terms & conditions

Your access to and use of the neteffekt website and pages accessible therefrom (the "Website") is subject to and conditioned upon your acceptance in their entirety of these terms of use. Please read these terms of use carefully before using the Website. By accessing and using the Website in any manner, including, without limitation, browsing the Website, you agree to be legally bound by these terms of use. If you do not agree to all of the terms and conditions contained herein, you may not use the Website in any manner.

GENERAL
Access to the Website and the content and functionality contained therein is granted to you solely for the purpose of supplying information concerning neteffekt products and services and for such other purposes as may be specified by neteffekt on the Website. neteffekt reserves the right in its sole discretion to terminate or limit your access to the Website and any associated content and functionality at any time, with or without notice. Without limitation of any express limitation or restriction contained in these terms of use, you may not use the Website or any content or functionality contained therein (a) for any purpose that is unlawful, unethical or otherwise improper; or (b) in any manner that could damage or impair the functioning of any neteffekt server or the network connected to any neteffekt server or otherwise interfere with the intended functioning of the Website, including without limitation via data mining, the use of any robot, spider or other automated device. You may not attempt to bypass or disable any Website, server or network security features, and any attempt to do so will result in immediate termination of your access to the Website and may result in neteffekt seeking civil and/or criminal sanctions.

USE OF WEBSITE CONTENT AND FUNCTIONALITY
neteffekt hereby authorizes you to make a single tangible copy of any content displayed on the Website solely for your own use in evaluating neteffekt services and/or products and provided that (a) you clearly mark such copy "© 2005 neteffekt Ltd. All rights reserved."; (b) you use such copy only for informational and non-commercial purposes; (c) you do not post or distribute the copy in any manner or through any medium; and (d) you do not make or cause to be made any modifications to such copy. No other permission is granted to you to copy, reproduce, distribute, transmit, perform, publicly display or otherwise use any content contained on the Website. Use for any other purpose is expressly prohibited by law, and may be subject to civil and criminal penalties. neteffekt may in its sole discretion make available through the Website certain email functionality, forums, blogs, bulletin board services, and/or other message or communication facilities designed to permit you to communicate with others regarding neteffekt products and services. You agree to use such functionality only for proper and lawful purposes and in accordance with any rules specified by neteffekt. Without limitation of the foregoing, you agree that you will not use or permit others to use such functionality and/or the Website (a) to defame, abuse, harass, threaten or violate the rights of an third party; (b) in connection with unsolicited e-mailing, spamming, chain letters, contests or surveys; (c) to publish or otherwise distribute any inappropriate, profane, defamatory, obscene, pornographic, racist, harassing, unlawful, or otherwise objectionable material; (d) to interfere with any other user's use or enjoyment of the Website or of any neteffekt products or services; (e) to distribute material covered by or containing intellectual property rights of any third party, unless you have obtained all necessary consents and permissions from such third party for such distribution; (f) to advertise or offer to sell or buy any goods or services or for any other commercial purpose; (g) to collect information about any third party, including email and I.P. addresses; or (h) in violation of any applicable laws, rules or regulations or for any improper or malicious purpose.

NO EDITORIAL OBLIGATION ON THE PART OF NETEFFEKT
neteffekt expressly disclaims any obligation to monitor the Website or any services associated therewith. However, neteffekt reserves the right to review any materials posted to the Website and the Communication Services and to remove and/or edit any such materials in its sole discretion and without notice. neteffekt reserves the right at all times to disclose such information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

OWNERSHIP; TRADEMARKS
All copyrights and other intellectual property rights in the Website, including without limitation all software and content included in the Website, are owned by neteffekt Ltd. ("neteffekt"), its affiliates and its licensors. neteffekt (TM), the neteffekt logo, and any other marks used on the Website are trademarks of neteffekt or their respective owners. Such marks may not be used without the prior written consent of neteffekt or their respective owners, as applicable. Any use of such marks, or any others displayed on the Website and any goodwill resulting from such use, will inure solely to the benefit of their respective owners.

