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NOOMLE.COM TERMS OF SERVICE TOS

·  DEFINITIONS.

  1. "Agreement" means this agreement between you (the user) and us (Noomle.com) which contains all of the terms and conditions of service that govern your use of our Service.
  2. "Content" means all advertisements, hyperlinks, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, on anything that we host including, but, not limited to our Noomle.com web site or any domain name, name server, or IP address that we host.
  3. "Excluded URL" means a Removed URL or an Inappropriate URL.
  4. "Inappropriate URL" means a URL for which we have reason to believe or have been notified to stand in conflict with Noomle.com’s TOS and acceptance of URL naming conventions, such as:
    1. Adult Domains
    2. Typo Domains (misspelling of dictionary words)
    • You agree not park any domain related to , Violence ,racial intolerance, or advocacy against any individual, group, or organization, Pornography, adult, or mature content , Hacking/cracking , Illicit drugs and drug paraphernalia , Excessive profanity, Gambling or casino-related , Deceptive or manipulative, Sales or promotion of weapons or ammunition, Sales or promotion of beer or hard alcohol, Sales or promotion of tobacco or tobacco-related products ,Sales or promotion of prescription drugs, Sales or promotion of products that are replicas or imitations of designer goods, Sales or distribution of term papers or student essays, Any that is illegal, promotes illegal activity, or infringes on the legal rights of others, Typos domain names are not allowed.
  1. "Our Site" means the URL address, Noomle.com where our Service is offered.
  2. "Service" means the Noomle.com service further described below and in which you are participating.
  3. "URL" means a uniform resource locator and any content or information available at that uniform resource locator.
  4. "We," "our," and "us" means Noomle.com, the company providing the Service.
  5. "You" and "your" means any person or entity that participates in our Service, as well as their agents, assigns, and successors.

·  GENERAL PROVISIONS.

  1. This Agreement:
    1. constitutes the complete and sole agreement between us and you;
    2. supersedes any and all prior agreements, whether written or oral, between us and you;
    3. establishes the terms and conditions of your use at any given time of any of our Service;
    4. explains the obligations and rights arising from your purchase and/or use of our Service;
    5. takes effect upon your first use of our Service; and
    6. shall not terminate except as provided for herein.
  2. As a condition of your use of our Service, you must first read and agree to be bound by all of the terms and conditions of the most current and all subsequent versions of this Agreement.
  3. As a condition of your use of any of our Services or System, you must have adequate legal capacity to enter into binding agreements such as this Agreement.
  4. No portion of this Agreement may be amended or modified by you except by means of a written document signed by us.
  5. We may regularly update, amend, revise, supplement and modify this Agreement and our policies and operating procedures for any reason. Noomle.com may change this agreement as we deem appropriate and the changes shall take immediate effect upon their being posted on our Site.
    1. You are responsible for regularly reviewing this Agreement.
    2. You may not use our Service unless you agree to comply with Noomle.com's terms of service as set forth in this Agreement, as updated from time to time. Should you decline to be bound by any new or recently changed provision of this Agreement, you must immediately discontinue any and all further use by you of our Service and close your account.
    3. Your continued use of any of our Service shall constitute an irrefutable expression of your consent to comply with and be bound by this Agreement.
  6. Our Noomle.com Service enables domain name owners to earn money on the traffic generated to their Domains by inclusion of third party ads:
    • Your site may contain hyperlinks to other sites. We are not responsible for the privacy practices or the content of such third-party sites.
    • Noomle.com does not endorse them, and is not responsible for any aspects of those sites, including but not limited their availability, content, accuracy, legality or delivery of services.
    • You waive any claim resulting from your exposure to material on or through the noomle.com or parked domain’s website, which is offensive, indecent, or otherwise objectionable.
  1. For a domain name to be associated with us, the domain must be listed in your account and directed to us by URL name server change, or pointing to a cname. The nameservers for DNS change are: ns1.noomle.com, and ns2.noomle.com or other name servers as indicated by us. You may point your domains to a cname as provided by us.
  2. You may not have more than one account at any time.
  3. the information and content on your website; including comments and opinions... all the content are not necessarily those of Noomle.com. The content and topics on your website are solely your responsibility

· Retention of Ownership.
While we provide services, you remain the owner and registrant of each domain name for which you elect to use our Service, with all attendant rights and responsibilities. We have no ownership, license, or other interest in the domain name. You have full control over how you use your domain, whether by requesting our services or otherwise. This means that you solely accept and assume all liability for any harm caused by any wrongful acts regarding or use of domain(s) that are using Our Service.

