Terms of Use
Acknowledgment
You must read these Terms of Use set forth below before using
this Web Site. By using this Web Site You and yours and your employees and
agents ( here collectively referred to as "You" and "User" ) agree to
be bound by the Web Site's Terms of Use and other policies and guidelines
throughout the Web Site. The Company, its owners, its personnel, its licensors,
service providers and agents ( here collectively referred to as "The Company" )
reserve the right to review and revise these Terms of Use at any time in its
sole discretion. By using this Web Site subsequent to any revision
of these Terms of Use, You agree to be bound by such changes. You must consult
these Terms of Use regularly; if You find these Terms of Use to be unacceptable,
You must immediately terminate your use of this Web Site.
these Terms of Use and other policies and guidelines located throughout
the Web Site identify what Users of the Web Site can expect from The Company
and what The Company expects from You. When using this Web Site, our services, making
a purchase there from, you agree to be bound by these Terms of Use.
Disclaimers
The services provided on this Web Site and all materials including, animations,
text, designs, images, illustrations, programs, banners, buttons, photographs,
icons, information, files, and other materials that are part of this Web Site
( collectively, the "Content" ) could include inaccuracies, from
defects, mistakes, interruptions, omissions, viruses, deletion of files,
errors, whether or not resulting from acts of God. The Company's Web Site
does not guarantee accuracy, value, quality, completeness, usefulness, of any
content, data, documents, graphics, images, information, advice, opinion
contained in, reliability or frequency of any information made available. The
Company makes no commitment, however, to update or maintain what is published
or made available in this Web Site. Furthermore, we reserve the right to
temporarily, or permanently, modify, alter, discontinue or delete the same
without prior notice.
You must not rely upon opinions expressed at this Web Site
when making business, financial, personal or other decisions. The Company
does not endorse the opinions of third parties expressed on this Web Site,
use or reliance on any such third party content is at your own risk.
The Company has made no effort to verify the accuracy or
suitability of any information contained in any other Web Site that you can
link to from this Web Site. Links to other Web Sites shall not in any manner
be construed as an endorsement by The Company of that Web Site or of
the products or services described therein.
Limitation of Liability
To the extent permitted by law, the services and information on this Web Site
are provided "as is" and "as available" and without warranty, and all
warranties of any kind, expressed, implied or statutory, including, but
not limited to, the implied warranties of merchantability, fitness for a
particular purpose, or non-infringement, are hereby disclaimed, and you hereby
waive all such warranties.
You also understand and agree that The Company is not responsible for
protecting You and yours against malicious content in this Web Site and in the
internet. The Company has no liability or responsibility
whatsoever for any content provided by any other person contained on or
obtained through the Web Site.
You must implement adequate checkpoints to satisfy your particular
requirements for accuracy of data and content You download or view. The
Company does not guarantee a virus free environment; You must check everything
You download from this Web Site and its links against virus infections.
The Company, is not, and will not be liable for consequential damages of any kind, nor will
The Company be liable for any direct, indirect and incidental damages,
including but not limited to, loss of revenue or income, pain, emotional
distress, suffering, or similar damages, even if such parties have been
advised of the possibility of such damages. In no event will the liability of
The Company exceed the amount, if any, you have paid to The Company in the
last month of service.
Permitted Use and Conduct
You have a nonexclusive, nontransferable, limited, revocable right to use the
Web Site solely for lawful purposes permitted by these Terms of Use.
Your use of this Web Site is limited to the services we explicitly offer to
You.
You may not use the Web Site to post, distribute, upload to, or transmit to or
through this Web Site any messages, information or materials which is indecent or questionable or
transmition of information or programs including but not limited to sexually
explicit material, profane, threatening, offensive, abusive, harassing, obscene,
hateful, unlawful, embarrass, harmful, racially, ethnically, defamatory,
vulgar, distress or invade the privacy of any individual or entity.
You may not use the Web Site for any purposes that may encourage conduct that
would be harmful to others, criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international
law.
