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Contract terms and conditions

The following terms and conditions apply to SuperPages.com Pay Per Click advertising.
      
		ON-LINE ADVERTISING AGREEMENT FOR ELECTRONIC ADS AND ELECTRONIC SERVICES TERMS AND CONDITIONS 

Last Updated May 6, 2009.  

PLEASE READ THE TERMS AND CONDITIONS BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE THAT THEY WILL GOVERN THE PARTIES' OBLIGATIONS REGARDING THE ADVERTISING AND OTHER ITEMS DESCRIBED IN YOUR ONLINE ORDER. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. 

"You" means the individual or business entity listed as Advertiser above. 

""We," "us" and "our" means Idearc Media LLC. "Electronic Ads" and "Ads" means advertising on various electronic media, including the Superpages.com(r) service, consisting of websites we own and third party websites, wireless platforms, and other applications for which we have agreements from time to time (collectively our "Electronic Platform"). You agree that this Advertising Agreement (this "Agreement") applies to the Ads and services ("Services") included in your online order. 

WE MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING SUCH CHANGED TERMS AND CONDITIONS ON THIS WEBSITE, AND ALL SUCH CHANGES WILL BE EFFECTIVE AS OF THE BEGINNING OF THE FIRST MONTH FOLLOWING THE DATE THE CHANGED TERMS AND CONDITIONS ARE POSTED. 

The current version of these Terms and Conditions may be viewed at http://advertising.superpages.com/spportal/contract-terms-and-conditions.do. 

You are responsible for reviewing these Terms and Conditions. 

1. Order. By clicking the "I Accept" button, you authorize us to publish the Ads in the Electronic Platform and to provide the Services listed above. The "Agreement Date" is the date you click the "I Accept" button. 

2. Notices/How to Contact Us. All notices to us must be in writing and mailed to Idearc Media LLC - MC 12, P.O. Box 619810, D/FW Airport, TX 75261-9810, faxed to 888-839-4480, or e-mailed to spinfo@idearc.com. Cancellation notices must include your business name, telephone number, and address. For questions about this Agreement or your advertising, please call Customer Care at 800-428-8722. 

3.  Term.  Unless (i) you accept a discounted rate and longer initial term in your online order for a particular Ad or Service, as provided in this Section 3, or (ii) a longer initial term is otherwise specified in these Terms and Conditions, the initial term for Electronic Ads and Services is one month. Subject to the provisions of Section 4 (Revision/Cancellation), we will automatically renew your Electronic Ads and Services after the end of the initial term for successive one-month terms, and the then current undiscounted rates and terms and conditions then in effect will apply to such automatically renewed Electronic Ads and Services. If we offer a discounted rate for advance payment for a particular Ad or Service, and you pay for 12 months in advance in accordance with our procedures, (i) the initial term for that Ad ("Discounted Electronic Ad") or Service ("Discounted Service") will be 12 months, and you may not cancel your Discounted Electronic Ads or Discounted Services until the end of the initial 12-month term, and (ii) subject to the provisions of Section 4, we will automatically renew your Discounted Electronic Ads and Discounted Services and will charge your credit card for another 12 months at the then applicable discount rate. 

4. Revision/Cancellation. You may revise or cancel your request for Ads and Services only by written notice that is received by us within 14 days after the Agreement Date. Thereafter, except as otherwise provided in these Terms and Conditions with respect to a particular product, you may cancel your Ads and Services by providing us with written notice of cancellation that we receive at least 30 days before the end of the final month of your Electronic Ads and Services; provided, however, that you may not cancel a Discounted Ad or a Discounted Service, or an Ad or Service that otherwise has a 12-month initial term as specified in these Terms and Conditions, until the end of the 12-month initial term. Thereafter, you may cancel a Discounted Electronic Ad or Discounted Service by providing us written notice of cancellation that we receive at least 30 days before the end of the final month of your Discounted Electronic Ad or Discounted Service.  In such event, we will refund your payment for such Discounted Electronic Ad or Discounted Service on a pro-rata basis based on the number of months remaining in 
such subsequent 12-month term. We may cancel your Electronic Ads and Services without notice at any time for any reason.   

5. Charges/Billing. You agree to pay, for the Ads and Services, the monthly rates listed on this Agreement for the period we provide the Ads and Services, rounded up to the nearest month (and for subsequent terms, the then current undiscounted rates). You also agree to pay any one-time charges listed on this Agreement and any taxes due on your Ads or Services. The rates for Electronic Ads do not include any technical or consulting services or changes to your Ads, except as otherwise provided. You agree to pay for any such services that you request at our standard rates. We may start billing before we publish or distribute Ads or begin providing Services 

6. Payment Terms. You agree to pay all charges in full by the due date. You agree that you may not withhold any payment for any reason, including any dispute between you and us. We may require full or partial advance payment prior to providing any Ads or Services. You authorize us to review your credit history and to obtain your consumer report, and you agree that we may disclose to third parties information about you that we deem necessary to assess your credit rating or report your failure to make payments as required by this Agreement. We may apply payments from you, or monies owed to you, toward amounts owed under this Agreement. If you pay by credit card, we will bill the card automatically at the start of each billing period. You are responsible for payment of all charges even if your telephone number is disconnected or changed or you sell or close your business. 

7. Late Charges. We will assess, and you agree to pay, late charges on account balances not paid by the due date (including balances accelerated under Section 8). Late charges will begin to accrue after the due date at a rate equal to the lesser of 18% per annum or the highest lawful rate. In addition, if you submit a check or draft that is dishonored for any reason, you agree to pay, in addition to the face amount of the check or draft, a service fee in an amount equal to the highest lawful amount. 

8. Our Remedies. If you do not pay all charges by 30 days after the due date, fail to meet any other obligation under this Agreement, or make any representation or warranty that is or becomes untrue, we may, without notice:
(i) require you to pay immediately all unpaid amounts you owe and will owe for all Ads and Services for the entire term of this Agreement; 
(ii) remove, suspend, or modify your Ads; 
(iii) suspend or terminate any Services; 
(iv) recover all collection costs and attorneys' fees; and 
(vi) pursue any other available legal or equitable remedies. 

