The newhomesnationwide Network.

NHN Network Membership Application


Publisher MemberBuilder/Developer Member Associate Member


Company Name__________________________________________________________

Member Name___________________________________________________________

Address:_________________________________ State_______ Zip ______________

Phone: (_____) _______________________ Fax: (_____) _______________________

1. What year did your business begin?_____________

2. Are you affiliated with another Publisher/Publishing Co. or Builder?

NoIf yes, who?________________________________________________________

3. Names and Telephone numbers of three major suppliers, and number of years doing business:

A.____________________________________________________________________

B.____________________________________________________________________

C.____________________________________________________________________

4. Main Banking affiliation and contact person with area code and telephone number:

A.____________________________________________________________________

My reason for applying for membership in New Homes Nationwide is:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

WHY NHN IS IMPORTANT TO YOU: As a member of NHN your business becomes a part of our international network as presented on the internet. Your membership provides you with access to the new home buyer or prospect and the relocation industry worldwide, while allowing you to maintain your own web site for local promotion purposes. Regardless of the level of your company's participation, having an internet site will keep you one step ahead of your competition. The future of advertising is on the internet and you have the opportunity to become a part of it all. Welcome to the newhomesnationwide network.


AN EXPLANATION OF MEMBERSHIP CATEGORIES:


Publisher Member: Open to all companies engaged in publishing a magazine or guide written for the new home buyer or prospect, with a focus on housing product, custom designs, pricing and availability. Publications should include locator maps and information on new, single and multi-family residential developments. Dues for Publisher Memberships are $60.00 per year, plus a monthly maintenance fee of $10.00 ($120.00 annually). Multiple city discounts are available.

Builder/Developer Member: Open to all companies who are actively engaged in the construction and/or development of new single and multi-family residential developments on a local, national or international basis. Dues for Builder/Developer Memberships are $30.00 per year plus a monthly maintenance fee of $10.00 ($120.00 annually). National and International dues are determined by the number of cities in which active participation is anticipated. Multiple city discounts are available.

Associate Member: Open to all companies representing providers of goods and/or services to the building or relocation industry, or an allied trade, industry or profession that shall meet with the approval of the NHN Board of Directors. Dues of Associate Memberships are $40.00 per year plus a monthly maintenance fee of $10.00 ($120.00 annually). Multiple city discounts are available.

NOTE: Submission of this application affirms that the information provided is complete and accurate and is being presented for the purpose of applying for membership is this network. Annual renewal date occurs on the anniversary of acceptance into the network. Maintenance fees adjusted to the nearest 10th or 25th of the month are accepted.

Yes, I/We are interested in membership in newhomesnationwide network. Please send a complete membership package to my attention. You may begin to process this information for membership immediately. I/We have reviewed your contract and will forward a signed copy with our check.

Yes, I/We are interested. Please call at your earliest convenience.


NHN NETWORK CONTRACT FOR DATA STORAGE OR LINK


The following agreement is by and between New Homes Nationwide (newhomesnationwide) of P.O. Box 178020, Toledo, Ohio 43617-8020

and ________________________________________________________________(Member)

of ___________________________________________________________(Company Name)

WHEREAS, NHN is an information provider connected to the Internet, the NHN Network offers storage and transfer services over the Internet through access to its WWWHost Web Server;

WHEREAS, Member seeks to utilize NHN's network for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, NHN can make no guarantee that any given reader shall be able to access NHN's network at any given time. NHN represents that it shall make every good faith effort to ensure that its network is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. FINANCIAL ARRANGEMENTS:
1. New Member agrees to an annual contract beginning upon NHN's receipt by fax, mail, or electronic mail of this contract. NHN will accept contracts by electronic mail. Submission is consent to all terms herein.

2. Annual dues and the first three (3) months maintenance fee plus set-up charges, if any, shall be due upon receipt of contract. Once an account has been set-up, no refunds will be given, regardless of reason. Account set-up provides participation in the NHN Network web site, and has nothing to do with the status of the InterNIC registration of the individual applicant.

3. The monthly maintenance fee will be automatically billed each three (3) months. Member will receive an invoice for charges and payment is due upon receipt. Renewal prices are subject to change.

II. TAXES:
NHN shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Member or NHN's network. Member agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. MATERIAL AND PRODUCTS:
1. Member will provide NHN with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of NHN. NHN shall make no effort to validate this information for content, correctness or usability.

2. NHN will provide a WebPage development service for member support. Each application quoted individually. Production charges billed in addition to membership fees.

3. NHN will exercise no control whatsoever over the content of the information passing through the network. NHN makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. NHN also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Member, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Member. Use of any information obtained by way of NHN is at the Member's own risk, and NHN specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth. NHN expressly limits its damages to the Member of any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

4. Member agrees that web storage space and/or pages will not be resold, and that only information and advertising pertinent to the Member and their company will be displayed on the web pages.

IV. TRADEMARKS AND COPYRIGHTS:
Member warrants that it has the right to use the applicable trademarks, if any.

V. HARDWARE, EQUIPMENT AND SOFTWARE:
The member is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the NHN Network. NHN makes no representations, warranties or assurances that the Member's equipment will be compatible with the NHN Network.

VI. INTERNET ETIQUETTE:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of NHN may not be used to impersonate another person or misrepresent authorization to act on behalf of others or NHN. All messages transmitted via the NHN Network should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VII. TERMINATION:
New Homes Nationwide
may terminate service under this Agreement at any time, without penalty, if the Member fails to comply with the terms of this Agreement.

VIII. LIMITED LIABILITY:
A Member's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Member paid during the term of the Agreement and any reasonable attorney's fee and court costs.

IX. LAWFUL PURPOSE:
Member may only use the New Homes Nationwide network for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. NHN strongly encourages you to choose carefully what you place on the server for distribution over the Internet. What you may not consider to be pornographic may be ruled as such in another jurisdiction. NHN reserves the right to remove any material that it deems to be obscene, pornographic, etc. We will not host any site that has sexually oriented materials.

X. INDEMNIFICATION:
Member agrees that it shall defend, indemnify, save and hold NHN harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against NHN, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by its Member, its agents, employees or assigns. Member agrees to defend, indemnify and hold harmless NHN against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the New Homes Nationwide network: (ii) any material supplied by Member infringing or allegedly infringing on the proprietary rights of a third party: (iii) copyright infringement and (iv) any defective product which Member sold on the New Homes Nationwide network.

XI. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

This Agreement shall be governed and construed in accordance with the laws of the State of Ohio.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below.

___________________________________________________Date___________________
Member

___________________________________________________Date___________________
New Homes Nationwide / dawson baker MEDIA, Inc.


 

Publisher Member

Builder/Developer

Associate Member

Annual
Dues

$60.00

$30.00

$40.00

Annual
Service

$120.00

$120.00

$120.00

Effective
Date

________________

________________

________________


Total Amount Due:                       $________________ + $________________ = $________________
                         Dues          Service              Total Amount Due

Enclosed is a check or bank draft payable to:
New Homes Nationwide,P.O. Box 55, Maumee, Ohio 43537-0055


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