TERMS OF SERVICEPLEASE READ MEMBER AGREEMENT BEFORE USING THIS SERVICE. BY CONTINUING TO USE NAHARNET.COM, YOU AGREE TO ABIDE BY THE CONDITIONS OF THIS AGREEMENT
1. GENERAL RULES
1.1 By using the Naharnet service (hereinafter "the Service"), you agree to be bound by all of the terms and conditions of this Agreement and the rules that might be posted from time to time on the Service, in order to become or remain an authorized Member of the Service.
1.2 The Service reserves the right, at its discretion, to change, modify, add or remove portions of this Member Agreement at any time. Notification of changes in service will be posted on the Service, or sent via e-mail. By continuing to use this Service after the posting of Notices regarding such changes, you agree to be bound by such changes.
1.3 The Service may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. It may also impose limits on certain features and services or restrict Member access to parts or all of the Service without notice or liability.
1.4 You are entirely liable for all activities conducted through your membership account with us (hereinafter "Account"). Listed below are some, though not all, violations that may result in terminating your Account. You agree not to do any of the following:
1.4.1 Post via the Service any data, text, pictures, files, links, software, or other materials ("Content") that can be construed to be libelous, unlawful, harmful to, threatening, harassing, hateful, vulgar, obscene, pornographic, abusive, embarrassing, racially, ethnically or otherwise objectionable, to anyone or any business or entity;
1.4.2 Impersonate in the Service any person, including but not limited to, public figures and celebrities;
1.4.3 Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
1.4.4 Intentionally or unintentionally violate any applicable local, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner.
2.1 The contents of the Service are intended for the personal, noncommercial use of its Members. All materials published on the Service (including, but not limited to news articles, photographs, images, graphics, illustrations, audio and video clips, hereinafter called "The Content") are protected by copyright as a collective work and/or compilation, pursuant to international conventions and other copyright laws. The Member may not reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute over any network (including a local area network), perform, display, enter into a database, or in any way exploit, any of the Content, software, materials, or Service in whole or in part, except with the express approval of the Service. You must abide by all additional copyright notices or restrictions contained in this Service.
2.2 Member may download or copy the Content and other downloadable items displayed on this Service for personal use only, provided that the Member maintains all copyright and other notices contained in such Content. The Member shall not store any significant portion of any Content owned by, or licensed to the Service, in any form. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from the Service, or the copyright holder identified in the individual Content's copyright notice.
2.3 Member must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Although we intend to take reasonable steps to prevent the introduction of viruses, or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. Member is solely responsible for any damages to his computer system or loss of data that results from the download of such Content.
3. MESSAGES POSTED BY MEMBER ON NAHARNET
3.1 You agree that you will not post any content on the Service that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By posting such content on the Service, you automatically grant -- or warrant that the owner of such content has expressly granted -- the royalty-free, perpetual, irrevocable, non-exclusive 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 for the full term of any Rights that may exist in such content. The Service maintains the right to edit or remove any such content.
3.2 The Service does not and cannot prescreen or monitor all the content posted by the Members, but shall have the right, but not the responsibility, to remove content which is deemed in its sole discretion to be harmful, offensive, or otherwise in violation of this Agreement or any rules that have been in place at the time, or for any reason whatsoever. The Service may elect, at its sole discretion, to monitor some, all, or no areas of the Service for adherence to this Agreement's rules.
4. LIMITATION OF LIABILITY
4.1 The Service is presented on an "as is" basis, and accordingly it expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non infringement.
4.2 The Service makes no warranty that it will meet your requirements, or that it will be uninterrupted, timely, secure, or error free; nor does it make any warranty as to the results that may be obtained from the use of, accuracy or reliability of any information obtained through the Service. No advice or information whether oral or written, obtained by you from the Service shall create any warranty expressly made herein. The Member acknowledges that any reliance upon such opinion, advice, statement, or information shall be at the Member's sole risk.
4.3 The Member hereby indemnifies, defends and holds the Service, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by the Member or any user of Member Account of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. The Member shall cooperate as fully as reasonably required in the defense of any claim. The Service reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member.
4.4 The Indemnified Parties are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against the Service shall be limited to the amount paid by Member, if any, for use of this Service.
4.5 The Service, to the full extent permissible under the applicable law, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the viewing, creation, use or inability to use the Service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of profits, use, data, or other intangible properties, even if has been advised of the possibility of such damages.
5. MEMBER ACCOUNT
5.1 Member, when registering with the Service, shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the Member's Account.
5.2 Member shall notify Naharnet team, through the Contact Us (at the bottom of every page), immediately upon discovery, of any known or suspected unauthorized use(s) of Member's Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password or credit card information.
Member shall be responsible for maintaining the confidentiality of Member's password. Member will never be required to reveal Member's password to any representative or agent of the Service, its owners or agents.
5.3 Each Member is responsible for all usage or activity on his Account, including use of the Account by any third party authorized by Member to do so. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Member's Account, at the service's sole discretion.
5.4 The Service reserves the right to send electronic mail to any and all Members, for the purpose of informing them of changes or additions to the Service, or of any related products and services.
5.5 The Service reserves the right to disclose information about member usage and demographics in forms that do not reveal Member's personal identities.
6. FEES AND PAYMENTS
The service reserves the right at any time to charge fees for access to portions of it or the Service as a whole. If at any time the Service requires a fee for portions of the Service that are now free, it will give Members advance notice of such fees and the opportunity to cancel the Account before such charges are imposed in an appropriate location on the Service. Member shall pay all fees and charges incurred through Member's Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service. All fees and charges shall be billed to and paid for by Member. Member shall pay all applicable taxes relating to use of the Service through Member's Account. Member's right to use the Service is subject to any limits established by the Service in its sole discretion.
7.1 Both you and the Service may terminate your Account at any time and for any reason. Once your Account is terminated, you cannot access the Service in any manner or for any reason, and you will be responsible for any charges incurred up to the time the Account is deactivated.
7.2 Naharnet reserves the right to deactivate your membership if you fail to sign in for a continuous period of four months.
7.3 You cannot assist in enabling a terminated Member access to the Service using or via your Account.
7.4 Termination of your account will also result in termination of all other Naharnet registered services.