Terms of Service Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE.
By accessing or using Netceptions.net's and Eazyhosting.net web sites (the "Web Site"),
you expressly agree to be bound by the terms and conditions set forth herein.
If you are not willing to be bound by these terms and conditions, you may not
access or use the Web Site or any other product or service offered by Netceptions.net and Eazyhosting.net
through the Web Site (the "Services"). Netceptions.net and Eazyhosting.net may modify
this agreement at any time, and such modifications shall be effective immediately
upon posting of the modified agreement. You agree to review this agreement periodically
to be aware of such modifications and your continued access or use of the Web
Site and the Services shall be deemed your conclusive acceptance of the modified
agreement.
USE OF WEB SITE AND SERVICES
You agree to access and use the Web Site and the Services only for their intended
use(s) and for purposes that are lawful in every nation and jurisdiction in
the world and all subdivisions thereof.
You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download portions of the material from the different
areas of the Web Site solely for your own personal, non-commercial use. Any
redistribution, retransmission or publication of any material from the Web Site
is strictly prohibited.
You must provide, at your own cost, all electronic and other equipment and
services (including where necessary, telephone service and internet access service)
necessary to access the Web Site.
COPYRIGHT AND TRADEMARKS
The entire contents of the Web Site, including but not limited to text, photos,
video, graphics, music and sound, are copyrighted as a collective work under
copyright laws and similar laws of other jurisdictions. Netceptions.net holds
the copyright in the collective work, as well as in other content original to
Netceptions.net. The collective work includes works that are licensed to Netceptions.net
by third parties and may also be protected by copyright and other intellectual
property laws.
Netceptions.net , the Netceptions.net symbol and certain other trademarks,
tradenames and servicemarks used on the Web Site are trademarks or servicemarks
of Netceptions.net. All rights are reserved. Any other trademarks, servicemarks
and tradenames are trademarks, servicemarks or tradenames of their respective
owners.
USAGE RESTRICTIONS
You agree not to copy, redistribute, publish or otherwise exploit material
that you download from the Web Site without the express prior written consent
of Netceptions.net and/or the owner(s) of such material (from whom you are solely
responsible for obtaining permission). In the event of any permitted downloading,
copying, redistribution, publication or other exploitation of such material,
you agree that no changes in or deletion of author or attribution, trademark
legend or copyright of such notice shall be made. You further agree and acknowledge
that you shall not acquire any ownership rights by downloading material from
the Web Site.
You agree not to post on, upload, distribute or otherwise transmit through
the Web Site or the Services any material(s) that violates or infringes in any
way upon the rights of others, is threatening, abusive or harassing, is defamatory
or libelous, is invasive of privacy or publicity rights, is obscene, is lewd,
lascivious, excessively violent or otherwise objectionable, or which encourages
conduct that would violate any law or give rise to civil or criminal liability
under any law.
You agree that you shall not post on or transmit through the Web Site or the
Services any advertising or commercial solicitation of any kind whatsoever,
including, but not limited to, via e-mail, without Netceptions.net's express
prior written consent and, if then, solely in accordance with the terms and
conditions set forth by Netceptions.net in connection with said prior written
consent. You further agree not to use the Web Site or the Services, or any element
or portion thereof (including, but not limited to, e-mail addresses of users),
for any commercial purposes whatsoever.
You agree not to: (a) attempt to impersonate another user or any other third
party by selecting or using the name, address, credit card information, e-mail
address or avatar of (or belonging to) another user or other person, or otherwise;
(b) use a user name, address, credit card information, e-mail address or avatar
belonging to any other person, for any reason whatsoever, without the express
prior written consent of such person; (c) use a user name, e-mail address or
avatar in violation of the intellectual property rights of any person or entity;
(d) use a false "header" (the legend attached to e-mail messages to
show the messages point of origin, route and destination) or otherwise falsely
configuring e-mail; (e) use a user name, e-mail address, header or avatar that
Netceptions.net, in its sole discretion, deems inappropriate; or (f) disseminate
multiple unsolicited copies of e-mail through the Web Site or the Services.
SUBMISSIONS
You grant to Netceptions.net a non-exclusive, royalty-free, worldwide and perpetual
license, with the right to sublicense, reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information (including without limitation ideas contained therein for
new or improved products or services) you submit to public areas of the Web
Site (such as bulletin boards, forums and chat rooms) by all means and in any
media now known or hereafter developed. You agree that you shall have no recourse
against Netceptions.net for any alleged or actual infringement of misappropriation
of any proprietary right in your communications to us.
ADDITIONAL CHANGES
Netceptions.net and Eazyhosting.net have the right, at any time, to (a) add, change or discontinue
any aspect or feature of the Web Site or the Services, including, but not limited
to, content, availability and equipment needed for access or use; (b) impose,
change or modify its terms and conditions applicable to your use of the Web
Site or the Services, or any part thereof; and/or (c) to impose, change or modify
the terms and conditions of this agreement (the "Changes"). Such Changes
shall be effective immediately upon written notice by posting the Changes on
Netceptions.net's and Eazyhosting.net's websites or by any other method of notice Netceptions.net deems
appropriate. Any use of the Web Site or the Services by you after notice of
the Changes, except for use only to terminate your account(s), shall constitute
acceptance by you of such Changes.
DISCLAIMERS, LIMITATIONS & WAIVERS OF LIABILITY
THE WEB SITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE WEB SITE AND THE SERVICES IS AT
USER'S SOLE RISK. NETCEPTIONS.NET DOES NOT WARRANT THAT THE WEB SITE OR THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES NETCEPTIONS.NET MAKE ANY WARRANTY
AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR THE SERVICES.
