Terms of Usage on Park site – Provided by NY-DESIGNS.COM
Read First
• Use of the system is subject to the following terms of use. The terms of use were intended to ensure proper utilization of the services that ny-designs.com offers its customers, and in order to ensure proper use of the Internet, toward surfers and in general, while taking note of the requirements for the system provided by ny-designs.com.
• Please read carefully.
• These terms of use are formulated in masculine form for purposes of convenience only. The content therein, however, relates equally to both men and women.
Customer General Information
1. In the event that the ny-designs.com transferred his rights, or a part thereof, to a third party, the ny-designs.com will be able to transfer his rights as per these terms of use.
2. The rules hereof are additional to any other guidelines existing in the system and, in the event of dispute, these guidelines will prevail.
3. The failure to meet any article of this document will be considered cause for immediate termination of customer system operation with no prior notice required.
4. ny-designs.com may delete the systems of those who breach the terms of use, partially or entirely.
Customer Registration
Some of the services provided by the system require user registration. As part of the registration process, you will required to submit personal information, such as your name, address, modes of contact, e-mail address ether/or credit card details. The information that you provide upon registration will be stored in the system database. You are not required to submit the information by law, but failure to provide the information will bar you from using the services provided. Please provide accurate and true information only. Upon registration, you will be asked to select a user name and password. The user name and password will enable you to identify yourself whenever using the system services. Keep your user name and password in a safe place to avoid its being used by others. Be sure to change your password as frequently as possible and, in any event, at least every three months.
When Adding Content to the Site, You Must
Freedom of expression is one of the basic principles of the system, but so is keeping the laws of the State you are in. Therefore:
A. You may not use the system to advertise content that is comprised of vulgar sexual messages, threats, libel, inciting to criminal or civil crimes, offending privacy, damaging, offending public emotions and content that breach the law in any manner. Content for which you do not own the rights of intellectual property. Content that contains any kind of computer virus. The supplier may refuse advertising contents that, in his opinion, breach any of the abovementioned conditions and/or may damage the system and/or any third party, and he may delete these contents at any time.
B. The supplier will bear no liability regarding the content appearing on the system and on any end unit on which they appear in terms of their content, reliability, accuracy and influence on the computers used by system users, as well as for any damage, inconvenience, loss or pain and suffering resulting directly or indirectly thereof, to you, your property or any third party due to the use of these contents.
C. Remember: The content that you submit for advertising are exposed to all system users and the supplier can not be aware of the responses that you may receive following the submission of the content, who will respond and in what manner. Therefore, ny-designs.com will not bear any responsibility toward you, regarding these reactions or any result caused to you or your property following these responses.
NY-DESIGNS.COM Copyrights
A. All copyrights and intellectual property rights in the design of the system and in any software, application, computer code, graphic file, text and any other material contained therein are reserved solely to the supplier. Do not copy, distribute, present in public or provide any third party with the abovementioned material without receiving the written and advanced consent of ny-designs.com. The trademarks appearing on the site are the property of ny-designs.com only/or in the event that they were advertised by advertisers, the property of these advertisers only. These trademarks cannot be used without their consent, provided in writing and in advance.
B. No tools in ny-designs.com system can be transferred or copied without the written consent of ny-designs.com or as part of a product offered by the ny-designs.com.
C. You cannot build a site with the system and store it on another server on or outside of the web.
Customer Copyrights Will Be by Customer Own Responsibility, All Rights by Law
All copyrights and intellectual property rights in the design of the system and in any software, application, computer code, graphic file, text and any other material contained therein are reserved solely to the customer. Do not copy, distribute, present in public or provide any third party with the abovementioned material without receiving the written and advanced consent of the customer. The trademarks appearing on the site are the property of the customer only – or in the event that they were advertised by advertisers, the property of these advertisers only. These trademarks cannot be used without their consent, provided in writing and in advance. NY-DESIGNS.COM will not take responsibility for any lost of information from site, but have the legal rights to remove any Illegal copy that will appear on the system.
