Advertisement
The advertisement, banner advertisement, press release or other paid for promotion bearing the Customer Branding which the Customer wishes to appear on the Web Site, or the Newswire bearing the Customer Branding which the Customer wishes eTurboNews to send by e-mail to Newswire Subscribers, as the case may be.
 
Agreement
The agreement between eTurboNews and the Customer on these terms and conditions, in addition to those appearing on eTurboNews's Media Kit, and any Special Conditions.
 
Copy
The style and form in which the Advertisement will appear on the Web Site or in a Newswire, as determined by this Agreement and any Special Conditions and as agreed from time to time between eTurboNews and the Customer.
 
Customer
The person named as such on the Order Confirmation Form and/or their advertising agency.
 
Customer Branding
The branding of the Customer which may appear in the Advertisement.
 
Duration
The period for which the Advertisement will appear on the Web Site or the time period for your campaigns.
 
Order Confirmation
The advertising order confirmation received from Customers by email, mail, fax and/or verbally, indicating advertising purchased and related price(s), placement date(s), etc., which are subject to these terms and conditions.

Newswires & other Emails
Emails sent by or on behalf of eTurboNews to Subscribers.
 
Newswire Subscriber & Community Members
A user of the Web Site who has registered with eTurboNews to receive Newswires and other emails.
 
Price
The price payable by the Customer, as set out on Rate Sheet and/or the Order/ Invoice Confirmation.
 
Release Date
The date on which a Newswire containing an Advertisement is due to be released, as agreed between the parties.
 
eTurboNews
eTurboNews, Inc, P.O.Box 208, Haleiwa, Hawaii 96712, USA
 
Special Conditions
Any conditions contained in the Order Confirmation Form.
 
Special Instructions
The details regarding the size and positioning of the Advertisement on the Web Site or Newswire and other terms set out on the Order Confirmation Form.
 
Unacceptable
In respect of any Advertisement, means that it is inaccurate, contravenes any law or code of practice relating to the content of advertisements generally, infringes the intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Web Site, the Newswire service or the Internet in general.
 
Web Site
The presence of eTurboNews or any of their subsidiaries on the world wide web identified in the Order Confirmation Form.

By submitting material for the Advertisement to eTurboNews and/or paying the Price, the Customer accepts these terms and authorises eTurboNews to publish the Advertisement on the Web Site or in a Newswire, as the case may be, once the Copy has been submitted to eTurboNews.

The advertiser and its agency, if there is one, each represents that it is fully authorized and/or licensed to publish the entire contents and subject matter contained in its advertisement including (1) the names, portraits and/or pictures living or dead; (2) any copyrighted material; trademarks, and/or depictions of trademarked goods or services; (3) any photographs, testimonials, or endorse-ments contained in any advertisement submitted to and published by the eTurboNews. In consideration of the eTurboNews's acceptance of such advertisement for publication, the agency and the advertiser will indemnify and save harmless the eTurboNews against all loss, liability, damage, and expenses of any nature (including reasonable attorneys fees) arising out of the copying, printing, or pub-lishing of its advertisement and resulting from any proceedings, claims, or suits including, without limitation, for libel, violation of rights of privacy and of publicity, unfair competition, intentional or negligent infliction of emotional distress, and copyright and/or trademark infringement.

3.1 To pay the Price on immediate receipt of an invoice from eTurboNews and in any event no later than the invoice due date or on which the Advertisement is to appear on the Web Site or in a Newswire, as the case may be. If the Customer does not pay the Price after Advertisements has begun to run, eTurboNews may remove the Advertisement from the Web Site or Newswire or all of these, at which time the full Price is due and payable as per Section 6.2 and 6.3.

3.2 To indemnify eTurboNews against all losses, costs, claims, damages or other expenses that eTurboNews incurs as a result of breach by the Customer of any of these terms, or as a result of any third party claims which eTurboNews receives as a result of the Advertisements.

3.3 To acknowledge that eTurboNews retains full editorial control over all Advertisements and that eTurboNews will own all copyright in the Advertisements, save that eTurboNews shall not own any Customer Branding, Trade Names and Trade Marks.

3.4 To provide all materials for the Advertisement (including, without limitation, GIF and JPEG files) in accordance with the procedures and deadlines required by eTurboNews from time to time.

3.5 Customer will carefully review advertising proof for any errors, prior to publication.  Final approval must be received by eTurboNews from Customer before advertisement will be published, except for Media Release postings. If Customer sends advertisement to eTurboNews's advertising production department after closing date, Customer will not be provided with an opportunity to approve or revise advertisements and will have deemed to have approved advertising for publication.  Under no circumstances can/will eTurboNews be responsible for errors, omission, appearance, etc. in advertisement approved by Customers.

4.1 To use reasonable endeavours to ensure that the Advertisement features on the Web Site for the Duration, or, in the case of Newswires, on the Release Date, and in each case in accordance with the Special Instructions.

4.2 To use reasonable endeavours to ensure that the Web Site is accessible to users of the world wide web for a minimum of 140 hours each week.

4.3 eTurboNews does not guarantee any levels of response to the Advertisement.

