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NIKI LIME
TERMS OF SERVICE
PART I: TERMS APPLICABLE TO ALL OF
NIKI LIME SERVICES
These NIKI LIME Terms of Service comprise
a legal agreement between you and
NIKI LIME and governs your use of NIKI
LIME SERVICES. BY SUBSCRIBING to the
NIKI LIME SERVICE, YOU AGREE TO BE BOUND
BY THE TERMS OF THESE TERMS OF SERVICE
AND THE ADDITIONAL TERMS, AS MODIFIED
FROM TIME TO TIME. If you do not agree
to these Terms of Service and the
Additional Terms do not subscribe to or
use the NIKI LIME services.
NIKI LIME is made up of a network, and
network of Web sites and Web pages
operated by NIKI LIME and its affiliates
and of various products and services
which are provided by NIKI LIME, its
affiliates or third party service
providers. These Web sites, Web pages,
products and services will be
collectively referred to in this
Agreement as "NIKI LIME" or the "NIKI
LIME
Network." "You" means You, Your company,
Your employees, and anyone who has
access to use your NIKI LIME account. You
must be at least eighteen (18) years of
age to subscribe to and use any NIKI
LIME
service or product.
The general provisions in Part I of
these Terms of Service apply to the
NIKI LIME Network and to all of the
products and services provided through
the NIKI LIME network. The provisions in
Part II of these Terms of Service are
additional provisions that apply to the
particular NIKI LIME product(s) or
service(s) described in each section of
Part II. Each applicable NIKI LIME Web
site, product or service may have other
posted guidelines or rules (the
"Additional Terms"). All such Additional
Terms are incorporated by reference into
these Terms of Service.
The NIKI LIME Network is offered to you
on the condition that you accept these
Terms of Service and the Additional
Terms without modification. You agree to
familiarize yourself with, and to
regularly review, the Terms of Service,
the Additional Terms, and other terms
and guidelines found throughout the
NIKI LIME Network and abide by them if
you choose to use the sites, or accept
the products, services or benefits, to
which such terms apply.
NIKI LIME reserves the right to change
any of the Terms of Service and any
Additional Terms at anytime without
notice. If you continue to use the
NIKI LIME Network after any such changes,
your continued use will constitute your
consent to such changes. NIKI LIME does
not and will not assume any obligation
to notify you of any changes to the
Terms of Service or Additional Terms.
Any rights not expressly granted herein
are reserved by NIKI LIME. In addition
your registration information and other
information about you is subject to our
Privacy Statement located at http://www.NIKI
LIME.com
WARRANTIES
By subscribing to any service
offered on the NIKI LIME site, you make
the following representations and
warranties. NIKI LIME shall have the
right to terminate your NIKI LIME
account, without notice at any time, if
any representation warranty made by you
proves to be untrue in any respect.
You represent and warrant that:
You and all users of the NIKI LIME
Network approved by you are at least
eighteen (18) years of age; you have the
legal capacity and authority to; (a)
enter into binding contracts for the
sale and purchase of goods and services,
(b) be bound by these Terms of Service
and the Additional Terms, (c) to
subscribe to and use the NIKI LIME
service in accordance with these Terms
of Service and any Additional Terms and
(d) if you are acting in a corporate
capacity, to bind your company.
You will not use the NIKI LIME Network
for any purpose that is unlawful, or
prohibited by these Terms of Service or
the Additional Terms (as may be modified
from time to time); All information
supplied by you or by others using your
account is true and accurate, including
information submitted as part of the
registration and subscription process;
Any products or services advertised,
sold or otherwise distributed by you on
or in connection with your Web Site are
legal for sale or distribution; that you
have all licenses necessary to sell or
advertise the goods or services offered
for sale or distribution and that all
sales and advertisements will be in
compliance with applicable law; and you
have and control all of the intellectual
property, proprietary and similar rights
necessary for all material located on
your Web Site, all submissions, and all
products and services sold or otherwise
distributed by you or on your behalf via
your Web Site.
