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| This agreement defines the terms of use for netomat's multimedia communication service (the "Service"). The Service may involve the downloading of software to your personal computer and mobile device. Your access and use of the Service is subject to the following terms and conditions (the "Service Terms of Use") and all applicable laws. By accessing or using any portion of the Service, you accept, without limitation or qualification, these Service Terms of Use. The Service is maintained by netomat, Inc. ("we", "our", "us" or "netomat") and includes the following: The netomat hub alert software, the netomat web-based authoring software application, the netomat WAP browser software application and the netomat java-based software application (collectively, the "Client Software"), your server space, and the provision of messaging, hosting and bandwidth services for your netomat account. Use of the Service Your use of the Service is strictly subject to these Service Terms of Use. You may use the Service to create, modify and transmit content so as to create unique multimedia communications in accordance with these Service Terms of Use ("netomat Communications"). Whenever inserting, copying or otherwise transmitting a netomat Communication, you agree not to delete or modify any netomat-identifying HTML that is generated by the Service. Any use other than as specifically set forth in these Service Terms of Use requires our prior written consent.  Back to top Help Index |
| netomat Client Software Licenses To use certain portions of the Service, you need to download and install netomat's proprietary Client Software on your personal computer and mobile device. We hereby grant you a non-exclusive, non-transferable, limited right to use the Client Software on one personal computer and one mobile device only and by one person at a time. Any installation on more than one personal computer and one mobile device, or for use by more than one person at a time per account, requires our prior written consent. The Client Software is owned by, or licensed for use by, netomat and may not be otherwise copied, distributed, reverse engineered, decompiled or modified, nor may derivative works be created based on the Client Software, without the prior written consent of netomat. Back to top Help Index |
| netomat Client Software Updates netomat may from time to time provide updates, enhancements, patches, fixes and other modifications to the Client Software, or repair a damaged or inoperable installation of the Client Software, either by providing you with a notice and information regarding how to download and install such modifications, or by automatically installing such modifications on your personal computer or mobile device without any additional notice to you. You acknowledge and consent that netomat may install such modifications. If you do not want netomat to install such modifications, then you should remove the Client Software by following the instructions below. Back to top Help Index |
| Removal of netomat Client Software If you wish to remove the Client Software from your personal computer, select the "uninstall" icon in the program group on your personal computer. On most personal computers, you can access this icon by clicking on "Start", "Programs," "netomat Hub Alert Tool". If you have any difficulties removing the Client Software, please follow the instructions in the "Support" section below. Back to top Help Index |
| User Licenses You hereby grant to netomat and its licensees an irrevocable, perpetual, worldwide, transferable, royalty-free license to use, transmit, copy, store, reformat, edit and/or publish your netomat Communications as necessary to allow netomat to provide the Service to you and others. Back to top Help Index |
| Third Party Software and Materials The Client Software may contain, or be bundled with, software provided by third parties such as plug-ins, viewers, freeware, scripts or other code. This third-party software may be subject to additional usage restrictions. Restrictions on use and other information on third-party software can be obtained by clicking on the "Help" and then "About" menu on certain Client Software. You agree to review this information prior to using the Service. The Client Software or the Service may also contain, or be bundled with, materials provided by third parties such as graphics, video, audio, text or other materials. Without limitation, netomat expressly disclaims any liability for, and makes no representations on behalf of, such third-party software programs or materials, including the way these operate with the Service or interact with your personal computer or mobile device. Back to top Help Index |
| Username and Password To use certain portions of the Service, you will be required to register as a user. You must provide truthful information when registering and may not use any aliases or other means to mask your true identity. Your username and password should be safeguarded at all times. You are responsible for the security of your username and password and will be solely liable for any use or unauthorized use under such username and password. Back to top Help Index |
| Payments We may offer you a free trial period before charging you for use of the Service. Any free trials are limited to one (1) free trial per person. Use of separate names, email addresses or account information to obtain more than one (1) free trial for yourself will entitle netomat to charge you usage fees for such additional trials. Once you select your pricing plan, netomat shall proceed to charge your credit card for the stated amount. If you accept automatic billing or renewals, you authorize netomat to automatically charge your credit card each payment period without prior notification or obtaining additional authorization. Please note that we do not accept debit cards for automatic renewals. Back to top Help Index |
| Capacity Limits Your account is subject to a storage limit and a bandwidth transmission limit based on the pricing plan you selected. More information regarding these limitations can be found in your Account Profile. On reaching the storage limit you may not be able to store additional netomat Communications until you delete or otherwise reduce your stored netomat Communications or purchase additional storage. On reaching the transmission limit in any month, you may not be able to transmit additional netomat Communications, and existing netomat Communications may not be viewed or retransmitted, until the next month or until you purchase additional transmission capacity. Back to top Help Index |
| Unauthorized Use You may not use spiders, robots or other automated data-mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service without our prior consent. You may not take any action to interfere with the Service or any other user's use of the Service, including, without limitation, through means of overloading, "flooding," "mailbombing" or "crashing" the Service. netomat is under no obligation to "prescreen" or otherwise monitor any third-party postings to web sites, email or other communications created or transmitted through the Service and assumes no responsibility or liability arising from the content of any such materials. Notwithstanding the preceding, you acknowledge that netomat and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available through the Service. Back to top Help Index |
| User Conduct You may only use the Service for lawful purposes and in strict compliance with these Service Terms of Use. Examples of impermissible conduct through use of the Service include, but are in no way limited to, the following uses of the Service to post, upload or transmit any message or content which:
You understand that all text, images and other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not netomat, are entirely responsible for all content that you upload, post or otherwise transmit via the Service. netomat does not control the content posted via the Service or received via any RSS feed you use and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. You are responsible for managing your account and for ensuring that all netomat Communications in your account conform to the user conduct set forth in these Service Terms of Use. Back to top Help Index |
| No Spam You may not use the Service to transmit any unsolicited wireless, SMS or email messages to any recipient from whom you have not received prior demonstrable consent. In addition, you may not use or develop any automated process to transmit messages through use of the Service. You may not use the Service to collect or store personal information of other users. You must comply with any and all laws which are applicable to the transmission of wireless, SMS or email messages or the posting of content on the Internet. Back to top Help Index |
| Termination of Access In addition to any right or remedy that may be available to us or other party under applicable laws, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time, with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. Back to top Help Index |
| Beta Users In addition to all of the provisions of these Service Terms of Use, users of the Service operating under a beta test from netomat are advised that beta test versions of the Service may not operate as intended, may experience substantial interruptions, may contain significant malfunctions and should not be used by beta testers for any reason other than for evaluative purposes. Back to top Help Index |
| Intellectual Property netomat is the owner of, or is authorized to use, all parts of the Service that are provided by netomat, including all patents, copyrights, trademarks, trade secrets and other intellectual property or proprietary rights contained therein. Except as expressly set for in these Service Terms of Use, no license is granted to you and no rights are conveyed to you by virtue of accessing or using the Service. All rights not granted under these Service Terms of Use are reserved by netomat. netomat will aggressively enforce its intellectual property rights to the fullest extent of the law. Back to top Help Index |
| Authoring language We may provide you with the ability to utilize a proprietary authoring language to create or modify messages transmitted through the Service. This language is the sole property of netomat, and may not be used for any purpose other than creating or modifying messages transmitted through the Service, nor may any derivative works or modifications be made thereto without our prior written consent. Back to top Help Index |
| Disclaimer We make reasonable efforts to ensure that the Service operates as intended; however, the Service is dependent upon the Internet, wireless carriers, third-party software and other services and providers outside of the control of netomat. By using the Service, you acknowledge that we do not and cannot guaranty that the operation of the Service will be uninterrupted, error-free or that the information it stores or transmits will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. We make no warranties that any software downloaded in connection with the Service will operate properly on your personal computer or mobile device or will not interfere with other programs or systems on your personal computer or mobile device functions. You expressly assume the risk of such problems by using the Service, including by downloading, installing or using the Client Software. THE SERVICE, INCLUDING ALL CLIENT SOFTWARE, CONTENT, OPERATIONS AND MATERIALS ARE PROVIDED "AS IS". EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE OPERATION OF THE SERVICE. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if netomat is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you for your use of the Service during the prior twelve (12) months. Back to top Help Index |
| Privacy netomat takes the privacy of you and your information very seriously. For more information on how we use information collected from you, view our Privacy Policy. Back to top Help Index |
| Support Please refer to http://www.netomat.net/mobile/help/sla.html regarding our service support policies. You can also email netomat. Back to top Help Index |
| Communications with netomat Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. Back to top Help Index |
| Changes All information posted on the Service is subject to change without notice. In addition, these Service Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should frequently check this page for such changes. Your continued access to the Client Software or use of the Service after such changes conclusively demonstrates your acceptance of those changes. Back to top Help Index |
| Indemnification You agree to indemnify, defend and hold harmless netomat, its employees, directors, officers, agents and representatives from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, arising from, or related to, any breach by you of any of these Service Terms of Use, the content of your netomat Communications or violations of applicable law. Back to top Help Index |
| Severability If any part of these Service Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Service Terms of Use and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Back to top Help Index |
| Waiver & Remedies The failure or waiver of netomat to partially or fully exercise any right or any breach of these Service Terms of Use by you, shall not prevent a subsequent exercise of any such right by netomat or be deemed a waiver by netomat of any subsequent breach by you of the same or any other term of these Service Terms of Use. The rights and remedies of netomat under these Service Terms of Use and any other applicable agreement between you and netomat shall be cumulative, and the exercise of any such right or remedy shall not limit netomat's right to exercise any other right or remedy. Back to top Help Index |
| International Access Our Service is provided from the United States and all servers that make the Service available reside in the United States. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no claims regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside the USA. Back to top Help Index |
| Governing Law The laws of the State of New York shall govern these Service Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE SERVICE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE. Any claim against netomat arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. Back to top Help Index |
| Digital Millennium Copyright Act ("DMCA") Notice Materials may be made available via the Service by third parties not within the control of netomat. We are under no obligation to, and do not, scan messages sent through the Service for defects, viruses or for illegal content. However, we respect the copyright properties of others. It is our policy not to permit materials on the Service that are known by us to be infringing Notify us promptly if you believe any materials on the Service (including RSS feeds or other user-provided materials) infringe a third party copyright. On our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer that provided the content in issue, including, where applicable, and technically possible, removing or disabling access to materials claimed to be infringing or by removing or disabling access to such materials. Our designated agent (i.e. proper party) to whom you should address any DMCA notice is: Kris Ramanathan, netomat, Inc., 307 West 38th Street, New York, New York 10018, (212) 594-1955, krisr@netomat.net. It is the policy of netomat to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. Back to top Help Index |
| Questions For questions regarding netomat's Service Terms of Use, email netomat. Back to top Help Index |