Terms of Service
Please read this Agreement carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any services. If these terms and conditions are considered an offer by NULOU, acceptance is expressly limited to these terms.
The Platform is not directed to children younger than 13, and service on the Platform is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Platform. Any person who registers as a user or provides their personal information to the Platform represents that they are 13 years of age or older.
- Your NULOUWEB.COM Account and Site. If you create a website on the platform, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and NULOU may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause NULOU liability. You must immediately notify NULOU of any unauthorized uses of your site, your account or any other breaches of security. NULOU will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a site, comment on a site, post material to the Platform, post links on the Platform, or otherwise make (or allow any third party to make) material available by means of the Platform (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines:
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by NULOU or otherwise.
By submitting Content to NULOU for inclusion on your Platform, you grant NULOU a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your site. This license allows NULOU to make publicly-posted content available to third parties selected by NULOU (through the NULOU Platform, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other NULOUWEB.COM users permission to share your Content on other NULOUWEB.COM sites and add their own Content to it (aka to resite your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your site. If you delete Content, NULOU will use reasonable efforts to remove it from the Platform, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, NULOU has the right (though not the obligation) to, in NULOU’s sole discretion (i) refuse or remove any content that, in NULOU’s reasonable opinion, violates any NULOU policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Platform to any individual or entity for any reason, in NULOU’s sole discretion. NULOU will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Optional paid services such as extra storage, or domain purchases are available on the Platform (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay NULOU the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Automatic Renewal.
Unless you notify NULOU before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
- Premium Services/Add-ons.
- Priority Support & Add-ons. Support & Add-on services are provided by NULOU under the terms and conditions for each such service. By signing up for a premium or add-on service, you agree to abide by such terms and conditions and pay NULOU the monthly or annual subscription fees indicated for that service..
- Paid Services.
- Fees & Payment. By signing up for the NULOUWEB.COM platform you agree to pay NULOU the specified monthly or annual fees in exchange for access to the platform’s services. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. NULOU reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. You can cancel your account at anytime to be effective at the end of your current subscription term. Paid account service fees are not refundable.
- Permitted Use. You may use the NULOUWEB.COM platform to develop a product or service that searches, displays, analyzes, retrieves, and views information available on NULOUWEB.COM. You may also use the NULOUWEB.COM name or logos and other brand elements that NULOU makes available in order to identify the source of the information.
- Restricted Use. You may not use the NULOUWEB.COM platform to substantially replicate products or services offered by NULOU, including the republication of NULOUWEB.COM content or the creation of a separate platform. If NULOU believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the NULOUWEB.COM platform may be temporarily or permanently revoked, with or without notice.
- Responsibility of Platform Visitors. NULOU has not reviewed, and cannot review, all of the material, including computer software, posted to the Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the Platform, NULOU does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NULOU disclaims any responsibility for any harm resulting from the use by visitors of the Platform, or from any downloading by those visitors of content there posted.
- Content Posted on Other Platforms. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Platforms and webpages to which NULOUWEB.COM links, and that link to NULOUWEB.COM. NULOU does not have any control over those non-NULOU Platforms and webpages, and is not responsible for their contents or their use. By linking to a non-NULOU Platform or webpage, NULOU does not represent or imply that it endorses such Platform or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NULOU disclaims any responsibility for any harm resulting from your use of non-NULOU Platforms and webpages.
- Copyright Infringement and DMCA Policy. As NULOU asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NULOUWEB.COM violates your copyright, you are encouraged to notify NULOU in accordance with NULOU’s Digital Millennium Copyright Act (“DMCA”) Policy. NULOU will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NULOU will terminate a visitor’s access to and use of the Platform if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of NULOU or others. In the case of such termination, NULOU will have no obligation to provide a refund of any amounts previously paid to NULOU.
- Intellectual Property. This Agreement does not transfer from NULOU to you any NULOU or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NULOU. NULOU, NULOU WEB SOLUTIONS LLC, and/or NULOUWEB.COM, the NULOUWEB.COM logo, and all other trademarks, service marks, graphics and logos used in connection with NULOUWEB.COM, or the Platform are trademarks or registered trademarks of NULOU or NULOU’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any NULOU or third-party trademarks.
- Attribution. NULOU reserves the right to display attribution links such as ‘Powered by NULOU,’ theme author, and font attribution in your site footer or toolbar. Footer credits and the NULOUWEB.COM toolbar may not be altered or removed regardless of upgrades purchased.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Name Registration.
- Changes. NULOU reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NULOU may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. NULOU may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your NULOUWEB.COM account (if you have one), you may simply discontinue using the Platform. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Platform is provided “as is”. NULOU and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NULOU nor its suppliers and licensors, makes any warranty that the Platform will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Platform at your own discretion and risk.
- Limitation of Liability. In no event will NULOU, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NULOU under this agreement during the twelve (12) month period prior to the cause of action. NULOU shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless NULOU, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Platform, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between NULOU and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NULOU, or by the posting by NULOU of a revised version. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Louisville, Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NULOU may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.