Caribseek One! Service Agreement
1. Acknowledgment and Acceptance of Service
1.1 The Caribseek One! Service ("Caribseek
One!" or the "Service"), owned and operated by
Caribseek International ("Caribseek"), is
provided to you ("you" or "Applicant") under the
terms and conditions of this Caribseek One!
Service Agreement (the "Agreement").
1.2 By completing the service registration form
and clicking the "I Accept" 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 Caribseek reserves the right, in its sole
discretion, to change, modify, add, or remove
all or parts of the Agreement at any time with
or without notice. Please refer back to this
2. Description of Caribseek One! Service
2.1 Caribseek One! is a fee-based service that
allows you to pay for consideration of your
website for possible inclusion in Caribseek's
Search Directory of Caribbean and Caribbean
related websites (the "Search Directory") within
a specified guaranteed timeframe. By submitting
through Caribseek One!, Caribseek's directory
editors will review your website for compliance
with the minimum website criteria (see section 3.).
Inclusion in the Caribseek Search Directory
is not guaranteed.
2.2 In consideration of your payment and
participation in Caribseek One! in accordance
with this Agreement, Caribseek agrees that its
search directory team of editors will review
your website for possible inclusion in the
Search Directory and respond to you within
twenty-four (24) hours when your website is
submitted on a business day during business
hours(excluding holiday periods observed by Caribseek
and any delays due to problems processing your
payment). Response times are measured by
Caribseek's eMail servers.
2.3 In order for Caribseek to consider your
website for inclusion in the Search Directory,
you must submit a valid credit card number as
part of the registration process. You agree that
your credit card will be charged the then
current, applicable non-refundable fee
for timely review and response.
2.4 If Caribseek is unable to successfully
charge your card or if the charge is refused,
your website will not be considered for
inclusion in the Search Directory. It is the
Applicant's responsibility to provide current
and correct credit card information.
2.5 If your website offers services on a
subscription basis, you must provide Caribseek a
trial user-ID or password as part of the
registration form. The user-ID/password will be
used by Caribseek solely as part of its
evaluation of whether your website meets and
maintains the minimum website criteria explained
2.6 The current fee for Caribseek One! for
initial consideration in the Search Directory is
a non-refundable fee of US$ 249.00
(two hundred forty-nine U.S. dollars) applicable for each
website or URL submitted.
The listing of your website in the Caribseek
Search Directory is
for 1 (one) year.
2.7 You acknowledge that the payment of this fee
is for consideration of your website and does
not in any way guarantee that your website will
be included in the Search Directory.
payment only guarantees that Caribseek will
consider and respond to your request
within twenty-four (24) hours when your website
is submitted on a business day during business
hours, by either accepting or not
accepting your website.
You expressly agree to
pay to Caribseek such fee whether or not your
website is accepted or denied inclusion in the
Caribseek Search Directory.
2.8 Nothing in this agreement obligates
Caribseek to list, link to, accept, or otherwise
host your website anywhere on Caribseek or in
the Search Directory. In addition, if your
website is accepted, nothing in this agreement
obligates Caribseek to place your website within
a specific island category or subcategory of the
Search Directory or to provide any comments or
annotations with the listing of your website.
2.9 Please note that Caribseek One! is only
open to websites that are not already listed
in the Search Directory. Do not submit your
website to Caribseek One! program if your
website already appears in the Search Directory.
If you submit a website that already exists in
the Search Directory through Caribseek One!,
your credit card will be charged the
then-current, applicable fee for timely review.
2.10 Nor should you submit change requests to
the Caribseek One! program. If you need to make
a change to your listing in the Search Directory
(this includes changes in the URL, title,
description and/or keywords of the existing
website), you must use the change form and not
If you submit change requests through Caribseek
One!, you will be charged the then-current,
applicable fee for timely review, and the
changes you submit will not be made.
2.11 You represent and warrant that the website
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 website
submitted for consideration comply with all
applicable laws and regulations.
listing accepted into the Caribseek Search
Directory, there is a recurring annual fee to maintain the listing in the Search
Directory for each subsequent year at the then
current Caribseek Cool! rate.
