This Agreement was last modified on December 12, 2002.
This User Agreement ("Agreement" or "User Agreement") is a contract betweenyou and Ni-Frith Media Systems and applies to your use of the Online Messenger Serviceand any related products and services (collectively the "Service"). ThisAgreement affects your rights and you should read it carefully. We encourageyou to print the Agreement or copy it to your computer's hard drive for yourreference. For additional information about the Service and how it works,please also consult the myoms.net website.In this Agreement, "you" or "your" means any person or entity using the Service("Users"). Unless otherwise stated, "OMS," "we" or "our" will refer collectivelyto Ni-Frith Media Systems and its subsidiaries, affiliates, directors, officers, employees,agents and contractors.
By clicking "I Agree", "I Accept"; or by submitting payment information through the Paypal Service for payments to Ni-Frith Media Systems you agree to the terms and conditions of this Agreement, the Ni-Frith Media Systems Privacy Policy, and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contractbetween you and Ni-Frith Media Systems, and that this Agreement constitutes"a writing signed by You" under any applicable law or regulation. Any rightsnot expressly granted herein are reserved by Ni-Frith Media Systems.This Agreement is subject to change by Ni-Frith Media Systems withoutprior notice (unless prior notice is required by law), by posting of therevised Agreement on the myoms.net website. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page.
I. The Legal Relationship between You and Ni-Frith Media Systems
By registering for the Service, you appoint Ni-Frith Media Systems as your provider for the Online Messenger Service. Depending from wich product you buy, we will deliver (i) access to the monthly service or (ii) access to the source code of Online Messenger Service in less than 5 working days after the day we received your payment. If there are any events wich would prevent us from working (like Holidays // Illnes // Networkoutage // etc.) these days are not counted as working days. We provide no support on the source code of OMS so any questions You ask about it, will be directed to the trash bin.
We don't advice You to use OMS as a business critical service. If any damage(financial // physical // etc.) may happen from your usage, Ni-Frith Media Systems cannot be held responsible for it.
II. User Responsibilities
- Eligibility. In order to use the Service, you must have made a payment to Ni-Frith Media Systems. We prefer using Paypal for money transfers, but if you would liketo use a different kind of money transfer please contact us. You must be at least 18 years of age to use the Service. Additionally, if your creditreport reflects an unacceptable level of risk, you will not be eligible to use the service.
- Registration Information. You agree toprovide true, accurate and complete registration information and to maintainand promptly update your information as applicable. You agree not to impersonateany other person or use a name that you are not authorized to use. If anyinformation you provide is untrue, inaccurate, not current, or incomplete,without limiting other remedies, Ni-Frith Media Systems has the right to terminate your useof the Service and Ni-Frith Media System, its agents, suppliers, and subcontractors havethe right to recover from you any costs or losses incurred as a direct orindirect result of the inaccurate or incomplete information.
You authorize Ni-Frith Media Systems, directly or through third parties, tomake any inquiries we consider necessary to validate your registration. Thismay include ordering a credit report and performing other credit checks orverifying the information you provide against third party databases.
- International Use.
IT IS NI-FRITH MEDIA SYSTEM'SASSUMPTION THAT INTERNATIONAL USERS ARE USING OMS ONLYAFTER DETERMINING THAT USING OMS VIOLATESNO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. Ifyou are an international user, you warrant that you are violating no lawor regulation by your use of Ni-Frith Media Systems, and you indemnify us for any and allliability that might arise from your use of OMS.
- Prohibited Transactions.You agree that you will not use OMS for illegal products or services, includingbut not limited to materials that infringe the intellectual property rightsof third parties. You will not use the Service, the myoms.net website orany of the services offered therein for any unlawful or fraudulent activity. If Ni-Frith Media Systems has reason to believe that you may be engagingin or have engaged in fraudulent, unlawful, or improper activity, includingwithout limitation any violation of any terms and conditions of this Agreement,your access to the Service may be suspended or terminated and any paymentsmade to us will not be returned. You will cooperate fully with Ni-Frith MediaSystem to investigate any suspected unlawful, fraudulent or improper activity,including but not limited to granting authorized Ni-Frith Media Systems representatives"guest" or "member" access to any password-protected portions of your website.
You are not allowed to resell our services or resell our products.
- Electronic Communications. To the fullestextent permitted by applicable law, this Agreement and any other agreements,notices or other communications regarding your account and/or your use ofthe Service ("Communications"), may be provided to you electronically andyou agree to receive all Communications from Ni-Frith Media Systems in electronic form. ElectronicCommunications may be posted on the pages within the OMS website and/ordelivered to your e-mail address. You may print a copy of any Communicationsand retain it for your records. All Communications in either electronic orpaper format will be considered to be in "writing," and to have been receivedno later than five (5) business days after posting or dissemination, whetheror not you have received or retrieved the Communication. Ni-Frith Media Systems reservesthe right but assumes no obligation to provide Communications in paper format.If you revoke your consent to receive Communicationselectronically, Ni-Frith Media Systems will terminate your right to use the Service.
