AS OF MARCH 2, 2006, THIS DOCUMENT IS NO LONGER VALID. TO READ THE CURRENTLY VALID TERMS & CONDITIONS, PLEASE CLICK HERE.

Blogads Adstrip Terms & Conditions for Publisher

To read the Terms & Conditions for Advertisers, please click here.
To read the Terms & Conditions for Viewers, please click here.

Welcome to the Blogads online advertising sale and display services (the "Service"). An individual or organization ("Advertiser") places an advertisement ("Blogad") via the Service into a Javascript ("Adstrip") that is displayed on one or more web Sites ("Site(s)"). This Adstrip is managed by you ("Publisher"). The Service runs on software developed and hosted by Pressflex LLC, its subsidiaries and third party contractors ("Application Provider"). Blogads are viewed by members of the public ("User"), who access Blogads via the World Wide Web. The Service is a venue for a Publisher and an Advertiser to organize, complete and fulfill advertising transactions. Application Provider is not involved in the actual transaction between an Advertiser and a Publisher, is not the agent of, and has no authority for either for any purpose. Any person or organization who wants to use the Service to sell and/or display Blogads must accept the Terms and Conditions of this Agreement without change. BY REGISTERING FOR AND USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SERVICE ARE INCORPORATED BY REFERENCE. Application Provider reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on theSite http://www.blogads.com/Documents/manager_Terms. You are responsible for reviewing any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SERVICE FOLLOWING APPLICATION PROVIDER S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT PERSUANT TO SECTION 5.3. AT ANY TIME UPON REQUEST BY APPLICATION PROVIDER, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

1. General Rules and Definitions



1.1 Your relationship to Application Provider is one of an independent contractor and/or customer. No employer-employee, agency, joint venture, franchise, sales representative or partnership relationship is created by this Agreement or your use of the Service.

1.2 You are solely responsible for the wording, customization and accuracy of your Adstrip and for all materials that appear in your Adstrip including, but not limited to:

(a) the creation of Adstrip descriptions and logos;
(b) the placement of Adstrip Javascript into the relevant Internet web Site(s);
(c) the acceptance, editing and rejection of Blogads submitted into your Adstrip,
(d) accuracy and appropriateness of materials you post on the Adstrip;
(e) ensuring that Blogads or User comments accepted to your Adstrip do not violate or infringe upon the rights of any third party; are not defamatory, obscene, threatening, abusive or hateful and
(f) ensuring that materials posted in your Adstrip are not libelous or otherwise illegal.

1.3 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activities conducted on Application Provider s servers. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Service infrastructure. You agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.

2.Intellectual Property



2.1 All Blogads uploaded to the Service by Advertiser including, without limitation, all intellectual property rights in the same, shall remain Advertiser s sole and exclusive property

2.2 All content uploaded to the Service by you ( Publisher Content ) including, without limitation, all intellectual property rights in the same, shall remain your sole and exclusive property.

2.3All software, equipment, data, information and materials, developed or provided by Application Provider or its suppliers under this Agreement or used by Application Provider to provide the Service including all intellectual property rights in the same shall remain the sole and exclusive property of Application Provider or its suppliers.

2.4 By publishing Publisher Content and Blogads in your Adstrip you grant Application Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit and display the Content (as well as permit others including without limitation to Application Provider s co-brand, content and syndication partners to do the same

2.5 You acknowledge and agree that Application Provider may preserve Publisher Content or Blogads and may also disclose the same if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any such Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Application Provider, its Advertisers, Users and the public.

2.6 In the event that Application Provider, the bulk of its assets or one or more of its Sites is acquired by another company, Publisher Content submitted via the Service may be among the transferred assets.

2.7 While Application Provider appreciates your feedback on the Service, you are asked to be specific and not to submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the Submission ), the Submission shall be the property of Application Provider. None of the Submission shall be subject to any obligation of confidence on Application Provider s part and it shall not be liable for any use or disclosure of any Submission. Application Provider shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. You grant to Application Provider your rights to any Submissions submitted by an Advertiser or User.

3.Liability/Warranties/Indemnification



3.1 You shall indemnify Application Provider in respect of all liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with a breach of your obligations under this Agreement.

