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New Ideas Web Services, Inc.
General Terms of Service |
(Effective: July 20, 2006)
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For definitions, please see our
Terms of Service
Definitions.
OTHER POLICIES THAT ARE PART OF THIS TOS
By using New Ideas Web Services, Inc., you agree to be legally bound by the
New Ideas Web Services, Inc. Terms of Service (TOS).
These other policies are collectively part of this
TOS.
ACCOUNT CLASS / LEGAL AGE
ACCOUNT OWNER
An "Account Owner" is the main contact for any service (Account) provided
by New Ideas Web Services, Inc. An Account Owner must be at least 18 years
of age or be an entity such as a company or organization. The Account Owner
is entirely responsible (legally and otherwise) for all matters and actions
connected to (related to) their Account. The Account Owner shall supersede
all Account Subs associated with that Account. Should a dispute arise, the
Account Owner shall supersede the Billing Account.
ACCOUNT SUB
An "Account Sub" is anyone who is authorized by the Account Owner to use
the Account Owner's Account. An Account Sub must be at least 13 years of
age or be an entity such as a company or organization. Parents and/or legal
guardians (Account Owner) may sign up for an Account and allow their child
(Account Sub) to use any services that we provide. An Account Sub may or
may not be the main person who uses an Account. All terms and conditions
that concern the Account Owner shall also apply to Account Subs in relation
to its intended use. There is no special sign up or other process to become
an Account Sub. [The intended purpose of having the term Account Sub is to
simply provide a way to differentiate from the actual Account Owner.]
This web site and services are not intended for persons under 13 years of
age. Persons under 13 years of age may not use an Account without the Account
Owner's immediate permission (approval) and immediate presence
(supervision).
ACCOUNT INFORMATION
You agree to provide New Ideas Web Services, Inc. with current, complete, accurate,
true, and valid Account Information. Members who provide inaccurate, incomplete,
invalid, false, or non-current Member Information may, at the sole discretion
of New Ideas Web Services, Inc., have their Member Account suspended or terminated.
We may place Accounts on hold, pending review and/or verification of Account
Information.
ACCOUNT INFORMATION REVISIONS (UPDATES AND CHANGES)
You agree to maintain and update your Account Information within 15 days
after any changes.
USERNAMES AND PASSWORDS
As part of the sign up process, you will be asked to choose a Username and
Password. All Usernames and Passwords are subject to approval by New Ideas Web Services, Inc.
and they may be Revised or changed, in our sole discretion. We may
(but are not obligated to) refuse to allow you to maintain any Username which
impersonates someone else, is or may be protected by any Marks (as defined
in the New Ideas Web Services, Inc.
Copyrights and Marks
Policy), is vulgar or otherwise offensive or may cause confusion, as
determined by New Ideas Web Services, Inc. in our sole discretion.
Member is fully responsible for maintaining the confidentiality and security
of Member's Usernames and Passwords. You agree to ensure that you properly
logout of all Accounts when you are finished or will be away from the computer
for any amount of time [for security].
UNAUTHORIZED USE OF ACCOUNT
You agree to immediately notify New Ideas Web Services, Inc. of any unauthorized use
of your Account or any other security breach. You may not use any Account
at any time, without that Account Owner's express permission.
LINKS
LINKS TO NEW IDEAS WEB SERVICES, INC.
You can place a text or image (provided or approved by New Ideas Web Services, Inc.)
link from your web site to New Ideas Web Services, Inc. provided that your web site
is "reasonable," at our sole discretion. New Ideas Web Services, Inc. reserves the
right to revoke such authorization at any time and with or without reason
and with or without notice of any kind.
LINKS LISTED ON, FROM, AND TO NEW IDEAS WEB SERVICES, INC.
New Ideas Web Services, Inc. may link to other Internet web sites or resources,
which may or may not be owned or operated by New Ideas Web Services, Inc. Some Internet web sites may have linked to our web site. This may include
certain Member's web sites. We also may not have reviewed such web sites
(for accuracy, content, reliability, availability of information, or otherwise).
We are not responsible for any content (including, but not limited to,
advertising, products, services, or other Materials) on or available from
such web sites or resources and shall not be held responsible or liable,
directly or indirectly, for any loss or damage caused by or alleged to have
been caused by use of or reliance upon any such content or Materials available
on or through any such web sites or resources. Any such links from
newideaswebservices.com are for the convenience of our Members and Users
only; you access them at your own risk and you irrevocably waive any claim
against us with respect to such other web sites.