9. Limitation of Liability/Disclaimers. You agree to review the Ads and Services immediately after their publication or provision and to notify us in writing of any errors or omissions no later than 30 days after the error is first published or displayed or the Ad or Service omitted. You agree that we may provide free advertising pursuant to our then-current policies instead of a refund or credit to your account, and that we will have no liability with respect to any listings, Ads or Services provided to you at no cost. The total aggregate liability for us and our affiliates for errors in or omission of the Ads or Services, negligence, any breach of this Agreement, and any other cause of action or wrongful act is limited to, and shall in no event exceed, the lesser of 
(a) the amount by which the value of the Ad or Service was diminished or 
(b) the amount you have paid for the Ad or Service giving rise to the liability (the "Liability Cap"). 

We are not liable for consequential damages, punitive damages, incidental damages, or damages for harm to business, lost revenues, profits, or goodwill, or any other special damages, whether the claim is based on negligence, breach of contract or express or implied warranty, strict liability, misrepresentation, statute, tort, or any other theory of recovery, even if you or we knew such damages could or may result. We disclaim any obligations, representations, or warranties, whether express or implied, that are not expressly set forth in this Agreement including any warranty of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we do not warrant the number of responses to your Ads, the number of persons who will view your Ads, or any other business benefit. 

We do not warrant that the Electronic Platform, any ancillary service, or the Electronic Ads will be uninterrupted or error free, or warrant any connection to or transmission over the Internet. We make no warranty and will have no liability relating to services provided by third parties or the functionality or content of any website or application not owned by us. The limitations in this Section shall apply notwithstanding any failure of essential purpose under this Agreement. 

We are not liable to you for any deviation from or change in our policies, practices, and procedures, including without limitation those regarding the placement, position, or location of Ads or categories. 

You may increase the Liability Cap with regard to paid Ads and Services by agreeing to pay additional charges that will be determined by mutual agreement between you and us. You may obtain information about this option by contacting us at 800-428-8722. 

10. Waiver of Class Action and Jury Trial and Consent to Binding Arbitration. In any legal proceeding relating to this Agreement, the parties agree to waive any right they may have to participate in any class, group, or representative proceeding and to waive any right they may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to this Agreement (other than claims to collect amounts you owe us or claims by you alleging breach of this Agreement to recover amounts you have paid us ), including any dispute regarding any listing, Ad or Service, any omissions, incorrect phone numbers or other errors, and any Ad placement concerns, shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association. 

11. Products/Publication/Distribution. We reserve the sole right to determine (and may change at any time without notice to you) the design, content, size,geographic coverage, distribution, and appearance of, and the types of advertising offered in, our Electronic Platform and Services and how, where, how many, when, and whether they are published, distributed, reissued, or displayed.  We may reject all or any portion of Ads or Services at any time and for any reason (even if previously approved). If rejected, we will, as our sole obligation, refund any advance payments for that Ad or Service. If we receive allegations of copyright or trademark infringement, we may remove the disputed content immediately. We may change each name, street address, Internet address, and telephone number or any other content to conform to our standards, practices and policies or the policies of any third party on whose site, platform or network any Ad is published. We may publish the Ads of any other advertiser at any time and at any location in our Electronic Platform

12. Proofs. We do not guarantee that we will provide you with proofs of your Ads. If we do provide proofs in time for modifications, you must notify us in writing of any changes/errors before the deadline we set. Otherwise, we will publish the Ad or perform the Service as shown and no adjustment will be made. Colors, contrast, photos, font, graphics, and other features may appear differently in the published product and no adjustments will be made for those differences. The size, color, font, highlighting and arrangement of enhanced listing items in Electronic Ads may be different from that appearing in any sales collateral or copy sheet and from web page to web page, and the associated listing's enhancements may be omitted as a result of a distribution affiliate's or user's browser settings or hardware, software or system limitations or the manner in which the listing is transferred to any third party prior to its display to the user. 

13. Ad Placement. We do not guarantee the placement or position of any Ad (or the Ad of any other advertiser) on or within the Electronic Platform and will not provide any adjustments on claims relating to placement for any Ad. 

14. Advertiser Content. "Advertiser Content" means content you, or any person(s) using your password ("Password Users"), supplies to us, posts, or asks us to use in your Ads and any changes you, your Password Users, or other agent provides us. You grant us a perpetual, royalty-free, sub-licensable, non-exclusive right and license to use, copy, record, modify, display, publish, publicly perform, distribute (in any form or media), transmit by any means, and create derivative works from the Advertiser Content for such purposes as we see fit, subject to applicable law. You are solely responsible for the Advertiser Content and will produce and deliver all Advertiser Content in accordance with our then current guidelines, procedures, technical requirements, and deadlines. If you fail to comply, we may cancel or suspend your Ads or Services. If you do not provide us with Advertiser Content or other requested information for a website you order before by the deadline we set, we may choose to publish an "under construction" website, and this website will be considered an Electronic Ad under this Agreement. 

15. Our Rights in Advertising Content/Copyright. If we create or supply any content for your Ads or design your Ads, the content and the Ads we create are our sole and exclusive property, except for Advertiser Content and content we license from a third party. We may supply the content to other advertisers. You agree that you have no right to use that content or the advertising developed with that content in other advertising or materials or in any other way, or to permit others to use the advertising or content. You agree that we own the copyright in, and all copyrighted portions of, the Electronic Platform. 

16. Multi-Media Distribution. You grant us and our affiliates the absolute, non-exclusive, irrevocable, royalty-free, worldwide, unrestricted license to grant third parties (through multiple tiers) a sublicense to exercise all or any portion of the rights granted us in this Agreement ("Licensed Rights") and to grant such third parties the right and authority to grant other third parties a sublicense to the Licensed Rights (which may be further sublicensed through multiple tiers of sublicensees).  The license granted in the preceding sentence will be in effect during the term of this Agreement and for as long as any materials containing Advertiser Content remain in circulation, and will be perpetual as to any business name, address, phone number and other basic listing information included in any Advertiser Content. 

