Terms of Use Agreement / Acceptable Use Policy

If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us at privacy (AT) Niveda.com.

Welcome to Niveda Media ("Niveda.com”, "and/or all other sub domain name dot Niveda dot com"), the place for people to register domains, open email accounts, host websites, revenue generating opportunities, read a variety of business ideas and opinions, search the web, register with search engines, and engage in other activities and services. By using the Niveda.com web site, whether browsing pages, clicking on third-party links, searching the web, or utilizing or signing up for any offerings such as email, web hosting, domain registrations, search engine submissions, affiliate programs, etc (the "Service") you ("User") agree to be bound by this Terms of Use Agreement ("Agreement"). User agrees that Niveda.com has, by making the Service available to User, provided fair and equitable consideration for entering into this Agreement. This Agreement sets out the legally binding terms of your use of the Service and may be modified by Niveda.com from time to time, with such modifications effective upon posting on the Service by Niveda.com. This Agreement is also, in part, Niveda.com's Acceptable Use Policy, governing your use of the Service, including any and all communications you have with others, and any and all Content ("Content", meaning information, writings, images, text, photo's, profiles, and/or selections of multiple-choice boxes and lists) you publish (hereinafter "post" or "posting") on the Service. You may also receive a copy of this Agreement by contacting us at privacy (at) Niveda.com and requesting our "Terms of Use Agreement".

1. No Email Advertising; Damages
The sending of unsolicited e-mail ("spam", "spammer", or "spamming") is STRICTLY prohibited. Niveda.com will be the sole arbiter as to what constitutes a violation of this provision. Niveda.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited email. In addition, because damages are often difficult to quantify, User agrees to pay Niveda.com the greater of either (a) liquidated damages of $5.00 (US Currency) for each piece of spam or unsolicited email transmitted from or otherwise connected with User's account or (b) Niveda.com's actual damages, to the extent such actual damages can be reasonably calculated. As part of our ongoing efforts to battle spammers, any email account you open with us may have an initial limitation of a maximum 200 sent emails per day; which can be modified by sending a request to support (at) Niveda.com. There are no limitations on the amount of email you can receive (other than the size of your mailbox, of course), and we highly recommend utilizing any of a number of anti-spam programs and utilities. Lastly, if you or anyone else using an account which you are connected with, are in any way damaged by spam, or by any spammer, in any way, either financially, psychologically, physically, or otherwise, you agree to indemnify Niveda.com, as well as all officers, directors, employees, and agents, and hold harmless from any such damage(s).

2. Representations and Warranties
As a User of the Service, you understand, represent, warrant, and agree that;

- Be at least 18 years of age and capable of entering into a binding agreement;
- Be the parent or legal guardian of anyone under 18 having access to such computer;

You are solely responsible for any and all Content that you post on the Service and/or transmit (via email or other means).
You will not use or operate any IRC (internet relay chat) or IRC bots on the Service.
Each and every one of your postings, and any communications you have with others, is entirely voluntary; you can terminate your membership and/or stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for your interactions with others.
Niveda.com does not moderate the Service nor do we maintain an active censorship program, but may, either directly or via our authorized representatives, review, suspend, and/or delete your account(s) (if any), (and/or block your IP) which in the sole judgment of Niveda.com violates the terms or spirit of this Agreement.
You will abide by standards of conduct and decency which are in line with the general online community, as well as all local and federal laws. Violation of this, in Niveda.com's sole and absolute discretion, may result in Niveda.com taking appropriate action against you, including, without limitation, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content to any public area that:

is profane or offensive, as determined by normal standards of the online community;
is in any way illegal or unlawful for you to personally post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
provides access to an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
displays illegal pornographic or sexually explicit material of any kind;
provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
solicits passwords or personally identifying information for any purpose from others;
is an adult soliciting a relationship with a minor;
constitutes, or could be construed as, harmful matter or indecent communications to minors;
constitutes, or could be construed as, child pornography or the abuse of children;
constitutes, or could be construed, as being abusive to women;
constitutes, or could be construed, as being abusive to animals;
entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights; and,

As the provider of the Service, Niveda.com represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order and available to the majority of people on the world wide web.

3. Email Trash Folder
You understand and agree that Niveda.com may empty email "trash" folders at its' sole and absolute discretion (generally every night). By placing emails into the trash folder you are indicating your desire to permanently delete such email. If you do not want to permanently delete an email, you agree that you will either leave it in the inbox or place it in another folder of your creation; as anything in the trash folder will be automatically deleted from our systems.

4. Billing Cycle for Services

Domain name registrations are billed per the cycle chosen in the registration process; with renewals charged on the first of the month of the anniversary of the initial registration. All fees paid for domain registrations are non-refundable, regardless of when you cancel, sell, transfer, or otherwise dispose of a domain name.
Email accounts are billed on a non-refundable annual basis. Accounts may be canceled at any time, and thus will not be billed in the following annual cycle (accounts are charged on the first of the month of the anniversary of initial sign-up); but there no pro-rata refunds will be given.
Search engine submissions are billed as one time non-refundable fees.
Customer service and/or help line fees are billed on a per-minute basis and will appear either on your home phone bill or on your credit card statement, depending upon where you called from and the type of service offered.