Security
• ny-designs.com will not be responsible for any information deleted from the system or for any malicious system break-ins. Be sure to change your code as often as possible and, in any event, at least once every three months. Be sure about who you grant system management permissions to.
• Some of the system tools enable you to block certain pages and information from certain or all users. ny-designs.com does not guarantee that this information is properly blocked and that it is not accessible even without the proper permissions. It is recommended that you do not upload important or confidential information; the supplier does not guarantee its safety on the system.
Backups
ny-designs.com is not responsible for customer copy backup and the customer is responsible for creating All of his content uploaded to the system. ny-designs.com will do utmost to preserve the information and material kept on the customer system, including backup, however ny-designs.com cannot be responsible thereto.
Customers Trial Period
ny-designs.com grants you permission to use the system and store your site on ny-designs.com server for a trial period published on the system. Upon completion of this trial period and after acquiring experience in operating the system, you can decide whether or not to continue using the system and to pay for a license thereof.
ny-designs.com may delete the system and any information pertaining thereto, if and when the customer fails to arrange payment by the end of this period.
ny-designs.com may change the number of trial days granted to the customer at any time.
Customers who utilize the trial period for opening a large number of sites and using them in an inappropriate commercial manner, take the risk that the supplier will lock these sites with no advanced notice.
ny-designs.com may send you a number of messages, using different methods (electronic mail, SMS and more), during your trial period.
Payment Policy
1. The customer can activate the system license only after payment for the license has been made in full.
2. Although ny-designs.com has the right to alter the prices charged for the services at any time, the prices for periods paid in advance are guaranteed.
3. In the event that the credit card or its validity causes a delay in clearance by the credit card company, ny-designs.com may immediately suspend the services provided to the customer until the issue of payment is clarified and payment is made in full.
4. The customer is committed to making ongoing and full payments during the entire period in which his account is active, starting from the date on which the account is activated. Any change in credit card details must be immediately reported to the supplier in order to assure continuous service.
5. Invoices will be sent via Israeli post a few days after the amount is charged and in accordance with the mailing address provided by the customer.
6. Payment through deposit/bank transfer or bank checks will be considered complete upon full redemption and bank approval.
7. No monetary refund will be granted for long term services paid in advance.
Customer Decide to Terminate His Site From the System
A customer who wishes to terminate the operation of his system prior to the end of the agreement date can do so, but no monetary refund will be granted by the supplier.
Customer Site's End Users
"End User" relates to any surfer who visits your site, built with the system.
ny-designs.com will bear no liability for any conflicts arising between you and the end user and will not become involved in any disputes between you.
All system terms of use relate to the site surfer and the customer is committed to inform him thereof, otherwise the customer will bear the blame.
Customer Domain Purchase and Management
The manager of the relevant domain may accept or reject any request for registering or renewing the registration under a certain domain, based on his sole discretion and for any reason whatsoever, including if he thought that the selected domain name was forbidden in accordance with the rules of registration by which he is bound and ny-designs.com will not be liable for the failure to renew or purchase the domain.
The domain name under which you selected to be registered or whose registration you chose to renew, will not be registered to your name until the registration manager performs the registration or renewal. ny-designs.com has no control over the activities of the registration managers and it is unable to commit to the time and whether the domain will be registered to your name.
ny-designs.com is not responsible for any action, decision, act or omission of any of the registration managers and you will have no claim, suit or demand for any action, decision, act or omission by them – including, but without detracting from the generality of the above, due to the rejection of a registration application or registration renewal for a domain, in the event that a domain registration or renewal is not performed as well as in the event of any dismissal, suspension or termination of a domain registration.
The domain name cannot be changed or replaced by another name after ordering a domain name.
The domain name can be canceled after ordering it, but no monetary refund can be received for the remaining period.