17. Change in Specifications; Our Rights. We may change the specifications of your Ads at any time upon written notice. If the change is material to your Electronic Ads, you may cancel your Ads by giving us written notice. We may truncate, edit, refuse, reject or exclude from any use in connection with your Ads and Services any content we obtain or links we establish under the licenses you grant us in the Agreement. We and our contractors may use search algorithms and other methods to map end user search terms to categories and keywords that you select. You agree that the search terms in response to which your Ads may appear on the Electronic Platform may differ from the specific categories and keywords that you selected. 

18. Links. If your Ads contain links, you: 
(a) grant us and our sublicensees a royalty-free unrestricted right and license to establish those links and to cause the link(s) to open new browser window(s) and publish the website(s) designated by the link(s) within such window within your Ads; 
(b) represent and warrant that 
  (i) you have the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and 
  (ii) all copy and content of all websites to which your Ads link complies with all applicable laws and regulations; and 
(c) grant us a royalty-free, worldwide right and license, solely for the purposes described in this Agreement, 
  (i) to access, index, cache, and display the websites to which your Ads link, including by any automated means such as web spiders or crawlers, 
  (ii) to create and display copies of any text, graphics, images, audio, video, and all other material included on such websites, 
  (iii) to create and display thumbnail and full-scale copies of any images or video included on such websites, and 
  (iv) if you select call tracking services, to duplicate such websites, modify them to include a unique telephone number, and link your Ads to the modified websites. 

19. Advertiser's Representations. You represent and warrant that: 
  (i) you have the unrestricted right to use, and to grant the licenses you grant in this Agreement with respect to, all Advertiser Content and that your licensing of Advertiser Content to us will not infringe any third party copyright or trademark rights; 
  (ii) the Ads comply with all regulations and requirements for your business or profession and you and any individuals listed in your Ads have all required licenses to provide the goods and services advertised in all jurisdictions where the Ads appear; 
  (iii) your Ads comply with all applicable laws, orders, codes, and regulations; 
  (iv) you have not made any false or misleading claims in any Ad; 
  (v) you have not requested, and will not use, the Ads or Services, or our Electronic Platform for any unlawful purpose or business; 
  (vi) you have not violated any contractual or legal obligation by signing this Agreement and requesting us to publish any Ad; and 
  (vii) you are or represent the business related to the Ads and Services listed above. You will notify us immediately if any of the above becomes inaccurate. 

20. Security/Electronic Transactions. You are responsible for ensuring the security of all passwords we provide you. You also are responsible for all acts and omissions of your Password Users. You agree that the conduct of any Password Users in clicking on any on-screen buttons, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind you to the same extent as though evidenced by your original signature. You waive all claims or defenses that are inconsistent with the foregoing acknowledgements. We may revoke your password or deny you or any Password User access to any back office functionality, in whole or in part, at any time in our reasonable discretion. You acknowledge that the server space on which your Ads are hosted, and the Internet connections through which any transactions are conducted in connection with e-commerce enabled advertising, will be unsecure. 

21. Domain Names. If you have ordered a website, we will host that website at an extension or subdomain of any of our Internet domains that we deem appropriate. You may only use that extension or subdomain name for the purpose of promoting your Ads during the term of this Agreement or for so long as we use it to host the website, whichever period ends earlier. You agree that you will not include or reference any domain name(s) or URL(s) associated with your Ads in any email that violates any applicable law, regulation, operating rule, policy or guideline of our or any other on-line service provider or interactive service. We may, but have no obligation to, assist you in obtaining, managing, and/or renewing a custom domain name to use with your website Electronic Ad. We also may, but will have no obligation to, assume the administrative responsibilities, in whole or in part, for that custom domain name, including renewal of the name. However, you are solely responsible for conducting any trademark searches that may be necessary in relation to the selection, evaluation, and appropriateness of any custom domain name we assist you in registering. You agree to pay all charges imposed by the domain name registrar for registration and renewal. Obtaining a custom domain name for you does not obligate us to renew that custom domain name, and we may refuse to do so in our sole discretion. Upon your written request to the notice address and fax number specified in this Agreement, with a copy via email to urlmanagement@idearc.com, we will make a commercially reasonable effort to change all or any portion of the administrative contact information. You waive any and all claims you may have, or which may later arise, known or unknown, against us for any loss, damage, claim or expense arising out of, or related to, the acquisition, evaluation, registration, administration, or use of any custom domain name(s). 

22. Export Compliance. You agree to comply with all applicable export laws. You represent and warrant that you are not a prohibited entity on any governmental export control list and will notify us immediately if you are placed on any export control list. You acknowledge and agree that 
(a) we are not a party to any transactions through your Ads and that we are not responsible, and will have no liability for compliance with export control laws in relation to any such transactions, and 
(b) you are solely responsible for obtaining legal advice with respect to such matters. 

23. No Spam Policy. You agree not to use your Ads for the posting or sending of, or include or reference any domain name(s) or URL(s) associated with your Ads in, unsolicited commercial advertising, email, information, announcements, or other messages or any other unsolicited distribution commonly considered to be "Spam." We may detect, manage, and eliminate Spam from your Ads. 

24. Privacy Policy/User Data. You agree to post your privacy policy on your website. We will own the data collected about users from the servers used to provide the Ads or Services. 

25. Indemnification. You agree to defend, indemnify and hold us and our affiliates harmless from any liability or costs, including attorneys' fees and expenses, resulting from: 
(a) any breach of your representations, warranties or covenants; 
(b) any act, omission or fault of you or your employees, agents or contractors in connection with the Ads or Services; 
(c) any claim that the Advertiser Content or other information provided by you violates any applicable law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; 
(d) any communication through your Ads or your collection or use of any information obtained through your Ads, the Services or our Electronic Platform; 
(e) any breach of any applicable export control laws; and 
(f) any transactions initiated through your Ads and any payment processing services. You will continue to be obligated by this Section even after the termination of this Agreement. 

26. Governing Law. You agree that this Agreement will be governed by and construed in accordance with, and all matters relating to or arising under this Agreement will be governed by, Texas law without reference to the laws relating to conflicts of laws. 

