 |
|
|
|
|
 |
|
New.net™ provides this web site located at www.new.net
(this "Site") and related domain name registration services
(the "Service") subject to your compliance with the terms
and conditions set forth below (the "Terms"). Please read
these Terms carefully because it constitutes a legally binding
contract between you and New.net and governs your use of this
Site and the Service. In addition, New.net provides downloadable
software (including any updates, enhancements or upgrades
thereto) (the "Product") available at Software
Use. Should you choose to install and/or use New.net's
Product, such installation and use will be governed by the
Software Use Agreement accompanying the Product. In an effort
to comply with the Children's Online Privacy Protection Act,
New.net will not knowingly collect personally identifying
information from children under the age of 13.
- Address and Contact Information.
New.net is a Delaware corporation. New.net's business address
is: 2102 Rosecrans Avenue, #2000, El Segundo, CA. 90245. You may send email
to New.net at info@new.net.
- Services Provided by New.net.
New.net provides a domain name registration service that
enables users to register domain names with new domain
name extensions. New.net generally sells domain names
for the domain name extensions that it has released on
a first-come, first-served basis level. Although New.net
will attempt to accommodate your request for a particular
domain name, New.net does not guarantee that you will
receive the name you have requested or that you will have
the legal right to use any domain name you register. For
more information about registering domain names, review
New.net's Registration Agreement (the "Registration Agreement").
- Acceptance of Terms, Agreement.
Please read these Terms and our Standard Privacy Policy (http://www.new.net/policies_privacy.tp) carefully
before using the Site or the Service. These Terms represent
a legal agreement between you (either an individual or
a single entity), as an end user, and New.net. By using
the Site or the Service, you agree to be bound by all
of the terms and conditions stated in these Terms and
to comply with our Standard Privacy Policy. If you do not wish
to be bound by the conditions of these Terms, you may
not access or use the Site or the Service. New.net may
revise these Terms or the Standard Privacy Policy at any time without
notice and such modifications shall be deemed effective
immediately upon posting of the modified Terms or Standard Privacy Policy, as the case may be. You agree to review these
Terms and the Standard Privacy Policy periodically to be aware
of such modifications and your continued access or use
of the Site or the Service shall be deemed conclusive
acceptance by you of the modified Terms or Standard Privacy Policy,
as the case may be. If any changes or modifications to
these Terms or Standard Privacy Policy are unacceptable to you,
you should cease using the Site and/or the Service.
Back to top
- Use of the Site; Registration
Obligations.
- Certain of the services offered on the Site are
only accessible to registered members or users of
the Site. If you choose to register as a user, then,
in consideration of your use of the services available
to registered users, you agree to: (i) provide true,
accurate, current and complete information about yourself
as prompted by the Site's registration form (such
information being referred to herein as the "Registration
Data") and (ii) 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 if New.net has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, New.net has
the right to suspend or terminate your account and
refuse any and all current or future use of the Site
(or any portion thereof). By registering for the Site,
you represent and warrant that you are at least thirteen
(13) years of age and that you agree to comply with
the terms and conditions of these Terms and our Standard Privacy Policy.
- You will receive a password and account designation
upon completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password, account, and other confidential information
relating to your account, and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify New.net
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.
You are responsible for any unauthorized use of your
password or account or any other breach of security.
New.net cannot and will not be liable for any loss
or damage arising from your failure to comply with
this Section 5(b).
- If New.net terminates your use of the Site for any
reason, you may not access the Site in any manner
or for any reason without the express written permission
of New.net; nor will you allow any party whose use
of the Site has been terminated by New.net to use
your member name to access the Site.
Back to top
- Content.
- You understand that all content, including, without
limitation all data, links, articles, graphic or video
messages and all information, text, software, music,
sound, graphics or other materials ("Content") posted
to the Site or otherwise made available through the
Site, whether publicly posted or privately transmitted,
are the sole responsibility of the person from which
such Content originated. To the extent possible and
appropriate, information presented on the Site will
be supported by clear references to source data. The
content comes from sources believed to be accurate
but may contain inaccuracies. New.net will try to
identify the source, date and author where possible,
but makes no representation about the validity of
any information presented. New.net does not guarantee
the accuracy, integrity or quality of such Content.