3.2 YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND APPLICATION PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE 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. APPLICATION PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

3.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLICATION PROVIDER THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

3.4 APPLICATION PROVIDER, ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO MEMBER OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PRUCHASE OF ANY GOODS OR MERCHANDISE, MEMBER S ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

3.5 YOU HEREBY AGREE TO RELEASE APPLICATION PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH MEMBER S USE OF THIS SITE

3.6 The aggregate liability for Application Provider to you for all claims arising from the use of the Service is limited to the net proceeds to Application Provider from Blogads sales your Adstrip generates in the previous calendar month.

3.7 Application Provider shall not be responsible for the content of the Adstrips hosted under the Service. Application Provider does not review Blogads, User comments or Publisher Content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any Adstrips. However, Application Provider reserves the right to remove from its servers any Blogad or Adstrip which it determines to be in violation of its rules and guidelines.

3.8 You are responsible for all usage or activity on your Adstrip account, including use of the account by any third party authorized by you to use your user name and password. You are advised to maintain the confidentiality of your Service password. You are responsible for ensuring that you exit from your account at the end of each session. You are responsible for the usage of Your Adstrip on your web Site or on any other web Site. You bear sole responsibility to regulate the use of your Adstrip by other users of the World Wide Web or Site publishers.

4.Conditions for Usage



4.1 You shall provide Pressflex with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of this Agreement. Pressflex reserves the right to refuse any application at its sole discretion

4.2 You must be above the age of 13 to use the Service as a Publisher.

4.3 You may not select or use a user name or Adstrip name with the intent to impersonate another person, company or entity, nor use a name subject to the rights, including intellectual property rights of any person other than you without written authorization, nor use a user name that Application Provider, in its sole discretion, deems offensive.

4.4 Any Adstrip should appear immediately adjacent to content or editorial functionality. At least one of your Adstrips must begin less than 400 pixels from the top of the web page.

4.5 No Adstrip may be posted multiple times on the same web page. At least one "Advertise here" html hyperlink supplied as part of the default Adstrip code directed to the Blogad ordering form for Publisher must appear on every page of the Site(s) that contains the Adstrip(s).

4.6 You may display advertising material from sources other than Application Provider on your Internet web Site(s) provided that all other advertising material in the same column as the Adstrip(s) appears below the Adstrip(s). When advertisements appear in multiple columns of a site, Blogads must appear in the left-most column.

4.7 Excluding first party ad sales, Publisher agrees to give Application Provider equal access on equal terms to sell advertising into any advertising format or location created on the Site(s) in each case that the size and formatting of the advertising area matches the size and formatting of an ad unit provided by Application Provider. You are responsible for notifying Application Provider by e-mail at booking@blogads.com or via the appropriate Application Provider web form of the temporary unavailability of any such advertising area because of its booking.

4.8 Adstrips submitted to topic-specific pages via the appropriate Application Provider form must deliver audiences focused on the topic(s) specified. If the name of the Adstrip, submitted via the appropriate Application Provider form, suggests topicality, you need to deliver audiences focused on the relevant topic(s). You are solely responsible for renaming and reclassifying the Adstrip via the appropriate Application Provider forms if the focus of the web Site on which the Adstrip is displayed changes.

4.9 If an Adstrip is set up to run on more than one web Site, you need to identify the Sites contributing to the Adstrip's traffic tally via the appropriate Application Provider form.

4.10 Your will not send unsolicited e-mail ("spam") to attract Users or Advertisers to your Adstrip or any Blogads.

4.11 You will be notified of each new ad submission via the email address you specified on the appropriate Application Provider form and will have the right to approve or reject each submitted ad ("pending ads"). Application Provider reserves the right to approve on your behalf any pending ad after 4 days of the ad's submission by Advertiser. Advertiser may cancel pending ads. No money is due to you on canceled or rejected ads, regardless of the time and method of rejection or cancelation.

4.12 You acknowledge that Application Provider may establish general practices and limits concerning use of the Service, including without limitation the maximum number of paid-for and free Blogads that can be placed into an Adstrip, the maximum disk space that will be allotted on Application Provider s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You further acknowledge that Application Provider reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

4.13 For the mutual protection of Publishers and Application Provider, your relationship with Advertisers is governed by the Blogads Advertiser Terms and Conditions and your relationship with Users is governed by the Blogads User Terms and Conditions. These Agreements constitute your entire agreement with Advertisers and Users. Application Provider reserves the right to change these Agreements, in its sole and absolute discretion, with or without any notice to you. Your continued use of the service following Application Provider s posting of any changes to those agreements will constitute your acceptance of such changes or modifications.