27. Entire Agreement. This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and representations, whether express or implied, written or oral, with respect to the Ads and Services. You agree not to include any limiting endorsement on a check or other form of payment, and we may cash a check containing a limiting endorsement without affecting your obligations or our rights. Neither you nor any Idearc employee or agent is authorized to change or add to this Agreement or any other provisions that are part of this Agreement in any way, and any purported change or addition, whether oral or written, is void. 

28. Miscellaneous. This Agreement is binding on and for the benefit of you and your successors. We may assign this Agreement, but you may not assign any of your rights or delegate any of your duties under this Agreement without our prior written consent. Except as otherwise set forth in this Agreement, neither you nor we will lose any of our rights under this Agreement, even if you or we do not enforce a right or delay in enforcing a right. Neither party will be liable for any damages arising from acts of God or events outside of that party's reasonable control. If any provision of this Agreement is found to be unenforceable, the rest of this Agreement will remain in full force and effect. Our imaged copy of this Agreement will be deemed a duplicate original for evidentiary purposes. 

29. Contact by Us. You agree that we may contact you regarding your Ads or Services, or offers to provide Ads or Services, whether by live telephone, recorded message, U.S. mail or other mail, facsimile or e-mail. You agree that telephone conversations between you and us or our agents may be monitored and/or recorded. 

ADDITIONAL TERMS APPLICABLE TO THE BID PROGRAM 

30. The Bid Program is a program whereby you may place a bid for advertising ("Bid Program Advertising") appearing on Program Sites (defined below) in response to searches or selections by or characteristics of end users. 

31. You authorize us to place (and to authorize third parties to place) Bid Program Advertising on our Electronic Platform, other Program Sites we own, and on third party Program Sites, and designate us your agent to do so, and to allocate the Bid Program Advertising among Program Sites at our discretion. "Program Sites" means electronic sites and applications that are delivered to end users through any transport means and that meet our Bid Program criteria (which may change at any time without notice. 

32. You acknowledge that the bidding rules and rate structures may vary by Program Site or package you purchase and may change at any time. For example, a minimum bid or a minimum monthly budget may be required. You may set a maximum amount beyond which your bid will not be automatically adjusted as part of the bidding process (the "Maximum Bid"); provided, however, that we may adjust your bid beyond the Maximum Bid if we determine that the adjustment is necessary 
(a) for you to spend your minimum monthly budget or 
(b) to account for the relative value of the Program Site on which the associated Bid Program Advertising is published. If you are in compliance with Section 37 below, we will notify you via email when we adjust your bid beyond the Maximum Bid. 

33. We may modify the content of your Bid Program Advertising or your category, category keyword, or other selections to conform to the requirements of, or to utilize the features of, a Program Site. We may modify, expand, or utilize data within your Ad content or your website, business profile, or other materials you provided to develop searchable data that may appear in response to searches by end users. If you have multiple advertising campaigns (e.g. in different categories), we may select which campaign will appear in response to a business name search or other search where the category is not clearly defined. We may optimize your advertising campaigns by adding relevant categories or keywords to your Bid Program Advertising. 

34. If we are billing charges to your credit card, each time your charges for Bid Program Advertising reach a threshold amount we set prior to the end of the month, we may charge your credit card for the threshold amount. After the end of the month, we will charge credit card for any amounts incurred but not previously charged during the month. 

35. WE DO NOT WARRANT 
(I) THE NUMBER OF CALLS, CLICKS, OR IMPRESSIONS TO BE GENERATED BY THE BID PROGRAM ADVERTISING; 
(II) THAT ANY CALL, CLICK, OR IMPRESSION REPRESENTS A LEGITIMATE INQUIRY OR INDICATES ANY PROBABILITY OF A PURCHASE TRANSACTION; 
(III) THAT THE BID PROGAM ADVERTISING WILL APPEAR IN RESPONSE TO A PARTICULAR QUERY; 
(IV) THE SPECIFIC PLACEMENT OF YOUR BID PROGRAM ADVERTISING RELATIVE TO ADVERTISING OF OTHER BIDDERS OR ADVERTISERS; 
(V) THAT A BID, OR CHANGE TO OR WITHDRAWAL OF A BID, WILL BE IMPLEMENTED WITHIN A SPECIFIC TIMEFRAME; OR 
(VI) THE ACCURACY OR CURRENCY OF BIDS OF OTHER BIDDERS. YOU ACKNOWLEDGE THAT BID PRICE IS NOT THE SOLE FACTOR DETERMINING PLACEMENT OF BID PROGRAM ADVERTISING. YOU FURTHER ACKNOWLEDGE THAT THE DISPLAY OF BID PROGRAM INFORMATION, INCLUDING, WITHOUT LIMITATION, YOUR BIDS, BIDS OF OTHER BIDDERS, AND CLICK COUNTS WILL NOT OCCUR IN "REAL TIME" AND WILL BE DELAYED DUE TO SYSTEM CONSTRAINTS, INTERNET LATENCY, AND OTHER POSSIBLE FACTORS. WE WILL HAVE NO LIABILITY IN CONNECTION WITH THE FUNCTIONALITY OR CONTENT OF ANY PROGRAM SITE WE DO NOT OWN. 

36. You represent and warrant that you have, and during the Term will continue to have, the absolute and unrestricted right to use as searchable text or "keywords" all words, phrases, logos, brands, products, services, affiliations, certifications, and all advertising copy and other information you submit or select in connection with your online business profile and/or Bid Program Advertising, all of which will be included within the term "Advertiser Content" for the purposes of the rights, licenses and authority you grant in the Advertising Agreement. 

37. You agree to maintain a working email address and to notify us immediately of any changes to the email address, during the period covered by the Advertising Agreement. We reserve the right to change the terms on which we provide the Bid Program and may change these terms and conditions by providing you notice via e-mail or by posting such changes online on Superpages.com or on Superpages Mobile. Your continued participation in the Bid Program following such changes will constitute consent to such changes. In addition, we reserve the right to terminate the Bid Program at any time for any reason. 

