Directory Terms Of Service

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT

1.1 The Whispy.com Directory service (“Whispy.com” or the “Service”), owned and operated by Your True Nature Productions Inc.  is provided to you (“you” or “Applicant”) under the terms and conditions of this Whispy.com Service Agreement (the “Agreement”).

1.2 BY COMPLETING THE SERVICE REGISTRATION FORM ( ADD A NEW LINK PAGE) AND CLICKING THE “SEND” BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3  Whispy.com reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time with or without notice. Please refer back to this Agreement often.


2.0 DESCRIPTION OF Whispy.com SERVICE

2.1  Whispy.com Web Directory service is a FREE service that allows you  include your website in the Whispy.com Directory of web sites (the “Web Directory”). Inclusion in the Directory is not guaranteed. Subject to the terms below, and at Whispy.com’s sole discretion, if your web site is accepted for inclusion in the Directory through Whispy.com on or after January 1 of every year, your web site’s continued inclusion in the Directory will be subject to an additional review each year.

You may choose to submit your site for consideration through Whispy.com “Suggest a Site (link)” free service valid only for a Whispy.com BASIC listing. Note: due to the number of free submissions received, Whispy.com cannot guarantee a response within a particular time period. By submitting through Whispy.com,  Whispy.com’s directory team will review your site for compliance with minimum site criteria (see section 3.0) and respond to your request for inclusion in the Directory on an expedited basis. Whispy.com agrees that our Web Directory team will review your site for possible inclusion in the Directory, and respond to you accordingly (see 2.4) (excluding holiday periods observed by Whispy.com and any delays due to problems processing your request).

2.2 In order for  Whispy.com to consider your site for inclusion in the Directory, you must supply a reciprocal link as part of the registration form. If your site is included, you agree that each year your site will be subject to an additional review for minimum site criteria. Whispy.com reserves the right to remove your site from the Directory for any reason, at our sole discretion, including but not limited to failure to meet the minimum criteria in section 3.0 below.

2.3 If your site offers services on a subscription basis, you must provide Whispy.com a trial password or subscription ID as part of the registration form. The password/subscription ID will be used by Whispy.com Whispy.com solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below.

2.4 A Limited Amount of Directory Sponsorship Advertising IS available:

Sponsorship status provides the ability to add and edit a description of your website or banner to the Whispy.com Website Directory. This guarantees a top 5 listing. The name of your website, a banner, a hyperlink back to your website AND a 300 character (not word) description of your website will all be placed prominently in the top 5 listings of the categories chosen (i.e. Spirituality, Health & Healing, Family & Parenting, Romance & Dating, Gifts & Shops) To see a complete list of topics, visit our Complete Resource Directory. You will have complete control of editing your own ad as well. Additionally, there is no 'minimum months' commitment required, so you can cancel your Ad at any time you wish.

This Sponsorship program is designed for  informational, educational, health & healing, inspirational, and spiritual web sites that are dedicated to the health, wellbeing, upliftment and evolution of the planet and human spirit, to increase their traffic substantially by targeting an audience of individuals and companies who share this common interest on the Web.

What is the process involved in becoming a Sponsor?

The process for becoming a Sponsor is very simple. You can send us an email at advertising@whispy.com requesting assistance or use our smart advertising and targeted traffic to help your site grow!

Whispy.com Basic Directory Listing = * ALWAYS A FREE SERVICE

You acknowledge that the payment of these fees is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE INCLUDED IN THE DIRECTORY. Your payment only guarantees that Whispy.com will consider and respond to your Advertising request within the timeframe specified. If your web site is accepted for inclusion for Directory Advertising as part of  Whispy.com, on or after December 28 of each year, then your web site’s continued inclusion in the Directory would be subject to an additional annual review for compliance with the minimum site criteria. If you website is NOT accepted you will be refunded your money in FULL.

