Banner Advertising Terms and Conditions
These Banner Advertising Terms and Conditions ("Agreement") govern the purchase, placement, display, renewal, and use of banner advertising through linkUwant on the Domain Name identified in the agreement header. By purchasing, renewing, editing, saving, or continuing an Advertisement, Customer agrees to these terms.
1. Definitions
1.1 "linkUwant" means the Provider identified in the agreement header and the linkUwant advertising service operated by that Provider.
1.2 "Customer" or "Advertiser" means the customer identified in the agreement header and any person or entity purchasing, placing, renewing, editing, or controlling an Advertisement.
1.3 "Domain Name" means eDomainRental.com, the domain name identified in the agreement header on which the Advertisement is purchased for display.
1.4 "Advertisement" or "Banner Advertisement" means the banner advertisement, including its text, images, graphics, logos, trademarks, links, and other content, submitted or approved by Customer for display through linkUwant.
1.5 "Ad Price" means the price applicable to the Advertisement for the advertising period selected by Customer.
1.6 "Prohibited Material" means any content, image, link, product, service, representation, or other material that is unlawful, infringing, fraudulent, deceptive, defamatory, obscene, abusive, harmful, malicious, or otherwise prohibited or considered inappropriate by linkUwant in its sole discretion.
2. Advertising Terms and Conditions
2.1 Advertising Period
Advertising is offered for weekly, monthly, or yearly periods, as selected by Customer. The applicable advertising period begins upon successful payment and activation of the Advertisement.
2.2 Automatic Renewal
Advertisements automatically renew for successive periods matching the advertising period selected by Customer unless automatic renewal is turned off. Customer may turn off renewal at any time by logging into Customer's account and going to My Banners > Setup. Turning off renewal stops future recurring payments only. The Advertisement remains eligible for display through the expiration of the advertising period already paid for.
2.3 Ad Price and Price Changes
The Ad Price remains the price at which Customer purchased the Advertisement, including subsequent renewals and renewal of an expired Advertisement, unless linkUwant changes the Ad Price. linkUwant may change the Ad Price upon at least seven (7) days' notice to Customer. Any changed Ad Price will take effect on the next renewal occurring after the required notice, allowing Customer an opportunity to turn off automatic renewal before the new Ad Price is charged.
2.4 Failed Renewal Payments and Expiration
If a renewal payment fails, the Advertisement may remain online through the expiration of the advertising period already paid for. At expiration, the Advertisement will be removed from display. Customer may later log into Customer's account and renew an expired Advertisement, subject to availability, these terms, and any properly noticed change to the Ad Price.
2.5 Inventory, Size, Placement, and Availability
Banner inventory is limited to the banner sizes and quantities offered for eDomainRental.com (the "Domain Name"). Available positions, including larger banner positions, are offered on a first-come, first-served basis. Customer receives no exclusive advertising right, category exclusivity, or protection from competing advertisers. linkUwant may display advertisements from other advertisers, including competitors of Customer, on the same Domain Name.
2.6 Placement and Website Changes
linkUwant may change the location or position of an Advertisement while maintaining the purchased banner size or category. linkUwant may also change the design, layout, content, features, advertising positions, or operation of the Domain Name or associated website at any time. Such changes do not constitute cancellation or breach of this Agreement.
2.7 Multiple Domain Names
Customer may use or place an Advertisement on multiple Domain Names when separately authorized or purchased for those Domain Names. Each placement is subject to applicable availability, payment, review, and advertising requirements.
2.8 No Ownership or Control of Domain Name
Advertising on eDomainRental.com does not give Customer any ownership, leasehold, license, management, operating, possessory, intellectual property, or other right in the Domain Name. Customer shall not state, suggest, advertise, or imply that Customer owns, operates, controls, manages, represents, or is officially affiliated with the Domain Name merely because Customer advertises on it.
2.9 Customer Edits
Customer may edit, change, and save an Advertisement after purchase. Any edited or revised Advertisement remains subject to this Agreement and the linkUwant review and abuse process. Saving an edited Advertisement resets any prior approval, and the revised Advertisement must proceed through the review process again.
