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Terms and Conditions for Registration with .NU Domain Services.NU Domain Ltd ("NDL")
These Terms and Conditions of Use govern the use of the .NU Domain Ltd Site and all its Services (www.nunames.nu, Multi-Lingual Web Addresses™, Whats.NU, any mail services, and any other services offered by NDL), hereafter referred to as the "Service." The term "NDL" shall be used to refer to .NU Domain Ltd, Inc., and all parent corporations, subsidiary corporations, assignees and affiliates. The Service provides registered Customers (each a "Customer") with access to content and services ("Services"). NDL may, at its discretion, add, delete, or modify the Terms and Conditions of Use of the Service without notice. By registering as a Customer, you agree to use the Service in a manner consistent with all applicable local, state, national and federal laws and regulations and in accordance with the Terms and Conditions of Use discussed below. Basic NDL services and/or content are available for fee payable to NDL, exclusive of other Internet or other telecommunications fees. NDL reserves the right to delete or cancel any page, link, email or URL redirect or any other Service component at any time for any reason or for no reason at all. Specifically, NDL may terminate any Customer’s Service (and any and all related information, communications, postings, redirects, links or Web pages) at any time, without notice, for conduct that violates local, state, national or federal laws or regulations, these Terms and Conditions of Use or other policies or guidelines set out by NDL elsewhere on the Site, or for material that NDL in its sole discretion believes is harmful to other Customers, the business of NDL, or other third-party information providers. Individuals, organizations or other entities who have had their Service terminated may not continue to utilize Customer privileges in any manner or for any reason without the express written permission of NDL. 2 . Fees and PaymentsServices provided by NDL to the Customer are available only through the payment of a fee or fees to be determined by NDL in its sole discretion. The components of the Services may be modified at the discretion of NDL without notice. Customers are responsible for all charges that result from the use of NDL Services, including any unauthorized charges resulting from their use. Customers agree to forfeit fees paid if their Services are terminated for a violation of these Terms and Conditions of Use or for any other reason. All fees are payable in advance using online credit card. NDL at its sole discretion may determine which types of credit card are acceptable for payment. If the Customer pays the required fees with a credit card and the issuer of the credit card fails to pay the amounts authorized by the Customer, the Customer shall immediately remit full payment to NDL. In addition, if a Customer pays any fees to NDL using a credit card and the issuer of the credit card seeks to recover from NDL any amounts received by NDL from the issuer ("chargebacks" or "returns" are not permitted under our terms), the Customer shall immediately remit to NDL all amounts necessary to comply with the issuer's request plus any costs and expenses incurred by NDL. If such payment is not made in a timely manner, NDL may place on hold or cancel all services the Customer is receiving from NDL NDL does not permit refunds for any services it provides. If a Customer does not pay to renew its services at the end of its term, the Customer's services will be terminated and any email, Web site material, Redirect information or any other related material will be deleted from NDL’s system without recourse by the Customer. Except as expressly stated herein, InstantWeb Customers are subject to all of the Terms and Conditions of Use applicable to all other Customers. The term "Customer" shall be used in these Terms and Conditions of Use to refer both to InstantWeb Customers, Parking Customers and all other Customers of NDL’s Web hosting, Email, Domain Name Service, Chat, Web Site Development services, URL and Email Redirection and any other services provided now or in the future by NDL except basic registration services for .NU Domain Names on the Internet. 3. Terms of Servicea) NDL’s Services are available to anyone who registers and accurately provides all the required and verifiable information, pays the required fees in advance, provides a legitimate electronic mail address and obtains a unique NDL password. Use of the Service is non-transferable. NDL does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation. b) NDL does not permit the use of vulgar or offensive language for your Free Email Address or Web URL Domain Name. If you select a personal name for any public use, you may not use the name of any person other than yourself, the name of any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other proprietary right held by another. NDL may, at its discretion and without notice, delete or revoke any Customer’s Service associated with usage of this nature. 4. Customer Web Pages
5. Public CommunicationNDL offers its Customers the ability to communicate on-line through the use of e-mail, and may offer chat rooms, conferencing and other services. It is the intention of NDL to allow open and diverse communication through the use of these systems. Though conduct in these areas is governed by the guidelines set forth in Section VI of this document and the separate Terms and Conditions of Use of each of those services, NDL does not guarantee that these guidelines will be followed and, therefore, expressly disclaims any and all liability arising from or relating to any failure to follow such guidelines. 6. NDL Customer Web and Related Web Page and Customer Conduct GuidelinesThe following is a non-exclusive list of actions and content that are prohibited on the any Web pages or Related Web Pages provided to Customers using the NDL Services. NDL may cancel any Customers associated with such actions or content or may remove any associated Customer’s Related Web Page with or without prior notice, in its sole discretion.