You understand and agree that by using the Site you
may be exposed to Content that is offensive, indecent
or objectionable. You agree that you must evaluate
and bear all risks associated with the use of any
Content, including any reliance on the accuracy or
completeness of such Content. Under no circumstances
will New.net be liable in any way for any Content,
including, but not limited to, for any errors or omissions
in any Content, or for loss or damage of any kind
incurred as a result of the use of any Content posted
or transmitted via the Site.
- You acknowledge that New.net and its designees shall
have the right (but not the obligation) in their sole
discretion to refuse to store or transmit or to remove
any Content that is posted to, transmitted over or
otherwise avail able via the Site. Without limiting
the foregoing, New.net and its designees shall have
the right to remove any Content that violates these
Terms or is otherwise objectionable.
- You acknowledge and agree that New.net may preserve
Content and also may disclose content if required
to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary
to: (i) comply with legal process; (ii) enforce these
Terms; (iii) respond to claims that any Content violates
any third party rights; or (iv) protect the rights,
property, or personal safety of New.net, its users
and the public.
- Public Content that You Upload
or Transmit on New.net.
To the extent that you elect to and our Site allows you
to post any Content for inclusion in any area of the Site
that is generally accessible to the public, you grant
to New.net the royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in
whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later
developed.
- Use of Aggregate Data.
New.net may combine, in non-identifiable format, the personal
information an individual provides with information from
other users to create aggregate data that it may disclose
to third parties. Aggregate data does not contain any
information which could be used to contact or identify
any individual.
Back to top
- Transmission of Personal Information.
A user's personal information may be transmitted over
third party carriers and equipment outside the control
of New.net. There is always the risk of loss, misuse
or alteration by third parties or personal information.
New.net assumes no liability for or relating to the
entry, delay, failure, loss, interruption or corruption
of any data or other information which is transmitted
for any purpose.
- Standard Privacy Policy.
You agree that New.net shall have the right to use or
disclose any information collected from you or provided
by you incident to your use of this Site or your use of
the Service as set forth in the New.net Standard Privacy Policy (http://www.new.net/policies_privacy.tp).
- No Resale.
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of
the Site, use of the services or products available on
the Site or access to the Site.
- Modifications to Site; Termination.
New.net reserves the right at any time to modify or
discontinue, temporarily or permanently, the Site or
the Service (or any part thereof) with or without notice
except for modifications to the Dispute Policy, which
shall be effective thirty (30) days from posting on
this Site. You agree that New.net shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Site or the Service. New.net
may, in its sole discretion and at any time discontinue
providing the Site, or any part of the Site or the Service,
at any time without prior notice and without further
obligation to you.
- Third Parties.
You understand that New.net may permit third party product
and service providers ("Third Party Vendors") to advertise
or offer their products and services on this Site ("Third
Party Products") or have links to their own web sites
("Linked Sites") in order to facilitate the provision
of Third Party Products to you. However, you acknowledge
and agree that at no time is New.net making any representation
or warranty regarding any Third Party Products, nor will
New.net be liable to you or any third part y for any claims
arising from or in connection with such Third Party Products.
You also understand and agree that the Linked Sites are
not under the control of New.net and New.net is not responsible
for the contents of any Linked Site or any link contained
in a Linked Site, or any changes or updates to such Linked
Sites. New.net is not responsible for webcasting or any
other form of transmission received from any Linked Site.
New.net is providing these links to Linked Sites to you
only as a convenience, and the inclusion of any link does
not imply endorsement by New.net of the Linked Site.
- New.net Proprietary Rights.
You acknowledge and agree that the Site, including without
limitation, any content, services and software available
through or used in connection with the Site contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements
or information presented to you through the Site or advertisers
is protected by copyright, trademarks, service marks,
patents or other proprietary rights and laws. Except as
expressly authorized by New.net or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Site or any content,
services or software available through or used in connection
with the Site, in whole or in part.
Back to top
- Waiver of Claims.
