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The Terms
and Conditions contain a variety of provisions that are generally applicable
to the Products and Services and some provisions that apply to particular
Products and Services. You should understand that you will be bound by
the entire Terms and Conditions. |
| 1: ACCEPTANCE |
By using the Products and Services, you are agree, without
limitation or qualification, to be bound by, and to comply with, these Terms
and Conditions and any other posted guidelines or rules applicable to any
individual web site, Product or Service. All such guidelines and rules are
hereby incorporated by reference into the Terms and Conditions. |
| 2 : CONDITIONS AND RESTRICTIONS ON USE |
Use of the Products and Services is subject to compliance with these
Terms and Conditions. You acknowledge and agree that NQD Hosting may terminate
your access to the server or to any of the Products and Services should
you fail to comply with the Terms and Conditions or any other guidelines
and rules published by NQD Hosting. Any such termination shall be in NQD Hostings'
sole discretion and may occur without prior notice, or any notice. NQD Hosting
further reserves the right to terminate any user's access to the Network
or to any of the Products and Services for any conduct that NQD Hosting, in
its sole discretion, believes is or may be directly or indirectly harmful
to other users, to NQD Hosting or its subsidiaries, affiliates, or business
contractors, or to other third parties, or for any conduct that violates
any local, or foreign laws or regulations. NQD Hosting further reserves the
right to terminate any user's access to the Network or to any of the Products
and Services for any reason or for no reason at all, in NQD Hosting sole discretion,
without prior notice, or any notice. In order to use the Products
and Services, users must have access to the World Wide Web and must navigate
the Internet. Be aware that the majority of the NQD Hosting Network is for
general audiences, although there are certain areas on the NQD Hosting Network
that contain adult or mature content and different areas where content
is specifically created for children under 13 years of age. Where there
is mature or adult content, individuals who are less than 21 years of
age or are not permitted to access such content under the laws of any
applicable jurisdiction may not access such content. There are also other
(mainly commerce-related) areas of the NQD Hosting Network not open to persons
under 21years of age. All such areas on the Network are to be password
protected and deemed as 'adult' sites. With respect to general audience
content, if NQD Hosting learns that anyone under the age of 13 has accessed
the Products and Services, NQD Hosting will require verified parental consent.
NQD Hosting does not discriminate on the basis of age, gender, race, ethnicity,
nationality, religion, sexual orientation, or any other protected status.
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| 3. REGISTRATION AND PRIVACY |
Certain of the Products and Services will require the
user to register and provide certain data. In consideration of use of
such Products and Services, in registering and providing such data, you
represent and warrant that: (a) the information about yourself is true,
accurate, current, and complete (apart from optional items) as required
by various NQD Hosting Network registration forms ("Registration Data")
and (b) you will maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or NQD Hosting has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, NQD Hosting has the right to suspend or terminate
your account and refuse any and all current or future use of the Products
and Services.
All NQD Hosting Network registrations become the exclusive property of
NQD Hosting, its affiliates and subsidiaries. NQD Hosting reserves the right
to use and reuse all registration and other personally identifiable user
information subject to the NQD Hosting Network Privacy Policy. Users may
edit, update, alter or obscure their personally identifiable information
at any time by following the instructions located in the NQD Hosting Network
Privacy Policy and at individual NQD Hosting Network sites. |
| 4. RESPONSIBILITY FOR MINORS |
In cases where you have authorized a minor to use the Products
and Services, you recognize that you are fully responsible for: (i) the
online conduct of such minor; (ii) controlling the minor's access to and
use of the Products and Services; and (iii) the consequences of any misuse
by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE NQD Hosting NETWORK MAY
CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. |
| 5. PARENTAL CONTROLS AND CHILD SAFETY |
Certain material available on the Internet is not appropriate
for minors. To prevent or limit your children's access to such materials,
a number of parental control protections ( such as computer hardware, software,
or filtering services) are commercially available. |
| 6. MEMBER AND USER CONDUCT |
Upon registering, you will receive a password and NQD Hosting
Network ID. You are responsible for maintaining the confidentiality of
the password and ID, and are fully responsible for all activities that
occur under your password or ID. You agree to (a) immediately notify NQD Hosting
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end
of each session. The NQD Hosting Network cannot and will not be liable for
any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software,
music, sound, photographs, pictures, graphics, video, chat, messages,
files, or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not the NQD Hosting
Network, are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Services. The NQD Hosting Network does
not control the user or third party Content posted via the Products and
Services, and, as such, does not guarantee the accuracy, integrity or
quality of such user or third party Content. You acknowledge and Agree
that by using the Products and Services, you may be exposed to Content
that you may consider objectionable. Under no circumstances will the NQD Hosting
Network be liable in any way for any user or third party Content, including,
but not limited to, for any errors or omissions in any such Content, or
for any loss or damage of any kind incurred as a result of the use of
any such Content posted, emailed or otherwise transmitted via the Products
and Services. As a general matter, NQD Hosting does not pre-screen user
or third party Content posted on the NQD Hosting Network, except for certain
areas where NQD Hosting employs certain automated screening software, although
NQD Hosting reserves the right to do so. NQD Hosting does not guarantee that
any screening will be done to your satisfaction or that any screening
will be done at all. NQD Hosting reserves the right to monitor some, all,
or no areas of the Products and Services for adherence to these Terms
and Conditions or any other rules or guidelines posted by NQD Hosting.
