Terms of Use

The following terms and conditions govern all use of the Nominus.com (the “Site”, “Website” or “Blog”) and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nominus.com’s Privacy Policy) and procedures that may be published from time to time on this Site by Nominus.com (“owner”,“we” or “us”) (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Nominus.com, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old. If you are under 13 years of age, you may not use the Website.

1. Responsibility of Website Visitors. Nominus.com has not reviewed, and cannot review, all of the material, including search results, computer software, comments and their content, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Nominus.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. Nominus.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

2. Content Posted on Other Websites. The Services may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and Nominus.com is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate. The Third Party Websites are not under the control of us and, as such, Nominus.com is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on Nominus.com does not imply an endorsement or recommendation by Nominus.com. Nominus.com is not responsible for any form of transmission received from any link, nor is Nominus.com responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

3. Intellectual Property. This Agreement does not transfer from Nominus.com to you any of us or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of us or third-party trademarks.

4. Changes. Nominus.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

5. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Nominus DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUSES, OR NON-INFRINGEMENT. Neither Nominus.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.  No advice or information, whether oral or written, obtained from Nominus.com or through the Services, will create any warranty not expressly made herein.

6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nominus.com, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TECHALR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. All content provided on this website is for informational purposes only. The owner of this website makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

7. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Nominus.com’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

8. Indemnification. You agree to indemnify and hold harmless Nominus.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your actual or alleged (a) use of and access to the Website and/or the services available thereon, (b) violation, breach or default of any term of the Agreement, or © violation of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or arising out of or related to or in connection with (d) any claim that content caused damage to a third party.

9. Usage Guidelines. You should agree not to indulge in any form of defamatory, fraudulent, threatening, harassing, abusive, pornographic messages to any of the services, content provided by Nominus.com. You should not post any material which violates copyrights or trademarks, injects viruses or trojans into the systems of Nominus.com users. You should try to disrupt, deny access or restrict use of Nominus.com products or services by interfering with security related features.

10. Miscellaneous. This Agreement constitutes the entire agreement between Nominus.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nominus.com, or by the posting by Nominus.com of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Nominus.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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