5.1 The Customer warrants that the Advertisement is not Unacceptable. If eTurboNews at any time considers that the Advertisement is Unacceptable eTurboNews may remove the Advertisement from the Web Site or Newswire, as the case may be. In this case eTurboNews will not refund any part of the Price to the Customer.

5.2 The Customer warrants that the Customer Branding will not infringe the intellectual property rights of any third party.

5.3 eTurboNews reserves the right to change the format of the Web Site and Newswire service as eTurboNews sees fit. If eTurboNews decides to discontinue the Web Site then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.

5.4 eTurboNews reserves the right to terminate this contract with immediate effect by giving written notice of this to the Customer. If eTurboNews decides to terminate the contract then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.

6.1 Cancellations received prior to the Advertisement or a series of Advertisements appearing on the Web Site or in a Newswire, but after ad Order Confirmation has been received, will be liable for an administrative fee equivalent to 25% of Price.

6.2 No refund or credit will be given for cancellations received after an Advertisement has appeared or after a series of Advertisements has started to appear on the Web Site or in a Newswire and the Customer shall remain liable for the Price in such circumstances.

6.3 All ad Order Confirmation orders are accepted subject to provisions of rates outline on media kit. Rates are subject to change upon notice from eTurboNews. Should a change in rates be made, space reserved may be canceled by the advertiser at the time the change becomes effective without incurring short-rate charges, provided the advertisements published to the date of cancellation are consistent with the appropriate frequency or volume rate. Cancellation of Order Confirmation for any other reason (in whole or in part by the advertiser) will result in an adjustment of the rate (short-rate) based on past and subsequent insertions to reflect actual space used at the rates outlined in media kit.

7.1 eTurboNews shall not be liable to the Customer for any indirect or consequential losses or damage suffered by the Customer including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether eTurboNews knew or ought to have known of the possibility of that loss.

7.2 eTurboNews shall not be liable for any losses, damage or expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the Customer as a result of the Web Site not being accessible to users of the world wide web for any period of time or as a result of any Newswire not having been received by any Newswire Subscriber.

7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of eTurboNews's liability for any losses, expenses or damages incurred by the Customer in relation to this Agreement (whether in tort, contract or otherwise) shall be equal to the Price paid by the Customer to eTurboNews under this Agreement.

7.4 eTurboNews shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.

7.5 eTurboNews will use reasonable efforts to comply with the Customer's requested start and end dates for publication or broadcast of their Advertisement but cannot warrant or guarantee that these dates or times will be met.

7.6 The eTurboNews will not be liable under any circumstances for any costs or damages (including consequential damages) as a result of either the failure to print any advertisement or of the appearance of any errors in any advertisement as published.  If any errors appear in the advertisement as published, the only remedy will be a make-good advertisement, only if Customer had not approved advertisement prior to publication (refer to item 3.5).

8.1 Any re-submission of the Advertisement by the Customer will be deemed to be a new Advertisement for which the Customer must repay the Price.

8.2 If there is any conflict between these terms of advertising and the Special Conditions, the Special Conditions shall prevail.

8.3 Even if the Customer is acting as an advertising agency or other representative, it enters into this Agreement in its own right as principal and not as an agent.

8.4 The Customer shall not assign, transfer or resell its rights under this Agreement.

8.5 Unless otherwise stated in any Special Conditions, the positioning of the Advertisement on the Web Site or in the Newswire, or broadcast time for email advertisement is to be determined by eTurboNews.

8.6 eTurboNews shall have the right to hold Customer and/or its advertising agency jointly and severely liable for such monies as are due and payable to the eTurboNews for advertising which advertiser or its agency ordered and/or which advertising was published.

8.7 No conditions other than those set forth in this rate card shall be binding on the eTurboNews unless specifically agreed to in writing by the eTurboNews. The eTurboNews will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Customer when such conditions conflict with any provisions contained herein.

8.8 Conditions are subject to change by the eTurboNews without notice.

8.9 All advertisements must be clearly identifiable as such with a trademark or sig-nature of the advertiser. The word "Advertisement" or similar may be placed with copy which in the eTurboNews's opinion resembles editorial copy. 

8.10 Failure to make insertion orders correspond in price or otherwise with the rate schedule is regarded only as a clerical error and publication is made and charged for upon the terms of the schedule in force without further notice.

 

The Special Conditions refer to the methods by which the Customer can submit Advertisements to eTurboNews. These methods are as follows:-

9.1 Submission by eTurboNews. This involves the Customer sending the Advertisements to eTurboNews so that eTurboNews can post the Advertisements onto the Web Site or, in the case of Advertisements to be published in a Newswire, send them by e-mail to Newswire Subscribers.

9.2 Submission by Customer. This involves the Customer posting the Advertisements to the Web Site directly in accordance with procedures specified by eTurboNews. This method is available for the advertisement and  for advertisements in the form of press releases on the Web Site.

This Agreement shall be governed by US law and jurisdication of the Honolulu County, Hawaii courts if Order Confirmation Form is concluded with eTurboNews, Inc, Haleiwa, Hawaii.