1.1 The BananaPile Express Inclusion Service ("BananaPile Express Inclusion" or the "Service"), owned and operated by BananaPile.com, ("BananaPile") is provided to you ("you" or "Applicant or "Participant") under the terms and conditions of this BananaPile Express Inclusion 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, AND 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 BananaPile reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time.

2.1 BananaPile Express Inclusion is a fee-based service provided by BananaPile that allows you to add your site to the BananaPile global database and make your site available for immediate viewing on BananaPile.com. Your participation in the BananaPile Express Inclusion program is subject to the terms below.

2.2 In order to participate in the BananaPile Express Inclusion program, you agree to remit an annual, non-refundable payment of US $9.95. 

In exchange for this payment you will be granted:

• An annual (1 Year) Membership to BananaPile's Express Inclusion Program.

• A username and password in order to access your personal "Listing Management Center."

• Unlimited access to your own personal Listing Management Center, where you will be able to instantly add your web sites to the BananaPile global database and make your sites available for immediate viewing by searching BananaPile.com with the keywords/phrases you've submitted.

• Free "Priority Positioning" for all your listings.

2.3 Positioning: BananaPile's positioning system operates in 2 distinct ways.

• Priority Positioning. Priority Positioning is offered on a first come first served basis, meaning the first site listed with a specific keyword/phrase receives the top Priority position for that keyword/phrase. The second site listed for that keyword/phrase receives the second Priority position ... and so on. This automatically positions your listings above all sites not listed via the Express Inclusion program. Priority Positioning is provided free to all Express Inclusion participants. There are never any extra charges for impressions, hits, clicks or visitors that your site receives while listed via the Priority Positioning method. Please note: If you are the first site listed via the Priority Positioning system and no one uses the Enhanced Positioning system (described below), your site will appear in the #1 spot for the keyword/phrase you've submitted.

• Enhanced Positioning. All participants in the BananaPile Express Inclusion program may opt to the position of their listings and begin receiving traffic on a cost-per-visitor basis by using the Enhanced Positioning system. Enhanced Listings always appear at the top of our search results in order of their bid amount. Some benefits of Enhanced Positioning include:
  • You determine the position of your listings.
  • You set your own price with bids starting at just 1 cent per visitor.
  • You only pay for the visitors you receive. When someone clicks on your listing and visits your site, then and only then, is the amount you bid deducted from your account.
  • All visitors are 24 hour/URL unique. If someone visits an URL more than once in a day, you only pay for their first visit even if they find your listing by searching different keyword/phrases.

2.31 As a participant of the BananaPile Express Inclusion program you will receive a one-time bonus of $30 in Enhanced Positioning credits which may be used to boost the position of one or more of your listings at anytime.

2.32 Bidding is NOT required! You are welcome to use the Priority Positioning system without charge. Listings submitted via the "Enhance Positioning" system appear in their bid position as long as your account maintains a positive balance. You may return your Enhanced listings to the free Priority Positioning system at anytime.

2.33 While all Express Inclusion participants receive permanent inclusion in the BananaPile Global database and "Free Priority Positioning." Listing position is not guaranteed. The date and time of your submissions while using the Priority Positioning system as well as the "Enhanced Positioning" activities of you and other participants in this program will effect your listings position.

3.1 All web sites submitted to BananaPile Express Inclusion program must meet the following criteria:

• All participants must own or be legal affiliates of any and all sites they submit to BananaPile.

• The site MUST NOT contain adult content.

• All links on the site must work.

• The site must be in the English language (or have an English version available);

• The site must be viewable in standard internet browsers such as Internet Explorer or Netscape Navigator.

4.1 BananaPile reserves the right to decide if a site is included and how a site may be listed in the BananaPile global database. While all submissions are instantly approved, BananaPile reserves the right, in its sole discretion, to review and remove any and all submissions, listings, sites not conforming to the following Listing Guidelines.

GENERAL STANDARDS:

4.20 Relevancy:
Sites can only be listed with keyword/phrases relevant to the content of the site. Each listing must lead to a web page that contains information, products or services related to the keyword requested. For example: If a site offers used cars, it qualifies for all the keyword/phrases related to the buying and selling of used cars, but does not qualify for the keyword "pizza."

4.21 Web Address:
Listings must lead to a valid web page that does not contain multiple (more than 1) pop-ups window or java alert messages.

4.23 Titles and Descriptions:
To preserve the look and integrity of the BananaPile global database. Titles and Description may not include:

• Sentence Cramming. (i.e. a,long,stretch,of,words,with,no,spaces.)

• Overuse of Punctuation. (i.e. "!!!@@##$$$**)

4.24 Gambling Sites:
For BananaPile purposes a site is categorized as a "Gambling Site" if it:
A) Promotes wagering or betting.
B) Accepts payment for the opportunity to win cash or prizes. 
Gambling sites may only list with keyword/phrases specifically related to gambling.
(example: "blackjack", "sports betting", "casinos" or "world series odds"). 

Gambling sites MAY NOT list their sites with keywords such as "free", "entertainment", "football" unless such keyword/phrases are accompanied by a modifier relating to the gambling industry. Example "free casino", "gambling entertainment" and "football betting" are all acceptable.