UNSOLICITED SUBMISSIONS
Please do not submit unsolicited ideas, suggestions, materials or other information to neteffekt or anyone at neteffekt. In the event that you disregard this policy and submit or otherwise make available any such ideas or materials to neteffekt, (a) you will be deemed to have granted neteffekt and its affiliates permission to use such submission for any and all commercial and non-commercial purposes; (b) you represent and warrant that you own or otherwise control all of the rights to such submission, including without limitation all rights required to grant neteffekt the rights in clause (a), above; (c) you agree that no such submissions will be subject to any obligation of confidentiality on the part of neteffekt or its affiliates; and (d) you agree that no compensation of any nature will be paid by neteffekt or its affiliates with respect to your submission or any use thereof by neteffekt or its affiliates.

LINKING POLICY
Any links to third party websites are provided for convenience only, and such provision should not be construed as a recommendation or endorsement by neteffekt of any such website or any product or service offered thereon. You may link to the neteffekt Website, unless otherwise notified by neteffekt. However, you may not link to or frame the Website or any page thereof in a manner that may cause confusion to neteffekt customers or other third parties.

DISCLAIMER; LEGAL EFFECT THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY NETEFFEKT FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFER FOR SALE NOR A RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED BY NETEFFEKT AND ITS LICENSORS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITE AND ANY SUCH CONTENT IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO SUCH USE. ANY REFERENCE ON THE WEBSITE TO PRODUCTS OR SERVICES OF THIRD PARTIES IS FOR INFORMATION AND COMPARISON PURPOSES ONLY.

LIMITATION OF LIABILITY AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (a) IN NO EVENT WILL NETEFFEKT OR ANY THIRD PARTY BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR INACTION BY YOU IN RELIANCE UPON ANY INFORMATION PROVIDED THROUGH THE WEBSITE; AND (b) THE AGGREGATE LIABILITY OF NETEFFEKT OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, INCLUDING CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) SHALL IN NO EVENT EXCEED £50; STERLING AND (c) IN NO EVENT SHALL NETEFFEKT SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF DATA OR LOST OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREON, EVEN IF NETEFFEKT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions limit the exclusion of implied warranties and damages, so the above limitations and exclusions may not apply to you.

NOTICES OF INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that material posted on the Website infringes your copyright or other intellectual property rights, you agree to provide notice of such suspected infringement to the following person, who is neteffekt's designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512):

INJUNCTIVE RELIEF
You agree that neteffekt and its affiliates would be irreparably harmed by the use by you of the Website in connection with the distribution of unsolicited email or any other violation of these terms of use, and that neteffekt shall be entitled to obtain injunctive relief against any such use (in addition to and without limitation of neteffekt's right to take all lawful measures to halt such activity and all other remedies available to neteffekt at law or in equity) without the necessity of posting a bond or other security in connection therewith.

JURISDICTION; GOVERNING LAW AND VENUE
The Website is controlled and operated from within the European Union, and neteffekt does not represent that the Website is appropriate for use outside the European Union. If you access the Website from outside the European Union, you agree to indemnify, defend and hold neteffekt harmless from and against any claim or loss arising from such access. You are responsible for compliance with all applicable local laws, rules and regulations in your use of the Website. These terms and conditions shall be governed in all respects by the laws of the European Union, without regard to the choice of law provisions of the European Union, and the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. You agree that exclusive jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to these terms of use, the Website or your use thereof shall lie in the European Union.

ENTIRE AGREEMENT; WAIVER; MODIFICATION
These terms of use are the entire agreement between you and neteffekt regarding your access to and use of the Website and any content contained therein, and all other representations, warranties, agreements and understandings concerning the same are hereby excluded, except that in the event of any conflict between these terms of use and the terms of any written agreement between you and neteffekt, the terms of such written agreement shall control. If any provision of these terms shall be held to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the remaining provisions shall remain in full force and effect. neteffekt's delay or failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or of any future breach. These terms and conditions may be modified by neteffekt in writing at any time in its sole discretion, with such modifications to take effect as of the earlier of the posting of such modifications by neteffekt on the Website or neteffekt's delivery of such modifications to you by any means or medium. No other modification of these terms and conditions is permitted.

terms & conditions

related links