The internet is a community of users.
Like all healthy communities, rules provide an environment
for life, liberty, and the pursuit of happiness. Consequently,
Neverlan has developed it's own rules which govern both how
Neverlan relates to you as a customer, and how you interact
with the larger internet. We have attempted to minimize the
legalese, and apologize for any inconvenience. But, they allow
us to provide you with the best service, support and performance.
Please read the following agreements prior to the initiation
of your service and review this site from time-to-time for
updates.
Terms
and Conditions:
Your agreement and acceptance of these
Terms and Conditions or use of Neverlan construes acceptance
of these Terms and Conditions and Acceptable Use Policy which
supersede all previous representations, understandings or
agreements and shall prevail notwithstanding any variance
with terms and conditions of any order. Neverlan reserves
the right to modify these Terms and Conditions and Acceptable
Use Policy and change pricing and/or services at any time
without notice.
No
Warranties:
With respect to the services provided,
unless outlined below, Neverlan makes no warranties of
any kind, whether expressed or implied, including any implied
warrantee or merchantability or fitness of this service for
a particular purpose. Neverlan takes no responsibility
for any damages suffered by Customer, including, but not limited
to, loss of data from delays, non deliveries, mis-deliveries,
or service interruptions caused by Neverlan's own negligence
or Customer's errors and/or omissions.
It is a customer's responsibility to maintain their web pages.
Neverlan is not responsible for loss of data in regards
to web pages. The owner of the web page must keep a valid
copy of all web space material. »TOP
LIMITED
30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY; LIMITATIONS
ON NEVERLAN'S OBLIGATIONS AND LIABILITIES
A. Neverlan offers a 30-day money-back
guarantee on its hosting service. If the Customer
is not completely satisfied with the product and cancels his/her
account within the first 30 days he/she is entitled to receive
a full refund of any amount paid to NetHere, less any set-up
or installation fees.
B. To
receive the refund the customer must notify Neverlan, via electronic
mail, at helpdesk@neverlan.net of their service cancellation.
This electronic mail must be received by Neverlan within 30
days of the account's creation. Neverlan will then confirm
that the customer used the account, and
if so, refund the amount to the customer.
C. After the initial 30-day period
services provided by Neverlan
to the Customer shall be deemed accepted for all purposes.
No claim related to such accepted services may be raised at
a later date.
D. Neverlan's liability to Customer
hereunder is limited to the amount paid to and received by
Neverlan. Neverlan will use its best efforts to maintain performance,
but NEVERLAN MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS
OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. NEVERLAN CANNOT GUARANTEE
CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY
OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER NEVERLAN
NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO
THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY
FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL,
SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY
TO USE SUCH SERVICES, whether or not resulting from fault
or negligence on Neverlan's part, even if Neverlan has been
advised as to the possibility of such damages. Some jurisdictions
may prohibit certain disclaimers, so the above disclaimers
may not apply. Customer's local jurisdiction's laws will apply
only to the extent they override this agreement.
E. Customer will take all necessary
measures to preclude Neverlan from being made a party to any
lawsuit or claim regarding Neverlan services provided to Customer.
Customer hereby agrees to indemnify and hold harmless Neverlan
from any and all such lawsuits or claims.
F. Refunds will only be applied to
customers that have adhered to all of the term and conditions
outlined in Neverlan's terms and conditions and acceptable
use policies outlined in the subscriber agreement.
G. Neverlan reserves the right to
modify, amend or cancel this guarantee at any time and may
deny refund for cause at its sole and absolute discretion.
»TOP
Limited 99% Network Availability Guarantee;
DISCLAIMERS OF WARRANTY;
LIMITATIONS ON NEVERLAN'S OBLIGATIONS AND LIABILITIES
A. Neverlan offers a 99% Network Availability Guarantee
on each of its dedicated Internet products. If the
Customer's service is interrupted or does not meet the performance
standards of the product description for greater than 1% of
the billing period, the Network Availability Guarantee is
applicable. Please note that any outages or deficiencies that
are the result of the customer's actions do not constitute
an outage in terms of this guarantee. As part of its network
management and monitoring, Neverlan will attempt to calculate
any credits on a real-time basis. Should the customer feel
that Neverlan has missed a credit, they can then apply by sending
an e-mail to helpdesk@neverlan.net. Neverlan must receive all
claims within 45 days of the close of the billing period in
question.