You cannot use or copy or reproduce any portion of this Web Site; further
more, you cannot frame this Web Site or any part of this Web Site into
another web site, reproduction of any portion of this Web Site in any form is
forbidden. Co-branding("co-branding") the Web Site or any portion thereof,
is forbidden; You cannot use The Company name, logo, trademark, or other means of
attribution or identification to indicate or insinuate that a person or entity
next to it is affiliated or authorized to do business with us. If You open an
account in this Web Site You acknowledge that the information You provide to
us, either on the Web Site registration or signup form, or by any other medium
such as fax machine and telephone, is your own and that You are not
impersonating another person at any point.
You must not post third party's copyrighted material, trademark, patent or
other intellectual property right in this Web Site. You must not transmit
disorderly, excessive and improper messages or information using this Web Site
that could in any way interfere with the Web Site practices or that could
interfere, offend, harm, any individual or entity.
You acknowledge that The Company at our sole discretion may, from time to
time, and without notice, alter or update the services or products we provide
to You; we may alter practices, limitations and restrictions to such services
or products.
The Company is not liable for any action or inaction with
respect to conduct, communication or Content on the Web Site. We may take any
action we deem appropriate, in our sole discretion, to maintain the high
quality of our service and to protect others and ourselves.
You may not use this Web Site to sell a product or service, or to increase traffic to
your Web Site for any reasons, such as advertising sales.
Additional Rules
A. You cannot impersonate us, The Company and Web Site, in any way
including but not limited to, use our Content to submit your Web Site to
search engines.
B. The information you provide to us will be stored in our servers and
even though The Company will take proper mesures to ensure your data is
protected, you agree that The Company is not responsible or liable if any
individual brakes into our servers and compromises You or your information.
C. If You attempt to gain unauthorized access to restricted areas,
password protected pages, other accounts, computer systems or networks in this
Web Site, or connected to this Web Site, will violate these Terms of Use and
you will be liable for all consequenses of such action thereafter.
D. You must not harvest or otherwise collect information about others
in this Web Site.
E. If your account is deleted or deactivated, You agree that The Company
is not responsible or liable for the loss of data, communication, information
and emails as a result of, or arising out of, such actions.
F. You must not post any personal information of third parties in this
Web Site.
G. Any communication You have with us The Company will be available
to all necessary employees in The Company.
H. You must not restrict or inhibit anyone from using or accessing this
Web Site.
I. Any communication, writen, verbal or electronic, You have with us that require
the intervention of police authorities and government officials, will be forwarded to the
pertinent institutions.
Severability
If for any reason any provision of these Terms of Use shall be held illegal,
invalid or unenforceable in whole or in part in a court of competent
jurisdiction, such provision shall be ineffective, in such court of competent
jurisdiction, without in any way invalidating the remaining provisions of
these Terms of Use, and all such remaining provisions thereof shall remain in
full force and effect. The unenforceability of any provision, by a court of
competent jurisdiction, in these Terms of Use, shall not make that provision
unenforceable in other jurisdictions. The provisions of these Terms of Use and
Conditions may be exercised and are applicable and binding only to the extent
that they do not violate any applicable laws and are intended to be limited to
the extent necessary so that they will not render these Terms of Use and Conditions
illegal, invalid or unenforceable.
Privacy Policy
The Company collects, stores and uses data collected from You in accordance
with The Company's Privacy Policy. Please review our Privacy Policy before
you use this Web Site. Your use of our Web Site indicates an agreement to our
Privacy Policy.
Trademarks
Logos appearing on the Web Site are all registered or unregistered trademarks
of The Company or its licensors. The Company respects the intellectual
property of others and may terminate the accounts of Users who infringe the
intellectual property rights of others. You acknowledge that no company's
trademarks, either registered or unregistered, may be used in connection with
any other product or service, in any manner that may insinuate connection or
partnership with us The Company, or in any manner that disparages or
discredits The Company. The names of companies and products not owned by The
Company and mentioned herein may be the trademarks of their respective owners.
Proprietary Rights
You acknowledge that The Company owns, licensed or controls all Contents in this Web
Site whether they are copyrights, trademarks, trade secrets, trade dress,
other intellectual property, other proprietary rights or in development,
and that these rights are valid and protected by United States and international
copyright laws in all forms, media and technologies existing now or hereinafter
developed.
You will not transmit, publish, reproduce or distribute sublicense or otherwise
transfer or make available to others, or edit, modify or create any derivative
work of all or any part of this Web Site or the Content. You will not use any
systematic retrieval process including without limitation, scrapers, robots,
or bots, to collect, create, or compile Content or other data from this Web Site.
