TERMS OF SERVICE

Acceptance of Terms

Best of the Web (BOTW) provides its service to you, subject to the following Terms of Service, which may be updated from time to time without notice. You are encouraged to check back frequently, as our Terms of Service may change.

For the terms of submission in regards to a web directory listing, please click here.
For the terms of submission in regards to submitting a sponsorship, please click here.
For the terms of submission in regards to a BOTW ProListing, please click here.

Description of Service

BOTW currently provides users with access to a collection of resources, including, a directory of the internet’s websites (the "Service"). You understand and agree that the Service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the Service may include certain communications from BOTW, such as service announcements, administrative messages and the BOTW newsletter, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features enhancing the current Service, including the release of new BOTW features and services, shall be subject to the Terms of Service. Please be aware that BOTW has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

Registration

If you choose to register a password protected user profile with BOTW - which is required only if you want to submit your site for review, nominate your site, or take advantage of such other services as may be offered only to users with a profile - you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BOTW has reasonable grounds to suspect that such information is untrue, BOTW has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Password and Security

You will receive a password and account name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify BOTW of any unauthorized use of your password or account or any other breach of security. BOTW is not liable for any loss or damage arising from your failure to follow these instructions.

Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://botw.org/helpcenter/privacy.aspx.

Indemnity

You agree to indemnify and hold BOTW, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Sites you submit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use

You acknowledge that BOTW may establish general practices and limits concerning use of the Service. You agree that BOTW has no responsibility or liability for the deletion or failure to store any messages and other communications or other Sites maintained or transmitted by the Service. You acknowledge that BOTW reserves the right to deactivate accounts that violate our TOS, or violate our Submission Policies. You further acknowledge that BOTW reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to Service

BOTW reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BOTW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that BOTW, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Site within the Service, for any reason, including, without limitation, if BOTW believes that you have violated the TOS. BOTW may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BOTW may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that BOTW shall not be liable to you or any third-party for any termination of your access to the Service.

Advertisers

Your dealings with advertisers found on or through the Service are solely between you and such advertiser. You agree that BOTW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service provides links to other World Wide Web sites or sources. Because BOTW has no control over such sites and resources, you acknowledge and agree that BOTW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BOTW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

BOTW Proprietary Rights

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BOTW or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BOTW EXPRESSLY DISCLAIMS 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.
  • BOTW MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
  • NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOTW OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOTW SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to you on the Service.

Trademark Information

BOTW trademarks and service marks, and other BOTW logos and product and service names (“BOTW Marks”) are trademarks of BOTW. Without BOTW’s prior permission, you agree not to display or use in any manner, the BOTW Marks.

Copyrights

BOTW respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide BOTW the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the infringed copyrighted work;
  3. a description of where the infringing material is located on the site;
  4. your address, email address, and telephone number;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be sent via Certified Mail to:

Best of the Web
c/o Copyright Department
420 Jericho Tpke, Ste 328
Jericho, NY, 11753

General Information

The Terms of Service constitute the entire agreement between you and BOTW, superceding any other agreements between you and BOTW. The TOS and the relationship between you and BOTW shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BOTW agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Nassau, New York. The failure of BOTW to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Sponsorship Billing

As a Best of the Web Sponsorship customer, you are expressly agreeing that we are authorized to charge you a monthly fee at the rate at the time of purchase to the credit card you provided during sign up, or such other replacement credit card as you notified us to use. The monthly fee will be charged on the date that corresponds with the date you signed up for your subscription. You can access your account at https://secure.botw.org/secure/signin.aspx to check for your next renewal. Your Best of the Web Sponsorship will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews each month in order to avoid billing of the next month's charge to your credit card. Subscription fees are fully earned upon payment and there are no refunds or credits for partial months.  You may cancel your Best of the Web Sponsorship subscription within your account at any time by logging in here https://secure.botw.org/secure/signin.aspx.   For additional information contact customer service here, http://botw.org/helpcenter/contact.aspx

Web Directory Billing

As a Best of the Web Directory customer, you are expressly agreeing that we are authorized to charge you an annual fee at the rate at the time of purchase to the credit card you provided during sign up, or such other replacement credit card as you notified us to use. The annual fee will be charged on the date that corresponds with the date you signed up for your listing. You can access your account at https://secure.botw.org/secure/signin.aspx to check for your next renewal. Your Best of the Web Directory listing will continue annually unless and until you cancel your subscription or your account is terminated by Best of the Web. You must cancel your subscription before it renews in order to avoid billing of the next annual charge to your credit card. Subscription fees are fully earned upon payment and there are no refunds or credits for partial years. You may cancel your Best of the Web Directory listing within your account at any time by logging in here https://secure.botw.org/secure/signin.aspx. For additional information contact customer service here, http://botw.org/helpcenter/contact.aspx

ProListing Billing

As a Best of the Web ProListing customer, you are expressly agreeing that we are authorized to charge you a monthly fee at the rate at the time of purchase to the credit card you provided during sign up, or such other replacement credit card as you notified us to use. The monthly fee will be charged on the date that corresponds with the date you signed up for your subscription. You can access your account at https://secure.botw.org/secure/signin.aspx to check for your next renewal. Your Best of the Web ProListing will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews each month in order to avoid billing of the next month's charge to your credit card. Subscription fees are fully earned upon payment and there are no refunds or credits for partial months. You may cancel your Best of the Web ProListing subscription within your account at any time by logging in here https://secure.botw.org/secure/signin.aspx. For additional information contact customer service here, http://botw.org/helpcenter/contact.aspx