B. Should a credit be applicable, Neverlan determines
the sum of the outages (rounded up to the nearest whole hour)
related to server interruption. This figure is divided by
720 (Neverlan's total hours per billing cycle), to derive the
percent of the billing cycle that the service was impaired.
The percentage is then applied to the total monthly service
charge to calculate the account credit amount. The total credit
is then applied to the customer's account for the next billing
period.
C. Neverlan's liability to Customer hereunder is limited
to the amount paid to and received by Neverlan. Neverlan will
use its best efforts to maintain performance, but NEVERLAN
MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. NEVERLAN CANNOT GUARANTEE
CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY
OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER NEVERLAN
NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO
THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY
FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL,
SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY
TO USE SUCH SERVICES, whether or not resulting from fault
or negligence on NEVERLAN's part, even if Neverlan has been
advised as to the possibility of such damages. Some jurisdictions
may prohibit certain disclaimers, so the above disclaimers
may not apply. Customer's local jurisdiction's laws will apply
only to the extent they override this agreement.
D. Customer will take all necessary
measures to preclude Neverlan from being made a party to any
lawsuit or claim regarding Neverlan services provided to Customer.
Customer hereby agrees to indemnify and hold harmless Neverlan
from any and all such lawsuits or claims.
E. Refunds will only be applied to
customers that have adhered to all of the term and conditions
outlined in Neverlan's terms and conditions and acceptable
use policies outlined in the subscriber agreement.
F. Neverlan reserves the right to
modify, amend or cancel this guarantee at any time and may
deny refund for cause at its sole and absolute discretion.
»TOP
USE
OF SERVICE & RESTRICTIONS:
This
service may only be used in accordance with Neverlan's Acceptable
Use Policy. You may not resell any account or service provided
to you by Neverlan. »TOP
PRICING:
Neverlan reserves the right to change
its pricing at any time. If the customer is on a prepaid account,
the customer has the right to accept or deny the new rates.
Should the customer deny the new rates, Neverlan shall
provide the customer a prorated refund at current rates of
any unused service. »TOP
PAYMENT
POLICIES:
There is a $20.00 service charge for each
returned check. Delinquent
accounts will be placed on "hold" and may not be
used until the account is brought up to date. Once account
is placed on "hold" Neverlan cannot guarantee
a users mail file will be unaffected.
ANNUAL
WEB HOSTING:
Should you cancel your
web hosting account prior to the anniversary of your service
start date, your refund will be prorated at the standard
monthly rate. In addition, if you took advantage of a free
domain registration, the cost of the domain will be subtracted
from any refund you are entitled. If no refund is due, you
will be charged for the domain. »TOP
NON
RENEWALS:
Non renewed accounts
that are unpaid after 14 days will be deleted. Deleted/terminated
accounts may be reinstated upon payment of any outstanding
charges. There will be a $10 reactivation fee to reinstate
a terminated account. Interruption of accounts does not relieve
you from past due charges. After termination of account Neverlan does not guarantee reservation of previous login. Neverlan is not responsible for loss of data in regards to web
pages. »TOP
HAZARDS
OF THE INTERNET:
You understand
that the Internet provides access to adult and sexually explicit
material, which may not be suitable for minors and may be
offensive to some users. In some cases, computer viruses and
other unwanted effects may result from accessing the Internet.
Assume that communications on the Internet are not private.
Neverlan does not manage the activities of its users. You are
responsible to monitor and censor the activity on your account.
»TOP
INDEMNIFICATIONS:
Neverlan is not responsible for
any telephone charges incurred by dialing a number that is
not local to you.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO
LEGAL THEORY SHALL NEVERLAN OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF OR INABILITY TO USE NEVERLAN; OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE
WHETHER OR NOT CAUSED BY EVENTS BEYOND NEVERLAN'S REASONABLE
CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS
LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO
NEVERLAN RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT NEVERLAN
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY.
In no event shall Neverlan's total liability
for all damages, losses, and causes of action, whether in
contract, tort, including negligence, or otherwise, exceed
the aggregate dollar amount paid by subscriber to Neverlan under this Agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF NEVERLAN IS
AT YOUR SOLE RISK. SERVICE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY NEVERLAN, ITS AGENTS, OR ITS EMPLOYEES
SHALL CREATE A WARRANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CERTAIN
SUBSCRIBERS.
THE ABOVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
ARE MATERIAL PARTS OF THE BARGAIN BETWEEN THE PARTIES AND
ARE REFLECTED IN SERVICE PRICING.
