1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. SUBMISSIONS

HoustonBusiness.com™ values and encourages User feedback on its products and services. Pursuant to HoustonBusiness.com™ company policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested by HoustonBusiness.com™. Our policy is designed to eliminate the possibility of future misunderstandings and disputes if and when HoustonBusiness.com™ decides to implement an idea that is similar to one submitted by you. We hope you understand the business reasons behind our policy. If you choose to send any creative submissions to us, whether at HoustonBusiness.com™ request or despite our request that you do not send submissions to us, all submissions shall be deemed, and shall remain, the exclusive property of HoustonBusiness.com™, and HoustonBusiness.com™ shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe. HoustonBusiness.com™ shall be entitled to complete unrestricted use of the submissions for any purpose, whether commercial or otherwise, without compensation to the provider of the submissions.

6. USER ACCOUNT INFORMATION

You agree to: (a) maintain all equipment required for your access to and use of the Website; (b) maintain the security of your user identification, password, and other confidential information relating to your Website account; and (c) be responsible for all charges resulting from use of your Website account, including unauthorized use prior to your notifying HoustonBusiness.com™ of such use and taking prompt steps to prevent its further occurrence by changing your password. You further agree to notify HoustonBusiness.com™ in writing immediately upon your discovery that any of your account or password information may have been compromised or otherwise used in any manner by unauthorized persons.

7. USER REPRESENTATIONS & WARRANTIES

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. You agree to be financially responsible for your use of the Website (as well as for use of your account by others, including minors living with you or accessing your account with your permission or consent) and to comply with your responsibilities and obligations as stated in this Agreement.

8. SECURITY

HoustonBusiness.com™ uses Secure Sockets Layer ("SSL") encryption when processing orders over the Internet. The SSL protocol encrypts your information and transmits your information through the Internet to the Website.

9. FORUM, DISCUSSION, & BULLETIN BOARDS

User agrees not to post, distribute, or otherwise publish on the Website any content that is libelous, defamatory, obscene, pornographic, abusive, threatening, harassing, or that violates any state, federal, or international law. User understands that HoustonBusiness.com™ will comply fully with any and all subpoenas and other legal processes from law enforcement. User agrees that any forum, discussion, or bulletin board service on the Website shall be used only in a noncommercial manner. User shall not, without the express written consent of an authorized representative of HoustonBusiness.com™, post, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. User understands that HoustonBusiness.com™ does not, and cannot, review, edit, or otherwise screen any message posted by Users in any forum, discussion, or bulletin board service on the Website. User agrees and understands that HoustonBusiness.com™ is not responsible for the content of, and does not accept or endorse the views set forth in, any messages posted on the Website. HoustonBusiness.com™ does, however, reserve the right to delete, move, or edit any messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. User understands and agrees that User shall remain solely responsible for the content of any messages posted, distributed, or otherwise published by you on the Website. Failure to comply with this section may result in HoustonBusiness.com™ canceling your account and prohibiting you from accessing the Website in the future.

10. EXTERNAL LINKS TO THIRD-PARTY SITES

The Website may provide links to sites owned, operated, and/or controlled by third parties over whom HoustonBusiness.com™ has no control (the "External Links"). HoustonBusiness.com™ encourages you to use discretion when browsing the Internet using our service or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, HoustonBusiness.com™ cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites. You hereby irrevocably waive any claim against HoustonBusiness.com™ with respect to any third-party sites. The External Links are provided to the User strictly as a convenience. The User alone is solely responsible for anything that occurs on or is related in way to the access or use of an External Link or third-party site.

11. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HoustonBusiness.com™ 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 Website.

12. GOVERNING LAW, JURISDICTION & VENUE

All uses of this site, and all information contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Texas, without reference to conflicts of laws provisions, and the United States of America. You further agree that jurisdiction and venue of any claims arising under or relating to this Agreement shall be exclusive in Harris County, Texas. You expressly agree to submit to jurisdiction and venue in Harris County, Texas regardless of the location from which you access or use information or materials from this site. Accordingly, any claim or action arising under or relating to this Agreement may be brought only in Harris County, Texas, and the Parties agree to waive jurisdiction and venue in any other forum.

13. SOFTWARE EXPORT CONTROLS

Users who choose to access this site from locations outside of the United States and Canada do so on their own initiative and are responsible for compliance with all local laws. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software at the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

14. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HOUSTONBUSINESS.COM™, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY'S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO, YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING TO YOUR USE OF THIS SITE. HOUSTONBUSINESS.COM™ MAY, AT ITS SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE THE POTENTIAL TO ADVERSELY AFFECT HOUSTONBUSINESS.COM'S™ RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT HOUSTONBUSINESS.COM'S™ PRIOR WRITTEN APPROVAL.

15. LIMITATION OF LIABILITY

YOU AGREE THAT HOUSTONBUSINESS.COM™, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE IN ANY WAY TO YOUR USE OF, OR HOUSTONBUSINESS.COM'S™ PROVISION OF THE CONTENT, INFORMATION, OR OTHER MATERIAL EITHER CONTAINED IN THIS SITE, ANY HOUSTONBUSINESS.COM™ NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, HOUSTONBUSINESS.COM™ SHALL NOT BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.

16. DISCLAIMER OF ALL WARRANTIES

ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES, VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED ON AN "AS IS" BASIS. HOUSTONBUSINESS.COM™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. HOUSTONBUSINESS.COM™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOUSTONBUSINESS.COM™ SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.