Third Party Content
The Company has no responsibility for the content of any materials or
information uploaded, posted, distributed, or transmitted by Users of this Web
Site. However, The Company reserves the right, but not the obligation in its
sole discretion, to monitor, review, edit, delete or refuse to post any third
party Content that The Company deems to be objectionable or in violation of
these Terms of Use. The Company reserves the right to disclose any information
as necessary to satisfy any law, regulation or governmental request. Any
services, offers, opinions, product, statements, advice, or other information
that constitutes part of content expressed or made available by third parties,
including any other User, are those of the respective authors and not of The
Company or its affiliates.
Distribution/Uploading Of Content
By submitting your content to any area of this Web Site, without any
limitation, You automatically grant, or
warrant that the owner of such content has expressly granted The Company, the
royalty-free, perpetual, irrevocable, right and license to use, reproduce,
publish, translate, sublicense, copy, and distribute the content in whole or
in part worldwide/universe and/or to incorporate it in other works in any form, media,
or technology now known or hereafter developed for the full term of any
copyright that may exist in such content. You also permit any other User to
access such content on this Web Site.
Termination of Usage
The Company may suspend or terminate any User's access to all or any part of
the Web Site including any account thereon, without notice, for any reason in
The Company's sole discretion, including without limitation if such access would
violate any applicable law or would be harmful to the interests of The Company
or another Users.
Advertisers Contact with Users
Any connection or communication that You establish with Advertisers displayed
on this Web Site, including but not limited to, the payment for goods and
services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between You and the
Advertiser or other third party.
Attorney's Fees
You agree to pay all necessary attorney's fees and any cost of litigation that
arises from The Company or its affiliates having to take any action against
You to enforce these Terms of Use, that is in addition, to any other relief, at
law or in equity, to which The Company may be entitled to. All expenses of
such action will be recovered from You.
Age of Users
The Company intends this Web Site to be used by individuals of legal age over
18 years old. The Company does not monitor the age of its Users. Parents or
guardians of minors must prevent minors from using this Web Site.
Indemnification
You agree that The Company will have no liability in connection of Your use,
misuse or unauthorized use, of this Web Site, any services therein, and You
agree to indemnify and hold harmless The Company and its Licensors from any
and all resulting loss, damages, judgments, awards, costs, expenses, and
attorneys's fees in connection therewith. You will also indemnify and hold The
Company and its Licensors harmless from and against any claims brought by
third parties arising out of your use of the information accessed from the Web
Site.
Governing Laws
These Terms of Use shall be governed by and construed in accordance with the
laws of the state of New Jersey, USA, as they apply to agreements made and
solely performed therein. You irrevocably consent and waive all objections to
personal jurisdiction and venue in the state and federal courts located in
Essex County, New Jersey, USA, and you shall not commence or prosecute any
suit or action except in the foregoing courts.
International Use
The Company makes no guarantee of the appropriateness of material and
information on this Web Site for use in locations outside the United States of
America. Accessing this Web Site from territories where their contents are
illegal is prohibited. Those who choose to access this Web Site from other
locations do so at their own risk and are responsible for compliance with
local laws.
Bandwidth Traffic
You understands that by it's very nature, this service will generate
traffic to your web site, ftp site, email, server, device, domain or url
( here referred to as a "Target" ). We cannot be held responsible for the bandwidth
traffic generated by this service nor should we be held responsible if your
bandwidth traffic quota exceeds its limits. If your ISP or web hosting company
charges You for exceeding Your quota, You are responsible for those additional
charges, fees and penalties or any other consequence thereafter.
Email Notifications
You are responsible for the accuracy and appropriateness of each email address
You provide which will receive failure alerts. We do not check the accuracy
of emails and its validity. For each email address You enter to be alerted in
case of a Target failure, You must get the permission of its respective owner
before entering it to receive failure alerts.
Monitoring Alerts
The Company acknowledges the possibility that our system can misfunction and
fail to report an outage or even report an outage that does not exist when
checking your web site, ftp site, email, server, device, domain or
url ( here referred to as a "Target" ). You agree that The Company
cannot be held responsible if we fail to alert you of a failure in your Target.
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