ADVERTISING
POP-UP AND POP-UNDER ADS ON THE NEW IDEAS WEB SERVICES, INC. WEB SITE
We do not place banners, pop-ups, pop-unders, or any other advertisements
on the New Ideas Web Services, Inc. web site. The only exceptions to this may be special
access pages and our resources areas.
If you see any such ads while viewing our web site, please let us know. Please
also describe such ad as best as you can, also telling us what the ad said
and what it appeared to be advertising. We will investigate and can take
the proper steps at that point. Thank you.
PUBLICITY
We may, in our sole discretion, use your name and/or your entity name and
refer to you as a Member, in advertising, publicity, and/or Materials distributed
and/or displayed to current and/or prospective Members (and the general public),
free of any obligation to compensation, payment, reward, or otherwise. [The
primary purpose of this provision is to say that "Known Company Name" is
a Client. We may even choose to link to you.]
ENDORSEMENTS
References that we may make to any names, Marks, products and/or services
of third parties, and/or third party information do not necessarily constitute
or imply our endorsement, sponsorship or recommendation of the third party,
information, product or service.
IMPERSONATION
You may not impersonate, (or attempt to impersonate) any person or entity,
or falsely state, or otherwise misrepresent affiliation with any person or
entity.
SOFTWARE DOWNLOADS / SOFTWARE USE
New Ideas Web Services, Inc. may, at its sole discretion, link to certain files
("software") that may be downloaded from this web site or a third-party web
site. You are completely responsible for ensuring that any such software
does not contain any defects, errors, incomplete files, viruses, worms, Trojan
horses, adware, spyware and/or other unwanted and/or destructive things.
Any such software is subject to that software's terms and conditions and
may or may not be owned by New Ideas Web Services, Inc. Use of any software on/with
web sites hosted by New Ideas Web Services, Inc. are also subject to our TOS.
INTERNET ACCESS
While we will take all reasonable measures to ensure security, nothing can
really ever be guaranteed to be 100% secure from unauthorized intrusion.
You understand and agree that all information that you submit to New Ideas Web Services, Inc.
is done so at your own risk.
NETWORK SECURITY
You understand and acknowledge that data transmission over the Internet is
often more secure than filling out a form that must pass through many hands
before it reaches its final destination (like your bank checks). However,
nothing can really ever be guaranteed to be 100% secure from unauthorized
intrusion. You understand and agree that all information you submit to
New Ideas Web Services, Inc. is done so at your own risk.
You may not use New Ideas Web Services, Inc. with an attempt to circumvent
User authentication or security of any web site, host, network, or Account.
This includes, but is not limited to, accessing data not intended for you,
logging into a server or Account that you are not expressly authorized to
access, password cracking, probing the security of other networks in search
of weakness, or violation of any other organization's security policy. You
may not attempt to interfere with or deny service (DOS) to any Member, User,
host, or network. This includes, but is not limited to: flooding, mail bombing,
or other deliberate attempts to overload or crash a web site, server, computer,
Account, host, or network. New Ideas Web Services, Inc. may, at our option,
cooperate fully with investigations of violations of systems or network security
at other web sites, including cooperating with law enforcement authorities
in the investigation of suspected criminal violations. Users who violate
system or network security may incur civil and/or criminal liability.
ABUSE
Any attempts to undermine, slander, libel, threaten, swear at, or cause harm
to any New Ideas Web Services, Inc. web site, server, Member, User, employee, or the
company directly is strictly prohibited and are grounds for immediate termination
without refund, at our sole discretion. In addition, we reserve the right
to pursue any attempts to the fullest extent of the law. Lack of immediate
action on our part does not mean that we surrender or give up those rights.
SUSPENSION AND TERMINATION
Members, Users, and Features
You understand and agree that New Ideas Web Services, Inc. may, in its sole discretion,
limit, restrict, suspend and/or terminate your Member Account(s) and/or your
access to any or all features (including, but not limited to: resources,
services, Member Areas, and job postings) and/or any or all services at any
time and with or without any specific reason and with or without notice
(immediate, or otherwise) of any kind. We also reserve the right to limit,
restrict, suspend and/or terminate authorization for any User, Visitor, and/or
Former Member to access New Ideas Web Services, Inc., in part or in whole, (this includes,
but is not limited to; the viewing of any or all web pages in any form).
We also reserve the right to discontinue any feature at any time and for
any or no reason and with or without notice of any kind.
