Terms of Use
1.
Acceptance of terms of use and amendments
Each time you use or cause access to www.ncspeed.net, you agree to be bound
by these Terms of use, as amended from time to time with or without notice to
you. In addition, if you are using a particular service on www.ncspeed.net or
accessed via www.ncspeed.net, you will be subject to any rules or guidelines
applicable to those services, and they will be incorporated by reference
within these Terms of use. Please read the site's Privacy policy, which is
incorporated within these Terms of use by reference.
2.
The site editor's service
www.ncspeed.net and the services provided to you on and via www.ncspeed.net
are provided on an "AS IS" basis. You agree that the site editor
reserves the right to modify or discontinue provision of www.ncspeed.net and
its services, and to remove the data you provide, either temporarily or
permanently, at any time, without notice and without any liability towards
you, The site editor will not be held responsible or liable for timeliness,
removal of information, failure to store information, inaccuracy of
information, or improper delivery of information.
3.
Your responsibilities and registration obligations
In order to use www.ncspeed.net or certain parts of it, you may be required
to register for a user account on www.ncspeed.net; in this case, you agree to
provide truthful information when requested, and -- if a minimum age is
required for eligibility for a user account -- you undertake that you are at
least the required age. By registering for a user account, you explicitly
agree to this site's Terms of use, including any amendments made by the site
editor that are published herein.
4.
Privacy policy
Registration data and other personally identifiable information that the site
may collect is subject to the terms of the site editor's Privacy policy.
5.
Registration and password
You are responsible for maintaining the confidentiality of your password, and
you will be responsible for all usage of your user account and/or user name,
whether authorized or not authorized by you. You agree to immediately notify
the site editor of any unauthorized use of your user account, user name or
password.
6.
Your conduct
You agree that all information or
data of any kind, whether text, software, code, music or sound, photographs
or graphics, video or other materials ("content"), made available
publicly or privately, will be under the sole responsibility of the person
providing the said content, or of the person whose user account is used. You
agree that www.ncspeed.net may expose you to content that may be
objectionable or offensive. The site editor will not be responsible to you in
any way for content displayed on www.ncspeed.net, nor for any error or
omission.
By
using www.ncspeed.net or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may
be construed as: unlawful; illegal; threatening; harmful; abusive; harassing;
stalking; tortious; defamatory; libelous; vulgar; obscene; offensive;
objectionable; pornographic; designed to interfere with or disrupt the
operation of www.ncspeed.net or any service provided; infected with a virus
or other destructive or deleterious programming routine; giving rise to civil
or criminal liability; or in violation of an applicable local, national or
international law;
(b) you will not impersonate or misrepresent your association with any person
or entity; you will not forge or otherwise seek to conceal or misrepresent
the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use www.ncspeed.net to provide,
any content or service in any commercial manner, or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising or commerce; you will not use www.ncspeed.net to
promote or operate any service or content without the site editor's prior
written consent;
(e) you will not provide any content that may give rise to the site editor
being held civilly or criminally liable, or that may be considered a
violation of any local, national or international law, including -- but not
limited to -- laws relating to copyrights, trademarks, patents, or trade
secrets.
7. Submission of content on www.ncspeed.net
By providing any content to www.ncspeed.net:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights.) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create derivative
works and compilations, in whole or in part. Such license will apply with
respect to any form, media, technology already known at the time of provision
or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant the site editor the license specified
in this section 7;
(c) you acknowledge and agree that the site editor will have the right (but
not obligation), at the site editor's entire discretion, to refuse to
publish, or to remove, or to block access to any content you provide, at any
time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made
available on or through www.ncspeed.net. Representations made regarding
products and services provided by third parties will be governed by the
policies and representations made by these third parties. The site editor
will not in any manner be liable for or responsible for any of your dealings
or interaction with third parties.
9.
Indemnification
You agree to indemnify and hold harmless the site editor and the site
editor's representatives, subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors, advertisers,
partners, and co-branders, from any claim or demand, including reasonable
legal fees, that may be filed by any third party, arising out of your conduct
or connection with www.ncspeed.net or service, your provision of content,
your violation of these Terms of use, or any other violation by you of the
rights of another person or party.
10.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF WWW.NCSPEED.NET AND OF ANY SERVICES
OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES
AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE SITE EDITOR
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA WWW.NCSPEED.NET MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE
OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING
SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO
ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD
PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor's rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets, and
any other proprietary right that the site editor may have in respect of www.ncspeed.net,
its content, and goods and services that may be provided. The use of the site
editor's rights. and property requires the site editor's prior written
consent. By making services available to you, the site editor is not
providing you with any implied or express licenses or rights, and you will
have no rights to make any commercial use of www.ncspeed.net or provided
services without the site editor's prior written consent.
13.
Notification of copyright infringement
If you believe that your property has been used in any way that could be
considered a copyright infringement or a violation of your intellectual
property rights, the site editor\'s copyright agent may be contacted via:
e-mail to the site administrator
[Other contact information, if published on the site:]
14.
Applicable law
You agree that these Terms of use
and any dispute arising out of your use of www.ncspeed.net or products or
services provided will be governed by and construed in accordance with local
laws applicable at the site editor's domicile, notwithstanding any
differences between the said applicable legislation and legislation in force
at your location. By registering for a user account on www.ncspeed.net, or by
using www.ncspeed.net and the services it provides, you accept that
jurisdiction is granted to the courts having jurisdiction over the site
editor's domicile, and that any disputes will be heard by the said courts.
15.
Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to
conflict with legislation by a court with jurisdiction over the parties, the
said provision will be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder of these Terms
of use will remain valid and applicable; (ii) The failure of either party to
assert any right under these Terms of use will not be considered to be a
waiver of that party's right, and the said right will remain in full force
and effect; (iii) You agree that any claim or cause in respect of www.ncspeed.net
or its services must be filed within one (1) year after such claim or cause
arose, or the said claim or cause will be forever barred, without regard to
any contrary legislation; (iv) The site editor may assign the site editor's
rights and obligations under these Terms of use; in this event, the site
editor will be relieved of any further obligation.