By using the NIKI LIME Network, you agree
that you will defend and indemnify
NIKI LIME and its suppliers from any
third party claim related to a breach of
any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE
NIKI LIME NETWORK
The NIKI LIME Network is provided to
assist you with the operation of your
business. Your right to use the NIKI
LIME
Network is limited to you, and your
Company and its employees. You are
solely responsible for your content and
you’re Web site and your NIKI LIME
account. NIKI LIME reserves the right,
but is not obligated, to monitor or to
review materials posted on your Web site
and to monitor your compliance with
these Terms of Service and the
Additional Terms. NIKI LIME reserves the
right in its sole discretion to, refuse
to post or remove any information or
materials which violate these Terms of
Service or the Additional Terms in whole
or in part, without notice at any time.
You may not modify, copy, distribute,
transmit, display, perform, reproduce,
publish, license, create derivative
works from, transfer, or sell any
information, software, products,
services or benefits obtained from the
NIKI LIME Network, except as expressly
provided herein.
You may not use a name in connection
with operating your Web site that is
confusing or misleading to participants,
or otherwise impersonate or deceive
participants with respect to your
identity.
You may not restrict or inhibit any
other user from using and enjoying such
user's rights in NIKI LIME.
You may not interfere with or disrupt
the NIKI LIME Network or servers or any
network connected to NIKI LIME.
You may not use the NIKI LIME Network or
the products or services provided
through or in connection with the
NIKI LIME Network to:
rent, lease, license, grant a security
interest in, or otherwise transfer or
sublicense your rights hereunder to any
third party; defame, libel, slander,
impersonate, abuse, harass, threaten,
invade the privacy of or otherwise
violate or infringe the legal rights
(including the rights of privacy and
publicity) of any other person; conduct,
promote or forward illegal contests,
pyramid schemes, chain letters,
unsolicited or unauthorized advertising,
promotional materials, unsolicited
e-mail ( including "spamming") or
multi-level or illegal marketing
campaigns; harm minors in any way;
publish, post, distribute, disseminate,
advertise or link to any: (i) content,
site, topic, name, material or
information which is inappropriate,
profane, defamatory, libelous,
slanderous, infringing, obscene,
indecent, or which contains nudity or
adult content; (ii) software, content or
other material protected by intellectual
property laws, copyright licenses,
rights of privacy or publicity, or other
proprietary rights, unless you own, or
control such rights or have received all
necessary consents for your publication,
distribution, or linking of such
software and other materials; (iii)
software, content or other material that
contains viruses, worms, corrupted
files, cracks or that may or are
intended to damage the operation of or
render inoperable another's computer,
hardware, software, security measures or
system or other programs written to
defeat the security measures of any
computer, system or programs; (iv)
software, content, other material or Web
site that constitutes "hate speech",
whether directed at an individual or a
group, and whether based upon the race,
sex, creed, national origin, religious
affiliation, sexual orientation or
language of such individual or group;
sell, offer to sell, distribute,
promote, facilitate, disseminate or link
to any sites for marketing, sales,
promotion, facilitation or distribution
of: firearms; explosives; ammunition;
liquor; tobacco products; illegal
gambling (including gambling in
connection with sporting events); food
that is not packaged or does not comply
with all applicable laws for sale to
consumers by commercial merchants;
illicit drugs, pharmaceuticals and
controlled substances; counterfeit,
pirated or stolen goods; any goods or
services that infringe or otherwise
violate a third party's rights including
copyright, patent, trademark, or rights
of publicity or privacy; goods that are
considered indecent, obscene or
pornographic; Nazi memorabilia;
registered or unregistered securities;
goods or services that you cannot
legally sell; goods which are
misrepresented or which do not in fact
exist; fraudulent goods; goods or
activities that if sold via any NIKI
LIME
services or your Web site would cause
NIKI LIME to violate any law, statute or
regulation; or any other illegal
activity; harvest or otherwise collect
information about third parties,
including e-mail addresses, without the
express consent of such third parties;
violate any applicable government laws
or regulations.