If we terminate your Account (or access to any or all features), we reserve
the right to also remove (we may also discard) any or all of your Materials
(including, but not limited to, web site contents, Submissions, and/or other
Materials). We may also release your Username for use by another Member (Member,
User, or otherwise). You understand and agree that if you are terminated,
New Ideas Web Services, Inc. shall not be liable for any refund (or portion thereof)
of any access or service.
Failure to follow our Terms of Service and other New Ideas Web Services, Inc. policies
may result in a warning, Account suspension, or possible immediate Account
termination.
TRANSFERABILITY / NONASSIGNABILITY
You may not transfer or assign (directly or indirectly) your rights and
obligations under our TOS (and/or your Account) without the prior written
(on physical paper) expressly detailed consent of New Ideas Web Services, Inc.
Should New Ideas Web Services, Inc. be acquired, taken over or merged with another
company, the new entity will be deemed to have taken over all responsibilities
of New Ideas Web Services, Inc. with regards to our TOS, with our TOS remaining in
full force and effect.
CONFIDENTIALITY
You acknowledge that by reason of your relationship with New Ideas Web Services, Inc. (Member Account and/or our TOS), you may have access to certain information
and Materials relating to our business, plans, Members, Clients, software
technology, and marketing strategies that is confidential and of substantial
value to New Ideas Web Services, Inc., which value would be impaired if such
information were disclosed to third parties. You agree that you will not
use any such information in any way for your own Account, or for the Account
of any third party, nor disclose it to any third party. You further agree
that it will take every reasonable precaution to protect the confidentiality
of such information. In the event of termination of our TOS, there shall
be no use or disclosure by the you of any such confidential information in
your possession, and all confidential Materials shall be returned to
New Ideas Web Services, Inc. or destroyed. The provisions of this section shall
survive the termination of our TOS for any reason. Upon any breach or threatened
breach of this section, we shall be entitled to injunctive relief, which
relief shall not be contested by you.
OFFICIAL NOTICES
All official notices must be in writing, and must be delivered or sent by
U.S. Registered Mail, U.S. Certified Mail, Return Receipt Requested, Delivery
Confirmation, or similar method by United States Postal Service (or Federal
Express, UPS, or other commercial courier service), postage prepaid. Any
such notice shall be deemed given upon delivery. Notices transmitted via
Email and/or orally shall be deemed insufficient notice.
RIGHT TO SUB-CONTRACT
New Ideas Web Services, Inc. may sub-contract any work, obligations, and/or other
performance required of New Ideas Web Services, Inc. under our TOS and/or any other
agreement without consent of or notice to Member/Client. Member/Client may
sub-contract other web services with any person and/or company of their choice
(as pertains to our TOS), without consent of or notice to New Ideas Web Services, Inc.
NON-AGENCY
Nothing contained in our TOS shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
EMPLOYEE SOLICITATION
You agree that you will not cause (directly or indirectly) the solicitation
of any of New Ideas Web Services, Inc.'s employees or contractors with a proposal
to hire them as your own employees, contractors, or otherwise.
If you were to hire (directly or indirectly) any of our employees or contractors,
you agree to pay New Ideas Web Services, Inc. for each employee and/or contractor
the greater amount of two (2) years salary for that employee and/or contractor
or $150,000.00 USD.
This provision shall be effective concerning anyone employed and/or contracted
by New Ideas Web Services, Inc. in the last two (2) years. Our employees and contractors
are contractually restricted from working for Members for a period of up
to two (2) years after leaving (and/or doing work for) New Ideas Web Services, Inc. You agree that this provision shall be effective upon you for a period of
two (2) years after leaving (and/or after completion of any and all projects
with) New Ideas Web Services, Inc.
WE DO NOT PROVIDE (LEGAL, TAX, OR LICENSED) ADVICE
New Ideas Web Services, Inc. does not provide (or offer) legal advice and is not a
law firm (or law practice). Any information provided by us is offered for
informational purposes only. If you require legal advice, please consult
competent legal counsel (of your own selection).
New Ideas Web Services, Inc. does not provide (or offer) tax advice or any other regulated
(licensed) professional advice. Any tax information provided by us is offered
for informational purposes only. If you require tax advice, please consult
a competent accountant or tax consultant (of your own selection).
Our Web Design contractors also cannot provide (or offer) such advice unless
licensed to do so.
RIGHT OF REVISION
New Ideas Web Services, Inc. reserves the right to access and to Revise any
Member-contributed Materials and/or Submissions at any time for any reason
and with or without notice of any kind. New Ideas Web Services, Inc. reserves the
right, in its sole discretion, to Revise, in whole or in part, any information
related to your Member Account [Commonly used to correct spelling,
capitalization, ZIP codes, or other minor details.]. We shall not be obligated
to Revise publicly viewable Materials and/or Submissions.