The Products and Services may only be used for the intended purpose for
which such Products and Services are being made available. The intended
purpose of site building software on the NQD Hosting Network is to maintain,
publish and produce web sites on the NQD Hosting Network that are consistent
with these terms and conditions.
Prohibited Conduct
You agree that you will not use NQD Hosting Network Products and Services
to:
Upload, post, email, otherwise transmit, or post links to any Content,
or select any member or user name or email address, that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, pornographic, libelous, invasive of privacy or publicity rights,
hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content
that promotes illegal activity, including without limitation the provision
of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content
that exploits the images of children under 18 years of age, or that discloses
personally identifying information belonging to children under 21 years
of age.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual request
of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users
for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, a NQD Hosting
Network official, employee, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header,
footer, return path, or any part of any communication, including emails,
transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to any Content
that you do not have a right to transmit under any law or regulation or
under contractual or fiduciary relationships (such as inside information,
or proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links to any Content
that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content
that infringes any patent, trademark, service mark, trade secret, copyright
or other proprietary rights ("Rights") of any party, or contributing
to inducing or facilitating such infringement. This prohibition shall
include, without limitation, the following forms of software piracy:
Making available copyrighted software or other Content that has had the
copyright protection removed.
Making available serial numbers for software that can be used to illegally
validate or register software.
Making available tools that can be used for no purpose other than for
"cracking" software or other copyrighted Content.
Making available any software files for which the user does not own the
copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas that are designated
for such purpose.
Upload, post, email, otherwise transmit, or post links to any material
that contains software viruses, worms, trojan horses, time bombs, trap
doors or any other computer code, files or programs or repetitive requests
for information designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment or
to diminish the quality of, interfere with the performance of, or impair
the functionality of the Products and Services or the NQD Hosting Network.
Use automated means, including spiders, robots, crawlers, or the like
to download data from any NQD Hosting Network database.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to any Content
regarding any raffle, contest or game requiring a fee by participants.
Modify, publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, link, display or in any way exploit any
Content from any NQD Hosting database, including, without limitation, by
incorporating data from any NQD Hosting database into any e-mail or "white
pages" products or serviced, whether browser-based, based on proprietary
client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained from any
NQD Hosting database or make any other use of data from any NQD Hosting database
in a manner which could be expected to offend the person for whom the
data is relevant.
Create and maintain a NQD Hosting Network web page (including, but not limited
to) that (i) redirects to another web page or (ii) stores or hosts content
for remote loading by other web pages. For example, you cannot create
a NQD Hosting Club, post pictures to the NQD Hosting Club, and have other
web pages call the NQD Hosting Club page to retrieve those pictures.
Create and maintain a NQD Hosting Network web page that contains hyperlinks
to content not permitted on the NQD Hosting Network.
Disrupt the normal flow of dialogue in a chat room, cause a screen to
"scroll" faster than other users of the Products and Services
are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges.
Interfere with or disrupt the Products and Services or servers or networks
connected to the Products and Services, or disobey any requirements, procedures,
policies or regulations of networks connected to the Products and Services,
including without limitation NQD Hosting Network Chat hosts.