38. If you have selected the Pay-Per-Click Program, you agree to the following additional terms: 
(a) You agree to pay variable charges determined by multiplying the applicable bid as adjusted in accordance with these Additional Terms (the "Bid") by the number of times an end user clicks on the Bid Program Advertising appearing on a Program Site that is accessed via the internet based on that Bid (each, a "Click"), and by multiplying the applicable Bid by the number of impressions of the Bid Program Advertising appearing on a Program Site that is accessed via non-internet based electronic media based on that Bid (each, an "Impression") (such advertising being referred to collectively as the "Pay-Per-Click Advertising") and such charges being referred to collectively as the "Pay-Per-Click Charges"). You agree that the reports we provide will be the sole and definitive measure of the number of Clicks and Impressions. 
(b) For any month during which the Pay-Per-Click Charges are less than the minimum monthly charge we establish (the "Minimum Monthly Charge"), you agree to pay the Minimum Monthly Charge in lieu of the Pay-Per-Click Charges, even if the Pay-Per-Click Charges are zero. You agree to pay, in addition to the Pay-Per-Click Charges or the Minimum Monthly Charge, as applicable, such administrative charges associated with your Pay-Per-Click Advertising as we establish (the "Administrative Charges"). 
(c) "Full Service" allows you to consult with us to set up an account, create advertising content, set, change or withdraw bids, and obtain general help regarding the Pay-Per-Click Program. If you select Full Service, and if the applicable charge we establish for Full Service (the "Full Service Charge") is greater than the Administrative Charges for any month, you agree to pay the Full Service Charge in lieu of the Administrative Charges for the month and in addition to the Pay-Per-Click Charges or the Minimum Monthly Charge, as applicable. 
(d) In accordance with the package you have purchased, you may set a monthly budget and we will limit the Clicks so that your charges will not exceed 110% of the monthly budget. 
(e) If you do not place or maintain a bid during a calendar month, your account will be considered inactive, but the Minimum Monthly Charge will continue to apply. If your account is inactive for more than one calendar month, we may cancel your Pay-Per-Click Advertising. 

39. If you have selected the Pay-For-Calls Program, you agree to the following additional terms: 
(a) You agree to pay variable charges (the "Pay-For-Calls Charges") determined by multiplying the applicable bid as adjusted in accordance with these Additional Terms (the "Bid") by the number of calls made to the unique telephone number (the "Metered Number") inserted in the advertising that is published based on the Bid (the "Pay-For-Calls Advertising"). You will not be charged for clicks on Bid Program Advertising. You agree that the Pay-For-Calls Advertising will not contain an email address, web address, or any telephone number other than the Metered Number. You must purchase a separate Metered Number for each item of Pay-For-Calls Advertising. 
(b) You will not cause or permit the Metered Number to be published or otherwise used in any other advertising medium, including, without limitation, other directories, signs, business cards, flyers, direct mail, newspaper, radio, or vehicle messages. 
(c) You authorize us to act as your agent in acquiring Metered Numbers for the Pay-For-Calls Program, and you agree to pay all installation and service charges for the Metered Numbers during the period covered by the Advertising Agreement. You agree not to change the local phone numbers to which the Metered Numbers are forwarded or the local service providers for such numbers. You grant us the exclusive right to receive from your telephone service provider all telephone call data arising from your Metered Numbers. You also acknowledge our copyright ownership of all Metered Numbers appearing in any Pay-For-Calls Advertising. 
(d) You agree that we and our agents are authorized to use, disclose, and publish, at their discretion, all information and results arising from the Pay-For-Calls Program, any and all information gathered by or on behalf of us related to the Pay-For-Calls Advertising, including, without limitation, call counts and unique visitors. We may optimize your advertising campaigns by publishing generic advertising in our Publications that is dynamically pointed to your Metered Numbers. We are not responsible for products or services provided by any other advertiser to which the generic advertising is pointed. 
(e) For any month during which the Pay-For-Calls Charges are less than the minimum monthly charge established by us (the "Minimum Monthly Charge"), you agree to pay the Minimum Monthly Charge in lieu of the Pay-For-Calls Charges, even if the Pay-For-Calls Charges are zero. 

ADDITIONAL TERMS APPLICABLE TO WEBSITE HOSTING SERVICES 

40.Website Hosting Services. 
(a) If you have ordered Website Hosting Services ("Hosting Services"), you agree that the Hosting Services are limited to the provision of server account hosting services, web hosting template design packages, e-commerce, and/or other auxiliary services specified in your order and do not include any dedicated, dial-up, DSL or other facilities or services for access or interconnection to the Internet. Hosting Services will also include any web development software we provide you. 
(b) Acceptable Use Policy. 

This is our policy on the acceptable use of the Hosting Services. It is designed to help protect the Hosting Services, our customers and the Internet community, from irresponsible or illegal activities. 

We reserve the right to deny you the Hosting Services to you, or immediately to terminate the Hosting Services, if your use of the Hosting Services or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in our sole discretion: 
(a)is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; 
(b)espouses, promotes or incites bigotry, hatred or racism; 
(c)might be legally actionable for any reason, 
(d)is objectionable for any reason, or 
(e)in any manner violates the terms of this Acceptable Use Policy. 

You may NOT use the Hosting Services: 
(a)for any unlawful, improper or illegal purpose or activity; 
(b)to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; 
(c)to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of Idearc or any other entity, or to attempt to penetrate or penetrate security measures of Idearc or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; 
(d)to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks; 
(e)to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Hosting Services; 
(f)to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; 
(g)to post information on newsgroups which is not in the topic area or charter (e.g. off-topic posting) of the newsgroup; 
(h)to interfere with another person's usage or enjoyment of the Internet or the Hosting Services; 
(i)to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; 
(j)to damage the name or reputation of Idearc, its parent, affiliates and subsidiaries, or any third parties; 
(k)to transmit confidential or proprietary information, except solely at your own risk; 
(l)to violate our or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; 
(m)to use more than one IP address obtained from us; 
(n)to generate excessive amounts (as we determine in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; 
(o)to engage in activities designed to or having the effect of degrading or denying Service to Idearc users or others (including, without limitation, activities that compromise a server, router, circuit, software or other Internet component); 
(p)to use any name or mark of ours, our parent, affiliates or subsidiaries, as a hypertext link to any website or in any advertising publicity or other commercial manner; 
(q)to operate a commercial server or to operate a non-commercial server in a manner that interferes with the network or other users' use of the Service; 
(r)to use the Hosting Services or the Internet in a manner intended to threaten, harass, intimidate; 
(s)to cause the screen to "scroll" faster than other users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; 
(t)to disrupt the normal flow of online dialogue, 
(u)to violate any operating rule, policy or guideline of any other online services provider or interactive service; 
(v)to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; 
(w)to impersonate any Idearc employee or official or other person or use a false name while using the Hosting Services or implying an association with us; 
(x)to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; 
(y)to make false or unverified complaints against any of our customers, or otherwise abusing any of our complaint response procedures; 
(z)to export software or any information in violation of US export laws; 
(aa) to use the Hosting Services in contravention of the limitations of the pricing plan you have chosen. - Copyright Infringement/Repeat Infringer Policy. Idearc respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its customers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, Idearc's systems or servers (or the servers of its third party licensors, suppliers or providers) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the our policy to terminate, in appropriate circumstances, the Hosting Services provided to any customer or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. 