3. Minimum website Criteria
3.1 All websites submitted to Caribseek One!
must meet the following first set of minimum
criteria. Caribseek will only list:
Caribbean related websites;
Websites by the Caribbean Diaspora with Caribbean
Websites with content highly relevant to the Global
3.2 All websites submitted to Caribseek One!
must meet the following second set of minimum
The website must comply with one of the
criteria in section 3.1;
If the website is a commercial or business
website, the official business name and
address must be visible to any visitor of that
The website must clearly define its purpose,
products and/or services;
The website does not appear in the Search
Directory under a different URL;
The website is fully functional and all links on the
website are working properly;
The website does not contain parts that are under
The website must support multiple browsers and
The website is up and running 24 hours a day, seven
days a week, the whole year.
The website does not consist largely of affiliate
The website must not be dedicated to directing
the user to another page;
The same website is not submitting under the same URL
more than once. Example: http://www.caribseek.com,
3.3 All websites submitted to Caribseek
must meet the following third set of minimum
The website does not offer adult oriented content and/or services;
The website does not offer offending content;
The website does not contain illegal content.
3.4 All websites submitted to Caribseek
must meet the following fourth set of minimum
criteria. During the registration process the Applicant
must provide at least:
A short title for the website, preferably the business or commercial name;
An objective, concisely, accurately and well written description of the content of the website in no more than 250 characters (including spaces);
A list of no more than 20 keywords separated only by spaces.
3.5 Only websites that meet the abovementioned
criteria will be further considered for possible
inclusion in the Search Directory. These
criteria are minimum requirements only, and
Caribseek, in its sole discretion, may consider
other criteria before accepting, rejecting, or
removing a website.
4. Selection and Listing of Websites
4.1 Caribseek reserves the right to decide
whether, where, and how a website is listed in
the Search Directory. If Caribseek accepts your
website for inclusion in the Search Directory,
Caribseek will consider your preferences, but
reserves the right to list your website in any
island category or subcategory as Caribseek
regards appropriate, in its sole discretion.
Caribseek reserves the right not to include any
specific keywords, comments, or annotations with
the listing of a website in the Search
4.2 Caribseek also reserves the right, in its
sole discretion, to remove your website from the
Search Directory, move the listing to a
different island category or subcategory, and
change or remove any keywords, comments, or
annotations at any time, for any reason,
including but not limited to, a change in the
nature, business, goods, services or content as
available on the website.
4.3 Any and all press releases and other public
statements related to the inclusion or possible
inclusion of your website in the Search
Directory, including the method and timing of
such statements, must be approved in advance by
Caribseek in writing. Caribseek reserves the
right to withhold approval of any public
announcement in its sole discretion.
5. Acceptance or Rejection of Websites
5.1 Caribseek will contact Applicant by eMail
describing whether the website has been accepted
5.2 If the website is rejected, Applicant is
entitled to request one reconsideration, or
appeal, of the website at no additional charge
by sending an eMail to the address provided by
Caribseek. Caribseek must receive the
Applicant's eMail within thirty days from the
date that Caribseek transmits the rejection
eMail to the Applicant. If a timely request is
received, Caribseek will again review the
Applicant's website and will then notify
Applicant of its final decision regarding
including the website in the Search Directory.
If Caribseek reaffirms its denial of the
website, no further appeals or submissions will
be considered for that website.
5.3 If Caribseek accepts a suggested website,
Applicant is entitled to request one
reconsideration of the placement of the website,
comment fields, title and keywords at no
additional charge by sending an eMail to the
address provided by Caribseek. Caribseek must
receive the Applicant's eMail within thirty days
from the date that Caribseek transmits the
acceptance eMail to the Applicant. If a timely
request is received, Caribseek will again review
the Applicant's website and will then notify
Applicant of its final decision
regarding the website.