EXPIRATION OR CANCELLATION LOSS
If any service expires or is canceled for any reason, New Ideas Web Services, Inc.
shall not be liable to you because of the expiration or cancellation of such
service(s) (including, but not limited to: for compensation, reimbursement,
or damages on account of any loss (including, but not limited to: loss of
service, profits, sales, good will, reputation, and/or otherwise)).
RIGHT OF REFUSAL OF SERVICE
New Ideas Web Services, Inc. reserves the right, in our sole discretion, to refuse
any or all services to anyone for any reason. We may refuse, limit and/or
restrict any Member, person, group, company, organization, state, country,
and/or otherwise. New Ideas Web Services, Inc. reserves the right, in our sole discretion,
to reject the sign up of any User for any reason. We reserve the right to
reject any Member-contributed content and/or Materials at any time and for
any reason and with or without notice of any kind. We also reserve the right
to impose other restrictions and/or limitations.
RIGHT OF SHUT DOWN
We reserve the right to shut down New Ideas Web Services, Inc. and/or any server
and/or web site therein, in whole or in part, for any amount of time, and
for any or no specified reason and with or without notice of any kind. (Some
examples of shut down, temporary or otherwise, may include, but are not limited
to: server maintenance, upgrades, patches, suspicion of fraudulent use, security
breach, attempted security breach, awaiting the outcome of any pending legal
action(s) against us, force majeure, or any other reason that New Ideas Web Services, Inc.
executives decide to be in the best interest of New Ideas Web Services, Inc.
and/or its executives.) We may be required by law, or court order to remove
or suspend any Material(s), file(s), User(s), Member(s), Member Account(s),
and/or anything else as ordered should a situation be warranted.
FORCE MAJEURE
New Ideas Web Services, Inc. shall not be liable to Members, Users, or others by reason
of any failure and/or delay in the performance of its obligations herein
on account of strikes, shortages, riots, insurrection, fires, flood, storm,
explosions, acts of nature, war, terrorism, governmental action, labor
conditions, earthquakes, interruptions in telecommunications services, Internet
access, alien invasion, and/or other things beyond our control.
SUSPECTED ILLEGAL ACTIVITY
New Ideas Web Services, Inc. reserves the right, in our sole discretion, to report
any activity that we become aware of that we suspect may violate any law
or regulation to any United States based law enforcement authorities and/or
other appropriate third parties. For any such report, we may access and disclose
any information we consider necessary and/or appropriate.
New Ideas Web Services, Inc. may, at our option, cooperate (fully or otherwise) with
investigations of alleged illegal activity (whether by law enforcement or
otherwise). In the event of properly issued warrants, court orders, and/or
subpoenas, we may be required by law to release certain Member Account
information.
CHILD PORNOGRAPHY
If we find what we consider child pornography of any kind, we will report
you to the FBI and terminate your Account.
Confirmed child pornography on your Account is subject to forfeiture (by
New Ideas Web Services, Inc. and/or the FBI) of offending Web Hosting Account and/or
any Domain Name(s) (registered by us) associated with that Account. You agree
and understand that we may, in our sole discretion, fully take over that
Account (including, but not limited to: Web Hosting Accounts, Domain Names,
Materials, and Submissions) (without assuming any liability). The purpose
being to work with the FBI and/or other appropriate third parties to help
stop child pornography by using such Account for the purpose of discovering
any other such illegal activity associated with it. [Offending Accounts will
be taken offline until further action is taken. Generally, the FBI will
dictate what happens.]
SPECIAL INCONSISTENCY
For the purpose of this provision, where there may exist any inconsistency
between any provisions of our TOS, the provision(s) (in whole, in part, or
combined) that best serve the intent of this provision (and New Ideas Web Services, Inc.)
shall supersede the other(s).
NOTICE TO US OF PROBLEMS WITH YOUR ACCOUNT
Please notify us as soon as possible of any problem(s) with your Account,
our services, our products, and/or New Ideas Web Services, Inc. Staff. Any complaint(s)
concerning your Account, our services, our products, and/or New Ideas Web Services, Inc.
Staff must be made within thirty (30) days of alleged problem(s). There will
be no refunds and/or service date extensions for your failure to report
service problems and/or errors to New Ideas Web Services, Inc. within thirty (30)
days. (We will still honor our
Money Back
Guarantee).
