NBWS Terms Of Use & IP / Copyright Notices
These terms and notices apply to NBWS customers.
DEFINITIONS
Domain name: A domain name is a website’s address on the Internet. Domain names identify which server a specific webpage belongs to. The domain name consists of a hierarchical sequence of names (labels) separated by periods (dots) and ending with an extension, for example, .com, .net, or .org,.
Domain name registrar: A domain name registrar provides domain name registrations to the general public. Domain names are owned by registries and leased by users (domain name registrants).
Domain name registrant: A domain name registrant is an individual or entity who registers a domain name. Upon registration of a domain name, a registrant enters into a contract with a registrar. The contract describes the terms under which the registrar agrees to register and maintain the requested name. After registration, registrants manage their domain name settings through their registrar.
AGREEMENT BETWEEN YOU AND NBWS.
The NBWS Service is comprised of various Web sites and Web pages operated by NBWS.COM or its affiliates (collectively, the “NBWS Web Sites”).
The NBWS Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the NBWS Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular NBWS Web Site included within the NBWS Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the “Additional Terms”).
For the terms and conditions that govern these additional NBWS web sites and/or services, please see below. Additionally, the NBWS Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular NBWS Web Site, then these terms shall control.
NO REFUNDS
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NBWS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NBWS SITES/SERVICES.
DOMAIN NAME REGISTRATIONS WITH THIRD PARTY REGISTRARS
YOU AGREE THAT MAINTAINING YOUR DOMAIN NAME REGISTRATION(S) WITH A THIRD PARTY REGISTRAR IS YOUR RESPONSIBILITY. NBWS does not monitor the status of domains that are registered with third party registrars. NBWS will not issue a refund if your website, email, or other services become inaccessible due to your expired domain name registration with a third party registrar.
FORCE MAJEURE
NBWS shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond NBWS’s control including, but not limited to, acts of God, war, terrorism, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at https://www.NBWS.com/terms-of-service for disclosures relating to the collection and use of your information.
ACCOUNT, PASSWORD, AND SECURITY
If a particular NBWS Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then may also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NBWS immediately of any unauthorized use of your account or any other breach of security. NBWS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NBWS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
NBWS reserves the right to change the terms, conditions, and notices under which the NBWS Service are offered, including but not limited to the charges associated with the use of the NBWS Service. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the NBWS Service constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
The NBWS Service may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of NBWS and NBWS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NBWS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is NBWS responsible if the Linked Site is not working appropriately. NBWS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NBWS of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the NBWS Service or participation in promotions, including the delivery of and 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. NBWS shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NBWS Service, you will not use the NBWS Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NBWS Service in any manner which could damage, disable, overburden, or impair any NBWS Site/Service(s) (or the network(s) connected to any NBWS Site/Service(s)) or interfere with any other party’s use and enjoyment of any NBWS Site/Service(s). You may not attempt to gain unauthorized access to any NBWS Site/Service, other accounts, computer systems or networks connected to any NBWS Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NBWS Service.
USE OF SERVICES
The NBWS Service may contain e-mail services, web pages and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
– Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
– Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
– Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
– Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
– Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
– Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
– Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
– Restrict or inhibit any other user from using and enjoying the Communication Services. – Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. – Harvest or otherwise collect information about others, including e-mail addresses.
– Violate any applicable laws or regulations.
– Create a false identity for the purpose of misleading others.
– Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an NBWS Site/Service(s) or other user or usage information or any portion thereof.
NBWS has no obligation to monitor the Communication Services. However, NBWS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NBWS reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
NBWS reserves the right at all times to disclose any information as NBWS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NBWS sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NBWS does not control or endorse the content, messages or information found in any Communication Service and, therefore, NBWS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NBWS spokespersons, and their views do not necessarily reflect those of NBWS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO NBWS OR POSTED AT ANY NBWS WEB SITE
NBWS does not claim ownership of the materials you provide to NBWS (including feedback and suggestions) or post, upload, input or submit to any NBWS Service or its associated services for review by the general public (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting NBWS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE NBWS SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the NBWS Service, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of NBWS and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, NBWS hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular NBWS Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA
export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NBWS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NBWS SITES/SERVICES AND TO THE INFORMATION THEREIN. NBWS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NBWS SITES/SERVICES AT ANY TIME.
