By using CEENIC’s products, software, services or web sites ("CEENIC services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at https://www.ceenic.net/ and https://ceenic.biz/. 

 

1. USE OF SERVICES CEENIC Corp., its subsidiaries and affiliated companies, including your domain administrator ("CEENIC") offer CEENIC services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of CEENIC services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify CEENIC of any unauthorized use of your password or account or any other breach of security. CEENIC cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. 

2. APPROPRIATE CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. CEENIC reserves the right, but shall have no obligation to pre-screen, flag, filter, refuse, modify or move any Content available via CEENIC services. You understand that by using CEENIC services you may be exposed to Content that is offensive, indecent or objectionable, and that you use CEENIC services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using CEENIC services and for any consequences thereof. You agree to use CEENIC services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts CEENIC services or servers or networks connected to CEENIC services. In addition to this agreement, your use of some specific CEENIC services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement. You agree to comply with your company's data usage and privacy policies. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence. 

3. By using CEENIC services, you acknowledge and agree that CEENIC may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of CEENIC, its users or the public as required or permitted by law. You understand that the technical processing and transmission of CEENIC services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services. You also understand and agree that your domain administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account. 

4. PROPRIETARY RIGHTS CEENIC's Rights You acknowledge and agree that CEENIC services and any necessary software used in connection with CEENIC services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through CEENIC services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CEENIC or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, CEENIC services or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, CEENIC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by CEENIC in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to CEENIC services. You agree not to access CEENIC services by any means other than through the interface that is provided by CEENIC for use in assessing CEENIC services except as specifically authorized in a separate written agreement. Except as expressly authorized by CEENIC you agree not to use, copy, imitiate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter CEENIC's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the CEENIC services or Software. Your Rights CEENIC claims no ownership or control over any Content submitted, posted or displayed by you on or through CEENIC services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through CEENIC services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through CEENIC services which are intended to be available to the members of the public, you grant CEENIC a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on CEENIC services for the purpose of displaying, distributing and promoting CEENIC services. CEENIC reserves the right to syndicate Content submitted, posted or displayed by you on or through CEENIC services and use that Content in connection with any service offered by CEENIC. CEENIC furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. 

5. SOFTWARE AND AUTOMATIC UPDATES Your use of any Software provided by CEENIC will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. CEENIC Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop CEENIC services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. 

6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. Any use of CEENIC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with CEENIC's current Brand Feature use guidelines.  

7. GENERAL PRACTICES REGARDING USE AND STORAGE You agree that CEENIC has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by CEENIC services. You acknowledge that CEENIC may have set no fixed upper limit on the number of transmissions you may send or receive through CEENIC services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Upon the termination of your use of CEENIC services, including upon receipt of a certificate or other legal document confirming your death, CEENIC will close your account and you will no longer be able to retrieve content contained in that account. 

8. PERSONAL NON-COMMERCIAL USE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of CEENIC services, use of CEENIC services, or access to CEENIC services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement. 

9. MODIFICATIONS TO SERVICE CEENIC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, CEENIC services (or any part thereof) with or without notice. You agree that CEENIC shall not be liable to you or to any third party for any modification, suspension or discontinuance of CEENIC services. 

10. TERMINATION You may discontinue your use of CEENIC services at any time. You agree that CEENIC may at any time and for any reason, including a period of account inactivity, terminate your access to CEENIC services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to CEENIC services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination. 

11. ADVERTISEMENTS Some CEENIC services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the CEENIC services, queries made through CEENIC services or other information. The manner, mode and extent of advertising by CEENIC on its services are subject to change. As consideration for your use of CEENIC services, you agree that CEENIC may place such advertising and that CEENIC shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on CEENIC services or your subsequent dealings with advertisers. 

12. LINKS CEENIC services may provide, or third parties may provide, links to other World Wide Web sites or resources. CEENIC may have no control over such sites and resources and you acknowledge and agree that CEENIC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CEENIC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. INDEMNITY You agree to hold harmless and indemnify CEENIC, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "CEENIC and Partners") from and against any third party claim arising from or in any way related to your use of CEENIC services, violation of the Terms or any other actions connected with the use of CEENIC services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CEENIC will provide you with written notice of such claim, suit or action.

14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF CEENIC SERVICES IS AT YOUR SOLE RISK. CEENIC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CEENIC AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. CEENIC AND PARTNERS DO NOT WARRANT THAT (i) CEENIC SERVICES WILL MEET YOUR REQUIREMENTS, (ii) CEENIC SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CEENIC SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH CEENIC SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CEENIC SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CEENIC OR THROUGH OR FROM CEENIC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 

15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT CEENIC AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CEENIC OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CEENIC SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CEENIC SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CEENIC SERVICES; OR (v) ANY OTHER MATTER RELATING TO CEENIC SERVICES. 

16. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  

17. CONTENT

1. Responsibility for Your Content. You alone are responsible for Your Content, and once posted to CEENIC, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by CEENIC.
   You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

2. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against CEENIC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

3. Ownership. As between you and CEENIC, you own Your Content. We own the CEENIC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of User Content and other Service Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the CEENIC Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the CEENIC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the CEENIC Content are retained by us.

4. Advertising. CEENIC and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

5. Other. User Content (including any that may have been created by users employed or contracted by CEENIC) does not necessarily reflect the opinion of CEENIC. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except as described in CEENIC’s Privacy Policy or otherwise required by law, we have no obligation to retain or provide you with copies of your Content, and we do not guarantee any confidentiality with respect to your Content.