- Correct E-mail.You agree and warrant that you have access to the Internet and to a currentfunctional personal e-mail address. Although we will take reasonable stepsto contact you based on information that you have provided us, Ni-Frith MediaSystems will not be liable for any undelivered e-mail communications or anycosts you incur for maintaining Internet access and an e-mail account. Youhave an AFFIRMATIVE OBLIGATION to provide Ni-Frith Media Systems with a correctand operational e-mail address, and to notify Ni-Frith Media Systems promptlyas to any changes or cancellations of any and all e-mail addresses you provideNi-Frith Media System. Failure to provide Ni-Frith Media Systems with acurrent, working, functional, personal e-mail address, and/or failure toupdate Ni-Frith Media Systemsin a change or cancellation of your e-mail address, or if Ni-Frith Media Systems has reasonto believe that either have occurred may result in any or all of the following,non-exclusively: (1) the removal or deactivation by Ni-Frith Media Systems of a non-functionale-mail address from your account; (2) the replacement of a secondary e-mailaddress as a new permanent e-mail address associated with your account; (3)an alteration to your user preferences regarding Ni-Frith Media Systems e-mail notifications;and/or (4) attempts by Ni-Frith Media Systems to reach you personally by phone, fax or postalmail. Ni-Frith Media Systems reserves the right to take measures to ensure the integrityof its contact directory, and expects that you, as a user, will cooperateand keep your contact information current.
- No Spam. You agree not to use email addressesof OMS customers and users to send unsolicited email. The use of spam to promote the Servicehas strict negative consequences. We will immediately and permanently terminatethe account of any User who has sent unsolicited email targeting OMS Users. In addition, you may be subjectto state and federal penalties and other legal consequences under applicablelaw if you send unsolicited email. Our Anti-Spam Policy is intended to protectour users, the Internet, and us.
- Passwords. You may not reveal your accountpassword(s) to anyone else, nor may you use anyone else's password. Ni-Frith Media Systemsis not responsible for losses incurred by Users as the result of their misuseof passwords.
- Closing Your Account. You may close youraccount at any time by contacting us oms@nims.nl. Upon closure of an account, any pending transactionswill NOT be cancelled. You may not use closure of youraccount as a means of evading investigation - if an investigation is pendingat the time you close your account, Ni-Frith Media Systems may continue to hold your service for up to 180 days as appropriate to protect Ni-Frith Media Systems against the risk of reversals. Youwill remain liable for all obligations related to your account even aftersuch account is closed.
- Hacking. If you use, or attempt to usethe Service for purposes other than sending and receiving messages and managingyour account, including but not limited to tampering, hacking, modifyingor otherwise corrupting the security or functionality of Service, your accountwill be terminated and you will be subject to damages and other penalties,including criminal prosecution where available.
- Assignability. You may not transfer anyrights or obligations you may have under this Agreement without the priorwritten consent of Ni-Frith Media Systems. Ni-Frith Media Systems reserves the right to transfer this Agreementor any right or obligation under this Agreement without your consent.
- Indemnification. You agree to indemnifyand hold Ni-Frith Media Systems, its affiliates, officers, directors and employees harmlessfrom any claim, action, demand, loss, or damages (including attorneys' fees)made or incurred by any third party arising out of or relating to your useof the Service.
- Choice of Law. This Agreement is governedby and interpreted under the laws of the Netherlands as suchlaws are applied to agreements entered into and to be performed entirelywithin the Netherlands by Dutch residents.
- Arbitration. Any controversy or claimarising out of or relating to this Agreement or the provision of Servicesshall be settled by binding arbitration in accordance with the commercialarbitration rules of the Dutch law. Any such controversyor claim shall be arbitrated on an individual basis, and shall not be consolidatedin any arbitration with any claim or controversy of any other party.
III. Sending Payments
- Choice of Funding Sources. Ni-Frith Media Systems has chosen PayPal as the payment method. If you like any other payment methods contact us at sales@nims.nl. Ni-Frith Media Systemsreserves the right not accepting the proposed payment method. It is alsoallowed to do direct bank tranfers, contact us for the payment details.
- Multiple Currencies. Ni-Frith Media Systems don't allow multiplecurrencies, so any payments must be done in Euro's only. Paypall has a transferservice so this should not be any problem at all.
- Billing. Ni-Frith Media Systemswill bill you by e-mail. Therefore you must provide us at any time with anaccurate and working e-mail adres. We do not send any bills for the initialstart of the service because you can order them directly from our website.If we cannot contact you by e-mail your service will be closed and you mustprovide us with a working e-mail adress. Bills will be sent out the lastweek of every month wich must be payed within the first week of the new month.If you wish no to be billed per month but per 6 months, or per year pleasecontact us at sales@nims.nl.