Appropriate circumstances may exist where 
(i) a customer or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, 
(ii) where a valid, effective and uncontested notice has been provided to Idearc alleging facts which constitute an infringement of a copyright of a third party involving Idearc systems or servers (or those of its third party licensors, suppliers or providers), or 
(iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). 

In addition, we expressly reserve the right to terminate or suspend the Hosting Services of any customer or account holder if we, in our sole judgment, believe that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights  we may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Hosting Services in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Idearc's designated Copyright Agent as set forth in Idearc's Copyright Policy located at http://www.superpages.com/about/copyright.html.  

You shall comply with all applicable local, state, national and international laws and regulations, including, without limitation, those related to data privacy, international communications, and exportation of technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation,or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify Idearc if you become subject to any such order. 

You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Hosting Services and shall not impersonate any person or use a false name while using the Hosting Services. 

You agree to obtain all required permissions if you use the Hosting Services to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with us and provide requested information in connection with all security and use matters. 

You agree to notify us promptly if you suspect unauthorized use of the Hosting Service or of your UserID. You remain liable for unauthorized use until your notification to Idearc at security@idearc.com. 

You agree that your name, UserID, and other identifying information may be placed in our user directory.  

We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the Idearc network (and/or the network of its third party licensors, suppliers or providers). 

We may, but are not required to, monitor your compliance, or the compliance of other customers, with the terms, conditions or policies of this Acceptable Use Policy. 

(c) Credit For Service Interruption. 
After installation of the Hosting Services is complete, there will be no credits, reductions, or setoff against the charges for the Hosting Services for downtime or interruption of the Hosting Services unless such Service interruption exceeds twenty-four (24) consecutive hours in duration. If you notify us of the Hosting Services interruptions, we will provide you with a credit equal to 1/30 of the recurring monthly charge for Hosting Services for each consecutive twenty-four (24) hour period from the time of notice of interruption until restoration of the Hosting Service. Non-continuous interruptions may not be accumulated to support an adjustment. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in the Hosting Services caused by your negligence or willful act, or mistakes, omissions, interruptions, delays, errors or defects caused by failure of equipment or of the Hosting Services. 

(d) No Warranties. Advice or information we give you will not create a warranty. Your use of our technical support is at your own risk and is not warranted. 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DISCLAIM WITH RESPECT TO THE HOSTING SERVICES ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. YOU AGREE THAT THE HOSTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE HOSTING SERVICES OR EQUIPMENT WE PROVIDE WILL MEET YOUR NEEDS OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. 

(e) Your Responsibilities and Important Representations. If you are an individual, you represent that you are over the age of eighteen. You agree that you are solely responsible for all use of the Hosting Services and the manner in which the Hosting Services are used, including without limitation the protection, storage, back-up and security of your data, software, computer network and other facilities; your choice of equipment, software (including all upgrades thereto) and online content; and all other matters related to how you access and use the Hosting Services and your data. You agree that your use of the Hosting Services and the Internet is your sole responsibility and that your use of the Hosting Services is solely at own risk and is subject to all applicable local, state, national and international laws and regulations. You also understand and agree that the reliability, security, availability and performance of data or services accessed over the Internet are beyond our control and are not in any way warranted or supported by us. You agree to provide us with the access and support required to allow us to implement,maintain and provide the Hosting Services. In addition, you agree that we may from time to time send you information relating to the Hosting Services, (including but not limited to password information), via electronic mail over the Internet to your primary Idearc Media email address or other e-mail address you provide. You consent to our distribution of such information to you electronically. You may not resell the Hosting Services or access to the Hosting Services, directly or indirectly, to third parties without our written agreement. 

(f) Compliance with Laws. You agree not to use, or permit others to use, the Hosting Services in ways that 
  (i) violate any law or applicable regulation or our Acceptable Use Policy or other policies, 
  (ii) infringe the rights of others, or 
  (iii) interfere with the users, services, or equipment of our network or other networks. 

By way of example and not limitation, you agree not to distribute unsolicited advertising or other unsolicited bulk electronic mail (i.e., spam); propagate computer worms, destructive programs or denial of service attacks or viruses; use a false identity; attempt to gain unauthorized entry to other computers, data or any site or network; distribute or store any form of pornography, obscene or defamatory material; or infringe copyrights, trademarks or other intellectual property rights. 

You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. If the Hosting Services are provisioned outside the U.S., you agree to abide by all applicable local laws and regulations, including without limitation any laws governing the import of the Service. We reserve the right to suspend or terminate the Hosting Services (or any portion thereof) without notice in the event that your use of the Hosting Services, in our sole judgment, violates any applicable law, regulation or ordinance, or the terms of this Agreement or our Acceptable Use Policy, or otherwise adversely affects or threatens any of our networks, services, customers, employees, or other network or person, or, if we determine that you are a repeat infringer under our repeat infringement policy included in our Acceptable Use Policy. 

We also reserve the right to provide information about your account to third parties as required or permitted by law. 

