Terms and Conditions
In force for www.netzoola.com and www.netzoolagames.com herein referred to ‘NETZOOLA!’
When using NETZOOLA!, you agree to the following terms and conditions (hereby referred to as ‘NETZOOLA! Terms’). In addition, when using certain NETZOOLA! services, you shall be subject to any posted guidelines applicable to such services, including any terms or conditions applicable to NETZOOLA! services provided in conjunction with any of NETZOOLA!’s third party content and service partners. All such rules and guidelines are hereby incorporated by reference into the NETZOOLA! Terms. If you do not agree to these NETZOOLA! Terms, please do not use the site and do not register to be a member of any NETZOOLA! services. Please check back often as the NETZOOLA! Terms may change from time to time. Your continued use of NETZOOLA! following the posting of changes to these terms (including NETZOOLA’s Forum Guidelines) will mean you accept those changes.
NETZOOLA! would likto be known as a portal to the Internet…your guide to the freshest and most interesting content on the world wide web. NETZOOLA! was launched to provide a means to easily and efficiently navigate all the Internet has to offer. The Internet can be a jungle, so we created NETZOOLA! It is hoped NETZOOLA! will enhance your Internet experience by delivering and directing you to the most interesting content the web has to offer. NETZOOLA! also wants to provide you with the easiest and fastest way to search for what you are looking for on the web. NETZOOLA! is a multi-purpose site which allows you to use or access a wealth of products and services, including e-mail, search services, chat rooms and bulletin boards, shopping services, news, financial information and broad range of other content, provided by NETZOOLA! and our third party content and service providers (hereby referred to as ‘NETZOOLA! Site’). These NETZOOLA! Terms apply to the NETZOOLA! Site as well as any new products or services that we may add in the future (unless stated otherwise). The NETZOOLA! Terms do not necessarily apply to any of our third party content and service providers. If you chose to view any third party content or use any third party service, please refer to their terms and conditions.
General Terms of Service and Restrictions on Use of Materials…
By using the NETZOOLA! Site, you agree to be legally bound and to abide by the NETZOOLA! Terms. If you do not comply with the NETZOOLA!Terms at any time, NETZOOLA! reserves the right to terminate your access the NETZOOLA! Site. NETZOOLA! may discontinue or alter any aspect of the NETZOOLA! Site, including, but not limited to, (a) restricting the time the NETZOOLA! Site is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user’s right to use the NETZOOLA! Site, at NETZOOLA!’s sole discretion and without prior notice or liability. You are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the NETZOOLA! Site. You further certify that you are an individual.
In order to permit NETZOOLA! to protect the quality of its products and services, you hereby consent to NETZOOLA! employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the NETZOOLA! Site contains information, software, photos, video, text, graphics, music, sounds or other material (hereby referred to as ‘NETZOOLA! Content’) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All NETZOOLA! Content is copyrighted as a collective work under the U.S. copyright laws, and all NETZOOLA! content, NETZOOLA! logos and netzoola.com is the exclusive property of NETZOOLA! Networks. All other trademarks appearing on the NETZOOLA! Site are trademarks of their respective owners. NETZOOLA’s third-party content and service partners may also have additional proprietary rights in the content which they make available through the NETZOOLA! Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the NETZOOLA! Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.
If you chose to register to use any of the content or services provided by the NETZOOLA! Site or by our third party content or service providers, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form (hereby referred to as ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or NETZOOLA! has reasonable grounds to suspect that such is the case, NETZOOLA! has the right to suspend or terminate your account and refuse any and all current or future use of the NETZOOLA! Site (or any portion thereof).
Community Standards and Conduct in NETZOOLA! forums, e-mail or chat services…
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, e-mail or otherwise transmit via the NETZOOLA! Site. NETZOOLA! does not control all of the Content posted via the NETZOOLA! Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the NETZOOLA! Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NETZOOLA! 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, emailed or otherwise transmitted via the NETZOOLA! Site.
You agree to not use the NETZOOLA! Site (including the NETZOOLA! forums, e-mail or chat services) to:
- upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a NETZOOLA! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the NETZOOLA! Site, NETZOOLA! forums, e-mail or chat services, are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the NETZOOLA! Site or servers or networks connected to the NETZOOLA! Site, or disobey any requirements, procedures, policies or regulations of networks connected to the NETZOOLA! Site;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another member or user of the NETZOOLA! Site; or
- collect or store personal data about other users, or members.
NETZOOLA! provides it’s users with access to bulletin board forums, e-mail service and chat services (hereby referred to as ‘NETZOOLA! Interactive’). NETZOOLA! Interactive also encompasses any future virtual community services that may be offered by the NETZOOLA! Site in the future. NETZOOLA! Interactive shall be used only in a noncommercial manner. You shall not, without NETZOOLA!’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
All NETZOOLA! Interactive communications, including chat and bulletin board communications are public and not private communications. Although NETZOOLA! reserves the right to remove without notice any NETZOOLA! Interactive posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any NETZOOLA! Interactive service or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Your privilege to use NETZOOLA! Interactive and contribute to discussions on NETZOOLA! Interactive depends on your compliance with the member conduct guidelines set forth above. NETZOOLA! may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, NETZOOLA!, in its sole discretion, may terminate your membership or participation in any community, chat room or other NETZOOLA! Interactive service for any reason.
