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Acceptance
of Terms of Use
The WebAlias Network ("Provider") hereby provides the use
of a WebAlias and other services (collectively, the "Service")
free of charge to registered users (each, a "User") under
these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. These
Terms of Use form an agreement between you and Provider.
Registration
Information
User agrees that Provider may disclose to third parties certain aggregate
information contained in Users' registration applications. Provider
will not disclose any individual User's name, address or email address
without such User's prior written consent, except to the extent necessary
or appropriate to comply with applicable laws or in legal proceedings
where such information is relevant. Provider reserves the right to
terminate any User's account if Provider learns or reasonably believes
that such User has provided Provider incorrect or misleading registration
information.
Modifications
of these Terms of Use
Provider reserves the right to change or amend these Terms of Use
at any time and without prior notice to User.
Modifications
of the Service
Provider may modify or discontinue the Service (or User's account)
with or without notice to any User, without liability to any User
or any third party.
User's
Responsibilities
Provider does not, and cannot, monitor, censor or edit the contents
of any websites accessed via Users' use of the Service. Users
alone are responsible for the contents of the websites accessed via
the Service, and the consequences of any such content. User agrees
not to use the Service in connection with any material that is unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature or that
encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local,
state, national or international law or regulation. User also
agrees that any URL associated with his/her account with the Service
shall not infringe upon any trademarked, copyrighted or other protected
intellectual property. User further agrees not to send unsolicited
email or inappropriate USENET postings containing any reference to
any URL associated with the Service or to any communication that directly
or indirectly references any URL associated with the Service. Provider
reserves the right to terminate or suspend any User's account without
any prior notice to such User for any reason, including, but not limited
to, if it becomes aware and determines, in its sole discretion, that
such User is violating any of the foregoing guidelines.
Account
and Password
User is responsible for maintaining the confidentiality of its account
information and password. User shall be responsible for all uses of
its account, whether or not authorized by User. User agrees to immediately
notify Provider of any unauthorized use of its account.
Disclaimer
of Warranties
USER EXPRESSLY AGREES THAT USE OF THE SERVICE
IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM THE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation
of Liability
PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PROVIDER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional
Messages
Provider and/or third parties may, from time to time, send email messages
to User containing advertisements, promotions, etc. Provider makes
no representation or warranty with respect to the content of any such
email messages or any goods or services which may be obtained from
such third parties, and User agrees that Provider shall have no liability
with respect thereto.
Indemnification
User agrees to indemnify and hold each Provider, their parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due
to or arising out of User's use of the Service, use of User's website
accessible via the Service, the violation of these Terms of Use by
User, or the infringement by User, or any other user of User's account,
of any intellectual property or other right of any person or entity.
Applicable
Law
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to its
conflict of laws provisions. User and Provider agree to submit to
the exclusive jurisdiction of the courts of the state of New York.
If any provision(s) of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.
The section titles in this Terms of Use are used solely for the convenience
of the parties and have no legal or contractual significance.
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