You may not reproduce or redistribute
any Software, as that term is defined in
the Section entitled "Software Available
on the NIKI LIME Network." You may not
copy or reproduce the Software to any
other server or location for further
reproduction or redistribution. You may
not decompile, disassemble, reverse
engineer or otherwise attempt to
discover any trade secret contained in
the NIKI LIME Network, or in any product,
service or Software provided through the
NIKI LIME Network.
The information provided by NIKI LIME to
you may be proprietary in nature. You
agree not to share any information
provided to you by or on behalf of
NIKI LIME with any third party.
FEES
Some products and services available
through or in connection with NIKI LIME
require that you purchase a subscription
or otherwise pay a fee. If paying by
credit card, you hereby authorize
NIKI LIME to charge your credit card in
advance for all applicable fees incurred
by you or on your behalf in connection
with your use of the NIKI LIME product or
service you have chosen to use. You are
solely responsible for all charges,
fees, duties, taxes, and assessments
arising out of any use of your NIKI LIME
account by you or anyone else using your
account. NIKI LIME reserves the right to
modify the fees charged for NIKI LIME
products and services from time to time,
provided that such new fees shall not
take effect earlier than thirty (30)
days after NIKI LIME notifies you via
email or otherwise of such modified
fees. Amounts not paid by you to
NIKI LIME when due may bear interest at
the lesser of (a) one and one-half
percent (1.5%) per month, and (b) the
maximum rate permitted by applicable
law.
If you notify NIKI LIME by phone at the
number found on the cancellation policy
page of the NIKI LIME website or in
writing that you are canceling one or
more NIKI LIME services or products, fees
pre-paid by you to NIKI LIME for NIKI
LIME
products or services will be credited
back to your applicable credit card in
accordance with the cancellation policy.
NIKI LIME is not required to refund
directly to you any amounts paid
hereunder. It is your responsibility to
notify NIKI LIME if your credit card has
changed or has expired and to make
appropriate changes or your service may
be disconnected or interrupted.
In the event that NIKI LIME terminates
your NIKI LIME account or one or more of
your NIKI LIME services for violation of
these Terms of Service or the Additional
Terms, you will not be entitled to the
return of any fees paid with respect to
any such terminated account service.
CANCELLATION POLICY
You acknowledge that if you cancel any
subscriptions to an NIKI LIME service
that you may not be entitled to a refund
of all or part of amounts already paid
by you for such NIKI LIME subscription.
You agree that (a) NIKI LIME's
cancellation policy will be posted on
the NIKI LIME Web site and may be changed
from time to time by NIKI LIME in its
sole discretion and (b) the cancellation
policy posted at the time you cancel
your subscription shall govern the
amount of the refund (if any) due to
you.
CHANGES TO SERVICES, TERMINATION BY
NIKI LIME
NIKI LIME may change any of the
NIKI LIME services at any time and from
time to time without notice, including
terminating the offering of any NIKI
LIME
service altogether.
NIKI LIME may terminate your account,
your access to NIKI LIME or any of your
NIKI LIME services (in whole or in part)
at any time, with or without cause, and
with notice. You may be barred from
accessing any of your NIKI LIME services
or from using the NIKI LIME Network or
from receiving any products, services or
benefits from NIKI LIME, if NIKI LIME
determines you have violated these Terms
of Service or any Additional Terms, if
you have failed to remit any applicable
subscription fees when due, if any
representation or warranty made by you
is untrue in any respect or if NIKI LIME
receives a court order or other legal
action relating to your account. In
addition, if you violate any of these
Terms of Service, or any applicable
Additional Terms you will forfeit all
in-kind credits and any other amounts
accruing to you (if any) in connection
with the NIKI LIME Network and there will
be no refund of any fees prepaid by you.
