Visitor's Choice Awards
Site Submission
Terms of Service

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT

1.1 The Dominitech's Vistor's Choice Awards standard submission Service ("Dominitech's WebSite of the Day standard submission"or the "Service"), owned and operated by Dominican Technologies DBA Dominitech. ("Dominitech's Visitor's Choice Awards") is provided to you ("you" or "Applicant") under the terms and conditions of this service agreement (the "Agreement").

1.2 BY COMPLETING THE standard submission 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, ACCURATE, CURRENT AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS) AS PROMPTED BY THE REGISTRATION FORM, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

1.3 Dominitech reserves the right, in its sole discretion, in the future, to change, modify, add or remove all or part of the Agreement at any time.

2.0 DESCRIPTION OF Dominitech's Visitor's Choice Awards standard submission

2.1 Dominitech's Visitor's Choice Awards standard submission is a fee-based expedited service provided by Dominitech.com to consider your web site for selection as a Visitor's Choice Awards. Selection is not guaranteed. Web sites that are nominated and selected as a Visitor's Choice Awards will be featured in the Visitor's Choice Awards Archive area. By submitting your site using Dominitech's Visitor's standard submission, Dominitech will consider and respond to your request for nomination and selection as a Visitor's Choice Awards on an expedited basis. In consideration of your payment and participation in Visitor's Choice Awards standard submission in accordance with this Agreement, Dominitech agrees that a member of Dominitech's editorial staff will look at your site, consider it for nomination, and respond to you within seven (7) business days from the date that you submit your site for consideration (excluding holiday periods observed by Dominitech and any delays due to problems processing your request). Response times are measured based on Dominitech's mail servers.

2.2 In order for Dominitech to consider your site for nomination, you must submit a valid credit card number as part of the registration form. You agree that your credit card will be charged the then current, applicable fee for initial consideration as a website of the day. You may also use PayPal.  Dominitech, however, reserves the right to remove your site if it fails to meet the minimum criteria in section 3.0 below.

2.3 If your site offers services on a subscription basis, you must provide Dominitech with a trial password or subscription ID as part of the registration form. The password/subscription ID will be valid for a period of not less than 90 days and will be used by Dominitech solely as part of its evaluation of whether your site meets and maintains the minimum site criteria explained below.

2.4 The fee for Dominitech's Visitor's Choice Awards standard submission promotion is no longer a flat rate but now determined by ebay auctions. The rate is applicable for each web site submitted that does not include adult content and/or hate material. NO site offering adult content and/or hate material will be accepted. You acknowledge that the payment of this fee is for consideration of your site AND DOES NOT IN ANY WAY GUARANTEE THAT YOUR SITE WILL BE NOMINATED or SELECTED. Your payment only guarantees that Dominitech will consider and respond to your request within seven business days, by either selecting or not selecting your site. You expressly agree to pay to Dominitech such fee whether your site is selected or denied for nomination.

2.5 NOTHING IN THIS AGREEMENT OBLIGATES Dominitech TO NOMINATE, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON DOMINITECH.COM OR IN THE ARCHIVE OR ANY OTHER DOMINITECH PROPERTIES.

3.0 MINIMUM SITE CRITERIA

3.1 All web sites submitted using Visitor's Choice Awards standard submission 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 must contain substantively unique content, as determined by Dominitech's Visitor's Choice Awards's editorial staff
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 the site must work (and must link to relevant content);
The site must be in the English language (or have an English version available);
The site must support multiple browsers and capabilities;
The site must be up and running 24 hours a day, 7 days a week;
The site must not contain any content, products, services or other information that, in Dominitech's reasonable determination, may be illegal to sell under any applicable law, statute, ordinance or regulation, that may infringe or violate anyone's rights, or that, Dominitech believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of Dominitech's Visitor's Choice Awards.
THESE CRITERIA ARE MINIMUM REQUIREMENTS ONLY, AND Dominitech, IN ITS SOLE DISCRETION, MAY CONSIDER OTHER CRITERIA BEFORE ACCEPTING OR REJECTING A SITE.