5.4 It is the Applicant's responsibility to keep
Applicant’s eMail address current with
5.5 Once a website is included in the Search
Directory, if Applicant makes any substantial
changes to the website, Applicant must make use
of Caribseek's standard change process form to
make any changes to the listing in the Search
6.0 Removal of Websites
6.1 Caribseek reserves the right to remove your
website from the Search Directory for any
reason, in its sole discretion, including but
not limited to failure to meet the minimum
criteria in section 3.
7. Applicant Privacy
7.1 Caribseek maintains information about the
Applicant on Caribseek servers and
administration, including but not limited to
Applicant's registration information.
7.2 Applicant agrees that Caribseek may use such
information in aggregate form for
marketing or other promotional purposes.
7.3 Applicant agrees that Caribseek 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 Caribseek or others;
provided, however, that nothing in this section
shall impose a duty on Caribseek to make any
7.4 Caribseek may contact Applicant regarding
Caribseek One! using the Applicant's eMail
address provided during the registration process
(or as updated by Applicant).
8.1 Applicant agrees to indemnify, defend, and
hold harmless Caribseek, and its parents,
subsidiaries, affiliates, officers, directors,
shareholders, 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 use of or listing in the Caribseek
One! service, the acceptance or rejection of
Applicant's suggested website, any alleged
violation of this Agreement, or any alleged
violation of any rights of others. Caribseek
reserves the right, at its own expense, to
assume the sole and exclusive defense and
control of any matter subject to indemnification
by Applicant, which shall not excuse Applicant's
9. 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 of 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 Caribseek, and its parents, subsidiaries,
affiliates, officers, directors, shareholders,
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 of
any character, even if Caribseek is aware of the
risk of such damages, that result in any way
from applicant's use of or inability to use this
Service, Caribseek's acceptance or rejection of
a suggested website, or Caribseek's continued
listing of a website in the Search Directory.
9.3 Caribseek’s liability to Applicant shall
not, for any reason, exceed the amount actually
paid by Applicant to Caribseek under this
10. Force Majeure
10.1 Caribseek is not liable for any delay or
failure in performance under the Agreement
resulting directly or indirectly from acts of
God, hurricanes, volcano activities,
flooding, earthquakes, terrorism, or other causes beyond
Caribseek’s reasonable control.
11.1 Any notices or communications under the
Agreement shall be by electronic eMail or in
writing, and shall be deemed delivered upon
receipt to the party to whom such communication
is directed, at the addresses specified below.
11.2 If to Caribseek, such notices shall be
addressed to firstname.lastname@example.org or to
Caribseek International at Kaya W.F.G. (Jombi)
Mensing 18, Curaçao, Netherlands Antilles.
11.3. If to Applicant, such notices shall be
addressed to the electronic or mailing address
specified in Applicant's Service registration
form, or such other address as either party may
give the other by notice as provided in this
11.4 It is the Applicant's responsibility to
provide an accurate mailing and eMail address,
and to ensure that Caribseek is notified of any
changes to Applicant's mailing address or
electronic eMail as specified in this Section.
12. Entire Agreement
12.1 This Agreement constitutes the entire
agreement between the parties with respect to
the Service and supersedes all previous
proposals, both oral and written,
representations, writings, and all other
communications between the parties with respect
to such subject matter.
13.1 The Agreement and the relationship between
Applicant and Caribseek are governed by the laws
of The Netherlands Antilles.
13.2 Applicant and Caribseek hereby submit to
the personal and exclusive jurisdiction of the
Superior Court of the Netherlands Antilles for
the resolution of disputes arising from or in
connection with this Agreement.
13.3 Caribseek'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 never-the-less 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.
13.4 Applicant agrees that regardless of any
statute or law to the contrary, any claim or
cause of action arising out of or related to the
Service or to the Agreement must be filed in the
Superior Court of the Netherlands Antilles
within one (1) calendar year after such claim or
cause of action arose or be forever barred.
13.5 The section titles and numbering in the
Agreement are for convenience only and have no
legal or contractual effect.