Subscriber agrees, at Neverlan's request, to indemnify and
hold Neverlan harmless from any claims and expenses, including
reasonable attorneys' fees and expenses, related to Subscriber's
violation of this Agreement. »TOP
Acceptable
Use Policy
Important Note:
This information is updated often. Please make a habit of
reviewing it from time to time to stay abreast of acceptable
as well as inappropriate uses of your Neverlan account.
»TOP
INTRODUCTION:
When you open your Neverlan account,
you join two communities. First is the community formed by
our network and our customers; the second community is the
one made up of all networks and users connected to each other
to form the Internet. Becoming a member of these communities
gives you certain rights and privileges, but also imposes
certain duties and responsibilities. Neverlan has established
an Acceptable Use Policy in order to make these duties and
responsibilities more clear. This document is intended to
provide a general understanding of Neverlan's Acceptable Use
Policy. The following factors guide the establishment and
enforcement of Neverlan's usage policies:
- Ensure reliable service to our customers
Ensure security and privacy of our systems and network,
as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible
service provider
- Encourage responsible use of the
Internet and discourage activities which reduce the usability
and value of Internet services
- Preserve the value of Internet resources
as a conduit for free expression and exchange of information
- Preserve the privacy and security
of individual user.
While Neverlan
is firmly committed to the principles of free speech, certain
activities are damaging to the resources of both Neverlan and
the Internet and cannot be permitted under the guise of free
speech.
The resources of Neverlan and the Internet are limited,
and abuse of these resources by one user has a negative impact
on the entire community.
We may not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our
service.
If a Neverlan account is used
to violate the Acceptable Use Policy, we reserve the right
to terminate your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary corrective
action. However, flagrant violations of the Acceptable Use
Policy may result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall
not be construed as a waiver of our right to do so at any
time.
As a member of our network community, you must use your webspace responsibly. If you have any questions regarding this
policy, please contact us at helpdesk@neverlan.net. »TOP
GENERAL
INFORMATION:
Your Neverlan
account provides you access to a vast collection of networks
and services around the world such as electronic mail. Your use of these services
is subject to the following policy. Violations of this policy
may result in termination of your account with or without
notice. In general, you may NOT use your Neverlan account:
- In a
manner which violates any law, regulation, treaty or tariff;
- In a manner which violates the rules,
regulations and policies of any network, server, web site,
database or service provider that you access through your
Neverlan account;
- In a
manner which is defamatory, fraudulent, indecent, offensive
or deceptive;
- To threaten,
harass, abuse or intimidate others;
- To damage
the name or reputation of Neverlan, its parent, affiliates
and subsidiaries;
- To break
security on any computer network, or to access an account
which does not belong to you; or
- In a manner which interferes with
other customers' use and enjoyment of the services provided
by Neverlan. »TOP
Neverlan reserves sole discretion to
determine whether any use of the service is a violation of
this policy. Guidelines for using your account follows.
This
information is only a guideline, and is not intended to be
all-inclusive.
ELECTRONIC
MAIL:
You may not use your account to send unsolicited bulk or commercial
messages ("spam"). This includes, but is not limited
to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures,
and political or religious tracts. Such messages may only
be sent to those who have explicitly requested it.
You may not use your account to collect responses from unsolicited
bulk or commercial e-mail sent from accounts with other providers.
Forging, altering or removing electronic mail headers is prohibited.
You may not send numerous copies of the same or substantially
similar message, nor may you recieve very large messages or files
from a recipient, with the intent to disrupt a server or account
("mail bombing").
You may not forward or otherwise propagate chain letters,
whether or not such messages solicit money or other items
of value, and whether or not the recipient wishes to receive
such mailings.
Neverlan accounts may not be used to collect replies to messages
sent from another Internet service provider if those messages
violate this Acceptable Use Policy or the acceptable use policy
of the other service provider.
If you use the services of another provider to promote a web
site hosted by or through Neverlan, then the provisions of
this Acceptable Use Policy shall apply to the methods used
to promote such site. »TOP
PERSONAL
HOME PAGE:
Your account
with Neverlan may provide a personal home page space. Neverlan
may not routinely monitor the contents of your personal home
page.
You are solely responsible for any information contained on
your personal home page. However, if complaints are received
regarding language, content or graphics contained on your
personal home page, Neverlan may, at its sole discretion, remove
the personal home page hosted on Neverlan servers and terminate
your personal home page service.