Intentionally or unintentionally violate any applicable local or international
law, including, but not limited to, any rules of any national or other
securities exchange.
Use the Products or Services to sell, purchase, or offer to sell or purchase
any registered or unregistered securities.
Upload, post, email, otherwise transmit, or post links to any material
that is false, misleading, or designed to manipulate any equity, security,
or other market.
Disobey any NQD Hosting Chat hosts or other NQD Hosting employee or representative
or interfere with any action by any NQD Hosting Chat host or other NQD Hosting
employee or representative to redress any violation of these Terms and
Conditions.
Access the Products and Services after your account or access has been
terminated by NQD Hosting.
Purchase any goods or services that you are prohibited from purchasing
or possessing by any law applicable to you in your jurisdiction. The responsibility
for ensuring compliance with all such laws shall be the user's alone.
By submitting an order to purchase goods or services, you represent and
warrant that you have the legal right to purchase such goods or services.
Use any software deployed in connection with the Products and Services
to process data as a service to other entities without the express written
consent of NQD Hosting or the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create
derivative works from, or sublicense any software deployed in connection
with the Products and Services.
Engage in manipulative bidding through Auctions, such as by making bids
solely for the purpose of instigating other bidders to withdraw bids and
then retracting your bid to bid at a lower price or by using multiple
accounts to drive up bidding on items you are offering for sale.
Advertise, offer for sale, or sell any item you are prohibited from advertising
or selling by any applicable local, state, national, or international
law, including regulations having the force of law.
Upload, post, email, otherwise transmit, or post links to any material,
or act in any manner, that is offensive to the NQD Hosting Network community
or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons.
Any food that is not packaged or does not comply with all laws governing
the sale of food to consumers by commercial merchants.
Any alcoholic beverages.
Any tobacco products for human consumption, including, without limitation,
cigarettes and cigars.
Any items that are indecent or obscene, that are hateful or racially,
sexually, ethnically or otherwise objectionable, that contain child pornography,
that are otherwise pornographic in nature, or are harmful to minors.
Any controlled substances or pharmaceuticals.
Any items that are counterfeit or stolen.
Any dangerous items.
Any goods or services that do not, in fact, exist.
Any registered or unregistered securities.
Any items that violate or infringe the rights of other parties.
Any items that you do not have the legal right to sell.
You acknowledge and agree that the NQD Hosting Network and its designees
shall have the right (but not the obligation), in their sole discretion,
to refuse to publish, remove, or block access to any Content that is available
via the Products and Services at any time, for any reason, or for no reason
at all, with or without notice. Without limitation NQD Hosting and its designees
shall have the right (but not the obligation), in their sole discretion,
to refuse to publish, remove, or block access to any Content that violates
the Terms and Conditions or is otherwise objectionable as determined by
NQD Hosting, in its sole discretion. NQD Hosting may also terminate access
to, or membership in, the NQD Hosting Network, or any portion thereof, for
violating these Terms and Conditions. You acknowledge and agree that you
must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on
any Content created by or obtained through the use of the NQD Hosting Network,
including without limitation information in Chat, Message Boards, Clubs,
and in all other parts of the NQD Hosting Network Products and Services.
You expressly acknowledge and agree that the NQD Hosting Network may preserve
Content and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms and
Conditions; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety
of NQD Hosting, its users and the public. You acknowledge and agree that
the technical processing and transmission of the Products and Services,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. You further acknowledge and agree that other data
collected and maintained by NQD Hosting with regard to its users may be
disclosed in accordance with NQD Hosting Privacy Policy.
NQD Hosting also may suspend or terminate any user account for any Product
or Service because of user inactivity. If one of your accounts is suspended
or terminated for inactivity, your right to use such Product or Service
immediately ceases. |
| 7. LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT |
By submitting a web page to NQD Hosting you grant NQD Hosting
a royalty-free, nonexclusive, worldwide, unrestricted license to use,
copy, transmit, publicly display, publicly perform, create compilations
including, and distribute such web page, and any associated Content, for
the limited purposes of publishing and promoting the user's web page in
connection with the particular service with which the user has chosen
to have the web page hosted and for publishing and promoting such web
page elsewhere within the NQD Hosting Network. Such license shall apply
with respect to any form, media, or technology now known or later developed.