4.0 SELECTION AND LISTING OF SITES

4.1 Dominitech reserves the right to decide whether, where, and how a site is selected. If Dominitech selects your web site, Dominitech will consider your preferences, but reserves the right to position your Visitor's Choice Awards Award on any day of the week as Dominitech deems appropriate, in its sole discretion. Once Dominitech selects your site, that site shall be treated as any other previously nominated and selected site.

4.2 Dominitech also reserves the right, in its sole discretion, to remove your site from the Premium Archive, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site from the time it was selected.

4.3 Any and all press releases and other public announcements related to your nomination and selection, including the method and timing of such announcements, must be approved in advance by Dominitech in writing. Dominitech reserves the right to withhold approval of any public announcement in its sole discretion.

5.0 FEEDBACK

5.1 Dominitech will contact Applicant by email describing whether the site has been selected or rejected. If the site is rejected, Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by Dominitech. Dominitech must receive the Applicant's email within thirty days from the date that Dominitech transmits the rejection email to the Applicant. If the request is timely received, Dominitech will again review the Applicant's site at no charge and will then notify Applicant of its final decision regarding nomination. If Dominitech reaffirms its denial of the site, no further appeals or submissions will be considered.

6.0 PARTICIPATION

6.1 If you wish to remove your site from the Archive once it has been selected, you must send a notice to Dominitech as set forth in Section 11, "Notices," below.

7.0 APPLICANT PRIVACY
7.1 Dominitech maintains information about Applicant on Dominitech's servers, including but not limited to Applicant's registration information. Applicant agrees that Dominitech may use such information in aggregate form for marketing or other promotional purposes as noted in our Privacy Policy. Applicant agrees that Dominitech 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 Dominitech or others; provided, however, that nothing in this section shall impose a duty on Dominitech to make any such disclosures.

7.2 Dominitech may contact Applicant regarding Dominitech's Visitor's Choice Awards standard submission using the Applicant's email address provided during the registration process (or as updated by Applicant). Such email messages may contain opportunities regarding special offers and new products from Dominitech or it’s advertisers.

8.0 INDEMNITY
Applicant agrees to indemnify, defend and hold harmless Dominitech, and its parents, subsidiaries, affiliates, officers, directors, employees and agents, from 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 Service, the acceptance or rejection of Applicant's suggested site, any alleged violation of this Agreement, or any alleged violation of any rights of others.

9.0 DISCLAIMER OF WARRANTIES AND LIABILITIES
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.
Dominitech, 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 OF ANY CHARACTER, EVEN IF Dominitech IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, Dominitech's ACCEPTANCE OR REJECTION OF A SUBMITTED SITE, OR Dominitech's CONTINUED LISTING OF A SITE IN THE PREMIUM ARCHIVE.
Visitor's Choice Awards’s LIABILITY TO APPLICANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY APPLICANT TO Visitor's Choice Awards UNDER THIS AGREEMENT.

10.0 FORCE MAJEURE
Dominitech is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of Nature, terrorism, or other causes beyond its reasonable control.

11.0 NOTICES
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Dominitech, such notices shall be addressed to webmaster_AT_dominitech.com or to Dominitech's standard submission at PO Box 362 Yonkers, NY 10704. 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 Section. It is the Applicant's responsibility to provide an accurate address and to ensure that Dominitech is notified of any changes to Applicant's address as specified in this Section.

12.0 ENTIRE AGREEMENT
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 Dominitech's Visitor's Choice Awards Terms of Service and the Domintech's Visitor's Choice Awards Privacy Policy.

13.0 GENERAL
The Agreement and the relationship between Applicant and Dominitech are governed by the laws of the state of New York, U.S.A. without regard to that state's conflict of laws rules.