If you subscribe to a NIKI LIME service
which is made up of two or more
individual services and you violate the
Terms of Service applicable to one of
such individual services, (1) your use
of the particular individual service
will be terminated, but the remaining
services will remain active and (2)
there will be no refund (in whole or in
part) of your fee for the NIKI LIME
service terminated. You will be
responsible for all fees incurred during
your subscription and payment of such
fees shall be due immediately upon
termination of your subscription.
LINKS TO THIRD PARTY SITES
Links within the NIKI LIME Network may
let you leave the NIKI LIME Network. You
acknowledge that the linked sites are
not under the control of NIKI LIME and
that NIKI LIME is not responsible for the
contents or operation of such linked
sites or any link contained in such
linked site, any changes or updates to
such sites, or Web casting or any other
form of transmission received from any
linked site. NIKI LIME is providing these
links to you only as a convenience, and
the inclusion of any link does not imply
endorsement by NIKI LIME of the linked
site or any association with their
operators.
LICENSE YOU GRANT TO NIKI LIME
NIKI LIME does not claim ownership of
the materials you provide to NIKI LIME
(including feedback and suggestions) or
that you post, upload, input or submit
in connection with your use of NIKI LIME
or any Web site ("your Web Site")
created by you or on your behalf in
connection with the use of NIKI LIME
(collectively "Submissions"). However,
you grant NIKI LIME a royalty-free
license to use (including, without
limitation, the rights to: copy,
distribute, transmit, publicly display,
publicly perform, reproduce, edit,
translate, sublicense and reformat your
Submission, and to publish your name in
connection with your Submission) your
Submission only in connection with the
operation and promotion of NIKI LIME. You
also grant NIKI LIME the right to publish
your name in connection with any such
use. No compensation will be paid or due
you with respect to NIKI LIME or its
sublicensee's use of the materials as
licensed above. NIKI LIME is under no
obligation to post or use any materials
you may provide, and may remove such
materials at any time in NIKI LIME's sole
discretion. By posting messages,
submitting any feedback or suggestions,
or engaging in any other form of
communication with or through the
NIKI LIME Network, you represent and
warrant that you own or otherwise
control the rights necessary to do so
and to grant NIKI LIME the license set
forth above, and you will defend and
indemnify NIKI LIME and its suppliers
from any third party claim related to a
breach of any of the foregoing
representations or warranties.
LIMITATIONS OF LIABILITY AND
DISCLAIMERS
The information, software, products,
services and other material included in
or available through the NIKI LIME
Network may not be complete, and may
include inaccuracies or errors, and may
also be modified, discontinued or
deleted from time to time without
notice. Advice, information, products,
services or other materials received via
the NIKI LIME Network should not be
relied upon for personal, medical,
legal, business, financial or other
decisions and is not intended to replace
the advice of appropriate and qualified
professionals. You acknowledge that you
should consult an appropriate
professional for specific advice
tailored to your situation.
Your access to and use of the NIKI LIME
Network, and products and services of
NIKI LIME, is at your own risk. NIKI
LIME
makes no guarantees of any kind
regarding the dependability, accuracy,
security, timeliness or availability of
the NIKI LIME Network, or such products
or services except as noted in PART II
of these Terms of Service for individual
products or services. Without limiting
the foregoing, NEITHER NIKI LIME NOR ITS
RESPECTIVE SUPPLIERS MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE
CONDITION, SUITABILITY, RELIABILITY,
AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN
NIKI LIME FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
NIKI LIME AND ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL NIKI LIME OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS,
REVENUES OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF NIKI LIME OR RELATED
SERVICES, OR WITH THE DELAY OR INABILITY
TO USE NIKI LIME OR RELATED SERVICES; THE
PRONIKI LIMEION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH NIKI LIME; OR
OTHERWISE ARISING OUT OF THE USE OF
NIKI LIME, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF NIKI LIME OR ANY OF
ITS SUPPLIERS HAS BEEN ADNIKI LIMEED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION
OF NIKI LIME, OR WITH ANY OF THESE TERMS
OF SERVICE OR THE ADDITIONAL TERMS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE NIKI LIME NETWORK
AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, NIKI
LIME
is not responsible for any of your data
residing on NIKI LIME and NIKI LIME
Network hardware or systems, including
such hardware or systems provided to
NIKI LIME by third parties. You are
responsible for maintaining and
backing-up your data and information
that may reside on the NIKI LIME or
NIKI LIME hardware or systems, including
such hardware or systems provided to
NIKI LIME by third parties, whether or
not such information is produced through
the use of NIKI LIME, including any
information regarding the operation or
use of your Web site, catalogs, lists,
order records, and other information you
are providing or using in connection
with your use of the NIKI LIME Network
except as noted in PART II of these
Terms of Service as it pertains to
NIKI LIME™. It is your responsibility to
take the necessary steps to ensure your
primary means of business is maintained.