When using any NETZOOLA! Interactive service, you agree to abide by the member conduct guidelines set forth above.
NETZOOLA! does not permit users under the age of 13 to use any service of the NETZOOLA! site or any service of NETZOOLA! Interactive.
NETZOOLA! reserves the right to monitor some, all, or no areas of NETZOOLA! Interactive for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, NETZOOLA! is acting as a passive conduit for such distribution and NETZOOLA! is not undertaking any obligation or liability relating to any content or activities in any NETZOOLA! Interactive service or NETZOOLA! Interactive service area.
By posting or submitting content to this site, you grant NETZOOLA! and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by NETZOOLA! will not infringe or violate the rights of any third party.
If you send us creative suggestions, ideas, notes, drawings, or other information (hereby referred to as ‘Submissions’), the Submissions shall be deemed, and shall remain, the property of NETZOOLA!. None of the Submissions shall be subject to any obligation of confidence on the part of NETZOOLA!, and NETZOOLA! shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, NETZOOLA! shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
The NETZOOLA! Site may provide, or our third party content and service providers may provide links to other World Wide Web sites or resources. Because NETZOOLA! has no control over such sites and resources, you acknowledge and agree that NETZOOLA! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NETZOOLA! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
NETZOOLA! uses diligent efforts to maintain the NETZOOLA! Site, but NETZOOLA! is not responsible for any defects or failures associated with the NETZOOLA! Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, NETZOOLA! makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the NETZOOLA! Site, including as to: (a) the accuracy, currency, content, or quality of any such sites and information, or (b) whether any search using the NETZOOLA! Site may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE NETZOOLA! SITE IS PROVIDED ‘AS IS’ AND YOU USE IT AT YOUR SOLE RISK. NETZOOLA! 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.
WITHOUT LIMITATION, NETZOOLA! MAKES NO WARRANTY THAT THE NETZOOLA! SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE NETZOOLA! SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE NETZOOLA! SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETZOOLA! SITE SERVICE IS DONE AT YOUR SOLE RISK AND 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.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM NETZOOLA! PERSONNEL OR THROUGH THE NETZOOLA! SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Financial Information…
The NETZOOLA! Site allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The NETZOOLA! Site, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by NETZOOLA! to be used for trading or investing purposes. NETZOOLA! shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the NETZOOLA! Site, and shall not be liable for any trading or investment decisions made based on such information.
Disclaimer Regarding Shopping Retailers…
The NETZOOLA! Site provides shopping services to help you locate and potentially purchase products from online and offline retailers. NETZOOLA! does not, however, control these independent retailers and NETZOOLA! does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by NETZOOLA!, you acknowledge and agree that: NETZOOLA! does not endorse any of the products or services (“Merchandise”) linked to from or through the NETZOOLA! Site, nor has NETZOOLA! taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through NETZOOLA! or their own web sites. NETZOOLA! expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability…
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETZOOLA! 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 NETZOOLA! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE NETZOOLA! SITE; (b) 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 NETZOOLA! SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NETZOOLA! SITE; OR (e) ANY OTHER MATTER RELATING TO THE NETZOOLA! SITE. IN NO EVENT SHALL NETZOOLA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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 MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NETZOOLA!, NETZOOLA! NETWORKS, NETZOOLA.COM, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY NETZOOLA! OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification…
You agree that NETZOOLA!, in its sole discretion, may terminate your password, account (or any part thereof) or use of the NETZOOLA! Site, and remove and discard any Content within the NETZOOLA! Site, for any reason, including, without limitation, for lack of use or if NETZOOLA! believes that you have violated or acted inconsistently with the letter or spirit of the NETZOOLA! Terms. NETZOOLA! may also in its sole discretion and at any time discontinue providing the NETZOOLA! Site, or any part thereof, with or without notice. You agree that any termination of your access to the NETZOOLA! Site under any provision of this NETZOOLA Terms may be effected without prior notice, and acknowledge and agree that NETZOOLA! may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the NETZOOLA! Site. Further, you agree that NETZOOLA! shall not be liable to you or any third-party for any termination of your access to the NETZOOLA! Site.
Other Miscellaneous Terms…
This is the entire agreement between you and NETZOOLA! relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The NETZOOLA! Terms will insure to the benefit of NETZOOLA!’s successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES…
NETZOOLA! respects the intellectual property of others, and we ask our users to do the same. NETZOOLA! may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
We here at NETZOOLA! want your Internet experience to be a positive one and by abiding by the NETZOOLA! Terms, that is ensured for everyone using the NETZOOLA! Site. If you have any questions, comments or suggestions, please contact us at email@example.com.