You may not use your personal home page site to publish material
that Neverlan determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, "material"
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings,
and audio recordings.
Unlawful content is that which violates any law, statute,
treaty, regulation, or lawful order. This includes, but is
not limited to: obscene material; defamatory, fraudulent or
deceptive statements; threatening, intimidating or harassing
statements, or material which violates the privacy rights
or property rights of others (copyrights or trademarks, for
example).
Indecent content is that which depicts sexual or excretory
activities in a patently offensive matter as measured by contemporary
community standards.
Objectionable content is otherwise legal content with which
Neverlan concludes, in its sole discretion, it does not want
to be associated in order to protect its reputation and brand
image, or to protect its employees, shareholders and affiliates.
Examples of prohibited personal home page content:
- Materials which depict or describe
scantily-clad and lewdly depicted male and/or female forms
or body parts, and which lack serious literary, artistic,
political or scientific value.
- Materials which suggest or depict
obscene, indecent, vulgar, lewd or erotic behavior, and
which lack serious literary, artistic, political or scientific
value.
- Materials
which hold Neverlan including its affiliates, employees or
shareholders up to public scorn or ridicule.
Materials which encourage the commission
of a crime; or which tends to incite violence; or which tends
to degrade any person or group based on sex, nationality,
religion, color, age, marital status, sexual orientation,
disability or political affiliation. »TOP
EXTRA
E-MAIL BOXES:
Your account
with NetHere may provide extra E-mail box(es). All provisions
of the Acceptable Use Policy apply to your use of extra E-mail
boxes; in particular, please note the Electronic Mail
and Security section of this policy. Misuse of extra E-mail
boxes may result in the termination of your account.
As the primary account holder, you are responsible for all
account activity. If a Secondary mailbox or mailbox alias
is involved in a violation of the Acceptable Use Policy, your
account, including all Secondary mailboxes and mailbox aliases
may be terminated. A terminated account will result in lost
e-mail and services for all users of your account.
Therefore, it is important that you make sure everyone you
allow to use your account or a Secondary mailbox or mailbox
alias understands all terms of this Acceptable Use Policy
and the consequences of violations. »TOP
SECURITY:
You are responsible for any misuse
of your account, even if a friend, family member, guest or
employee committed the inappropriate activity. Therefore,
you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your
account to breach security of another account or attempt to
gain unauthorized access to another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Passwords must contain at least six characters, and should
contain at least one number or symbol, should contain both
uppercase and lowercase letters, and should not be based on
any word found in the dictionary or on any personal information
(name or birthdate, for example). Your password should not
be the same as your userid.
Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others
from using your account since you will be held responsible
for such use.
Attempting to obtain another user's account password is strictly
prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You may not attempt to circumvent user authentication or security
of any host, network or account ("cracking"). This
includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the
security of other networks. Use or distribution of tools designed
for compromising security is prohibited. Examples of these
tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
You may not attempt to interfere with service to any user,
host, or network ("denial of service attacks").
This includes, but is not limited to, "flooding"
of networks, deliberate attempts to overload a service, and
attempts to "crash" a host.
Users who violate systems or network security may incur criminal
or civil liability. Neverlan will cooperate fully with investigations
of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in
the investigation of suspected criminal violations. »TOP
NETWORK
PERFORMANCE:
Neverlan accounts
operate on shared resources. Excessive use or abuse of these
shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources
in a manner that impairs network performance is prohibited
by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources,
including CPU time, memory and disk space. You
may not use resource-intensive programs that negatively impact
other customers or the performance of Neverlan systems or networks.
Neverlan reserves the right to terminate or limit such activities.
You may not establish more than one connection to our network
from your account at any one time, unless otherwise authorized.
You may not provide network services from your account (for
example, you may not use your account to operate an ftp server).