4.25 Adult Content:
For BananaPile purposes a site is categorized as "Adult" if it:
A) Contains pornography or sexually explicit material.
B) Promotes hate, violence, illegal activates; or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

We do not list sites that contain Adult Content! Any accounts containing Adult content as defined above are subject to immediate termination without notice.

4.26 Subscription and Membership Sites:
If your site offers services on a subscription or membership basis, you agree to provide BananaPile a free trial with password or subscription ID as part of the registration process. The trial password/subscription ID will be valid for a period of not less than 90 days and will be used by BananaPile solely for the purpose of evaluating whether your site meets and maintains the Minimum Site Criteria and Listing Guidelines.

4.3 Press Releases:
Any and all press releases and other public announcements related to your sites inclusion or possible inclusion in the BananaPile global database, including the method and timing of such announcements, must be approved in advance by BananaPile in writing. BananaPile reserves the right to withhold approval of any public announcement in its sole discretion.

4.4 Right Of Refusal:
BananaPile reserves the right, in its sole discretion, to remove any and all listings and to terminate subscriptions that demonstrate deliberate, continued and/or repeated disregard for the above Listing Guidelines.

5.1 If you have comments, questions or suggestions please contact BananaPile via email at info@BananaPile.com

6.1 Your participation in the BananaPile Express Inclusion program is entirely voluntary and on a self-serve basis. You agree that your personal Listing Management Center will be created from the information you submit during the sign-up process.

6.2 If you wish to discontinue your participation in the BananaPile Express Inclusion program, you must send notice to BananaPile via email to cancel@BananaPile.com. Please include your username and password so we can verify your identity and cancel your account. Once BananaPile receives such notification from you, your participation in the BananaPile Express Inclusion program will cease and your listings will be removed. You agree that BananaPile will not be required to refund any portion of your 12.95 Express Inclusion fee.

6.3 The current annual membership fee for your participation in the BananaPile Express Inclusion program is a NON-REFUNDABLE fee of US $9.95.

6.4 Please note that BananaPile Express Inclusion program is open to all qualifying sites on a self-serve basis. All participants must Add/Edit/Delete their own listings. Do not submit change requests to BananaPile. If you need to make a change to your listing, login to your personal Listing Management Center to effect the necessary changes (this includes changing the URL, title, description and enhanced listing position of your site).

6.5 NOTHING IN THIS AGREEMENT OBLIGATES BananaPile TO VISIT, LIST, LINK TO, ACCEPT OR OTHERWISE HOST YOUR SITE ANYWHERE ON BananaPile OR TO PLACE YOUR SITE WITHIN A SPECIFIC CATEGORY, SUBCATEGORY OR WITH KEYWORDS/PHRASES ON THE BananaPile SITE, OR TO PROVIDE ANY COMMENTS OR ANNOTATIONS WITH THE LISTING OF YOUR SITE.

7.1 BananaPile maintains information about participants on BananaPile servers, including but not limited to participants registration information. Applicant agrees that BananaPile may use such information in aggregate form for customer service purposes only. However, participants agree that BananaPile may disclose such information when: (a) complying with the law or legal process; (b) enforcing this Agreement; or (c) to protecting the rights or interests of BananaPile or others; provided, however, that nothing in this section shall impose a duty on BananaPile to make any such disclosures.

7.2 BananaPile may periodically contact participants regarding BananaPile Express Inclusion using the Applicant's email address provided during the registration process (or as updated by Applicant). Such messages may contain customer service messages and/or special offers relating to BananaPile.com.

8.1 Applicant agrees to indemnify, defend and hold harmless BananaPile, and its parents, subsidiaries, affiliates, officers, directors, shareholders, 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 submissions, listings or sites, any alleged violation of this Agreement, or any alleged violation of any rights of others. BananaPile reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Participant, which shall not excuse Participants indemnity obligations.

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 BananaPile 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 YAHOO! IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM APPLICANT'S USE OF OR INABILITY TO USE THIS SERVICE, BananaPile's ACCEPTANCE OR REJECTION OF A SUGGESTED SITE, OR BananaPile's CONTINUED LISTING OF A SITE IN THE DIRECTORY.

9.3 BananaPile's LIABILITY TO PARTICIPANT SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY PARTICIPANT TO BananaPile UNDER THIS AGREEMENT.

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

11.1 Any notices or communications under the Agreement shall be by electronic mail and shall be deemed delivered upon receipt to the party to whom such communication is directed. If directed BananaPile, all such notices shall be addressed to admin@BananaPile.com If to Participant, such notices shall be addressed to the electronic or mailing address specified in Participants Account Information, 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 BananaPile is notified of any changes to Applicant's address as specified in this Section.

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 BananaPile Terms of Service and the BananaPile Privacy Policy.

13.1 The Agreement and the relationship between Express Inclusion participants and BananaPile are governed by the province of Alberta, Canada without regard to that provinces conflict of laws rules. Participant and BananaPile hereby submit to the personal and exclusive jurisdiction of the Superior Court of the Province of Alberta or the Canadian District Court for the City of Calgary, Alberta Canada for the resolution of disputes arising from or in connection with this Agreement. BananaPile'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. Participant 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 Province of Alberta or the Canadian District Court for the City of Calgary, Alberta Canada 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.