NIKI LIME will not be liable for any
damage, loss or disclosure of data,
accounts, revenue or business arising
out of or otherwise related to: (a) your
use of the NIKI LIME Network, its
services or products; (b) your
customers' use of your Web site hosted
by or created through NIKI LIME and your
products and services; (c) use of the
NIKI LIME Network by any other party to
whom you have given access to your
company information for use of the
NIKI LIME Network; (d) errors, bugs or
other defects in the NIKI LIME Network;
(e) lost company, customer or vendor
information (e.g., billing information,
credit card numbers, lost orders, etc.);
(f) illegal or criminal activities,
including but not limited to reliance on
any information obtained on the NIKI
LIME
Web Hosting service; or (g) or that
result from mistakes, omissions,
interruptions, deletion of files or
e-mail, loss of or damage to data,
errors, defects, viruses, delays in
operation, or transmission, or any
failure of performance, whether or not
limited to acts of God, communications
failure, theft, destruction or
unauthorized access to NIKI LIME's
records, programs or services. You are
solely responsible for maintaining and
backing-up any information regarding the
operation or use of your Web site,
catalogs, lists, order records, and
other information you are providing or
using in connection with your use of the
NIKI LIME Network.
NIKI LIME is not liable for your actions
with your customers or vendors, or the
use of their information, or for any
other actions arising from your use, or
the use of other parties to whom you
have given access to your NIKI LIME
information, through the use of the
NIKI LIME Network.
NIKI LIME is not involved in any
transaction between you and your buyer
or seller or other third parties with
whom you may have transactions through
your Web site or between you and any
user of any products or services offered
or provided by you or by a third party
through the NIKI LIME Network. NIKI LIME
is not responsible for screening,
censoring or otherwise controlling your
Web Site, or any listings or
transactions offered or conducted via
your Web Site. You are deemed to have a
direct commercial relationship with each
third party that purchases goods or
services from or undertakes any other
transaction with you via your Web site
or through NIKI LIME. NIKI LIME is not
acting as your or any third party's
agent in connection with the operation
of NIKI LIME. You are solely responsible
for: (a) processing customer orders or
other transactions; (b) verifying the
validity of incoming customer orders
before finalizing the order; (c)
informing customers of the status of
such orders or transactions; (d)
providing all customer support related
to such orders or transactions (e.g.,
lost orders, billing disputes, payments,
etc.); and, (e) determining, collecting
and remitting to the appropriate
authority all taxes (if any) arising
from or related to such orders or
transactions. Further, because NIKI LIME
is not involved in any orders or other
transactions between you and other users
of NIKI LIME or other marketplace forums,
NIKI LIME cannot and will not be involved
in resolving any disputes relating to
any completed or uncompleted
transactions or the purchase or sale of
listed goods or otherwise.
Unless otherwise expressly stated in
these Terms of Service, your payments
for orders or transactions conducted via
your Web Site or on any NIKI LIME service
will be paid to you directly from your
designated acquiring bank, customers or
other appropriate source ("payor").
NIKI LIME is not responsible for such
payment, and will have no liability for
any lost, disputed or fraudulent payment
or tenders of payment, or other disputes
arising between you and customers or
payors. NIKI LIME makes no guarantee
about the reliability or accuracy of
these products or services, or the
results obtained from using NIKI LIME.