(g) Software and/or Digital Content Provided. 
  (i) We may (but are not obligated to) provide you, at no cost or for a fee, software ("Software") or digital content ("Content") owned by us or our third party licensors, providers or suppliers in connection with the Hosting Services. You may use the Software and/or Content in object code form only, on the hardware on which it is installed, only as part of or for use with the Hosting Services and for no other purpose. The Software and/or Content may be accompanied by or subject to an end user license agreement from us or a third party. Your download, installation or use of the Software or Content constitutes your agreement to the terms and conditions of any such license agreement. You may not install or use any Software or Content that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement. 
  (ii) If the Software and/or Content are not accompanied by an end user license agreement, you are hereby granted a personal, revocable, non-exclusive, non-transferable license by us or our third party licensors, providers or suppliers, to use the Software and/or Content, as applicable (and any corrections, updates and upgrades thereto), for the sole purpose of enabling you to use the Hosting Services. We reserve the right to update or change the Software and/or Content from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates, upgrades or changes to the Software or Content. The Software and Content may be used in the United States only, and any export of the Software or Content is strictly prohibited. 
  (iii) You agree that the Software and Content is the confidential information of us or our third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software and Content contains copyrighted material, trade secrets, patents, and proprietary information owned by us or our third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software or Content, or otherwise transfer the Software or Content to any third 
party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software or Content. You are not granted any title or rights of ownership in the Software or Content. You acknowledge that this license is not a sale of intellectual property and that we or our third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and Content and related documentation, as well as any corrections, updates and upgrades. 
  (iv) IF AT ANY TIME DURING THE TERM OF THIS AGREEMENT WE PROVIDE YOU WITH FREE OR FOR-FEE SOFTWARE, DIGITAL CONTENT OR EQUIPMENT, INCLUDING WITHOUT LIMITATION, CLIENT AND/OR NETWORK SECURITY SOFTWARE, YOU AGREE THAT YOUR SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE, DIGITAL CONTENT OR PERIPHERAL EQUIPMENT. YOU EXPRESSLY WAIVE THE RIGHT TO ANY SUCH RECOURSE AGAINST US TO THE EXTENT PERMITTED BY LAW. 
  (v) We provide technical assistance and support for the Software in accordance with its policies. Unless otherwise provided, we do not provide technical assistance or support for third party Software. Technical assistance or support with regard to third party software provided by the Software supplier is provided in accordance with such third party's policies or other terms. 
  (vi) Your license to use the Software and Content will remain in full force and effect during the term of this Agreement, unless and until it is terminated by us, our third party licensors, providers or suppliers, or until this Agreement expires or is terminated. 

(h) Effect of Termination on Software and Content License. Upon termination or expiration of this Agreement, you agree to cease use of all the provided Software and Content and to immediately delete such Software and Content from your computer. 

(i) Government Entities. Use, duplication or disclosure by any government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is us or our third party licensors, providers and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement or any modification. 

(l) Third Party Beneficiaries. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS AGREEMENT ALSO APPLY TO OUR AFFILIATES, THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. 

(m) Changes or Updates to the Hosting Services. We reserve the right to make changes to the Hosting Services or any portion thereof. If such a change adversely affects your use of the Hosting Services, and we cannot reasonably mitigate the impact, then you may terminate the Hosting Services without further obligation. 

(n) IP Addresses and Domain Name Registration. Upon expiration, cancellation or termination of this Agreement, you agree to return to us any IP addresses or address blocks assigned to you. If we deem it necessary, you may be required to renumber the IP addresses assigned to you. Where applicable, all fees associated with domain name registration and periodic maintenance of domain names are your responsibility. The registrar or we, on registrar's behalf, will bill such fees directly to you. Unless explicitly stated, such fees are not included in the price of the Hosting Service. You agree to abide by the domain name registrar's terms and conditions provided to you prior to obtaining domain name service from us. Domain name registration is limited to the following extensions: .net, .com, .info, .biz, and .org. We do not guarantee that your choice of names is or will continue to be available for use as a domain name. 

(o) Ownership of Materials You Provide. We do not acquire any right, title and/or interest in the content material (including but not limited to text, software, scripts, multimedia images, graphics, audio, video, and other data) that you install or have installed on the server computer (collectively "Materials"), except as expressly set forth in this Agreement. We agree to safeguard your Materials during the term we provide you the Hosting Services using the same degree of care we use to safeguard similar content of our own, but in no event, will we use less than a commercially reasonable degree of care. 

(p) Additional Terms Applicable to Hosting Services for Unlimited SuperSite Advertising.  If you have ordered Unlimited SuperSite Advertising:
  - We reserve the right to review and monitor the amount of disk space used by your website.  We may restrict the use of space by your website or terminate the Hosting Services if the amount of disk space consumed impacts on or limits space available to other websites receiving Hosting Services from us.  
  - You may not use 1% or more of Resources for longer than 60 seconds ("Excessive Use of Resources"). We reserve the right, in our sole discretion, to determine if an Excessive Use of Resources has occurred, and in that event, we may restrict your use of Resources or terminate the Hosting Services.  "Resources" means bandwidth, memory, and/or processor utilization available through the Hosting Services.
  - File storage, data warehousing, back-up data storage, any form of data file storage or management, services or software related to Internet relay chat ("IRC"), peer to peer file sharing ("P2P"), bit torrent, game servers, proxy server network, or interactive chat, membership or community sites for file sharing, video sharing or photo sharing applications are not permitted ("Prohibited Activities"), and we may terminate the Hosting Services if your website includes Prohibited Activities. 



ADDITIONAL TERMS APPPLICABLE TO SUPERVIDEO ADVERTISING 

44. SuperVideo Advertising. 

(a) SuperVideo Advertising meansvideo advertising to be included as part of your Electronic Ads. You may cancel your order for SuperVideo Advertising as permitted in these Terms and Conditions, provided that the SuperVideo has not been shot or other SuperVideo services have not been provided or are not in process.  

Notwithstanding anything to the contrary contained in these Terms and Conditions: 
  (i) if you cancel within three (3) full business days prior to the date agreed upon with our SuperVideo production company for your SuperVideo to be shot, you agree to pay a cancellation fee of $250 or the then current rate; 
  (ii) you may reschedule a SuperVideo shoot, but must do so more than three (3) full business days prior to the date agreed upon with our SuperVideo production company for your SuperVideo to be shot or you agree to pay a rescheduling fee of $250 or the then current rate for each rescheduling; and 
  (iii) cancellation is not permitted after the SuperVideo has been shot other SuperVideo services have been provided or are in process. 