DISPUTES
SPIRIT OF COOPERATION
You and New Ideas Web Services, Inc. (separately) shall attempt to resolve any and
all disputes arising out of our TOS and/or any Account and/or any service
and/or goods in a spirit of cooperation without formal proceedings.
Any dispute that cannot be so resolved (other than the collection of payment
due on unpaid Accounts) shall be subject to arbitration or Legal Action upon
express demand of either party.
ARBITRATION
New Ideas Web Services, Inc., at our sole discretion, may require any Legal Action
arising under our TOS to be submitted for arbitration (to occur at Legal
Location, as described below). Arbitration is legal and binding, except hereby
either party may suspend the arbitration agreement, via a notarized letter
stating such, within fifteen (15) days after such arbitration agreement is
made. If such a suspension is issued, the dispute may be reopened and submitted
to a court of law (unless otherwise settled). After such time, both parties
waive their right to seek (alternative) remedy in court (for same instance
of cause of Legal Action).
CONFLICTS BETWEEN MEMBERS AND THEIR WEB SITE VISITORS
If any conflicts arise between New Ideas Web Services, Inc. Member and any user/visitor
to their web site, we are under no obligation to become involved. However,
New Ideas Web Services, Inc., in its sole discretion, still reserves the right to
become involved at any time.
JURISDICTION OF LEGAL ACTION / CHOICE-OF-LAW / FORUM-SELECTION
VENUE ("LEGAL LOCATION" / "LEGAL AREA")
"Legal Location" shall refer to one or more of the "Legal Area" locations
listed below, as solely determined by New Ideas Web Services, Inc.:
Legal Area 1: Fort Wayne, County of Allen, State of Indiana, United States
of America, Earth (default)
Legal Area 2: New York City (esp. Manhattan), County of New York, State of
New York, United States of America, Earth (second default)
Legal Area 3: Beverly Hills, County of Los Angeles, State of California,
United States of America, Earth
Legal Area 4: Orlando, County of Orange, State of Florida, United States
of America, Earth
Legal Area 5: Arlington, County of Tarrant, State of Texas, United States
of America, Earth
Legal Area 6: Nashville, County of Davidson, State of Tennessee, United States
of America, Earth
Legal Area 7: Detroit, County of Wayne, State of Michigan, United States
of America, Earth
Legal Area 8: (The local jurisdiction of any division of New Ideas Web Services, Inc.,
and/or Joint Company, and/or parent company)
Legal Area 9: (See the section entitled "LEGAL AREA 9," below)
The default "Legal Location" (as defined above) shall be "Legal Area 1" (as
defined above).
When any Legal Action is filed against us or by us, we may request and/or
require that such Legal Action be filed and/or held, in full or in part,
in any Legal Location as determined by New Ideas Web Services, Inc.
LEGAL AREA 9 (LEGAL DEFENSE PROVIDED BY PROVIDER(S))
You agree that if one (or more) of our primary (service) providers will provide
for our legal defense and/or request that trial be held in their respective
jurisdiction(s) (Legal Area 9), that New Ideas Web Services, Inc. may consider this
as "Legal Area 9." This will ONLY be done with approval by that provider
AND New Ideas Web Services, Inc.
GOVERNING LAW
By default, this TOS shall be deemed as created in "Legal Area 1."
This TOS and any and all Legal Action involving New Ideas Web Services, Inc. shall
be governed, construed, and enforced in accordance with the laws of "Legal
Location" (as "Legal Location" is defined within this TOS), without giving
effect to any principles of conflicts of law. You agree that should any dispute
arise between you and us and/or any other lawsuit (collectively referred
to as "Legal Action") arise out of, or relating to, this TOS and/or
New Ideas Web Services, Inc., such Legal Action shall be filed only in the county, state,
or federal courts with direct jurisdiction of our Legal Location. You agree
to submit to the personal jurisdiction of such Legal Location for the purpose
of such dispute and/or Legal Action. You also agree to the venue being in,
"Legal Location," as defined within this TOS and as chosen by New Ideas Web Services, Inc. In no event shall you be entitled to injunctive or other equal relief.
You expressly consent to the proper jurisdiction of said court(s).
INTERNATIONAL LAWS
The provisions of the United Nations Convention on Contracts for the
International Sale of Goods shall not apply to New Ideas Web Services, Inc. The laws
of the United Nations shall not apply to New Ideas Web Services, Inc. The laws of
the European Union shall not apply to New Ideas Web Services, Inc. The laws of the
United States of America (and specific legal systems therewith and therein)
shall be the sole legal system over New Ideas Web Services, Inc.
