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I. Definitions A. RentKirksville.com refers to the website www.RentKirksville.com and the Kirksville Housing Authority. B. Customer refers to the party for whom advertising services are being offered to, and data is being hosted by RentKirksville.com and who is (or whose agent is) the signatory below. II. Purpose. The purpose of this contract is to define the terms on which Rental Technologies will establish an advertising account on RentKirksville.com and will host rental property listing data for Customer. III. Consideration In consideration of the yearly access fee, the Kirksville Housing Authority will give Customer access to the RentKirksville.com rental property database. This access permits Customer to enter rental property information, store this information in our hosting environment, and choose when said information is to be advertised on the RentKirksville.com website . Customer's yearly access fee is calculated based upon the number of properties the Customer could possibly advertise within a year's time. It is expressly understood that such property information is not designed to be accessed from a website that is hosted outside the environment of RentKirksville.com's proprietary database and search utility. It is further understood that Customer has no right to further license, resell, copy or consign the use of this website in whole or in part. IV. Consumer's Right of Cancellation Customer may cancel this agreement, penalty free within 2 working days of execution of this agreement (the initial use of the RentKirksville website) by mailing written notice of cancellation to PO Box 730, Kirksville, MO 63501. After two business days, the Customer's account will be established, and the yearly access fee can not be refunded. V. Ownership of Copyrights The Kirksville Housing Authority retains and asserts a copyright in all materials, information and code provided to Customer, except to the extent that such materials, information and code may be copyrighted by third parties and merely licensed by the Kirksville Housing Authority. Customer hereby grants the Kirksville Housing Authority the permission to advertise rental property listing data as entered in RentKirksville.com's database by Customer and the right to use the Customer's logo adjacent to advertising. If Customer elects to have the Kirksville Housing Authority develop a logo for Customer, then Customer shall own and retain any and all trademark claims in such logo per the provisions outlined in the section of this contract entitled 'Logo Development.' VI. Logo Development Customer may elect to pay for the Kirksville Housing Authority to develop a logo for Customer. Should Customer so elect, the charge for such development shall be an hourly rate as agreed upon. The minimum charge shall be for one hour of logo development time. Customer shall have and retain all rights and interests in the logo. Customer grants the Kirksville Housing Authority permission to use any such developed logo on Customer's website. VII. Credit Lines All pages of all webpages under this contract shall bear a copyright notification and credit tag line indicating that the page was created by the Kirksville Housing Authority.com (or some similar designation). VIII. Alterations and Additions to Account Once the Customer's account is established and available for access through the internet, the Kirksville Housing Authority will notify Customer that the account is available for testing. The testing period will last one week from the time Customer is actually notified. During the one week testing period, it is Customer's duty and obligation to use, experiment with and test the account. Customer, during the testing week will notify the Kirksville Housing Authority of any and all problems or issues in writing (by hand delivery, mail, fax or email). Problems or issues regarding the appearance of the website (i.e. colors, photos, logos etc.) will be corrected or resolved within a reasonable time by the Kirksville Housing Authority. Additions to the account which expands the account beyond the category paid for may be designated as an account upgrade. Prices for upgrades will be quoted and negotiated at the time of any such upgrade. Functionality problems (e.g. the search engine does not function properly or there are dead links on the site) are the ongoing responsibility of the Kirksville Housing Authority and will not be subject to any hourly charge. IX. Indemnity from Intellectual Property Rights Claims The Kirksville Housing Authority warrants that all materials, information, trademarks and code provided to Customer and/or the public is either owned by the Kirksville Housing Authority or duly licensed by the Kirksville Housing Authority. Therefore the Kirksville Housing Authority indemnifies and holds harmless Customer from any claims relating to intellectual property rights arising out of the use of materials, information, trademarks or code provided by the Kirksville Housing Authority. Likewise, Customer warrants that all materials, information, trademarks and code provided to the Kirksville Housing Authority are either owned by Customer or duly licensed by Customer. Therefore Customer indemnifies and holds harmless the Kirksville Housing Authority from any claims relating to intellectual property rights arising out of the use of materials, information, trademarks or code provided by Customer. X. Equal Housing Opportunity The Kirksville Housing Authority is an equal housing listing service and will not under any circumstances be willingly or knowingly a party to any unlawful discriminatory housing actions or efforts carried out by any landlord or property manager. Customer indemnifies the Kirksville Housing Authority and RentKirksville.com from any claims of housing discrimination arising out of or related to any listing by Customer of rental real estate (or any other real estate interest) on RentKirksville.com. Customer agrees that this provision applies to the RentKirksville.com website as well as any and all other websites owned, operated or licensed by the Kirksville Housing Authority. XI. Limitation of Liability Because the internet can be an uncertain medium which is under the control of parties outside of this contract, the Kirksville Housing Authority cannot be responsible for certain times when the website may be unavailable. On occasion, the Kirksville Housing Authority will need to carry out routine maintenance or upgrades, which may necessitate Customer's advertisements being inaccessible. Such maintenance or upgrade downtime will be strictly limited to the hours of Midnight to 8 AM. Maintenance or upgrades carried out between Midnight and 8 AM shall not be credited for proration. When and if occasions arise when Customer's website cannot be accessed over the internet and the cause of the inaccessibility is the fault of or is in some way caused by the Kirksville Housing Authority, Customer's yearly access fee will be prorated. Proration will reduce the charge by one day's worth of hosting charges for each day in which Customer's website was inaccessible for more than 12 hours. The uncertainty of the internet as a communication medium also means that any and all incidental or consequential damages are specifically disclaimed and the Kirksville Housing Authority cannot be liable for such damages. the Kirksville Housing Authority does not make any implied or express warranties regarding this service and any and all implied warranties are hereby disclaimed including the warranty of merchantability and the warranty of fitness for a particular purpose. XII. Modifications This agreement is subject to change without notice. XIII. Applicable Law This contract shall be construed under the laws of the State of Missouri. XIV. Consent to Jurisdiction Both parties consent to be subject to the personal jurisdiction of the State of Missouri. | |