NETCEPTIONS.NET MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, IN RELATION TO THE WEB SITE OR THE SERVICES. NETCEPTIONS.NET
SHALL NOT BE LIABLE FOR AND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES SHALL Netceptions.net BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, THE
WEB SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE
OR DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION
OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY
TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES, OR ANY DATA OR MATERIAL
FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY
IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IF YOU ARE DISSATISFIED
WITH THE WEB SITE OR THE SERVICES, YOU SOLE AND EXCLUSIVE REMEDY SHALL BE FOR
YOU TO DISCONTINUE USE OF THE WEB SITE OR THE SERVICES.
To the fullest extent permitted by law, the disclaimers of liability contained
herein apply to any and all damages or injury whatsoever caused by or related
to use of, or inability to use, the Web Site or the Services under any cause
of action whatsoever of any jurisdiction, including, without limitation, actions
for breach of warranty, breach of contract or tort and that neither Netceptions.net
nor its affiliates, employees, agents, attorneys, third-party content providers
or licensors shall be liable for any direct, indirect, incidental, special or
consequential damages in any way whatsoever arising out of the use of, or inability
to use, the Web Site or the Services. You further specifically acknowledge that
neither Netceptions.net nor its affiliates, employees, agents, attorneys, third-party
content providers or licensors are liable, and you agree not to seek to hold
Netceptions.net or its affiliates, employees, agents, attorneys, third-party
content providers or licensors liable for the conduct of third parties, including
other users of the Web Site or the Services and operators of external sites.
THIRD PARTY SITES & CONTESTS
The Web Site and the Services contain links to external locations (e.g., other
Web sites, etc.), including linked sites framed within the Web Site, and the
ability to access external portions of the Internet. You acknowledge that Netceptions.net
does not regularly review the content of such linked sites and agree that Netceptions.net
is not responsible for the availability of these external locations, the content,
including, but not limited to, solicitations thereon or products or services
made available thereby. Netceptions.net is providing these linked sites merely
as a convenience to you, and the inclusion of any link does not in any way imply
or express endorsement or sponsorship by Netceptions.net of the site and/or
any of the content provided therein. You acknowledge that some external locations
may contain materials or communications that are unedited, untrue, illegal in
some jurisdictions and may be offensive. You agree to access external locations
at your own risk and not to permit minors to have access to inappropriate material.
You agree that Netceptions.net shall not be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been caused
in any way whatsoever related to any such external location. Any concerns regarding
any external locations should be directed to its respective site administrator,
systems operator or Webmaster.
Any and all contests or other promotions either sponsored by Netceptions.net
or offered through the Web Site will be governed by this Agreement and ay other
terms and conditions provided in conjunction with the applicable contest or
promotional activity.
REVIEW
You agree that Netceptions.net shall have the right, but not the obligation,
to monitor the content of the Web Site and the Services and the use of Web Site
and the Services by you and other users (including, without limitation, by keystroke
capture) to determine compliance with this agreement and for any other purpose
deemed appropriate by Netceptions.net and further that Netceptions.net may use
the information gathered by such monitoring for any purpose deemed appropriate
by Netceptions.net to the extent permitted by law.
EDITING & BLOCKING
Netceptions.net does not and cannot review all communications and materials
posted or uploaded to the Web Site or the Services and is not responsible for
the content of these communications and materials. You acknowledge that Netceptions.net
is acting as a passive conduit for such postings and is not undertaking any
obligation or liability relating to any contents or activities on the Web Site.
You agree that Netceptions.net shall have the right, in its sole discretion,
but not the obligation, to edit, refuse to post or remove any material submitted
to or posted on the Web Site or the Services, for any reason whatsoever, including,
but not limited to, material Netceptions.net deems, in its sole discretion,
to be lewd, lascivious, filthy, excessively violent, harassing or otherwise
objectionable. Notwithstanding the foregoing, you shall remain solely responsible
for the content of material you upload, post or otherwise make available on
the Web Site or the Services. Furthermore, you acknowledge that the Web Site
or the Services may not be monitored and that you do not and shall not rely
upon Netceptions.net to monitor or edit the Web Site or the Services and that
the Services may contain content that you find offensive, and you hereby waive
any objections you may have with respect to viewing such content.
INDEMNIFICATION
You agree to indemnify, hold harmless and defend Netceptions.net, its affiliates
and their respective partners, shareholders, directors, officers, employees
and agents from an against any action, cause, claim, damage, debt, demand or
liability, including reasonable costs and attorney's fees, asserted by any person,
arising out of or relating to: (a) your violation of this Agreement; (b) your
use of the Web Site or the Service, including any data or work transmitted or
received by you; and (c) any unacceptable use of the Web Site or the Service,
including without limitation, any statement, data or content made, transmitted
or republished by you which is prohibited as unacceptable in accordance with
this Agreement.
MISCELLANEOUS
This Agreement constitutes the entire Agreement of the parties with respect
to the subject matter hereof and supersedes all previous written or oral agreements
between the parties hereto with respect to such subject matter.
This Agreement shall commence upon your accessing the Web Site. This Agreement
may be terminated by Netceptions.net without notice at any time for any reason.
This Agreement may be terminated by you without notice at any time for any reason,
provided that you no longer use the Web Site or the Services. The provisions
of this Agreement relating to Usage, Usage Restrictions, Disclaimers, Limitations
& Waivers of Liability, Indemnification and Miscellaneous shall survive
any termination of this Agreement.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be
given any legal import.
You hereby waive any and all defenses you may have based on the electronic
form this Agreement and the lack of signing by the parties hereto to execute
this Agreement.
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