USE OF NEW IDEAS WEB SERVICES, INC. SERVICES BY OUR PROVIDERS
If any Legal Action is filed against New Ideas Web Services, Inc. and/or any parent
company and/or executives and/or staff, by one of our providers concerning
their use of our service(s), Legal Action will, unless otherwise approved,
be filed and held as mentioned within our TOS. Approval will be considered
on a case-by-case basis. Because we use a provider's service and may agree
to THEIR Terms of Service of jurisdiction for THEIR service(s) does not mean
that Legal Action filed against US concerning THEIR use of OUR service(s)
will be held to THEIR Terms of Service. It will be held to OUR Terms of
Service.
NON WAIVER / RIGHT TO RESERVE ENFORCEMENT
The failure of New Ideas Web Services, Inc. to require performance by you of any provision
of our TOS shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by New Ideas Web Services, Inc. of a breach
of any provision of our TOS be taken or held to be a waiver of the provision
itself.
INDEMNIFICATION / "INDEMNIFICATION FRIENDS"
You agree that you will defend, indemnify, save and hold harmless,
New Ideas Web Services, Inc. (including, but not limited to; its web sites, executives, staff,
agents, Clients, Resellers, Affiliates, Members, Users, licensors, any assigns,
independent contractors who work with/for/contract under New Ideas Web Services, Inc.,
all Joint Companies, third parties directly related to New Ideas Web Services, Inc.,
any parent company, other third party or third party providers (collectively
referred to as "Indemnification Friends")) from and against any and all demands,
liabilities (including, but not limited to: any and all liabilities arising
out of: any injury to any person and/or property caused by any product(s)
sold and/or otherwise distributed in connection with New Ideas Web Services, Inc.;
and/or any Material and/or Submission supplied by Member, User, and/or Visitor
infringing and/or allegedly infringing on the rights (proprietary, Mark or
otherwise) of any third party, losses, expenses, business interruption, damages,
costs and claims, including reasonable attorney's fees asserted against
New Ideas Web Services, Inc., and/or our Indemnification Friends (as defined above)),
that may arise or result from any service(s) provided and/or performed, and/or
agreed to be provided and/or performed, and/or any product(s) bought, sold,
traded, and/or given free (with or without any stipulations), and/or any
violation of our TOS by any New Ideas Web Services, Inc. User.
In accepting any service(s) and/or product(s), you indemnify New Ideas Web Services, Inc.
and our Indemnification Friends for the violation of any law and/or
violation of any New Ideas Web Services, Inc. TOS policy, (by you, your Member Account,
your Account Sub(s), your web site users/visitors, and/or otherwise) that
results in loss to us or the bringing of any claim and/or Legal Action against
us. [This means that if any Legal Action is asserted against us, even if
no lawsuit is filed, because of your activities and/or activities associated
with your Member Account that violates any law, and/or our TOS, you will
pay any and all damages awarded against us, processing fees, reasonable
attorney's fees, plus any and all other related costs and fees].
We reserve the right to assume the exclusive defense and control of any matter
subject to indemnification by you, in which event you will fully cooperate
with New Ideas Web Services, Inc. and our Indemnification Friends in asserting any
available defenses. The same applies for situations where we and/or our
Indemnification Friends bring (and/or attempt to bring) Legal Action against
others, if we determine that your assistance would be of benefit to New Ideas Web Services, Inc.
DISCLAIMER
Information on New Ideas Web Services, Inc. may include technical inaccuracies,
typographical errors, and/or out-of-date Materials. We may from time-to-time
make adjustments, corrections, additions, deletions, and/or redesign the
site entirely. We may Revise anything (including, but not limited to: Materials,
features, and policies) on and within New Ideas Web Services, Inc. at any time and
with or without reason and with or without notice of any kind.
New Ideas Web Services, Inc. does not warrant or make any representations regarding
the use of (or results from) New Ideas Web Services, Inc. (including, but not limited
to: any web site, Materials, forum, and/or Software), for accuracy, content,
reliability, availability of (any web site, information, or functions contained
on any web site within New Ideas Web Services, Inc.), or otherwise. We do not warrant
or make any representations that the services, Materials, or Software will
be uninterrupted or error-free, that any defects will be corrected, or that
any web sites, and/or servers are free of defects, errors, incomplete files,
viruses, worms, Trojan horses, adware, spyware, and/or other unwanted and/or
destructive things. We do not warrant that Materials, or web sites within
New Ideas Web Services, Inc. do not violate any patent, copyright, intellectual property
rights, or other rights or Marks.
