These Terms of Use ("TOU") constitute a binding agreement between you and Nethelper.com with respect to your use of the website - www.Nethelper.com (the "Site") and the services provided thereof by Nethelper.com. By using the Site you agree to the TOU. The TOU may be edited by Nethelper.com from time to time, in any way, without notice, effective upon the posting of the modified TOU to [ http://www.Nethelper.com/termsofuse.php ]. Your continued use of the Site constitutes your acceptance to the new TOU.
Nethelper.com's PRIVACY POLICY
Nethelper.com is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, Nethelper.com urges its users to assume that all of their on-line communications are insecure. Nethelper.com cannot take any responsibility for the security of information transmitted over Nethelper.com's facilities. Additional details on privacy and Nethelper.com's use of your information can be found in Nethelper.com's Privacy Policy ("Privacy Policy") located here. Except as expressly set forth in the Privacy Policy, you should consider any communication that you transmit to Nethelper.com (such as, without limitation, data, questions or answers, comments, or suggestions) as non-confidential. The Privacy Policy is incorporated into the TOU by this reference.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. The Site and all Nethelper.com users are subject to the requirements of the DMCA. Any allegations of copyright infringement occurring on the Site must comply with the DMCA notification requirements detailed below. INTELLECTUAL PROPERTY OF Nethelper.com All material on the Site, including the Nethelper.com logo, design, graphic, other files and the arrangement thereof are copyright Nethelper.com, all rights reserved. Without Nethelper.com's prior written consent, you agree not to display or use in any manner the material on the Site. All Nethelper.com trademarks and service marks and other Nethelper.com products and service names are trademarks of Nethelper.com, (the "Nethelper.com Marks"). Without Nethelper.com's prior written consent, you agree not to display or use, in any manner the Nethelper.com Marks.
DMCA Copyright Infringement Notification Requirements:
- Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
- Identification of the copyrighted work(s) claimed to have been infringed
- Identification of the material claimed to infringe the copyright(s), and enough information for Nethelper.com to locate it including URLs and specific descriptions of the infringing material at each URL
- The Claimant's name, address, and telephone number(s)
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. Nethelper.com is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Nethelper.com will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
USE OF THE SITE
(a) Not to use spiders, robots or other
automated data mining techniques to catalog, download, store or
otherwise reproduce or distribute information available on the Site
without our prior consent;
Not to frame portions of the Site
within another website or establish links from any other website to
any page of the Site other than the home page;
(c) Not to disrupt
or interfere with the security of, or otherwise abuse, including,
without limitation, via means of overloading or crashing, the Site,
or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked
Web sites;
(d) Not to disrupt or interfere with any other user's
enjoyment of the Site or affiliated or linked Web sites; or
(e)
Not to attempt to obtain unauthorized access to the Site or portions
of the Site that are restricted from general access. In addition, you
agree that you will comply with all applicable local, state, national
and international laws and regulations that relate to your use of or
activities on the Site. You understand that while Nethelper.com may
monitor its service electronically to determine that its facilities
are operating satisfactorily, as a general practice, Nethelper.com
does not monitor its users' use or activities to determine whether
they are in compliance with the TOU. However, when Nethelper.com
becomes aware of any violation of the TOU or other user agreements,
Nethelper.com may take any action to stop or correct such violation,
including, but not limited to, denying access to Nethelper.com 's
services and equipment or to the Internet.