YOU SPECIFICALLY AGREE THAT NBWS AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR REFUNDS IF YOUR WEBSITE, EMAIL, OR OTHER SERVICES BECOME INACCESSIBLE DUE TO YOUR EXPIRED DOMAIN NAME REGISTRATION WITH A THIRD PARTY REGISTRAR.
ADVICE RECEIVED VIA THE NBWS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. NBWS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE NBWS SITES/SERVICES FOR ANY PURPOSE INCLUDING COMPLIANCE WITH FEDERAL, STATE OR LOCAL STATUTES INCLUDING BUT NOT LIMITED TO FHA (FAIR HOUSING ACT OF 1990) AND ADA (AMERICANS WITH DISABILITIES ACT).
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NBWS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT NBWS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN NBWS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT NBWS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY AGREE THAT NBWS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN NBWS SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL NBWS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NBWS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE NBWS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NBWS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NBWS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NBWS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NBWS HAS STRIVED TO CREATE THE NBWS WEB SITES IN SUCH A MANNER AS TO MAKE THEM ACCESSIBLE TO PERSONS WITH COMMUNICATION DISORDERS; HOWEVER, SINCE THERE ARE CURRENTLY NO FORMAL FEDERAL OR STATE REGULATIONS DEFINING SPECIFICALLY WHAT A COMPLIANT WEBSITE IS OR LOOKS LIKE, OTHER THAN THAT IT SHOULD BE INDEPENDENTLY USABLE BY PERSONS WITH COMMUNICATION DISABILITIES, NBWS ASSUMES NO RESPONSIBILITY FOR ANY CLAIM, EITHER IN A COURT OF LAW OR BY WAY OF A DEMAND LETTER OR SIMILAR MEANS, REGARDING THE ACCESSIBILITY OF THE NBWS WEBSITES OR YOUR PUBLIC FACING WEBSITE USING THE NBWS PLATFORM. IF SUCH A CLAIM IS MADE AGAINST YOU OR NBWS RELATED TO YOUR PUBLIC FACING WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY NBWS FOR ALL PURPOSES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NBWS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NBWS SITES/SERVICES.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that NBWS may establish limits concerning use of any service offered on an NBWS Service, including without limitation, the maximum number of days that data or files will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on NBWS servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that NBWS has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the service. You acknowledge that NBWS reserves the right to delete accounts that are inactive for an extended period of time.
NBWS MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: support (at) NBWS (dot) net or 1-866.683.5251
ARBITRATION
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
TERMINATION/ACCESS RESTRICTION
NBWS reserves the right, in its sole discretion, to terminate your access to any or all NBWS Service and the related services or any portion thereof at any time, without notice. Upon termination of the NBWS Site/Service, your right to use the NBWS Site/Service immediately ceases. NBWS shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
NBWS will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. You agree to pay NBWS actual damages, to the extent such actual damages can be reasonably calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
GENERAL
This agreement is governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Monroe County, Florida, U.S.A. in all disputes arising out of or relating to the use of the NBWS Service. Use of the NBWS Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NBWS as a result of this agreement or use of the NBWS Service. You agree to indemnify and hold NBWS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the NBWS Service. NBWS reserves the right to disclose any personal information about you or your use of the NBWS Service, including its contents, without your prior permission if NBWS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of NBWS or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. NBWS performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NBWS right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NBWS Service or information provided to or gathered by NBWS with respect to such use. If any part of this agreement 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NBWS with respect to the NBWS Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NBWS with respect to the NBWS Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the NBWS Web Sites are: Copyright © NBWS and/or its suppliers, C/O MyQuali 4167 Suisun Valley Road , Fairfield, CA, U.S.A. All rights reserved.
TRADEMARKS.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
PICTURES
In addition to the warranty and representation set forth in the section, Materials Provided to NBWS or Posted at any NBWS Web Site, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Pictures”), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the NBWS Site/Services, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting to the general public permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any NBWS Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the NBWS Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture.
INTELLECTUAL PROPERTY NOTICES
All contents of the NBWS Web Sites are: Copyright © NBWS and/or its suppliers, C/O MyQuali 4167 Suisun Valley Road , Fairfield, CA, U.S.A. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people, and events depicted herein may be fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. NBWS may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the NBWS Service, including the Web pages that are part of the NBWS Service. Except as expressly provided in these Terms of Use, the provision of the NBWS Service and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