You accept all risks and responsibility for losses, damages, costs and other
consequences resulting directly or indirectly from using New Ideas Web Services, Inc.
and any information, Materials, services, products, and/or Software available
from it. You assume the entire cost of any and all necessary servicing, repair,
and correction. New Ideas Web Services, Inc. shall not be responsible for any damages
that you, your business, and/or your organization may suffer. All services,
products, Software, information, and Materials provided via New Ideas Web Services, Inc.
are provided on an "AS IS" basis "with all faults" and "as available" without
warranties of any kind, expressed or implied.
WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
COMPATIBILITY, SECURITY, ACCURACY, AND NON-INFRINGEMENT. This includes any
losses resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by New Ideas Web Services, Inc. and/or our
Indemnification Friends.
Some jurisdictions may not allow the exclusion of implied warranties, however,
you agree that in such case, jurisdiction of law may, at our option, be
transferred to another Legal Location (as defined in this TOS - default Legal
Location is Fort Wayne, County of Allen, State of Indiana, United States
of America, Earth), so the above exclusions DO apply to you.
CREATION OF UPTIME GUARANTEE
We may maintain an Uptime Guarantee policy that may compensate (no more than
amount paid for one month) for certain server downtime. An Uptime Guarantee
would only guarantee specific compensation and not actual server uptime,
as it is realistically impossible for any server to have 100% uptime until
the end of time. We also reserve the right to Revise and/or cancel the Uptime
Guarantee policy at any time with or without notice of any kind.
OTHER LOCATIONS / COUNTRIES
New Ideas Web Services, Inc. is controlled and operated from its offices within the
State of Indiana and/or the State of New York (and/or other locations) within
the United States of America, Earth. We make no representation that
New Ideas Web Services, Inc. or the Materials therein are appropriate or available for use
in any other location or any other country.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING, BUT NOT LIMITED TO: NEGLIGENCE) SHALL
New Ideas Web Services, Inc., ITS OWNERS, OFFICERS, ADMINISTRATORS, EMPLOYEES,
(collectively referred to as "Staff") BE LIABLE TO ANY PARTY FOR ANY DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO: SPECIAL, DIRECT, INDIRECT, EXEMPLARY,
PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, USE, DATA, FILE, Material, TIME, SAVINGS, OR GOOD WILL) WHETHER
BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH New Ideas Web Services, Inc.
AND/OR ITS RELATED WEB SITES, AND/OR Staff, AND/OR THE USE, INABILITY
TO USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIALS, INFORMATION, ITEM(S),
AND/OR SERVICE(S) CONTAINED IN OR ACCESSED FROM New Ideas Web Services, Inc. OR ITS
RELATED WEB SITES, AND/OR Staff EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE(S).
EXCEPT WHERE EXPRESSLY AND SPECIFICALLY STATED OTHERWISE, WE EXPRESSLY DISCLAIM
ANY AFFILIATION OR CONNECTION WITH ANY CELEBRITY, INCLUDING, BUT NOT LIMITED
TO: ANY AGENT, REPRESENTATIVE, MANAGEMENT, RECORD COMPANY, FAMILY, LEGAL
TEAM, OR OTHER ENTITY (REFERENCED TO, OR OTHERWISE) THEREOF.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF LIMITATION OR EXCLUSION
OF LIABILITY OR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
HOWEVER, YOU AGREE THAT IN SUCH CASE, JURISDICTION OF LAW MAY, AT OUR OPTION,
BE TRANSFERRED TO ANOTHER Legal Location (AS DEFINED WITHIN THIS TOS - DEFAULT
Legal Location IS Fort Wayne, County of Allen, State of Indiana, United States
of America, Earth), SO THE ABOVE LIMITATIONS AND EXCLUSIONS DO APPLY TO
YOU.
IN NO EVENT (YOU AGREE TO LIMIT) SHALL New Ideas Web Services, Inc.'s (AND ANYONE
THEREIN AND THEREWITH, TOGETHER) TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF Legal Action (WHETHER BROUGHT IN CONTRACT OR TORT
{INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE}, OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU FOR THE SERVICE(S), AND/OR PRODUCT(S) IN DISPUTE THAT ARE/WERE
PROVIDED BY New Ideas Web Services, Inc. (AND ANYONE THEREIN AND THEREWITH, TOGETHER)
WITHIN THE NINETY (90) DAY PERIOD PRIOR TO THE DATE THE CAUSE OF Legal Action
AROSE. IN ANY EVENT, MAXIMUM LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS
($500.00 USD).