Messages left on Neverlan's mail servers for more than forty-five
(45) days are subject to deletion. Mailboxes under
five megabytes in total size will be exempt from the 45-day
retention limit. Total mailbox storage is limited to ten megabytes
without regard to the age of messages in the mailbox. Once
the ten megabyte limit is exceeded, any incoming messages
will be returned to the sender until the subscriber reduces
mailbox size by removing mail from the server. »TOP
ILLEGAL
ACTIVITY:
Any activity on
our network that is a violation of any state or federal law
is a violation of this policy and will result in immediate
termination of service. Prohibited activities include, but
are not limited to:
- Transmitting obscene materials
- Intentionally spreading or threatening
to spread computer viruses
- Gaining or attempting to gain unauthorized
access to any network, including Neverlan's private network
infrastructure
- Accessing or attempting to access
information not intended for you
- Transmitting pirated software
- Conducting or participating in illegal
gambling
- Soliciting for pyramid and other
illegal schemes.»TOP
Legal Notices and Trademarks
Neverlan maintains this site (the
"Site") for your entertainment, information, education,
and communication. Please feel free to browse the content
of this site, including but not limited to the text and images
herein and their arrangement, are copyright © 2000 by
Neverlan. All Rights Reserved. »TOP
Terms
and Conditions
1. You should assume that all material
on the Site is protected by copyright unless otherwise noted
and may not be used except as permitted in these Terms and
Conditions or in the text on the Site.
2. Your use of the Site is at your risk.
Neverlan makes no warranties or representations as to
its accuracy and Neverlan specifically disclaims any liability
or responsibility for any errors or omissions in the content
on the Site. Neither Neverlan nor any other party involved
in creating, producing, or delivering the Site is liable for
any direct, incidental, consequential, indirect, or punitive
damages arising out of your access to, or use of, or inability
to use or access the Site. Without limiting the foregoing,
everything on the Site is provided to you "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not
apply to you. Check your local laws for any restrictions or
limitations regarding the exclusion of implied warranties.
3. Features and specifications of products
described or depicted on the Site are subject to change at
any time without notice. Non-metric weights and measures are
approximate.
4. Neverlan assumes no responsibility,
and shall not be liable for, any damages to, or viruses that
may infect, your computer equipment or other property on account
of your access to, use of, or browsing in the Site or your
downloading of any materials, data, text, images, video, or
audio from the Site.
5. If you send any enc. or materials to
the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like, all such enc.
are, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by Neverlan
or its affiliates for any purpose, including, but not limited
to, reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Site is free to use, without
any compensation to you, any ideas, concepts, know-how, or
techniques contained in any communication you send to the
Site for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products using
such information.
6. Materials displayed on the Site are either
the property of, or used with permission by, Neverlan.
The use of these materials by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these
Terms and Conditions or specific permission is provided elsewhere
on the Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and civil and criminal statues.
7. The Site refers to products and/or services
that are generally available for purchase in the 48 continental
United States and Alaska but may not be available in your
particular country or locality. The reference to any such
products or services in this Site does not imply or warrant
that these products or services will be available at any time
in your particular locality.
8. Neverlan is not responsible for the
content of any site linked to or from the Site. Your linking
to any other site is entirely at your own risk. While Neverlan may provide links on this Site to other sites; the inclusion
of such links is for your convenience only and should not
be interpreted as an endorsement of the owner/sponsor of the
site or the content of the site. Neverlan disclaims all
warranties, express and implied, as to the accuracy, validity,
legality or otherwise of any materials or information contained
on such sites.
9. Although Neverlan may from time to
time monitor or review discussions, chats, postings, transmissions,
bulletin boards and the like on the Site, Neverlan is
under no obligation to do so and assumes no responsibility
or liability arising from the contents of any such enc. nor
for any error, defamation, libel, obscenity, profanity, or
inaccuracy contained in any such communication. You are prohibited
from posting or transmitting any unlawful, threatening, defamatory,
libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability,
or otherwise violate any law. Neverlan will fully cooperate
with any law enforcement authorities or court order requesting
or directing Neverlan to disclose the identity of anyone
posting such materials.
10. Neverlan may at any time revise
these Terms and Conditions by updating this posting. Since
your are bound by these Terms and Conditions, you should therefore
periodically visit this page, by clicking the Legal and Trademark
hyperlink at the bottom of the Neverlan Web pages, to
review the then current Terms and Conditions.
11. These Terms and Conditions are
to be governed by and construed in accordance with the law
of California, United States of America, without reference
to its conflicts of law rules. Trademarks, the trademarks,
logos, and service marks (collectively the "Trademarks"),
listed below are trademarks of Neverlan and/or its affiliates.
Any other Trademarks used in the Site are trademarks of their
respective owners. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise,
any license or right of use any Trademark displayed on the
Site without the written permission of Neverlan or such
third party owner.