5.Termination



5.1 Application Provider reserves the right to terminate you and remove the Adstrip from the Internet without notice for any reason, or for no reason.

5.2 If Application Provider terminates the Agreement, it will send an email to you if you have supplied a valid address on the relevant registration form. If you have not supplied a currently valid email, Application Provider may terminate this Agreement without any notice.

5.3 You may terminate this agreement for any reason, or for no reason by removing your Adstrip from the Internet and sending an e-mail to terminate@blogads.com.

5.4 If this Agreement is terminated by either party, you agree to reimburse all current Advertisers the pro rata share of their purchase.

6.Rates and Payment



6.1 You are responsible for setting the advertising rates for placing Blogads into your Adstrip

6.2 Application Provider reserves the right to determine the service fee it charges based on your revenue or other measures Application Provider may devise. If a service fee applies, the rate policy will always be available to you on the password-protected administrative area of your Adstrip, via the hyperlink labeled Service fees .

6.3 Application Provider handles payment for Blogads submitted and provides you an online summary of the activity on your Adstrip. Charges shall be calculated solely based on records maintained by Application Provider. No other measurements or statistics of any kind shall be accepted by Application Provider or have any effect under this Agreement.

6.4 If you discontinue or suspend publication of an Adstrip into which ads have been sold, you agree to reimburse all current Advertisers the pro rata share of their purchase.

6.5 You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, including but not limited to personal income tax, social security obligations, sales tax and use tax if applicable. You also agree that Application Provider is not obligated to determine whether sales or use taxes apply on any Blogads sales and is not responsible to collect, report, or remit any sales or use taxes arising from any such transaction.

6.6 Payments for ads may occur via PayPal, credit card using WorldPay services ( Payment Service Providers ) or, upon special arrangement, by check. Payments are limited by terms of Payment Solution Providers. Accrued credits equal to and over $75.00 shall be paid for the corresponding month within within fifteen (15) days following the end of a calendar month, provided that payment from Advertiser has been received by Application Provider. If accrued credits payable to you for any calendar month are less than $75.00, Application Provider will hold those credits until the total amount due is at least $75.00. Sales credits less than $75.00 will be accrued until the end of the calendar year. Application Provider will pay out credits less than $75.00 accumulated in the previous year within sixty (60) days after the end of the calendar year. It is your sole responsibility to generate the sales necessary to reach the $75.00 minimum amount required for monthly payment. If this Agreement is terminated by Application Provider or you, Application Provider will pay you the balance of your earnings within ninety (90) days after termination of the Agreement.

6.7 Accrued credits are sent to your e-mail address via PayPal or, by special arrangement for payouts above $750, by check. You are solely responsible for opening a PayPal account and for registering the PayPal account's e-mail address and your postal address with Application Provider via the appropriate Application Provider form. If a PayPal payment is not claimed within the time period specified by the terms of PayPal you forfeit the entire amount and the payment is canceled. If the check is not cashed within its expiry period, you forfeit the entire amount and the payment is canceled.

7.Children's Privacy Statement



This children s privacy statement explains Application Provider s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

7.1 Application Provider does NOT knowingly collect personally identifiable information from children under the age of thirteen. If Application Provider becomes aware that it has inadvertently received personally-identifiable information from a user under the age of thirteen, it will delete such information from its records. If Application Provider changes its practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.

7.2 Because Application Provider does not collect any personally identifiable information from children under Athe age of thirteen, Application Provider also does NOT knowingly distribute such information to third parties.

7.3 Application Provider does NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.

7.4 Because Application Provider does not collect any personally identifiable information from children under the age of thirteen, it does NOT condition the use of the service by a child under thirteen.

8.Miscellaneous



8.1 This Agreement shall be governed in all respects by the laws of Delaware and the parties agree to submit to the non-exclusive jurisdiction of the Delaware courts.

8.2 Official correspondence should be sent to Pressflex LLC, 160 Woodland Road, Montreat, NC 28757.

8.3 Application Provider may retain and use for its own purposes any Publisher Content Application Provider may share aggregate (i.e., not personally identifiable) information about Publishers with advertisers, business partners, including syndication partners, sponsors, and other third parties.

8.4 This Agreement constitutes the entire agreement between you and Application Provider with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement.



To read the Terms & Conditions for Advertisers, please click here.
To read the Terms & Conditions for Viewers, please click here.
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