17. EXCLUSIONS & 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 LIMITATIONS IN SECTIONS 15 AND 16 ABOVE MAY NOT APPLY TO YOU.

1. Website Advertising Agreement

Advertiser agrees to pay to HoustonBusiness.com™ the fees charged by HoustonBusiness.com™ at the time advertising is purchased. All fees and payments are due on the first day of each month and must be paid in advance. Payments made by Advertiser under this Agreement are nonrefundable and will not be pro-rotated.

As of August 1, 2006, Basic Listings are $4.95 per month, per category for a minimum of 12 months. After the initial 12 month period, Basic Listings may be canceled upon 30-day written notice to cancellation@houstonbusiness.com. Premium Listings are $19.95 per month, per category for a minimum of 6 months. After the initial 6 month period, Premium Listings may be canceled upon 30-day written notice to cancellation@houstonbusiness.com. Banner ads sized 468 pixels by 60 pixels are $99.95 per month for a minimum of 6 months. After the initial 6 month period, banner ads may be canceled upon 30-day written notice to cancellation@houstonbusiness.com

All cancellations must contain the name and contact information for each the business listing or advertisement being canceled, as well as the billing information used to purchase the advertisement.

BY ACCEPTING THIS AGREEMENT USER AGREES THAT HOUSTONBUSINESS.COM MAY BILL THE CREDIT CARD OF A PERSON AUTHORIZED TO PURCHASE ADVERTISING ON BEHALF OF AN ADVERTIERS ON A RECURRING MONTHLY BASIS FOR EACH MONTH DURING THE TERM FOR WHICH ADVERTISER HAS SELECTED TO PURCHASE ADVERTISING. FOR EXAMPLE, AN ADVERTIERS WHO PURCHASES A BASIC LISTING FOR 12 MONTHS AGREES THAT HOUSTONBUSINESS.COM MAY CHARGE THE ADVERTISER'S CREDIT THE SUM OF $4.95 PER MONTH, PER SELECTED CATEGORY OF ADVERTISING.

2. Banner Requirements

The banner graphic must be in .jpg or .gif format and must be static; animated Flash, animated .gifs and other similar advertisements are not permitted. Banner Ads must 468 pixels by 60 pixels, and have a file size of less than 15KB. Advertiser agrees to furnish to HoustonBusinss.com™ a Banner Ad of appropriate dimensions and assumes all responsibility for delivering such Banner Ads to HoustonBusiness.com™. Advertiser further agrees and understands that failure to timely deliver a Banner Ad of required dimensions will not be grounds for a refund or terminating this Agreement. HoustonBusiness.com™ has only a limited number of advertising spaces available.

3. Button Requirements

The button graphic must be in .jpg or .gif format and must be static; animated Flash, animated .gifs and other similar advertisements are not permitted. Banner Ads must 145 pixels by 60 pixels, and have a file size of less than 7KB. Advertiser agrees to furnish to HoustonBusinss.com™ a Button Ad of appropriate dimensions and assumes all responsibility for delivering such Button Ads to HoustonBusiness.com™. Advertiser further agrees and understands that failure to timely deliver a Button Ad of required dimensions will not be grounds for a refund or terminating this Agreement. HoustonBusiness.com™ has only a limited number of advertising spaces available.

4. Representations & Warranties

Advertiser represents and warrants that the Banner Ad(s) and all components thereof do not infringe on any right of any third party, including, without limitation, copyright, trademark, patent, or trade secret.

5. Limitation of Liability & Disclaimer of Warranties.

THE HOUSTONBUSINESS.COM™ WEBSITE AND ALL COMPONENTS THEREOF IS OFFERED ON AN “AS IS” BASIS. HOUSTONBUSINESS.COM™ HEREBY DISCLAIMS ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, WHETHER STATUTORY, ARISING FROM COURSE OF DEALING, OR OTHERWISE, INCLUDING WITHOUT LIMITATION TERMS AS TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE AND NONINFRINGEMENT, AND IN NO EVENT SHALL HOUSTONBUSINESS.COM™ BE LIABLE TO ADVERTISER ANY ACTUAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, HOUSTNOBUSINESS.COM’S™ LIABILITY TO ADVERTISER OR ANY THIRD PARTY SHALL BE LIMITED TO THE SUM OF MONEY PAID IN BY ADVERTISER AS OF THE DATE OF ANY ALLEGED DAMAGES ALLEGED TO BE ATTRIBUTABLE TO THE CONDUCT OF HOUSTONBUSINESS.COM™.

6. Indemnification

Advertiser agrees to indemnify, hold harmless, and agrees to defend HoustonBusiness.com™ and its principals, officers, directors, shareholders, successors, and assigns, from and against all losses, liabilities, demands, costs, claims or expenses arising out of or related to any third party claims alleging infringement of any third party’s rights, and Advertiser agrees to pay all final judgments awarded or settlements entered into on such claims.

7. Waiver & Severability

The waiver by HoustonBusiness.com™ of a breach of any provision of this Agreement by Advertiser shall not operate or be construed as a waiver of any other or subsequent breach by Advertiser. If any provision of this Agreement is found to invalid or unenforceable, it shall be severed from the Agreement and the remaining provisions of the Agreement shall remain valid and in full force and effect to the fullest extent allowed by law.

8. Master Agreement Incorporated

This Agreement incorporates by Master Agreement by reference. To the extent of any conflict between the two agreements, this Agreement shall control.

9. Force Majeure

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reasons of any act of God, terrorism, war, fire, natural disaster, act of government, strikes or labor disputes, or any other act or condition reasonably beyond the control of the Parties.

10. Governing Law