- Payments. Ni-Frith Media Systemswill deliver any service after your payment has been received. If this isa one time payment no other billing will occur. If you subscribed to a monthlyservice you'll be charged again about one (1) week before the end of themonth. Your next payment must be received before the end of the first weekof the new month. If this payment is not received, we will discontinue theservice directly without any warning. If you want to enable the service again,you must pay a fine wich is 50% of the setup costs. If however you can proveto us that a delay in payment is not YOUR cause, we wont charge you the 50%setup costs and will enable your service.
IV. Rights, Obligations and Disclaimers of Ni-Frith Media Systems
- Privacy. We take the privacy of your personal information very seriously at Ni-Frith Media Systems.We will not provide any information regarding you or your clients to any 3rd parties.
- Processing. Ni-Frith Media Systems shall make reasonable efforts to ensure that requests are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the service is received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the payment system or international mail service,nor shall we be liable for any actual or consequential damages arising from any claim of delay.
- Closing Accounts and Limiting Account Access.
Ni-Frith Media Systems, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement,upon notice to the User.
Ni-Frith Media Systems, at its sole discretion, also reserves the right to limit access to the service for any one of the events listed below. If your account access has been limited, you will be notified by e-mail and requested to provide information relevant to your account. Ni-Frith Media Systems will investigate the matter promptly. If the investigation is in your favor,we will restore access to your account. If the investigation is not in your favor, Ni-Frith Media Systems may close your account.
- Complaints received regarding your usage of the service;
- Abusing the service for spam and illegal activities;
- Refusal to cooperate in an investigation or provide confirmation of identity when requested;
- Sending unsolicited email or posting referral links on websites or in messages where they are not permitted;
- The account has been used in or to facilitate fraudulent activity;
- Violations of this User Agreement;
- Return of an incoming Electronic Funds Transfer for insufficient funds in the bankaccount, incorrect bank routing number, or incorrect bank account number;
- Use of an anonymizing proxy;
- Participating in prohibited transactions and activities, including but not limited to multi-levelmarketing programs, gifting clubs and other pyramid schemes, and listing items for sale that have a delayed delivery date of 20 days or more after the transaction list, and other activities that are prohibited in Part II of this Agreement;
- Receipt by Ni-Frith Media Systems of excessive complaints regarding your account, business or service;
Ni-Frith Media Systems will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
- Termination. Ni-Frith Media Systems, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you.
- Trademarks. myoms.net, OMS and all related logos, products and services described in this website are either trademarks or registered trademarks or copyrighted by Ni-Frith Media Systems or its licensors, and(aside from the circumstances described in "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Ni-Frith Media Systems. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ni-Frith Media Systems and may not be copied, imitated, or used, in whole or in part, without theprior written permission of Ni-Frith Media Systems.
Notwithstanding the above, HTML logos to promote OMS from your website, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Ni-Frith Media Systems or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsementby OMS. OMS is a messaging service, and no partnership, joint venture,employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Miscellaneous Disclaimers.
- Verification of Users is only an indicationof increased likelihood that a User's identity is correct. Ni-Frith Media Systems shallnot be responsible for any fraud, deception or misrepresentations by Users,whether or not the User is Verified.
- Ni-Frith Media Systems willnot have any liability in connection with any unauthorized interception oruse of data relating to you or the OMS service; any inability by you to useor access the service or the OMS website for any reason; any actions or transactionsby an individual that uses your user name and password with your consentor knowledge; or any cause over which Ni-Frith Media Systems. does not have direct control, includingproblems attributable to computer hardware or software (including computerviruses), telephone or other communications, or Internet service providers.
- In no event shall Ni-Frith Media Systems be liable (A) fordamages caused other than by intentional misconduct or (B) for any indirect,special, incidental, consequential or punitive damages whatsoever (including,but not limited to, damages for lost profits, disclosure of confidentialinformation, or loss of privacy), arising out of or in any way related toyour use of or inability to use the Service or the OMS website, even if Ni-Frith Media Systems has been advised of the possibility of such damages. In no eventshall Ni-Frith Media Systems be liable for any act or omission of any third party (suchas, for example, any provider of telecommunications services, internet accessor computer equipment or software) or any circumstances beyond our control(such as, for example, a fire, flood, or other natural disaster, war, riot,strike, act of civil or military authority, equipment failure, computer virus,or failure or interruption of electrical, telecommunications or other utilityservices).
V. Error Resolution
- Itis very important that you contact us at once if you believe your user IDor password has been compromised, or if someone is using your service without your permission. Notifying us quicklylimits your liability:
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