributors, franchises and employees of ActiveSET.org from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings: (i) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false content, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with the Image Files; or (ii) arising out of any material breach by you of any duty, representation or warranty under this Agreement.
h. Accessibility/Continuing Service and Access. ActiveSET.org reserves the right to discontinue your access and use of the Image File(s) at any time and for any reason.
i. U.S. Government Rights. With respect to any acquisition of the Image File(s) by or for any unit or agency of the United States Government (the "Government"), the Image File(s) shall be classified as "commercial computer software" as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Image File(s) was/were developed entirely at private expense, and no part of the Image File(s) was/were first produced in the performance of a Government contract. If the Image File(s) is/are supplied for use by the DoD, the Image File(s) is/are delivered subject to the terms of this Agreement and either (a) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (b) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Image(s) is/are supplied for use by a Federal agency other than the DoD, the Image File(s) is/are restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (c) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is ActiveSET.org 3335 NW 47th Terrace, Gainesville, Florida 32606.j. Eligibility. To be eligible to use the Image File(s) you must be in compliance with applicable export laws. By using or accessing the Image File(s) you are representing and warranting to ActiveSET.org that you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of : Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria, Taliban controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, or Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Image File(s), directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Image File(s) for, and will not allow the Image File(s) to be used for any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to use the Image File(s).


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B. COMPANY PROFILE: By purchasing a Company Profile you make a binding contract in which you agree to the terms and conditions of this Agreement and to pay for the advertising described on this section. ActiveSET.org, agrees to accept your order unless: (1) in our sole judgment it does not conform to our editorial standards; or (2) you have failed to pay any prior fees or charges. No services offered by ActiveSET.org are refundable or proratable under any condition, circumstance, removal or cancellation.
1. Description of Service. ActiveSET.org is providing you with a capability to initiate a single Web page that can be a "virtual" business advertisement through a service provided by us.
2. Contents. Company Profiles adhere to the ActiveSET.org standard format which consists of the features and information provided by Customer during the ordering process. Additions, enhancements, images, programming, links, electronic forms or Internet features other than that which is described in the ordering process are not available and will not be installed even if requested by Customer.
3. File Size. One Web page, limited to a file size of 40K and adhering to the ActiveSET.org Company Profile standard format as described during the ordering process.
4. Access to the Secure Area is not granted to Customers who have purchased a Company Profile.


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C. BANNER AD.
1. Description of Service. ActiveSET.org is providing you with the capability to forward users or visitors whom click on a link to your specific domain name or to another domain name designated by you through a service branded as "Banner Ads". You represent and warrant that you have the necessary rights to use the forwarding service to forward or point to your domain name(s) to the other domain name designated by you in ordering such services.
2. Format. Banner Ad dimensions are 300W x 35H Pixels and consist of two parts. One part for the logo (100W x 35H Pixels, filesize under 4K, gif or jpeg, no animation). The second part (200W x 35H) for the tag title.
3. Tag Title. To conform to the ActiveSET.org Banner Ad format, the Banner Ad is limited to a 30 character "Tag Title". The tag title will link to the Customer's Web address or to their Company Profile as specified in the ordering process.
4. Access to the Secure Area is not granted to Customers who have purchased a Banner Ad(s).


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D. NEWSLETTER ARTICLE.
1. Description of Service. ActiveSET.org is providing you with a capability to dispatch a single Newsletter Article that can be a "virtual" brochure to recipients of the "SET News!" newsletter as a service provided by us. Types of submissions include an article containing a news release, new product showcase, or other news worthy item suitable to the interest of air quality professionals.
2. Article Submissions. ActiveSET.org reserves the right to edit, re-purpose or re-publish all articles submitted to ActiveSET.org in any medium for any reason with proper credit to the author. Proper credit is defined as the Author's name and where possible a link to the Author's Website and/or email address, when such information has been included in the submission. The publication of any articles submitted to ActiveSET.org is solely at the discretion of ActiveSET.org.
3. Limitations. Newsletter Articles should be in the 60-70 word range and include a 2-line promotion of the author's site. Upon approval of content, the Customer's Newsletter Article will be published in one issue only of "SET News! Articles are formatted as plain text format with no HTML or images. Additional lines are available on a pro rata basis. "ALL CAPS TEXT" is not permitted.
4. Deadlines. For inclusion to the current month's issue of "SET News!", Newsletter Articles should be received by ActiveSET.org no less than two weeks prior to the 5th day of the month. All efforts will be made to include the Customer's Newsletter Article in the current month's issue but space is limited to availability. When space is not available, the Customer's Newsletter Article will be included in the next available monthly issue.
5. Publication Schedule. "SET News!" newsletters are dispatched via e-mail, to opt-in registered recipients only, once per month, except United States Legal Holidays.
6. Access to the Secure Area is not granted to Customers who have purchased a Newletter Article.

This is Advertising Services Agreement Version 2.0
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