3. Advertising Content, Review, and Abuse
3.1 Immediate Display and Continuing Review
An Advertisement may become live immediately following successful payment. Immediate display does not constitute approval, acceptance, endorsement, or waiver by linkUwant. All Advertisements remain subject to review and enforcement under this Agreement.
3.2 Right to Reject or Remove
linkUwant may reject, suspend, disable, or remove any Advertisement before or after it goes live. linkUwant has sole discretion to determine whether an Advertisement contains Prohibited Material, violates this Agreement, violates linkUwant advertising requirements, or is otherwise unacceptable for display.
3.3 Prohibited Material
Customer shall not submit, publish, link to, promote, or use Prohibited Material in connection with an Advertisement. linkUwant is not required to publish an exhaustive list of prohibited content, and the absence of a particular type of material from any policy or example does not limit linkUwant's right to reject or remove it.
3.4 Abuse Reporting and Review
Advertisements may include an abuse-reporting feature allowing visitors to report suspected abuse or prohibited content. If an Advertisement has not received manager approval, an abuse report may cause the Advertisement to be removed from display pending review. Once an Advertisement has received manager approval, an abuse report alone will not automatically remove it. linkUwant may nevertheless review, suspend, reject, or remove an approved Advertisement when linkUwant determines action is appropriate.
3.5 Review Time After Abuse Report
When an unapproved Advertisement is reported for abuse and removed from display, linkUwant will review the Advertisement within three (3) business days. If linkUwant determines that the Advertisement may be displayed, it may be restored. The advertising period continues to run while the Advertisement is offline pending review, and no credit, refund, extension, or additional advertising time is due for that period.
3.6 Removal for Violation
If an Advertisement is rejected, suspended, or removed because of abuse, Prohibited Material, infringement, Customer misconduct, or another violation of this Agreement, Customer is not entitled to a refund, credit, extension, or replacement advertising period.
4. Customer Representations and Responsibilities
4.1 Rights to Advertising Content
Customer represents and warrants that Customer owns or has obtained all rights, licenses, permissions, releases, and authorizations necessary to use every photograph, image, illustration, logo, trademark, service mark, trade name, graphic, text, video, likeness, and other material contained in or used with the Advertisement.
4.2 No Infringement
Customer represents and warrants that the Advertisement and its use do not infringe or violate any copyright, trademark, service mark, trade dress, publicity right, privacy right, contractual right, intellectual property right, or other right of any person or entity.
4.3 Accuracy and Legality
Customer is solely responsible for the truthfulness, accuracy, legality, and substantiation of all advertising claims and for compliance with all laws, regulations, industry requirements, and obligations applicable to Customer, Customer's business, and the Advertisement.
4.4 Destination Website
Customer is solely responsible for every website, page, application, telephone number, email address, or other destination associated with the Advertisement, including its content, operation, availability, security, privacy practices, products, services, transactions, and legal compliance. linkUwant does not control or assume responsibility for Customer's destination or Customer's dealings with visitors.
4.5 Account, Contact, and Payment Information
Customer is responsible for maintaining accurate and current account, contact, and payment information. Customer is responsible for monitoring Customer's account, renewal status, expiration dates, notices, and Advertisements.
5. No Advertising Guarantees
linkUwant does not guarantee any minimum number of impressions, views, clicks, inquiries, calls, leads, conversions, sales, customers, search-engine results, search rankings, traffic, revenue, profit, or other advertising result. Customer acknowledges that advertising performance depends on numerous factors outside linkUwant's control and that no particular result has been promised.
6. Interruptions and Downtime
Customer acknowledges that websites, servers, networks, Internet services, payment systems, and other technology may experience maintenance, interruptions, errors, outages, attacks, delays, or other periods of unavailability. Temporary downtime or interruption does not entitle Customer to a refund, credit, extension, or other compensation.
7. Termination and Refunds
7.1 Termination by linkUwant
linkUwant may terminate an Advertisement or this advertising relationship at any time, with or without cause and with or without prior notice. If linkUwant terminates an Advertisement when Customer has not violated this Agreement, Customer's sole remedy is a prorated refund of the unused portion of the Ad Price.
