NeoCertified Terms of Service

By becoming a registered member of NeoCertified you agree to the following Terms of Service. Please read them carefully.

Summary of Terms of Service

A. You agree to provide true and correct information about yourself in the User Profile registration form.

B. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.

C. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

D. You agree that NeoCertified and its designees may in their sole discretion terminate your account if they believe you have in any way violated the Terms of Service.

E. Please report any violations of the Terms of Service to abuse@NeoCertified.com.

I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The NeoCertified service (the "Service"), owned by NeoCertified and operated on NeoCertified's behalf, is provided to you ("User") under the terms and conditions of this NeoCertified Terms of Service and any amendments thereto and any operating rules or policies (the "TOS") that may be published from time to time by NeoCertified. The TOS comprises the entire agreement between User and NeoCertified and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TOS.

II. DESCRIPTION OF SERVICE

NeoCertified is providing User with the capability to send and receive electronic mail via the World Wide Web on NeoCertified's system. User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.

III. USER'S REGISTRATION OBLIGATIONS

In consideration for the use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, NeoCertified has the right to terminate User's account and refuse User any and all current or future use of the Service.

IV. USE OF REGISTRATION DATA

User agrees that NeoCertified or its designee may disclose Registration Data to third parties about User and information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, except as authorized by User or User's representative or as required by law or legal process, or as set forth in Paragraph VII below.

V. MODIFICATIONS TO TERMS OF SERVICE

NeoCertified may change the TOS from time to time. User will be notified of any such amendments by a startup screen describing the changes. By clicking on the "I Accept" button that follows the posted changes User agrees to be bound by the modifications to the TOS. If User does not click the "I Accept" button, User's account will be terminated.

VI. MODIFICATIONS TO SERVICE

NeoCertified reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that NeoCertified shall not be liable to User or any third-party for any modification or discontinuance of the Service.

VII. NEOCERTIFIED PRIVACY POLICY

NeoCertified considers email transmitted via the Service to be the private correspondence between the sender and recipient. NeoCertified will not monitor, edit or disclose the contents of a User's private communications, except that User agrees NeoCertified may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the TOS; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of NeoCertified, or others. User understands and agrees that technical processing of email communications is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Service; or (d) to conform to other, similar technical requirements. User acknowledges and agrees that NeoCertified does not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

VIII. MEMBER ACCOUNT, PASSWORD AND SECURITY

User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify the Service of any unauthorized use of User's password or account or any other breach of security.

IX. MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for the contents of User's transmissions through the Service. User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. Finally, User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

X. INDEMNITY

User agrees to indemnify and hold NeoCertified, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the TOS, or User's violation of any rights of another.

XI. NO RESALE OF SERVICE

User agrees not to resell the Service, including its use of or access to the Service.

XII. EMAIL STORAGE

NeoCertified assumes no responsibility for the deletion or failure to store email messages. NeoCertified may establish an upper limit on the size of message storage it will maintain for User.

XIII. TERMINATION

User agrees that NeoCertified may terminate User's password, account or use of the Service if NeoCertified believes (a) that User has violated or acted inconsistently with the letter or spirit of the TOS, or (b) that User has violated the rights of NeoCertified or other Users or parties. User further agrees that NeoCertified may terminate User's password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by NeoCertified from time to time which period shall not be less than three months. User acknowledges and agrees that any termination of service under the TOS may be effected without prior notice, and acknowledges and agrees that NeoCertified may immediately delete email files in User's account and bar any further access to such files or the Service.

XIV. DEALINGS WITH ADVERTISERS

User's correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold NeoCertified liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the Service.

XV. LINKS

The Service may provide, or Users may include in email, links to other Web sites or resources. User acknowledges and agrees that NeoCertified 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. User agrees that NeoCertified 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 such external sites or resources.

XVI. NeoCertified'S PROPRIETARY RIGHTS

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by NeoCertified or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without the written authorization of NeoCertified or the advertisers.

XVII. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NeoCertified 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. NeoCertified MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NeoCertified MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NeoCertified MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM NeoCertified OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XVIII. LIMITATION OF LIABILITY

USER AGREES THAT NeoCertified SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NeoCertified HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT NeoCertified SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

XIX. NOTICE

Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices to Users generally on the Service.

XX. GENERAL

The TOS and the relationship between User and NeoCertified shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. User and NeoCertified agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New Jersey . The failure of NeoCertified to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.