The term of the license will extend only for the duration of the user's
membership with the particular NQD Hosting Network service. In the event
that such membership is terminated, NQD Hosting will relinquish all rights
to the user's Content as described above following the duration of any
applicable promotional activities ongoing at the time the membership is
terminated.
With respect to any other Content posted by or in connection with the
Products and Services, you grant NQD Hosting a world-wide, royalty free,
perpetual, license to use, copy, transmit, publicly display, publicly
perform, create compilations including, create derivative works of, and
distribute such Content to publish and promote such Content in connection
with the particular Products and Services and to publish and promote such
Content elsewhere within the NQD Hosting Network. Such license shall apply
with respect to any form, media, or technology now known or later developed.
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| 8. DISCLAIMER OF WARRANTIES |
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS,"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, NQD Hosting DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS
AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NQD Hosting DISCLAIMS
ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE
PRODUCTS AND SERVICES. NQD Hosting SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NQD Hosting DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY,
RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL
IN THE PRODUCTS AND SERVICES. NQD Hosting DISCLAIMS ANY RESPONSIBILITY FOR
THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIAL. NQD Hosting DISCLAIMS ANY RESPONSIBILITY OR LIABILITY
FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR
MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION,
FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
NQD Hosting MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY
OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY NQD Hosting.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties. |
| 9. LIMITATION OF LIABILITY |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
SHALL NQD Hosting OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN
IF NQD Hosting OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES,
FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH
DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS
AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES
OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED
IN ANY WAY TO, THE NQD Hosting NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY
LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP,
OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE
NQD Hosting NETWORK.
UNDER NO CIRCUMSTANCES SHALL NQD Hosting OR ITS LICENSORS BE HELD LIABLE
FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,
TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS
OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS
OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS
IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, the foregoing limitation may not apply to you. |
| 10. DISCLAIMER REGARDING THIRD PARTY CONTENT |
The NQD Hosting Network may offer access to numerous third
party web pages and content available over the Internet. In overwhelming
majority instances, including, but not limited to, sites displayed as search
results or contained within a directory of links, NQD Hosting has no control
whatsoever over the content of such sites. In other instances, including,
but not limited to, web pages hosted on the NQD Hosting Network or provided
to the NQD Hosting Network by third parties, NQD Hosting may set guidelines
for what may appear on such web pages and may engage in certain screening,
but generally exercises no control over the content of such web pages and
is unable to police all such content. Third party content accessible through
the NQD Hosting Network from such sources is developed by people over whom
the NQD Hosting Network exercises no control. The search results that appear
from the catalogs indexed by the NQD Hosting Network's spiders or web robots
are automated, and the NQD Hosting Network cannot and does not screen the
sites before including them in the catalogs from which such automated search
results are gathered. Similarly, web pages hosted by the NQD Hosting Network
are posted by third parties, and, with the exception of certain automated
screening functions, NQD Hosting cannot and does not screen such web pages
before they are made accessible to other users of the NQD Hosting Network.
Accordingly, neither the NQD Hosting Network nor its licensors assume any
responsibility for the content of any site included in any search results
or otherwise linked to the NQD Hosting Network web sites or in any web page
hosted for a third party within the NQD Hosting Network. In instances where
the NQD Hosting Network does review the sites that are displayed in directories,
indices, and/or references, or where the NQD Hosting Network makes available
directories, indices, and/or references of sites compiled by third parties,
the content located at such sites was developed third parties, and review
of such sites by NQD Hosting, if any, is narrowly limited to that which is
necessary for compiling the particular set of links. |
| 11. STORAGE |
Many features of the NQD Hosting Network store information
on behalf of users. Examples include, but are not limited to, email messages,
chat, web pages, message boards, calendar functions, and postings on Auctions.