AFFILIATED SITES
Nethelper.com works with a number of third
parties whose websites may be linked with the Site. Because
Nethelper.com has no control over the content and performance of
these third party websites, Nethelper.com makes no guarantees about
the accuracy, integrity, content or quality of the information or
services provided by such websites, and Nethelper.com assumes no
responsibility for unintended, objectionable, inaccurate, misleading
or unlawful content that may reside on those websites. Under no
circumstances will Nethelper.com be liable in any way for any
information or services provided by any third party websites linked
from the Site. You acknowledge that such linked sites may contain
adult-oriented or offensive content. Nethelper.com is providing these
links to you only as a convenience, and the inclusion of any link
does not imply affiliation, endorsement or adoption by Nethelper.com
of the site or any information contained therein. When leaving the
Site, you should be aware that Nethelper.com TOU no longer govern,
and therefore you should review the applicable terms and policies,
including privacy and data-gathering practices, of that site. You may
create a hyperlink to the Site provided such link and the content
associated with the link do not portray Nethelper.com or any of its
products and services in a false, misleading, derogatory or otherwise
defamatory manner. You may not use a Nethelper.com logo or other
proprietary graphic or trademark of Nethelper.com to link to the Site
without the express written permission of Nethelper.com. This
permission may be revoked at any time. You acknowledge that
Nethelper.com does not verify, endorse, or vouch for the companies or
entities listed or advertised on the Site. Furthermore, the Site is
not responsible for the delivery or quality of any goods or services
sold or advertised by third parties through or on the Site.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the
Site, you agree to obey the law and to respect the intellectual
property rights of others. Your use of the Site is at all times
governed by and subject to laws regarding copyright ownership and use
of intellectual property. You agree not to upload, download, display,
perform, transmit, or otherwise distribute any information or content
(collectively, "Content") in violation of any third party's
copyrights, trademarks, or other intellectual property or proprietary
rights. You agree to abide by laws regarding copyright ownership and
use of intellectual property, and you shall be solely responsible for
any violations of any relevant laws and for any infringements of
third party rights caused by any Content you provide or transmit, or
that is provided or transmitted using your User ID. The burden of
proving that any Content does not violate any laws or third party
rights rests solely with you.
INAPPROPRIATE CONTENT
You agree not to upload, download,
display, perform, transmit, or otherwise distribute any Content that
(a) is libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or foreign
law or regulation; or (c) advertises or otherwise solicits funds or
is a solicitation for goods or services. Nethelper.com reserves the
right to terminate your receipt, transmission, or other distribution
of any such material using the Site, and, if applicable, to delete
any such material from its servers. Nethelper.com intends to
cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of the TOU or of any applicable laws.
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED
AND MADE AVAILABLE ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. Nethelper.com EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE ERROR-FREE,
SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY Nethelper.com, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A
WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Nethelper.com AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
TRANSACTION OR USE OF THE SERVICE.
YOU ASSUME THE RISK OF ANY AND
ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. YOU
EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE
SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT, DATA AND/OR SOFTWARE.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY,
WILL Nethelper.com (INCLUDING, WITHOUT LIMITATION, Nethelper.com'S
EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE)
OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
Nethelper.com'S SERVICES, BE LIABLE FOR ANY BUSINESS OR PERSONAL
LOSS, REVENUES DECREASE, EXPENSES INCREASE, OR ANY OTHER LOSS OR
DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN
CONNECTION WITH ANY USE OF, OR ANY INABILITY TO USE, THE SITE EVEN IF
Nethelper.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to protect, defend, hold harmless, and
indemnify Nethelper.com, any third party entity related to
Nethelper.com (including, without limitation, third party vendors),
and Nethelper.com's executives, directors, officers, attorneys,
managers, employees, consultants, contractors, agents, parent
companies, subsidiaries, and affiliates, from and against any and all
third party claims, liabilities, losses, costs, judgments, damages,
claims, or causes of actions, including, without limitation, any and
all legal fees and expenses, arising out of or resulting in any way
from your use of the Site, your violation of the TOU, or your
infringement, or infringement by any other user of your account, of
any intellectual property or other right of any person or entity.
GOVERNING LAW
The TOU will be governed by and construed in
accordance with the laws of the State of Illinois, USA without
reference to its conflicts of laws principles. Any litigation or
arbitration arising out of your use of the Site will take place in
Illinois, and you will consent to personal jurisdiction and venue in
that jurisdiction.
SEVERABILITY
If, for whatever reason, a court of competent
jurisdiction finds any term or condition in the TOU to be
unenforceable, all other terms and conditions will remain unaffected
and in full force and effect.
WAIVER
No waiver of any breach of any provision of the TOU
shall constitute a waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof, and no waiver
shall be effective unless made in writing and signed by an authorized
representative of the waiving party.
ENTIRE AGREEMENT
The TOU constitute the entire agreement
between you and Nethelper.com and governs and your use of the Site,
superseding any prior agreements between you and Nethelper.com with
respect to the Site. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
Nethelper.com services, third party content or third party software.
This TOU, and/or any other specific agreement for Nethelper.com
services is between Nethelper.com its users and will not confer any
rights in any third party except as otherwise expressly provided by
Nethelper.com.
ACKNOWLEDGEMENT
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ THE TOU AND AGREE TO BE BOUND BY THEM.