b.) Material concerning any software, information or other material that contains a virus, corrupted data or any other harmful or damaging component.
d) Material that is, in NDL's view, grossly offensive to the Community, including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence. e) Pages that promote illegal activity and any promotion of or provision of instructions for illegal activity. f) Material that defames, abuses, or threatens others or is libelous. g) Material that is invasive of privacy or publicity rights, including posting another person's private information. h) Material that 1. depicts sexual content or nudity, and;
3. lacks serious literary, artistic, political, educational, or scientific value. i) Use of a Customer Web Page or Related Web page as storage for remote loading, or as a door or signpost to another home page. j) Creation of a Customer Web Page that contains hyperlinks to content not permitted on NDL. k) Transmission of unsolicited advertising, promotional materials, or other forms of solicitation via email or news groups that lists a Customer Web Page or that uses NDL’s Free Email or Email Redirection Services. l) Misrepresentation of your identity or impersonation of any person including, but not limited to, employees of NDL. m) Use of NDL Services for the purpose of gathering personal identifying information from individuals for undisclosed commercial or for unlawful purposes. n) If such service exists, acting in a manner that disrupts the flow of normal conversation in a public chat room including, but not limited to, the harassment of other Customers, the excessive use of vulgarity, or the use of hate speech. o) Conduct that is deemed by NDL, in its sole and absolute discretion, harmful to NDL, any third party content provider, or other individuals. p) Materials regarding or links to any lottery, casino, raffle, contest or game requiring payment of a fee or bet by participants. q) Any use of a Customer Web Page, Related Web Page or Email Service in connection with "spamming" or the sending of unsolicited messages. r.) Any fraudulent or deceptive use whatsoever. All judgments concerning the application of these guidelines are made at the sole and absolute discretion of NDL. 7. Reporting a Violation of these Terms and Conditions of UseIf you witness a violation of these guidelines, please notify us at abuse@mail.nic.nu. Complaints may be investigated by NDL but NDL is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of NDL. It is the policy of NDL to respond expeditiously to claims of intellectual property infringement. NDL will attempt to process and investigate notices of alleged infringement and will consider taking appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. NDL may terminate Services for Customers who are repeat infringers. Notices of claimed infringement should be directed to: copyright@mail.nic.nu. Please put "Notice of Copyright Infringement" in the subject line of all such notifications.If NDL considers action to remove or disable access to any material claimed to be infringing, NDL may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although NDL makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. 8. PrivacySee our Privacy Policy. 10 . Limitations of Liability and Warrantya) THE CUSTOMER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT THE CUSTOMER'S OWN RISK. THE SITE IS PROVIDED FOR FEE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NDL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NDL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER NDL NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE OR SERVICE. b) UNDER NO CIRCUMSTANCES SHALL NDL BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE OR SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF NDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR NDL. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. c) NDL MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE CUSTOMER PAGES, THE SITE, THE SERVICE OR ANY ASSOCIATED FACILITIES. NDL IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF CUSTOMER EMAIL, REDIRECTION INFORMATION OR ANY WEB PAGES. NDL'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE CUSTOMER'S MOST RECENT FEE PAYMENT. d) The Customer specifically agrees that NDL is not liable for any conduct by Customers associated with the Site or Service, including, but not limited to, Customer Web Pages, Related Web Pages, advertising or promotional content, email content, chat rooms, or conferencing. e) NDL makes no guarantee of the accuracy, correctness, or completeness of any information on the Site and is not responsible for: 1. any errors or omissions arising from the use of such information; 2. any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or 3. losses or damages arising from the use of the content or services provided by the Site. f) NDL is not responsible for the delivery of any goods or services sold or advertised through its sponsors, advertisers or its Customers' commercial home pages or affiliate program pages. 10. Indemnity and ReleaseEach Customer agrees to indemnify NDL and any third-party content provider against any and all claims and expenses, including attorneys' fees, arising from the Customer's use of the Site and Service. This includes, without limitation: 1. Customer's responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or servicemarks and 2. Customer's responsibility for any and all liability arising from any libelous or unlawful material contained within Customer Web Pages, Related Web Pages, Email, links, or postings. By using the Site and Service and any other sites or services provided by NDL you are hereby agreeing to release NDL and its affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to NDL’s products or services. You hereby agree to waive all laws that may limit the efficacy of such releases. 11 . Choice of LawThis Agreement shall be constructed and controlled by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the Commonwealth of Massachusetts. Each Customer agrees to personal jurisdiction by the state and federal courts of the Commonwealth of Massachusetts. 12 . Entire AgreementThese Terms and Conditions of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between NDL representatives and each Customer with respect to the subject matter hereof. NDL may amend these Terms and Conditions of Use at any time without notice. ©.NU Domain Ltd .NU Domain® is a trademark of .NU Domain Ltd |
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