NQD Hosting reserves the right, in its sole discretion, to limit the amount
of storage space available per user or to delete materials stored for an
excessive period while the user's account has been inactive. Specifically,
NQD Hosting reserves the right, in its sole discretion, to delete any materials. |
| 12. INDEMNITY AND RELEASE |
By using the NQD Hosting Network web sites you agree to
indemnify NQD Hosting, Inc. and its parents, subsidiaries, affiliates, officers,
employees, and licensors and hold them harmless from any and all claims
and expenses, including attorney's fees, arising from your use of the
NQD Hosting Network web sites, your use of the Products and Services, or
your submission of ideas and/or related materials to NQD Hosting or from
any person's use of any account or password you maintain with any portion
of the NQD Hosting Network, regardless of whether such use is authorized
by you. By using the NQD Hosting Network, using the Products and Services,
or submitting any ideas and/or related materials to NQD Hosting, you are
hereby agreeing to release NQD Hosting and its parents, subsidiaries, affiliates,
officers, employees, and licensors from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs, and expenses of
any kind or nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against them
arising out of or in any way related to such disputes and/or to the Products
and Services or to any disputes regarding use of ideas and/or related
materials submitted to NQD Hosting. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT
MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY
AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." |
| 13. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES |
The NQD Hosting Network reserves the right to modify the Products and Services
from time to time, for any reason, and without notice, including the right
to terminate the Products and Services. The NQD Hosting Network reserves the
right to modify these Terms and Conditions from time to time, without notice.
Please review these Terms and Conditions from time to time so you will be
apprised of any changes. |
| 14. MERGER |
These Terms and Conditions constitute the entire agreement between the
parties with respect to the subject matter contained herein and supersedes
any other agreement, proposals and communications, written or oral, between
NQD Hosting representations and you with respect to the subject matter hereof;
except that any other terms and conditions located on any individual NQD Hosting
Network web site or in connection with the Products and Services are incorporated
herein by reference to the extent they do not conflict with these Terms
and Conditions. To the extent that any other terms and conditions or terms
of service conflict with these Terms and Conditions, those other provisions
shall control with respect to the use of the particular web site and any
Products or Services available on or through the web site or the respective
Product or Service at which those other provisions may be found. |
| 15. NON-WAIVER AND SEPARABILITY |
NQD Hosting failure to exercise any right or provision of
these Terms and Conditions shall not constitute a waiver of such right or
provision. If a court of competent jurisdiction holds any provision of these
Terms and Conditions 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 agree that the other provisions of these Terms and
Conditions remain in full force and effect. |
| 16. RELATIONSHIP OF PARTIES |
You acknowledge and agree that you and NQD Hosting are independent contractors
under these Terms and Conditions, and nothing herein shall be construed
to create a partnership, joint venture, agency, or employment relationship.
Neither party pursuant to these Terms and Conditions has authority to enter
into agreements of any kind on behalf of the other and neither party shall
be considered the agent of the other. |
| 17. NO RESALE, ASSIGNMENT, OR SUBLICENSING |
You agree not to resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under these Terms and Conditions without prior
express written authorization of NQD Hosting. |
| 18. SUCCESSORS AND ASSIGNS |
Without in any way limiting the prohibition on your resale, assignment,
sublicensing, or other transfer of rights or obligations, these Terms and
Conditions shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, and assigns. |
| 19. TERMINATION; SURVIVAL |
These Terms and Conditions shall continue in effect for as long as you
use the Products and Services, unless specifically terminated earlier by
NQD Hosting. All provisions of these Terms and Conditions which impose obligations
continuing in their nature shall survive termination of these Terms and
Conditions. |
| 20. COMMUNICATIONS WITH USERS |
NQD Hosting reserves the right to communicate with you regarding your use
of the Products and Services. |
| 21. SUBMISSIONS OF IDEAS |
The NQD Hosting Network is always improving its Products and Services and
developing new features. If you have ideas regarding improvements or additions
to the NQD Hosting Network, we would like to hear them -- but any submission
will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL
ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO NQD Hosting BE SUBJECT
TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY
SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO NQD Hosting, YOU ARE WAIVING
ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS
AND ARE REPRESENTING AND WARRANTING TO NQD Hosting THAT THE IDEA AND/OR RELATED
MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS
IN THE IDEA AND/OR MATERIALS AND THAT NQD Hosting IS FREE TO IMPLEMENT THE
IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED
BY NQD Hosting, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
|
| 22. VIOLATIONS OF TERMS AND CONDITIONS |
Should you violate these Terms and Conditions or any other rights
of NQD Hosting and the NQD Hosting Network, NQD Hosting reserves the right to
pursue any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts on any and all
of the NQD Hosting Network web sites.
If you are aware of any violations of these Terms and Conditions, please
report them to:
Email Address: abuse@nqdhosting.co.uk
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