By accessing or using this Site, you hereby and forever
waive any and all claims you have now or may have in the
future against New.net relating to any infringement of
the trademark rights, right of publicity or privacy, or
other intellectual property rights you may have in any
word or name registered as a domain name with New.net.
You hereby disclaim and waive any rights and claims you
may have against New.net with respect to Third Party Products
or Linked Sites, to the maximum extent permitted by law.
YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION
OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR
THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE.
YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW
TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR
OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF
SERVICE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM
OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE
FOREVER BARRED.
- Limitation of Liability.
You specifically agree that New.net shall not be liable
for losses or liabilities arising in connection with your
use of this Site or the Service, including, but not limited
to loss or liability: (i) arising in connection with your
use of the Site, the Service or other service or product
you purchase or obtain from New.net; (ii) resulting from
data non-delivery, data mis-delivery or unauthorized access
to transmissions or data; (iii) resulting from acts of
God; (iv) resulting from the unauthorized use or misuse
of your account number or password; (v) from threatening,
defamatory, obscene, offensive or illegal content or conduct
of any third party; (vi) arising in connection with your
infringement of a third party's right, including intellectual
property rights; (vii) resulting from errors, omissions
or misstatements in any and all information or services
provided by New.net to you; (viii ) resulting from the
development or interruption of your website; (ix) from
your inability to use a domain name registered to you;
( x) that you may incur in connection with New.net's processing
of your application for the Service; or (xi) resulting
from the application of New.net's Dispute Policy.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, NEW.NET SHALL NOT BE LIABLE TO YOU OR
YOUR BUSINESS FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR
IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING
IN ANY WAY TO THIS SITE, THE TERMS OF SERVICE OR THE SERVICE,
OR INFORMATION CONTAINED WITH IN THIS SITE, WHETHER FOR
BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM
OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT,
TORT OR OTHER VIOLATION OF RIGHTS (INCLUDING, BUT NOT
LIMITED TO NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND
IRRESPECTIVE OF WHETHER YOU HAVE ADVISED NEW.NET OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
- Indemnification.
You agree to release, indemnify, defend and hold harmless
New.net, its parent, shareholders, subsidiaries, affiliates,
officers, directors, employees, agents and advisors, from
and against any and all losses, liabilities, claims (including
claims without legal merit or brought in bad faith), demands,
damages, costs or expenses, causes of action, suits, proceedings,
judgments, awards, executions and liens, including reasonable
attorneys' fees and costs (whether brought by third parties
or otherwise) (collectively, "Claims") due to or arising
out of your use of or conduct on this Site or the Service.
Without limiting the generality of the foregoing, you
specifically agree to release, indemnify, defend and hold
harmless New.net, its parent, shareholders, subsidiaries,
affiliates, officers, directors, employees, agents and
advisors, from and against any Claims due to or arising
out of your indication of interest, registration or attempted
registration of any domain name in the New.net domain
name extension. New.net reserves the right, at its own
expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you
hereunder, and in such event, you shall have no further
obligation to provide indemnification for such matter.
- No Warranties.
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR
INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS"
AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM
INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR,
BUT WITHOUT LIMITATION, NEW.NET DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. NEW.NET DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN
TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME
TOTAL RESPONSIBILITY F OR YOUR USE OF THIS SITE AND
THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS
IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
Back to top
- Confidentiality.
- New.net Proprietary Information.
You acknowledge that the Product and any material
provided by New.net to you in connection therewith
and all information relating thereto, including but
not limited to the Product codes, algorithms, data
entry and report screens, an d any translations, compilations,
copies in whole or part and any derivative works based
thereon are confidential, proprietary and trade secrets
of New.net and its affiliates or are the proprietary
property of third parties for which New.net has obtained
distribution rights ("New.net Proprietary Information").