(b) You must deliver all SuperVideo Advertising change requests to us no later than seven (7) calendar days after we contact you to review the SuperVideo Advertising (the "Review Period"). You may request changes to the SuperVideo Advertising during the Review Period only once. Additional fees may apply for certain changes, such as re-shooting footage. SuperVideo Advertising is subject to publication without further notice or change after the Review Period ends or you approve, whichever comes first. 

(c) You are responsible for obtaining all necessary licenses and authorizations to use any content you provide for inclusion in the SuperVideo Advertising, including, without limitation, releases (in a form approved by us) from persons appearing in such content. We will not return any footage or other media you provide. 

(d) SuperVideo Advertising is a feature of your Electronic Ads. If the SuperVideo Advertising is Pay-Per-Click Advertising: 
  (i) the requirements for a minimum maximum bid may be higher due to the video component; and
  (ii) the SuperVideo Advertising will not be available for viewing if you do not maintain active Pay-Per-Click Advertising campaign. 

ADDITIONAL TERMS APPLICABLE TO IDENTITY BUNDLE ADVERTISING

45.  Identity Bundle Advertising.

(a) Definitions.
  (1)"Applicable Months" means the full calendar months in the Initial Term (or in a subsequent 12-month period beginning at the end of the Initial Term or prior subsequent 12-month period or, if applicable, the end of the three-month period following the end of the Initial Term or subsequent 12-month period as described in Paragraph (c) below) when you have provided us with, and continue to maintain, the Required Content and during which you are in Non-Breach Status.
  (2)"Identity Bundle" means any of the four bundled advertising packages described in Paragraph (d) below.
  (3)"Initial Term" is 12 months.
  (4) A "Lead" is a click on an Electronic Ad.
  (5)"Monthly Leads" means the average number of Leads projected per month for specific Identity Bundle advertising for a 12-month period, as set forth in Paragraph (d).
  (6)"Non-Breach Status" means that you are not in breach of the Advertising Agreement or these terms and conditions.
  (7)"Optimization Advertising" has the meaning set forth in Paragraph (c) below.
  (8)"Remaining Shortfall" has the meaning set forth in Paragraph (c) below.
  (9)"Required Content" means (a) the following completed SuperpageSM content fields: business name, address, city, state, zip code, primary phone number, at least one category, products and services, specialties, areas served, customers served, and hours of operation; and (b) at least five Superpage ratings and reviews.
  (10)"Shortfall" has the meaning set forth in Paragraph (c) below.

(b) Renewal. We may automatically renew your Identity Bundle advertising after the end of the Initial Term (or, if your Identity Bundle advertising has been extended as provided in Paragraph (c) below, after the end of the three months following the end of the Initial Term, for successive one-month terms, and the then current rates and terms and conditions then in effect will apply to such automatically renewed Identity Bundle advertising.  

(c) Leads.  If your Identity Bundle advertising includes a specified number of Monthly Leads, we reserve the right to publish additional advertising for you (at no additional charge to you) (the "Optimization Advertising") in an effort to reach the Monthly Leads. If the total number of Leads generated by the Identity Bundle advertising and the Optimization Advertising (if applicable) during the Applicable Months is less than the Monthly Leads multiplied by the number of Applicable Months (the difference being referred to as the "Shortfall"), and you are in Non-Breach Status, we will continue to publish the Identity Bundle advertising for three months following the end of the Initial Term at no additional charge to you.  If the number of Leads generated during this three month period is less than the Shortfall (the difference being referred to as the "Remaining Shortfall") and you are in Non-Breach Status, we will provide you with a billing adjustment equal to $1.00 multiplied by the Remaining Shortfall.  No 
portion of the billing adjustment will be paid in cash.

(d) Identity Bundles. 
  (1) Enhanced Superpage Bundle(SPBBSP) includes: The Superpage Profile; Tier 5 Silver Placement; Hotlink; Extra Line; Up to 5 Categories.
  (2) Local Bundle(SPBBLPL-County Reach; SPBBSPL4-4 City Reach) includes: 25 Monthly Leads; The Superpage Profile; Tier 5 Silver Placement; County or 4 City Reach Option; Hotlink; Extra Line; Bold Font; Up to 5 Categories.
  (3) Metro Bundle (SPBBSPM) includes: 30 Monthly Leads; The Superpage Profile; Tier 3 Platinum Placement; Metro Reach; Hotlink; Extra Line; Bold Font; Icon; Up to 5 Categories.

ADDITIONAL TERMS APPLICABLE TO DESIGN IT FOR ME SuperSites

46.  Design It For Me SuperSites. If you have ordered our "Design It For Me" web site development and hosting bundle, you agree that the following additional terms and conditions will apply. The Design It For Me SuperSite product is considered Electronic Ads and electronic Services for purposes of these Terms and Conditions.
  (a) Term. Subject to automatic renewal as described in paragraph (b) below, and notwithstanding Section 3 of these Terms and Conditions, the initial term for the Design It For Me product is 12 months.  
  (b) Revision/Cancellation/Automatic Renewal. You may revise or cancel your request for the Design It For Me bundle only by written notice that is received by us within 14 days after the Agreement Date. We will automatically renew your web site advertising included in the Design It For Me SuperSite bundle after the end of the initial term for successive one-month terms unless we receive written cancellation notice at least 30 days before the end of the final month of that web site advertising. The then current rate and terms and conditions will apply to this automatically renewed web site advertising.  


BY CLICKING THE "I ACCEPT" BUTTON BELOW, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS ON-LINE ADVERTISING AGREEMENT, AND AGREE THAT YOU WILL THEREAFTER BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE TO THE SAME EXTENT AS THOUGH EVIDENCED BY YOUR ORIGINAL SIGNATURE. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND ADVERTISER, THEN YOU ACKNOWLEDGE THAT YOU MUST NOT CLICK "I ACCEPT" AND MUST NOT COMPLETE YOUR ONLINE ORDER.