5. Proprietary Rights in Niveda.com Content on the Service
Niveda.com owns and retains all proprietary rights in the Service and Content it provides thereon, as well as all programming code, user-interface designs, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary information of Niveda.com partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Niveda.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: support (at) Niveda.com (1-514-247-4600).

7. Privacy
Use of the Service is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.

Niveda.com website is strongly committed to protecting the privacy of consumers of its interactive products and services. Throughout cyberspace, we are committed to providing a safe and secure environment for our consumers' information. Questions regarding this statement should be directed to us by sending an email to privacy (AT) Niveda.com

Niveda, (hereafter referred to as Niveda Media) has created this privacy policy to demonstrate our commitment to the privacy of the users of our websites. Please read the following to learn more about our privacy policy, and how we treat personally identifiable information collected from our visitors and users.

Information Disclosure

This statement outlines the privacy practices of Niveda.com, as well as Niveda.com branded pages. We have clearly marked Niveda.com and any co-branded web sites with our logo and/or name and/or URL, as seen at the bottom of this page, so you know where this policy applies. It does not apply to any other companies' or organizations' web sites to which we link, and you should check their privacy policies to understand how they may collect or use information about you.

Niveda.com collect some information about general usage of the sites through a technology tool called a "cookie." The cookie is a piece of computer software that communicates between your computer and Niveda.com and is used to determine the number and frequency of visits to the Niveda.com sites. These cookies allow us to calculate various metrics, but do not allow Niveda.com to identify you specifically by name unless you volunteer this information. We provide ratings or response rate information to advertisers and/or partners, so that they can understand how frequently consumers use their sections and our sites. We use ad servers to display ads on our sites. Ad servers do serve a cookie to record the impressions and click throughs, but not the behavior of the user. The ad servers collect cookies received from ads, and we do not have access to this information. By accessing the services of Niveda.com, you consent to let Niveda.com collect some information about general usage of the sites with cookies and/or change your browser (Internet Explorer, Netscape, etc.) settings with JavaScript and/or log your IP address. As with any cookie and/or JavaScript, you can disable cookies and/or JavaScript in your browser settings. And if you wish to cancel the modifications, you can change your settings and/or clear your cookies folder any time. Please be aware that doing so may disable your ability to click though access on banners and other aspects of our sites.

Demographic Information

We use information you give us to enhance the user experience and improve the quality of our sites. automatically log information such as IP addresses, ISPs and browser information into files for many general purposes. We collect this information for reporting, advertising, and general site clickthrough rates. We gather a wide range of demographic information to track user patterns and movement and for advertising and general clickthrough numbers. We use this aggregate information we collect to improve the sites and your experience while visiting.

By using the Niveda.com web site, whether browsing pages, clicking on third-party links, searching the web, or utilizing or signing up for any offerings such as email, web hosting, domain registrations, search engine submissions, affiliate programs, etc (the "Service") you ("User") agree to be bound by this Terms of Use Agreement ("Agreement") and/or this Privacy Policy.

What this Privacy Policy Covers

This privacy policy covers Niveda's treatment of personally identifiable information collected by Niveda through a website owned and operated by Niveda.

This privacy policy does not apply to the practices of companies that Niveda does not own or control (Free Hosting, affiliates), or of persons that Niveda does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which Niveda's websites link.

Collection and Use of Personal Information

You can visit the websites of Niveda without revealing any personal information. However, Niveda needs certain personal information if you wish to purchase our products, register for an affiliate account, receive Niveda newsletter, or use certain Niveda services.

Where required, this information may include your personal contact information and/or your company contact information. Niveda will use this information to reply to your inquiries, to provide you with requested products and services, to set up your member’s account, and to contact you regarding new products and services.

By accessing the services of Niveda and voluntarily providing us with the requested personal information, you consent to the collection and use of the information in accordance with this privacy policy.

Niveda automatically receives and records non-personal information on our server logs from your browser including your IP address, cookie information and the page you requested. Niveda may use this information to customize the advertising and content you see and to fulfill your requests for certain products and services. However, Niveda does not connect this non-personal data to any personal information collected from you.

Niveda also allows third party companies that are presenting advertisements on some of our pages to set and access their cookies on your computer. Again, these cookies are not connected to any personal information. Third party cookie usage is subject to their own privacy policies, and Niveda assumes no responsibility or liability for this usage.

Niveda may disclose your personal information to third parties who work on behalf of Niveda to provide products and services requested by you. We will share personal information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information

Niveda may otherwise disclose your personal information when:

We have your express consent to share the information for a specified purpose;
We need to respond to subpoenas, court orders or such other legal process;
We need to protect the personal safety of the users of our websites or defend the rights or property of Niveda;
We find that your actions on our websites violate the Niveda Terms of Use document or any of our usage guidelines for specific products or services.