INDEMNITY
You agree to defend, indemnify and hold
NIKI LIME and its suppliers harmless from
and against any and all claims, losses,
liability costs and expenses (including
but not limited to attorneys' fees)
arising from your violation of these
Terms of Service (including, without
limitation, violation of applicable
Additional Terms), or any third-party's
rights, (including, without limitation,
infringement of any copyright, violation
of any proprietary right and invasion of
any privacy rights). These obligations
will survive any termination of your
relationship with NIKI LIME or your use
of NIKI LIME.
ACCESS RESTRICTION; ACCOUNT SECURITY
AND PASSWORDS
NIKI LIME reserves the right to deny in
its sole discretion any user access to
NIKI LIME or any portion thereof without
notice.
You are responsible for safeguarding the
confidentiality of your account
information (including password(s) and
user name(s) issued to you) and for any
use or misuse of your account or the
NIKI LIME Network resulting from any
third party using a password or user
name issued to you. You agree to notify
NIKI LIME immediately of any known or
suspected unauthorized access to or use
of your account, your password, the
password of any individual user to whom
you have issued a login ID or any other
breach of security or misuse of the
NIKI LIME Network known to or suspected
by you. You may change your password at
any time by following instructions on
the NIKI LIME Web site.
You hereby authorize NIKI LIME to rely on
any data, notice, instruction or request
furnished by you to NIKI LIME, or that
NIKI LIME reasonably believes to have
been furnished by you. You are solely
responsible for maintaining the
confidentiality of your account
information and monitoring usage of your
account. NIKI LIME is not responsible for
fraud of participants or of other users
of your account.
YOUR CUSTOMER DATA
NIKI LIME will not use your customer data
or your customer contact list for any
purposes other than those intended by
the NIKI LIME Network. Your customer
information will not be shared with any
other parties, unless you are also
subscribing to an NIKI LIME service where
one of the features of such service is
the sharing of customer information
between the services. NIKI LIME will not
use your customer information for the
purpose of sending unsolicited
commercial e-mail to such customers.
GENERAL
You agree that no joint venture,
partnership, employment, or agency
relationship exists between you and
NIKI LIME as a result of these Terms or
Service or use of NIKI LIME.
NIKI LIME's performance of this agreement
is subject to existing laws and legal
process, and nothing contained in these
Terms of Service are in derogation of
NIKI LIME's right to comply with
governmental, court and law enforcement
requests or requirements relating to
your use of the NIKI LIME Network or
information provided to or gathered by
NIKI LIME with respect to such use.
If any part of these Terms of Service or
the Additional Terms is determined to be
invalid or unenforceable pursuant to
applicable law including, but not
limited to, the warranty disclaimers and
liability limitations set forth above,
then the invalid or unenforceable
proNIKI LIMEion will be deemed superseded
by a valid, enforceable proNIKI LIMEion
that most closely matches the intent of
the original proNIKI LIMEion and the
remainder of these Terms of Service and
the Additional Terms shall continue in
effect.
Unless otherwise specified herein, these
Terms of Service, the Additional Terms
and the Privacy Statement constitute the
entire agreement between the user and
NIKI LIME with respect to the NIKI LIME
Network and they supersede all prior or
contemporaneous communications and
proposals, whether electronic, oral or
written, between the user and NIKI LIME
with respect to the NIKI LIME Network.
A printed version of these Terms of
Service and of any notice given in
electronic form shall be admissible in
judicial or administrative proceedings
based upon or relating to these Terms of
Service to the same extent and subject
to the same conditions as other business
documents and records originally
generated and maintained in printed
form.
The example companies, organizations,
products, people and events depicted
within NIKI LIME are fictitious. No
association with any real company,
organizations, product, person or event
is intended or should be inferred.