· PRIVACY. We are firmly committed to privacy. Our use of your personal information is regulated as follows:

  1. I.P. Address: We may use your IP address to help diagnose problems with our servers and to administer our Service. We may use cookies to save your password so you do not have to re-enter it each time you visit our site.
  2. Registration Data: Our registration form requires you to provide contact information such as name and email address. We use contact information from the registration form to send you information about us and contact you when necessary.
  3. Hyperlinks. Our Site may contain hyperlinks to other sites. We are not responsible for the privacy practices or the content of such third-party sites.
  4. Cookies. We may permit an ad company to display ads on Our Site that may contain cookies. While we do use cookies in other parts of Our Site, cookies received with banner ads are collected by an ad company. That ad company, and not us, has exclusive control of and access to the information it collects.
  5. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
  6. Security. We follow strong security measures to protect the loss, misuse, or alteration of the personal information under our control.
  7. Permitted Disclosures: We may disclose personal information about you to third parties when the disclosures have been specifically authorized by you or when we believe, in good faith, that such disclosures are reasonably necessary to comply with any applicable law, dispute resolution process, to comply with or enforce this Agreement or when necessary to settle disputes.
  8. any copyright/trademark infringements may cause your account to be suspended and your domain names will be turned off by noomle administration

· PAYMENT.

  1. Provided that you have complied with the terms of this Agreement, you will be enabled to use the Noomle.com service and may subsequently be paid the advertisers that you specified in the setup/administration of each domain you entered into the Noomle.com system.
  2. For details on payments, please visit the TOS of each of the providers you are utilizing on the domain in question in your account.
  3. Noomle.com is NOT a pay service providing revenue to you. Noomle.com is a conduit to enable you to leverage the power of unified web site building with advertiser inclusion.
  4. Presently, Noomle.com does not charge for its services rendered to you.
  5. Noomle.com is however accepting donations at your discretion. Donations are not mandatory and not enforced, suggested or encouraged. You agree that any donation is done by your own free will without the option of asking for a refund.

·  LIMITATION OF LIABILITY.

  1. You agree that Noomle.com will not be liable to you or any other person for any loss that may occur due to:
    1. any act or omission of you or your agent, whether authorized or unauthorized;
    2. the use of or inability to use your domain name or username or password or any other part of our Service, including, but not limited to the inclusion of any third party provider you are utilizing within the Noomle.com service.
    3. access delays or access interruptions to our Service;
    4. the non-delivery or misdelivery of data between us and you or any other person;
    5. events beyond our reasonable control;
  • WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, ARTICLES OR OTHER MATERIALS AVAILABLE THROUGH NOOMLE.COM. YOU ARE ADVISED NOT RELY UPON THEM. WE PROVIDE NOOMLE.COM SERVICE, ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK. NOOMLE, AND ITS EMPLOYEES, DIRECTORS, AND OTHER AUTHORIZED REPRESENTATIVES ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY OF THE SERVICE, OR FOR ANY FORM OF LOSS OR DAMAGE. THIS INCLUDES ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  1. We will not be liable for any direct, indirect, special, incidental, or consequential, or exemplary damages of any kind, including, but not limited to lost profits, goodwill, use, data or other intangible losses regardless of the form of action whether in contract, tort (including negligence), warranty, strict liability or otherwise, even if we have been advised of the possibility of such damages.
  2. Under no circumstances shall we be liable for any delay or failure in performance under this agreement resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control including, but not limited to: Internet failures, computer equipment failures, telecommunication equipment failures (including, but not limited to: back hoe induced fiber failures; loss of connectivity from telecom providers; routing issues; denial of service attacks; and/or other causes of the system to fail to perform), other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, and/or loss of or fluctuations in heat, light, or air conditioning.

· DISCLAIMER OF WARRANTIES. With regard to our service:

  1. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content and non-infringement.
  2. We do not warrant that:
    1. the functions contained will meet your requirements; or
    2. that their operation will be uninterrupted, timely, or error free; or
    3. defects will be corrected.
  3. We do not warrant nor make any representations regarding the use or the results in terms of their correctness, accuracy, reliability or otherwise.
  4. You further agree that:
    1. you use Noomle.com at your sole risk;
    2. we provide our Service to you on an "as-is" and "as-available" basis; and
    3. your use of our Service is done at your own discretion:
    4. you agree that you will be solely responsible for any damage to your computer system or loss of data that may results from any interaction with Noomle.com
  5. Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide any service to you.
  6. No advice or information, whether oral or written, obtained by you from us or any third party shall create any warranty not expressly stated in this Agreement.