If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to Niveda. If you have provided personal information to Niveda and no longer consent to its use or disclosure as outlined herein, please notify Niveda at privacy (AT) Niveda.com.

By accessing the services of Niveda, you consent to the collection and use of your information in accordance with this privacy policy.

Unfortunately, no data transmission over the Internet can be considered 100% secure. However, your Niveda Information protected for your privacy and security. We also safeguard your personal information from unauthorized access, through access control procedures and physical security measures.

Further, Niveda retains your personal information only as long as necessary to fulfil the purposes identified above or as required by law.

Niveda may at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of Niveda websites after any such amendments signifies your acceptance thereof.

If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us at privacy (AT) Niveda.com

8. Links to Third-Party Web Sites
The Service contains links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Niveda.com and User explicitly agrees that Niveda.com is not responsible for the content on any Linked Site; including, without limitation, any link contained in a Linked Site, nor any changes or updates to a Linked Site, nor if the Linked Site is not working appropriately. Niveda.com is providing these links to User only as a convenience, and the inclusion of any link does not imply endorsement by Niveda.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Furthermore, any activity or dealings with third parties (including advertisers) linked to from the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party (or advertiser, as the case may be); Niveda.com shall not be responsible nor liable for any part of any such activity or dealings.

9. Disclaimers
Niveda.com is not responsible for any USER CONTENT, NOR FOR ANY incorrect or inaccurate Content, posted on the Service, or in connection with the Service, whether caused by User, other users, Niveda.COM AND/OR ITS' affiliates, officers, agents, partners and employees, or by any of the equipment or programming associated with or utilized in the Service. Niveda.com is not responsible for the conduct, whether online or offline, of any user of the Service. Niveda.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, SERVICE, CONTENT, OR User communications. Niveda.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will Niveda.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to or from User, or any interactions between User and others, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, Niveda.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Niveda.COM DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, Niveda.COM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS), NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.

10. Liability Limitations
IN NO EVENT SHALL Niveda.COM BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF Niveda.COM AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF Niveda.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT Niveda.COM'S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USER TO Niveda.COM FOR THE SERVICE DURING THE TERM OF USER'S USE OR SUBSCRIPTION (IF ANY).

11. Term
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Niveda.com may terminate your account(s) (if any) at any time and without reason or block your IP, with no notice required. If Niveda.com terminates your account(s) in the Service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 5, 6, 7, 8, and 9 of this Agreement

12. Disputes
If there are any disputes between you and Niveda.com and/or any of our subsidiaries, affiliates, officers, agents, and other partners and employees, you agree that the dispute will be governed by the laws of the State of Québec ( Canada), without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Québec, City of Montréal.

13. Indemnity
You agree to indemnify and hold Niveda.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Furthermore, each of Niveda.com and User shall defend, indemnify, and hold harmless the other, and its directors, officers, employees, and other agents, from and against any loss, liability, damage, award, claim, cost and expense (including, but not limited to, reasonable attorney's fees and expenses) arising out of or incurred in connection with any warranty or representation made pursuant to this Agreement by Niveda.com, User, other users, or any use of the Service by User or other users.

14. Entire Agreement and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and Niveda.com regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances beyond its reasonable control, including but not limited to, war, riot, embargo, acts of civil or military authorities, fire, flood, earthquake or other natural forces, accident, strike, or shortage of fuel or energy.

15. Notices
Any notices, questions, suggestions to Niveda.com are to be sent to privacy (AT) Niveda.com.

16. Language
It is expressly agreed that it is the will of both Niveda.com and User that this Agreement, as well as the Privacy Policy, Copyright Policy, and all other related documents and agreements (e.g. the search affiliate agreement) have been drawn up in English. Please Contact us with any questions regarding this agreement.

17. Information
Niveda.com collect some information about general usage of the sites through a technology tool called a "cookie." The cookie is a piece of computer software that communicates between your computer and Niveda.com and is used to determine the number and frequency of visits to the Niveda.com sites. These cookies allow us to calculate various metrics, but do not allow Niveda.com to identify you specifically by name unless you volunteer this information. We provide ratings or response rate information to advertisers and/or partners, so that they can understand how frequently consumers use their sections and our sites. We use ad servers to display ads on our sites. Ad servers do serve a cookie to record the impressions and click throughs, but not the behavior of the user. The ad servers collect cookies received from ads, and we do not have access to this information. By accessing the services of Niveda.com, you consent to let Niveda.com collect some information about general usage of the sites with cookies and/or change your browser (Internet Explorer, Netscape, etc.) settings with JavaScript and/or log your IP address. As with any cookie and/or JavaScript, you can disable cookies and/or JavaScript in your browser settings. And if you wish to cancel the modifications, you can change your settings and/or clear your cookies folder any time. Please be aware that doing so may disable your ability to click though access on banners and other aspects of our sites.