7.2 Sale or Transfer of Domain Name
eDomainRental.com may be sold, purchased, transferred, assigned, or otherwise acquired by another party at any time. If the Advertisement is terminated because the Domain Name is sold, transferred, or otherwise acquired, Customer will receive a prorated refund of the unused portion of the Ad Price. Customer has no right to prevent, delay, condition, or participate in any sale or transfer of the Domain Name.
7.3 Customer Violation
If linkUwant terminates, rejects, suspends, or removes an Advertisement because of Customer's violation of this Agreement, Prohibited Material, abuse, infringement, unlawful conduct, or other Customer misconduct, no refund is due.
8. Indemnification and Hold Harmless
To the fullest extent permitted by law, Customer shall defend, indemnify, and hold harmless linkUwant, the Provider identified in the agreement header, and their respective owners, members, managers, officers, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to the Advertisement, Customer's content, Customer's business, Customer's products or services, Customer's destination website or other destination, Customer's acts or omissions, any allegation of infringement or violation of third-party rights, or Customer's breach of this Agreement.
9. Limitation of Liability
To the fullest extent permitted by law, linkUwant and the Provider shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost business, lost opportunities, loss of goodwill, loss of data, or other economic loss arising from or relating to the Advertisement, the Domain Name, an advertising interruption, removal, review, rejection, termination, or this Agreement, regardless of the theory of liability.
Except for a prorated refund expressly required by this Agreement, the total aggregate liability of linkUwant and the Provider arising from or relating to an Advertisement shall not exceed the prorated amount of the Ad Price attributable to the unused portion of the then-current paid advertising period. Customer agrees that this limitation is an essential part of the parties' allocation of risk.
10. General Terms
10.1 Governing Law and Venue
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any legal action or proceeding arising from or relating to this Agreement shall be brought in a court of competent jurisdiction located in Lee County, Florida, and Customer consents to personal jurisdiction and venue there.
10.2 Notices
linkUwant may provide notices electronically using the email address or account information maintained by Customer, by posting notice within Customer's account, or by another reasonable electronic method. Customer is responsible for keeping contact information current.
10.3 Assignment
Customer may not assign or transfer this Agreement or any advertising rights without linkUwant's prior written consent. linkUwant may assign or transfer this Agreement, the advertising service, or its rights and obligations in connection with a sale, transfer, restructuring, or other business transaction.
10.4 Force Majeure
linkUwant is not responsible for delay, interruption, or failure caused by events beyond its reasonable control, including acts of God, natural disasters, utility or Internet failures, cyberattacks, governmental action, labor disputes, war, terrorism, civil disturbance, equipment failure, or failures of third-party services.
10.5 Severability
If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
10.6 Waiver
A failure or delay by linkUwant to enforce any provision does not waive that provision or any other right. A waiver is effective only for the specific matter for which it is given.
10.7 Entire Agreement
This Agreement, together with the applicable advertising order, account selections, and any policies or terms expressly incorporated into it, constitutes the entire agreement concerning the Advertisement and supersedes prior or contemporaneous representations concerning that Advertisement.
11. Customer Acknowledgments
Customer acknowledges and agrees that:
(a) Prior to payment, Customer has been provided the opportunity to review and agree to these Banner Advertising Terms and Conditions. By checking the acknowledgment indicating that Customer has read and agrees to these Terms and Conditions and by submitting payment for the Advertisement, Customer expressly accepts and agrees to be bound by this Agreement. Customer agrees that such electronic acknowledgment and payment constitute Customer's execution and acceptance of this Agreement with the same force and effect as a written signature;
(b) Customer has the legal right and authority to submit and use all content contained in the Advertisement;
(c) advertising on eDomainRental.com does not give Customer any ownership or operating right in that Domain Name;
(d) linkUwant may review, reject, suspend, remove, reposition, or terminate an Advertisement as provided in this Agreement;
(e) no advertising results are guaranteed;
(f) Advertisements automatically renew unless Customer turns off renewal;
(g) Customer is responsible for maintaining current account, contact, and payment information; and
(h) Customer's purchase, renewal, edit, save, or continued use of the advertising service constitutes Customer's acceptance of this Agreement.