»TOP
PRIVACY
POLICY:
Neverlan respects the privacy of
every individual who visits our websites. This privacy statement
provides notice of the standards and terms under which Neverlan
protects the privacy of information supplied by visitors to
sites on the World Wide Web that are owned and operated by
Neverlan, including www.neverlan.net. This privacy statement
provides notice of our information collection practices and
of the ways in which your information may be used. This policy
may change from time to time, so please check back periodically
to review this information.
A.
Personally-Identifiable Information:
Neverlan typically receives specific
data about its website visitors only when such information
is provided voluntarily, such as when our visitors request
information, purchase or enroll for services, provide resume
information for employment opportunities, or send us e-mail.
Of course, some of these activities require that you give
us information, such as when you make a purchase, use a credit
card to pay for services, submit your resume, or request certain
types of information. When you provide personally-identifiable
information to Neverlan through one of our websites, it will
be used to fulfill your specific request. In most cases, you
will be given the opportunity to select whether you do, or
do not, want Neverlan to use this information for additional
purposes. You may also request that Neverlan not use your information
by sending an e-mail to helpdesk@neverlan.net, however, Neverlan
reserves the right, in its discretion, to send you bulletins
and other important information about your Neverlan services.
Neverlan will not sell or trade your personally-identifiable
information unless we are authorized or legally required to
do so, or in the case of imminent physical harm to the visitor
or others. On those Neverlan sites where you may provide Neverlan
with credit card or other ordering information via the web,
Neverlan protects and secures this information by employing
commercially customary web-based security and encryption protocols,
an example of which include Secure Socket Layer (SSL). On
those sites where you voluntarily offer any feedback, data,
answers, questions, comments, suggestions, ideas or the like,
Neverlan will treat that portion of the information as non-confidential
and non-proprietary and, except as otherwise expressed in
this privacy statement, Neverlan assumes no obligation to protect
such information from disclosure.
B.
Non Personally-Identifiable (Generic) Information:
In general, Neverlan gathers some generic
information automatically. Generic information does NOT reveal
the identity of the visitor. It usually includes information
about the Internet address assigned to your computer, the
number and frequency of visitors, and the Neverlan sites visited.
Neverlan gathers this information for the limited purpose of
determining customer service and website needs. We accomplish
this by using certain technologies, including "cookies"
(a technology that can be used to provide the visitor with
tailored information about Neverlan services). Neverlan does
not combine information collected in this way with any personally-identifiable
information. You can set your browser to notify you when you
receive a cookie and you can refuse it.
C.
Your NetHere-Hosted Website, Bulletin Boards, Chat Rooms and
Third-Party Sites:
Information that you disclose in a public
space, including on any bulletin board, chat room, or website
Neverlan may host for you as part of your Neverlan services,
is available to anyone else who visits that space. Neverlan
cannot safeguard any information you disclose in these locations.
Additionally, Neverlan websites contain links to sites that
belong to third parties unrelated to Neverlan. Neverlan cannot
protect any information you may disclose in these sites and
recommends that you review the privacy policy statements of
those sites you visit.
D.
Exceptions and Limitations:
Notwithstanding the foregoing and
in compliance with applicable laws, Neverlan (i) cooperates
fully with state, local, and federal officials in any investigation
relating to any content (including personal or private electronic
communications transmitted to Neverlan) or purported unlawful
activities of any user of the Service, and (ii) takes reasonable
measures to protect its proprietary rights. For the limited
purposes of accomplishing such cooperation and measures and
in compliance with applicable laws, Neverlan may be required
to disclose personally identifiable information. In addition,
Neverlan may elect to monitor the areas of communication of
any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate
to operate Neverlan; or (iii) to protect the rights or property
of Neverlan or others. In connection with the potential sale
or transfer of any of its interest in www.neverlan.net and
other sites owned by the company, Neverlan reserves the right
to sell or transfer your information (including, but not limited
to name, address information, and other information you provided
to Neverlan) to a third party that (i) concentrates its business
in communication products or services; (ii) agrees to be Neverlan's
successor in interest with regard to the maintenance and protection
of information collected and maintained by Neverlan; and (iii)
agrees to the obligations of this policy statement.
E. Notification of Changes:
If we decide to change our privacy
policy, we will post those changes on our site www.neverlan.net
so our users are can be aware of what information we collect,
how we use it, and under circumstances, if any, we disclose
it. If at any point we decide to use personally identifiable
information in a manner different from that stated at the
time it was llected, we would notify users by way of email.
Users will have a choice as to whether or not we use their
information in this different manner.
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