NetBloc Terms of Use

Updated March 2003

 

AGREEMENT BETWEEN YOU AND NETBLOC SOLUTIONS INC.

 

1. ACCEPTANCE OF TERMS

NetBloc Solutions Inc. provides its websites, discussion groups/forums, products, and services (“Services”) to you subject to the following Terms of Use.

 

2. THIRD-PARTIES

Any inclusion of a link to another site does not imply responsibility for, or endorsement of, the content or use of that site. Any dealings with third parties (including advertisers) are solely between you and the third party. NetBloc Solutions Inc. shall not be responsible or liable for any part of any such dealings.

 

3. YOUR PRIVACY

NetBloc Solutions Inc. offers a variety of services. Services such as discussion groups/forums are public in nature and others can view any messages posted. Please contact us by e-mail at info@netbloc.com if you have any questions regarding this Terms of Use and the collection of your personal information.

 

4. MODIFICATION OF THESE TERMS OF USE

NetBloc Solutions Inc. reserves the right to modify this Terms of Use. You are responsible for regularly reviewing this document. Your continued use of the Services constitutes your agreement to all such terms, conditions, and notices.

 

5. NO RESALE OF SERVICES

Unless otherwise specified, you agree not to reproduce, duplicate, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

 

6. MODIFICATIONS OR DISCONTUINUATION OF SERVICE

NetBloc Solutions Inc. reserves the right at any time to temporarily or permanently modify or discontinue the Services (or any part thereof) with or without notice. NetBloc Solutions Inc., in its sole discretion, may also limit or terminate your account for any reason, including, without limitation, for lack of use or if NetBloc Solutions Inc. believes you have violated or acted inconsistently with the letter or spirit of the Terms of Service. You agree that NetBloc Solutions Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, with or without prior notice.

 

7. SITE CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the material originated. This means that you, and not NetBloc Solutions Inc., are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Services. NetBloc Solutions Inc. does not control all Content transferred via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NetBloc Solutions Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

 

You agree not to use the Services to upload, post, e-mail or otherwise transmit any Content that:

 

(a) is unlawful, obscene, invasive of another's privacy, hateful, or otherwise objectionable;

(b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

or (c) interferes with or disrupts the Services or servers or networks connected to the Services

 

NetBloc Solutions Inc shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. Please use caution when posting any personal information. NetBloc Solutions Inc. has no obligation to monitor the services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

You acknowledge and agree that NetBloc Solutions Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NetBloc Solutions Inc., its users and the public.

 

8. PROPRIETARY RIGHTS

You acknowledge and agree that the Services and any software used in conjunction with the Services contain proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Services or its advertisers are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. Except as expressly authorized by NetBloc Solutions Inc. or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Content, in whole or in part.

 

9. MATERIALS PROVIDED OR POSTED AT ANY NETBLOC SOLUTIONS INC. SITE

NetBloc Solutions Inc. does not claim ownership of the materials you provide to NetBloc Solutions Inc. including, without limitation, posts, uploads, e-mails, or other submissions. However, by providing materials to NetBloc Solutions Inc., you are granting NetBloc Solutions Inc., and its affiliated companies, businesses, and sub-licensees permission to use your materials in connection with the operation of their Internet businesses, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your material; to publish your name in connection with your material; and the right to sublicense such rights.

 

No compensation will be paid with respect to the use of your material, as provided herein. NetBloc Solutions Inc. is under no obligation to use any material you may provide and may remove such material at any time in its sole discretion.

 

10. INDEMNITY

You agree to indemnify and hold NetBloc Solutions Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material you provide, your use of the service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.

 

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NETBLOC SOLUTIONS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) NETBLOC SOLUTIONS INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETBLOC SOLUTIONS INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETBLOC SOLUTIONS INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETBLOC SOLUTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

 

14. FINANCIAL MATTERS

The service is provided for informational purposes only, and no material included in the service is intended for trading or investing purposes. NetBloc Solutions Inc. shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

 

15. SEARCH DISCLAIMER

Because the Internet changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, NetBloc Solutions Inc. explicitly disclaims any responsibility for the Content or availability of information contained in our search index or directory.

 

 

Copyright © 2003-2006 NetBloc Solutions Inc. All rights reserved. NetBloc®