REVISIONS TO THESE TERMS OF SERVICE
New Ideas Web Services, Inc. reserves the right to Revise any portion(s) of our Terms
of Service at any time and with or without specific reason and with or without
notice of any kind (except as described within).
Any Revisions to our Terms of Service (TOS) will be effective immediately
upon the posting (updating) of such Revisions on the New Ideas Web Services, Inc.
web site. To help prevent confusion to new and existing Users and Members,
we do not explain what was Revised on each Revision. Please review our TOS
from time-to-time to keep yourself current. You can determine when we last
updated this TOS by checking the "Effective" date that appears at the top
of each policy. Your continued use of New Ideas Web Services, Inc. after such notice
will be deemed acceptance of such Revisions. Any changes and Revisions to
New Ideas Web Services, Inc. shall be effective upon implementation of such change
and Revision. Unless otherwise noted, any and all new content and Materials
on, or features of, New Ideas Web Services, Inc. shall be subject to our latest TOS.
LEGAL REVISIONS VIA INTERPRETATION
If any provision of this TOS shall be unlawful, void, or for any reason
unenforceable, then that provision shall be revised (made lawful, valid,
and enforceable) in such a way as to reflect its original purpose. If purpose
cannot be reasonably found, that unlawful, void, and/or unenforceable part
shall be deemed severable from this TOS and shall not affect the validity
and enforceability of any remaining parts or provisions.
INCONSISTENCY
You agree that, where there may exist any inconsistency (conflict) between
any provisions of our TOS (including all associated policies and agreements
thereof), the provisions (in whole, in part, or combined) that best serve
our intent of the situation-in-question shall supersede the other(s). In
any case, is shall be formed to the best interest and benefit of New Ideas Web Services, Inc.,
its executives, and Staff. In the event of inconsistency, you and
New Ideas Web Services, Inc. (separately) reserves the right to (without limit) create,
offer, and/or accept alternate wording for the purpose of attempting to create
a "meeting of the minds." For the alternate wording to be effective, both
parties must accept it in writing (such alternate wording shall be retroactive
unless alternate wording acceptance states otherwise).
CAPTIONS, HEADINGS, AND SUBHEADINGS
Information inside curved captions "(" and/or extent ")" contained in our
TOS are used to help describe, define, explain, interpret, clarify, and/or
apply certain legal wording to appropriate area.
Information inside flat captions "[" and/or extent "]" contained in our TOS
are for reference purposes only. They are not intended to help describe,
define, explain, interpret, clarify, and/or apply any legal wording, broaden,
limit the scope and/or extent.
Headings (HEADINGS) and subheadings (SUBHEADINGS) are for reference
purposes only. They are not intended to help describe, define, explain,
interpret, clarify, and/or apply any legal wording, broaden, limit the scope
and/or extent.
TERMS OF SERVICE SURVIVAL
Portions of our TOS and any other Agreements shall survive any Cancellation
or Termination of Member Account. This includes, but is not limited to: EMPLOYEE
SOLICITATION, EXPIRATION OR CANCELLATION LOSS, DISPUTES, JURISDICTION OF
LEGAL ACTION / CHOICE-OF-LAW / FORUM-SELECTION, DISCLAIMER, INDEMNIFICATION,
and LIMITATION OF LIABILITY provisions. If you are terminated or cancel your
service(s), you are not relieved of any obligations to pay fees and other
costs associated with your Account.
ACCEPTANCE OF AGREEMENT
By using (includes, but is not limited to: visiting) New Ideas Web Services, Inc.
(including, but not limited to: signing up for any Account and/or ordering
any service and/or goods), you expressly agree that you have fully read,
understand, and accept the terms and conditions of our Terms of Service
(including all associated policies and agreements thereof), including any
and all Revisions. Our TOS governs the main relationship and agreement between
New Ideas Web Services, Inc. If you do not agree to these terms, please do not use
New Ideas Web Services, Inc. You have independently evaluated the service and are
not relying on any representation agreement, guarantee, or statement other
than as set forth in our TOS. Our TOS supersedes all prior communications
(including, but not limited to: advertisements, proposals, agreements, and
any communications with any agent, representative, reseller, affiliate and/or
otherwise) with each other.
You warrant and represent that you possess the legal right and ability to
enter into this TOS agreement (for yourself and/or on behalf of your respective
party).
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Questions - Additional
questions about our General Terms of Service:
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New Ideas Web Services, Inc.
Merrill Lynch Plaza
130 W Main Street
Fort Wayne, IN 46802
USA
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