You agree to safeguard the New.net Proprietary Information
and to prevent the unauthorized, negligent or inadvertent
use or disclosure thereof. You shall not, without
the prior written approval of an officer of New.net,
directly or indirectly use or disclose the New.net
Proprietary Information to any person or business
entity whatsoever. You shall not in any manner copy
or reproduce any portion of the New.net Proprietary
Information. You shall promptly notify New.net, in
writing, of any use or disclosure of New.net Proprietary
Information in violation of this Agreement. You acknowledge
that the use or disclosure of the New.net Proprietary
information in any manner inconsistent with this Agreement
will cause New.net irreparable damage. New.net shall
have the right to (i) equitable and injunctive relief
to prevent such unauthorized, negligent or inadvertent
use or disclosure, and (ii) recover the amount of
all such damage (including attorneys' fees and expenses)
to such party in connection with such use or disclosure.
- Exceptions.
As used in this Agreement, the term "New.net Proprietary
Information" shall not include any information that
is: (a) already known to the receiving party at the
time of the disclosure for which the receiving party
can provide proof that said information was already
known; (b) publicly known (other than through the
testing of the Product) at the time of the disclosure
or that becomes publicly known through no wrongful
act or failure of the receiving party; or (c) legally
compelled to be disclosed pursuant to a subpoena,
summons, order or other judicial or governmental process,
provided receiving party provides prompt notice of
any such subpoena, order, etc. to the other party
hereto in order that such party have the opportunity
to obtain a protective order.
- Limited Distribution and Territorial
Considerations.
Unless otherwise specified, all materials and services
in this Site are presented solely for the use in the
United States, its territories, possessions and protectorates.
New.net controls and operates this Site from its offices
within the State of California, U.S.A., and all transactions
conducted on the Site are conducted in the State of
California. New.net makes no representation that materials
in this Site are appropriate or available for use in
other locations. Those users who choose to access this
Site from other locations do so on their own initiative
and are responsible for compliance with local laws,
if and to the extent local laws are applicable. European
Union users understand and consent to the processing
of personal information (if any) in the United States.
Use of or access to this Site should not be construed
as the purposeful availment of the benefits or privilege
of doing business in any state other than the State
of California by New.net.
- Notices.
Notices to you may be made via voice messages, email
or regular mail.
- Trademark Information.
You acknowledge and agree that New.net and other New.net
logos, products and service names are trademarks of New.net
("New.net Marks") and you agree that you will not display
or use the New.net Marks in any manner, without the express
written permission of New.net.
Back to top
- Copyrights.
If you believe that the Site contains material that
constitutes an infringement of your copyright in any
work, please provide the following information to our
site manager:
- a description of the copyrighted work that you
claim is infringed;
- a description of where the Site you claim that
the copyright is infringed;
- a statement that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent or the law;
- your address, telephone number and email address;
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest; and
- a statement by you, made under penalty of perjury,
that the above information is accurate and that you
are the copyright owner or are authorized to act on
behalf of the copyright owner.
The New.net site manager can be reached at webmaster@new.net.
- General Provisions.
- No Relationship Created.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and New.net
as a result of the Terms of Service or your use
of the Service.
- Compliance with Laws.
New.net's performance of the Terms of Service is subject
to existing laws and legal process, and nothing contained
in the Terms of Service is in derogation of New.net's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the
Service or information provided to or gathered by
New.net with respect to such use.
- Severability.
If any part of the Terms of Service is determined
to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that
most closely matches the intent of the original provision
and the remainder of the Terms of Service shall continue
in effect. If no enforceable provision can be substituted,
then that provision shall be deemed severable from
the Terms of Service and shall not affect the validity
and enforceability of any remaining provisions.
- Electronic Form.
A printed version of the Terms of Service and of any
notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon
or relating to the Terms of Service to the same extent
and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form.
- Governing Law; Jurisdiction.
The Terms of Service shall be governed by, construed
and enforced in accordance with the laws of the State
of California, without regard to its conflicts of
law principles. You shall bring any action to enforce
the Terms of Service or in connection with any matters
related to this Site only in either the state or Federal
courts located in Los Angeles County, California.
You expressly consent to the jurisdiction of said
courts. Use of the Service is unauthorized in any
jurisdiction that does not give effect to all provisions
of the Terms of Service, including without limitation
this paragraph.
Back to top
|
|
|
|
|
|
Web Site Terms of Use | Web Site Privacy Policy