· INDEMNITY
You agree to defend, indemnify and hold us and the shareholders, directors, officers, employees, affiliates and agents of us, harmless from and against any and all liabilities, losses, damages or costs, including all attorneys' fees, collection fees and court costs, resulting from any claim, action, proceeding, suit or demand arising out of or related to:

    1. Your use of our service;
    2. Your breach of any part of this Agreement; or
    3. Infringement of any trademark, copyright, or other claim of any kind based upon the rights of any third party or any other basis of infringement in accordance with this Agreement.
    4. Your legal responsibility to observe the TOS agreements with third party advertisers that you should choose to utilize.

· REPRESENTATIONS AND WARRANTIES

  1. You represent and warrant that:
    1. all statements made by you to us or to any other entity or person are true and correct to the best of your knowledge and belief;
    2. any material posted by you shall be considered to be in the public domain and you authorize us to use any such posting without any payment and without any liability to you;
    3. if you post a third party's intellectual property, you are specifically warranting that you have the right to put this material into the public domain;
    4. you agree to notify us of any known or suspected wrongful acts or violations of this Agreement, and your failure to do so shall be deemed a breach of this Agreement;
    5. you are the registrant, or their duly authorized agent, for all of the domains you submit for inclusion in our Service and that none of the domains violates, infringes upon, or in any other way damages or improperly uses any third parties intellectual property, including but not limited to trademarks, service marks, and/or names.
  2. You warrant that you will not use our Service for any purpose that is unlawful or prohibited by these terms and conditions, or that in any manner could damage, disable, overburden, or impair our Service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to our Service, other accounts, our computer system or network connected to our site.

·  BREACH AND REVOCATION.

  1. In the event that you breach any provision of this Agreement, you agree that we reserve the right, at our sole discretion, to immediately terminate your use of our Service without providing any notice to you. You specifically accept this termination clause and waive any right to object to it in any dispute.
  2. In the event we determine that you have or continue to violate this Agreement:
    1. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Service; and
    2. You will be subject to legal, administrative, and technical fees in a reasonable amount for damages incurred by us for any violations of this Agreement.

· DISPUTE FEES AND COSTS.
In the event it is necessary for us to refer any dispute to an attorney, collection agency, or have it resolved in a formal proceeding, we will be entitled to an award of reasonable attorneys' fees, collection fees, and all costs associated with any formal proceedings, regardless of whether suit is eventually filed.
You agree to waive any claim for fees and costs if you fail to provided us with 90 days advance notice of your intent to bring legal action to us, along with a reasonably comprehensive explanation of the basis for the dispute before you file suit.

· SEVERABILITY
In the event that one or more provisions of this agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.

  • THIRD PARTY TOS
    • Using noomle.com service means that you did read, agree and accept the terms and conditions of noomle.com , yahoo publisher 's terms and conditions , Yahoo! Publisher Network Beta Program - Policies , google adsense terms and conditions, Google adsense Program Policy and/or any other provider included in the Noomle.com services.
    • You agree to defend, indemnify and hold us, the shareholders, directors, officers, employees, affiliates and agents, harmless from and against any and all liabilities, losses, damages or costs, including all attorneys' fees, collection fees and court costs, resulting from any claim, action, proceeding, suit or demand arisin, if you are being suspended, punished by Yahoo! Publisher Network, Google Adsense and/or other programs or/and ads providers if you violated their terms and conditions, program-policies, terms and conditions, or any other TOS or policy of other programs or/and ads providers we, are going to serve your adds as is.

    Noomle Directory

  1. You are listed in the Noomle.com Directory at the sole discretion of the Noomle.com
  2. In order to list your site in the Noomle.com Directory, the listed domain MUST be actively hosted through the Noomle.com engine.
  3. You will be delisted Without prior notice, from the Noomle.com Directory if Noomle.com Directory detects that your site is no longer hosted through the Noomle.com engine.
  4. Your Noomle.com Directory listing is a paid listing.
  5. The price for Domain Listings may change without prior notification.
  6.  Should any of your domains become delisted for any reason, no credit is going to be issued and you are required to pay the listing fee again, should you desire to relist your domain name.
  7. Should a domain become delisted in error, please contact Noomle.com administration for assistance.
  8. A domain will be delisted from the Noomle.com Directory if your site is turned “OFF” you’re your control panel for more than 14 days.
  9. Listings and the wording of listings are subject to the editorial discretion of Noomle.com administration.
  10. General guidelines for site descriptions:
    1. No vulgar language
    2. Accurate site description
    3. No misleading facts or data
  11. You may be asked to edit your description for content, if Noomle.com administration requires. Editing can be done at any time and is free of charge.
  12. The terms of this agreement are subject to change without prior notification.
  13. By listing your Noomle.com hosted domain(s) in the Noomle.com Directory, you are accepting the TOS and ensure the Noomle.com administration your compliance at all times.