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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,
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
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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