NIKI LIME is not obligated to monitor the
content on NIKI LIME. NIKI LIME reserves
the right to disclose any information,
content, or materials as necessary to
satisfy any applicable law, regulation,
legal process or government request or
in accordance with NIKI LIME's Privacy
Statement located at http://www.NIKI
LIME.com/privacy.htm.
NIKI LIME reserves the right to edit,
refuse to post or to remove any
information, content, or materials, in
whole or in part, from the NIKI LIME Web
sites, in NIKI LIME's sole discretion,
without notice at any time.
Any rights not expressly granted herein
are reserved by NIKI LIME, including all
legal and equitable remedies available
to NIKI LIME or violation of any of these
Terms of Service.
TRADEMARKS
NIKI LIME is either a trademark or
registered trademark of NIKI LIME
Corporation. The names of actual
companies and products mentioned herein
may be the trademarks of their
respective owners.
Any rights not expressly granted herein
are reserved by NIKI LIME.
SERVICE CONTACT
If you need to contact NIKI LIME
regarding the NIKI LIME Network, please
NIKI LIME our contact listings page or
send e-mail via our Contact Us form at
http://www.NIKI LIME.com
PART II: TERMS APPLICABLE TO SPECIFIC
NIKI LIME PRODUCTS AND SERVICES
Click on the product or service name
below to view the specific Terms of
Service and guidelines related to that
product or service.
Web Hosting
DSL Internet Service
Telephone Support
NIKI LIME WEB HOSTING
Web Hosting provides hosting
services for Web sites on the Internet.
Using various Web authoring tools,
customers can create a Web site and post
it on the Internet.
Your use of NIKI LIME Web Hosting may be
subject to a size limitation as posted
from time to time on the NIKI LIME Web
Hosting website. NIKI LIME NIKI LIME may
change this size limitation from time to
time. NIKI LIME will provide 30 days
notice when size limitations change.
NIKI LIME reserves the right, but is not
obligated, to review materials posted by
or on your behalf to any Web site
created by you and/or hosted by NIKI
LIME
pursuant to the NIKI LIME Web Hosting
service ("your Web Site"), and to remove
any such materials in NIKI LIME's sole
discretion. If NIKI LIME determines in
its sole discretion that you are
violating these Terms of Service or any
Additional Terms applicable to the
NIKI LIME Web Hosting service, NIKI LIME
may (a) suspend your Web Site from
NIKI LIME Web Hosting (e.g., make your
Web Site inaccessible to third parties)
and/or (b) terminate your NIKI LIME Web
Hosting account. If NIKI LIME does either
of the foregoing, NIKI LIME may charge
you a fee, as determined by NIKI LIME in
its discretion, to reinstate your Web
Site and your access to NIKI LIME Web
Hosting.
NIKI LIME may terminate Web Hosting or
your access to Web Hosting at any time,
upon thirty (30) days' notice. Your sole
remedy for a failure of the NIKI LIME Web
Hosting service is to cancel the
NIKI LIME Web Hosting service. NIKI LIME
will not be liable for any damages to
you in connection with the termination
or cancellation of your NIKI LIME Web
Hosting service. You are solely
responsible for the continuation and/or
termination of any relationships or
agreements that you entered into with
third parties pursuant to your use of
NIKI LIME Web Hosting or your Web Site.
NIKI LIME will not be obligated to
provide you with access to any stored
e-mail or content related to your
account. Your only right with respect to
any dissatisfaction with any terms,
rules, policies, guidelines, or
practices of NIKI LIME in operating the
NIKI LIME Web Hosting service, any change
in the content of the NIKI LIME Web
Hosting service, or any change in the
amount or type of fees charged in
connection with the NIKI LIME Web Hosting
service, is to terminate your service by
delivering notice to NIKI LIME, effective
the day NIKI LIME receives notification
of termination.
For purposes of identification, billing
and marketing, you must provide NIKI
LIME
with accurate, complete, and updated
information required by the registration
to the For purposes of identification,
billing and marketing, you must provide
NIKI LIME with accurate, complete, and
updated information required by the
registration to the NIKI LIME Web Hosting
service, including your legal name,
address, telephone number(s), and
applicable payment data (for example, a
credit card number and expiration date)
("Member Registration Data"). You must
notify NIKI LIME within 30 days of any
changes in your Member Registration
Data.
