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ADVERTISING AGREEMENT
Pittsburgh Web Source
PARTIES: Pursuant to this binding agreement Pittsburgh Web Source and the Advertiser, the person or
business placing the advertisment.
Advertiser agrees to pay all fee due to Pittsburgh Web Source for services rendered.
Pittsburgh Web Source shall reserve one guaranteed month of Advertising Space from the Advertising Start Date
on the Web server of: www.pittsburghwebsource.com for each month purchased by the advertiser.
DEFINITIONS:
"Advertising Space" means one Advertisement, stored on the Web Site Web server, with a defined Start Date, to
be e-mailed to Advertiser prior to the start date.
"Advertisement" means the graphic file supplied by an Advertiser which can be selected by a user as a Link.
"Link" means a request for information from a server other than the Pittsburgh Web Source Web servers.
"Slot" means an HTML page which may include a Pittsburgh Web Source Advertising Space and the Sponsor's Advertisement.
"Start Date" means the first day the Pittsburgh Web Source Web server will display the Advertisement.
"Pittsburgh Web Source Web server" means a server computer of Pittsburgh Web Source that users
may access via the Internet. Our Server computer is under contract with one or more hosting companies.
PAYMENT: Pittsburgh Web Source reserves the right to hold Advertiser and its authorized advertising agent jointly
and severally liable for any and all amounts owed.
RIGHT TO REFUSE UNACCEPTABLE ADVERTISING: Pittsburgh Web Source reserves the right to refuse any advertisement sponsorship
banner that does not completely conform to every detail, instruction, method, and guideline set in the Technical Specifications
which can be found on the Web Site. Pittsburgh Web Source reserves the right to refuse any advertisement graphic
that does not arrive Fourteen days before the Advertiser would like the banner to be produced online. Pittsburgh
Web Source does not accept advertising from companies that produce or provide pornographic products or services (which
Pittsburgh Web Source shall have complete discretion to define), or their subsidiaries, or foundations funded by such companies
whose function is to improve acceptance of such products by the public. This Agreement is voidable by Pittsburgh Web Source
immediately if Advertiser fails to disclose (or conceals or misrepresents) any involvement with pornographic products
or services. In addition, Pittsburgh Web Source may in its complete discretion refuse the use of any other advertising
that it deems appropriate.
USAGE STATISTICS: Pittsburgh Web Source MAKES NO GUARANTEE TO ANY PUBLISHED NUMBERS AT ANY GIVEN TIME. Pittsburgh
Web Source SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AS THEY RELATE TO SAID USAGE STATISTICS. Pittsburgh Web Source IS
NOT REQUIRED TO PROVIDE ADVERTISERS WITH USAGE STATISTICS.
TRUTH IN ADVERTISING / INDEMNIFICATION FOR LIABILITY: Advertiser is solely responsible for any legal liability arising
out of or relating to (1) the Advertisement, and/or (2) any material to which users can link through the Advertisement. Advertiser
represents and warrants that the Advertisement and Link comply with Pittsburgh Web Source advertising standards;
and that it holds the necessary rights to permit the use of the Advertisement and Link by Pittsburgh Web source for the purpose
of this Agreement; and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any
criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation
of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising,
unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any antidiscrimination law or regulation,
or any other right of any person or entity. Advertiser agrees to indemnify Pittsburgh Web Source and to hold Pittsburgh
Web Source harmless from any and all liability, loss, damages, claims, or causes of action, including reasonable legal
fees and expenses that may be incurred by Pittsburgh Web Source, arising out of or related to Advertiser's breach of any of
the foregoing representations and warranties. Advertiser agrees to request that Pittsburgh Web Source be listed as an additional
insured on any policy issued to Advertiser pursuant to which there could be coverage for any of the forms of legal liability
described in this paragraph.
LIMITATION ON DAMAGES: IN NO EVENT WILL Pittsburgh Web Source BE LIABLE TO SPONSOR FOR ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT Pittsburgh
Web Source HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ASSIGNMENT: Advertiser may not assign this agreement, in whole or in part, without Pittsburgh Web Source written
consent. Any attempt to assign this Agreement without such consent will be null and void.
GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of the State of Illinious.
ENTIRE AGREEMENT: This Agreement and any and all exhibits and attachments are the complete and exclusive agreement between
the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications,
and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by Pittsburgh
Web Source Pricing Information, whether printed on paper or electronically. The terms and conditions of this Agreement
will prevail over any contrary or inconsistent terms in any purchase order. This Agreement may only be modified, or any rights
under it waived, by a written document executed by both parties.
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