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The following
are the terms and conditions for use of this NeoMessenger (the "Service").
Please read them carefully.
BY COMPLETING
THE REGISTRATION PROCESS , YOU ARE STATING THAT YOU AGREE TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE NeoMessenger Services.
1.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open
a NeoMessenger account, you must complete the registration process
by providing us with current, complete and accurate information
as prompted by the Registration Form. You then will choose a password
and an account 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.
2.
MEMBER PRIVACY
It is
NeoMessenger's policy to respect the privacy of its members. NeoMessenger
will not monitor, edit, or disclose any personal information about
you or your NeoMessenger account, including its contents, without
your prior permission unless NeoMessenger 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 NeoMessenger; (3) enforce the Terms of Services;
or (4) act to protect the interests of its members or others. NeoMessenger
does provide certain user information in aggregate form to third
parties, including its advertisers, for demographics.
You agree
that NeoMessenger may access your account, including its contents,
as stated above or to respond to service or technical issues.
3.
DISCLAIMER OF WARRANTIES
NeoMessenger
provides web site tracking service, including information and links
to content from third parties. NeoMessenger does not control in
any respect any information, products or services offered by these
third parties. The materials available through NeoMessenger and
any third party are provided "as is" and "as available"
and without warranties or conditions of any kind either express
or implied. To the fullest extent permitted by applicable law, NeoMessenger
expressly disclaims all warranties and conditions, express or implied,
including, but not limited to, implied warranties and conditions
of merchantability, merchantable quality, correspondence to description
and fitness for a particular purpose. NeoMessenger does not represent
or warrant that the Service materials will be uninterrupted or error-free,
that defects will be corrected, or that this site or the server
that makes it available, are free of viruses or other harmful components.
NeoMessenger does not warrant or represent that the use or the results
of the use of the materials available through the Service or from
third parties will be correct, accurate, timely, reliable or otherwise.
4.
LIMITATION OF LIABILITY
To the
fullest extent permitted by applicable law, under no circumstances,
including, but not limited to, negligence, shall NeoMessenger be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or the inability to use the
Service, any changes to the Service, 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
the Service. If you are dissatisfied with the Service, the materials
available on or through the Service, or with any of NeoMessenger's
terms and conditions, your sole and exclusive remedy is to discontinue
using NeoMessenger.
5.
INDEMNIFICATION
You agree
to indemnify and hold NeoMessenger, its parents, subsidiaries, Sign Ups,
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
6.
TERMINATION
NeoMessenger
may terminate the Service with or without cause at any time and
effective immediately. In addition, NeoMessenger, in its sole discretion,
may terminate your account for violation of the letter or spirit
of the Terms of Services.
If you
wish to terminate your account, your only recourse is to discontinue
use of the account. In addition, NeoMessenger may terminate your
account for inactivity, which is defined as failing to log into
the Service for an extended period of time, as determined by NeoMessenger.
7.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings
with Advertisers on the 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. NeoMessenger shall not be responsible
or liable for any part of any such dealings or promotions.
8.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
NeoMessenger
reserves the right to change the Terms of Services or policies regarding
the use of the Service at any time and to notify you by posting
an updated version of the Terms Of Service on the NeoMessenger site.
9.
LAWS
The Terms
of Services shall be governed by and construed in accordance with
the laws of the United Stats of America.
You and
NeoMessenger agree to submit to the exclusive jurisdiction of the
courts located in the city of Rosewell in the state of Georgia.
If any provision(s) of the Terms of Services 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.
NeoMessenger's
failure to exercise or enforce any right or provision of the Terms
of Services shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by NeoMessenger in writing.
You and
NeoMessenger agree that any cause of action arising out of or related
to this Service must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently
barred.
The section
titles in the Terms of Services are solely used for the convenience
of the parties and have no legal or contractual significance.
10.
ACCEPTANCE
NeoMessenger
does NOT accept any sites that contain (or link to) any material
that can be categorized as illegal, warez, racist or other objectionable
material as judged by NeoMessenger.
NeoMessenger
reserves the right to delete any account found objectionable.
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