2.5 NOTHING IN THIS AGREEMENT OBLIGATES Whispy.com TO LIST, LINK TO, ACCEPT OR HOST YOUR SITE ANYWHERE ON Whispy.com OR IN THE DIRECTORY. IN ADDITION, IF YOUR SITE IS ACCEPTED, NOTHING IN THIS AGREEMENT OBLIGATES Whispy.com TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY OR SUBCATEGORY OR THE DIRECTORY, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

2.6 Please note that Whispy.com is only open to sites that DO NOT ALREADY EXIST in the Directory. IF YOU SUBMIT A SITE THAT ALREADY EXISTS IN THE DIRECTORY THROUGH Whispy.com, it will NOT be added again. Nor should you submit change requests to the Whispy.com program. If you need to make a change to your listing in the Directory (this includes changing the URL, title, and/or description of the existing site,) you must login to your account through your own control panel using your ID and password.

2.7 YOUR REPRESENTATIONS REGARDING YOUR SITE

You represent and warrant that the site you are submitting for consideration does not and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties not specifically identified in this Section. Further, you warrant and represent that all aspects of the site submitted for consideration comply with all applicable laws and regulations.

3.0 MINIMUM SITE CRITERIA

3.1 All web sites submitted to Whispy.com Whispy.com must meet the following minimum criteria:
· If the site is a commercial web site, the official business name must be visible to any visitor to that site;
· The site must clearly define its purpose, products, and/or services;
· The site may not appear in the Directory under a different URL;
· If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site;
· The site must not contain any parts under construction;
· All links on a site must function properly;
· The site must be in English language (or have an English version available);
· The site must support multiple browsers and capabilities (e.g. no Java-only sites);
· The site must be up and running 24 hours a day, 7 days a week;
· The site must not be dedicated to directing the user to another page;
· The page may not give the search engine different content than what the end-user sees;
 

Please don't waste people's time by submitting websites that are not comprehensive in their respective areas. If you need to develop your site more before making it worthwhile to add, please do so. People will really appreciate it! Because of the link, those who abuse the system will be obvious . If you claim your site is superior, and it isn't, boy will you look silly. If you are an "orthodox" site, following the status quo, and are trying to convince others ... take a look at the links listed here and decide whether it will be obvious whether you are attempting propaganda and indoctrination, rather than enlightenment and education. Everyone knows what the "status quo" is. Don't bother, because here, the readers and visitors are not ignorant and locked into social consciousness, and you will have wasted your time, besides becoming your own worst enemy. Your website must be a family safe site. If your website promotes racial, religious or sexual hatred, abuse, adult content or illegal activities you need not apply. We reserve the right to deny submissions or remove any website from this directory with out notice, for any reason.

Unacceptable: Please note that we will NOT not be accepting sites that focus on black magic or any  form of it, Satanism or satanic rituals or any similar websites. Wispy.com prefers to focus on the POSITIVE in life, thus it would be wise to search for another directory to list your website in. Additionally, No porn or porn related dating /personals websites will be accepted. This is a family friendly web directory.

THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND Whispy.com, AT  ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING, REJECTING, OR REMOVING A SITE.

4.0 SELECTION AND LISTING OF SITES

4.1 Whispy.com reserves the right to decide whether, where, and how a site is listed in the Directory. If Whispy.com Whispy.com accepts your site for inclusion in the Directory, Whispy.com Whispy.com will consider your preferences, but reserves the right to list your site in any category or subcategory as Whispy.com deems appropriate at its sole discretion.

4.2 Whispy.com also reserves the right, at  its sole discretion, to remove your site from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, included by not limited to, a change in the nature, business, services or content available on the site. Any and all press releases and other public announcements related to your inclusion or possible inclusions in the Directory, including the method and timing of such announcements, must be approved in advance by Whispy.com in writing. Whispy.com reserves the right to withhold approval of any public announcement in its sole discretion.

5.0 FEEDBACK

5.1 Whispy.com will contact Applicant by email describing whether the site has been accepted or rejected. If the site is rejected, Applicant is entitled to request on reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by Whispy.com. Whispy.com must receive the Applicant’s email within thirty (30) days from the date that Whispy.com transmits the rejection email to the Applicant. If the request is timely received, Whispy.com will again review the Applicant’s site and will then notify Applicant of its final decision regarding including the site in the Directory. If Whispy.com reaffirms its denial of the site, no further appeals or submissions will be considered.