This agreement applies to all accounts,
sub-accounts, and alternative account
names associated with your principal
account. You are responsible for the use
of each of your accounts, whether used
under any name or by any person, and for
ensuring full compliance with this
agreement by all users of that account.
An NIKI LIME Web Hosting service account
may not be transferred. You are
responsible for maintaining the
confidentiality of your passwords. In
the event of a breach of security
through your account, you will be liable
for any unauthorized use of the NIKI
LIME
Web Hosting service until you notify
NIKI LIME customer service.
You are responsible for all charges (for
example, ADSL or ISDN charges)
associated with connecting to the
NIKI LIME Web Hosting service through an
available access number. You are
responsible for obtaining or providing
all telephone access lines, telephone
and computer equipment (including
modem), or other access device,
necessary to access the NIKI LIME Web
Hosting service. You are responsible for
determining whether the access number
you use to connect to the NIKI LIME Web
Hosting service will obligate you to pay
telephone use charges to your telephone
company, NIKI LIME encourages you to
contact your local telephone company to
confirm that the call you are making is
not a toll-charge. You are responsible
for all activities and charges resulting
from use of your principal account on
the NIKI LIME Web Hosting service. You
agree to pay NIKI LIME the then-current
monthly charges for the NIKI LIME Web
Hosting service, along with any
surcharges, applicable taxes and other
charges incurred by you or other users
of your account via valid credit or
other agreed upon method of payment. You
agree that NIKI LIME may pre-charge your
monthly or annual service fee to the
credit card supplied by you during
registration. If NIKI LIME does not
receive the full amount of your NIKI
LIME
Web Hosting service account balance
within 30 days of the invoice date or
billing date, the lesser of an
additional 1.5%, or the highest
percentage allowed by law, of the
outstanding balance may be added to your
bill as a late charge each month and
will be due and payable immediately. The
specific service you have chosen may
offer you the choice of additional
payment terms, including without
limitation pre-payment terms. NIKI LIME
reserves the right to increase fees,
surcharges, monthly subscription fees or
to institute new fees at any time upon
30 days prior notice. NIKI LIME may
reduce any fees at any time without
notice.
If NIKI LIME
assigns you an Internet Protocol address
for your use of the NIKI LIME Web Hosting
service, the right to use that Internet
Protocol address will belong only to
NIKI LIME, and you will have no right to
use that Internet Protocol address
except as allowed by NIKI LIME in its
sole discretion in connection with the
plan you have selected, during the term
of this agreement. NIKI LIME makes no
guarantee about the reliability or
accuracy of these products or services,
or the results obtained from using
NIKI LIME Web Hosting.
NIKI LIME DSL INTERNET SERVICE
NIKI LIME will provide you with access to
NIKI LIME DSL Internet Access Service
(the "Service") in accordance with the
terms of this Agreement. The Service
consists of: (a) access to the Internet,
(b) use of an electronic mail account or
multiple accounts where available, (c)
web email messaging.
The Service is available seven days a
week, except for regularly scheduled
maintenance. NIKI LIME may, at anytime,
without notice or liability, restrict
the use of the Service or limit its time
of availability in order to perform
maintenance activities and to maintain
session control.
Where available, DSL customers may use
their DSL accounts to connect through an
analog or ISDN connection, but these
connections will be subject to usage
thresholds and additional per hour and
monthly charges, depending on the
service offering to which you have
subscribed.
NIKI LIME PHONE SUPPORT
The NIKI LIME Subscriber Phone Support
Service provides customer and technical
service support, with live telephone
customer service representatives, for
subscribers to NIKI LIME products and
services.
The NIKI LIME Subscriber Technical
Support offers unlimited telephone
support during certain hours and days.
The Service is provided without
additional charge for all NIKI LIME
clients. |