5.2 If  Whispy.com accepts a suggested site, Applicant is entitled to request one reconsideration of the placement of the site, comment fields, title, etc, FREE by sending an email to the address provided by Whispy.com. Whispy.com must receive the Applicant’s email within thirty days from the date that Whispy.com transmits the acceptance email to the Applicant. If a timely request is received, Whispy.com will again review the Applicant’s site and will then notify Applicant of its final decision regarding the site. Once a site is included in the Directory, if Applicant makes any substantial changes to the site, Applicant must comply with Whispy.com’s standard change process form to make any changes to the listing in the Directory.


6.0 TERMINATION

6.1 If you wish to terminate participation in the Whispy.com Directory, you must send a notice to Whispy.com as set forth in Section 11, “Notices,” below. Please state that you wish to terminate your site’s inclusion in the Whispy.com Web Directory. Once Whispy.com Whispy.com receives such notification from you, your participation in the Whispy.com Directory will cease and your listing will be removed.

7.0 APPLICANT PRIVACY

7.1 Whispy.com maintains information about Applicant on Whispy.com servers, including but not limited to Applicant’s registration. Applicant agrees that Whispy.com may disclose such information in the good faith belief that such action is reasonably necessary: (a) to comply with the law or legal process; (b) to enforce this Agreement; or (c) to protect the rights or interests of  Whispy.com or others; provided, however, that nothing in this section shall impose a duty on Whispy.com Whispy.com to make any such disclosures. Your information will remain private and not be shared outside of Whispy.com.

7.2 Whispy.com may contact Applicant regarding Whispy.com's We Directory using the Applicant’s email address provided during the registration process (or as updated by Applicant).

8.0 INDEMNITY

Applicant agrees to indemnify, defend and hold harmless Whispy.com, and its parents, subsidiaries, affiliates, officers, directors, employees and agents, for all losses and costs related to any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Applicant’s suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Whispy.com reserves the right, at its own expense, assume the sole and exclusive defense and control of any matter subject to indemnification by Applicant, which shall not excuse Applicant’s indemnity obligations.

9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

9.1 THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9.2 Whispy.com, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL OR EQUITABLE THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER, EVEN IF Whispy.com IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT’S USE OF OR INABILITY TO USE THIS SERVICE,  Whispy.com’s ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR  Whispy.com’s CONTINUED LISTING OF A SITE IN THE DIRECTORY

9.3 Whispy.com’s LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO Whispy.com UNDER THIS AGREEMENT

10.0 FORCE MAJEURE

10.1 Whispy.com is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of war, terrorism, or other causes beyond its reasonable control.

11.0 NOTICES

11.1 Any notices of communications under the Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communications is directed at the addresses specified below. If,  to Whispy.com, such notices fail to be addressed to admin@whispy.com or to the Whispy.com Editor Team at whispy_directory@yahoo.com , it will not be read or reviewed. It is the Applicant’s responsibility to provide an accurate email address and to ensure that Whispy.com  is notified of any changes to Applicant’s address as specified in this Section.

12.0 ENTIRE AGREEMENT

12.1 This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the Whispy.com Terms & Conditions and the Whispy.com Privacy Policy.

13.0 GENERAL

13.1 The Agreement and the relationship between Applicant and Whispy.com are governed by the laws and of the state of Illinois, U.S.A. without regard to that state’s conflict of laws rules. Applicant and Whispy.com hereby submit to the personal and exclusive jurisdiction of the Superior Court of the State of Illinois or the United States District Court for the resolution of disputes arising from or in connection with this Agreement. Whispy.com’s failure to exercise or to enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and in the Agreement, without statutory presumptions against the drafter, and they agree that all other provisions of the Agreement will remain in full force and effect. The parties expressly agree that the United Nations Convention for the International Sale of goods does not apply to this Agreement. Applicant agrees that regardless of any statue or law to the contrary, any claim or cause of arising out of or related to the Service or to the Agreement must be filed in the Superior Court of the State of Illinois or the United States District Court within one (1) calendar year after such claim or cause of action arose or be forever barred.

13.2 The section titles in the Agreement are for convenience only and have no legal or contractual effect.