Customer Email Purchase and Management
ny-designs.com enables the customer to purchase electronic mailboxes under his domain name.
ny-designs.com is not responsible for incoming messages, including messages containing viruses, and the customer must protect himself against such malicious content.
Customer SMS Distribution
Some of the tools provided by the system enable SMS messages. The customer must be aware of the following terms:
Every message that is sent, even if it does not reach its final destination, is counted.
Any message that is sent to an incorrect number is also counted and the customer is required to determine the correctness of the numbers.
Privacy
A. Upon using the system, information relating to your habits, products and services purchased or sold, data on advertisements that you read, the pages that you viewed, the offers and services that interested you, the payment methods that you used and more, can be compiled. This information will be used only in accordance with this privacy policy.
B. ny-designs.com will avoid, to the extent possible, providing your personal details to a third party unless he is required to do so by a judicial order or if he faces the threat of legal measures (criminal or civil) due to actions that you have performed on the system. In this case, ny-designs.com may provide you details to the party claiming to be harmed by you or in accordance with the instructions of the judicial order.
ny-designs.com may use your details in order to improve the services offered on the system as well as to contact you and adjust the system to your needs and preferences
Customer Data Traffic
ny-designs.com limits data traffic through the system to GB5 per site. However, if and when a certain site exceeds this limit, site activity will not be immediately halted and ny-designs.com will enable it to continue operating for an unlimited time and in accordance with the supplier's decision.
In essence, ny-designs.com does not limit the customers using the system in the traffic that they consume, but the supplier does reserve the right to remove from the server, at no prior notice, sites that "monopolize" the server and inappropriately utilize server resources.
* * * Commercial Email Advertising – SPAM
Some of the tools provided by the system enable the customer to send messages through advanced technological media (E-mail, SMS and more). The utilization of these tools for sending Spam is strictly forbidden. ny-designs.com may discontinue the activity of a system used by the customer for these purposes, at any time and with no prior notice.
ny-designs.com enables companies and surfers throughout the web to report Spamming in order to locate customers who do so.
Any transmission of Spam that is not performed through system servers must be assessed against the laws of the country from which the messages are sent and the supplier has no connection to these messages.
NY-DESIGS.COM Site Footer
1. ny-designs.com may add a line or logo at the bottom of your system, linking the user to a certain location on the web based on ny-designs.com discretion.
2. ny-designs.com is not required to remove this link and he may occasionally alter its design and the link destination.
3. ny-designs.com will enable the removal of the link in return for an additional fee to be determined by him and will appear on the system payment page.
NY-DESIGNS.COM Design Templates
A. ny-designs.com offers the customer a variety of design templates to use for his site.
B. All templates are protected by system copyrights and the customer may not use them outside of the system without the written consent of ny-designs.com.
C. ny-designs.com may, at any time, discontinue the use of certain design templates, even if a customer has been using it for a short or long period. ny-designs.com will invest all efforts to find an appropriate alternative for the customer, but he does not guarantee it.
D. The customer does not have exclusive rights to a certain design template and other customers may use it.
NY-DESIGNS.COM Technical Support
The services provided on the site do not include any support. ny-designs.com will attempt to answer your questions on technical issues, sent only through electronic mail, but he does not undertake to do so.
Customer Virtual Store
The customer can utilize the ny-designs.com's system in order to establish a virtual store and the customer must agree to the following conditions:
ny-designs.com bears no responsibility for store safety.
The customer must be responsible for the information obtained from the surfer, including credit card details, and the supplier will bear no liability whatsoever.
The credit card companies require business owners to receive approval from them and the customer is solely responsible for obtaining this approval. ny-designs.com is unable to monitor this issue.
When the customer chooses to charge the surfer through third party companies (paypal, netpay and more) ny-designs.com is not responsible for the quality of these companies and is not responsible for their working methods.
A surfer entering the customer's virtual store must also agree to the following terms (the customer must update the surfer of these details):
1. ny-designs.com is not a party to the transaction and all problems must be referred to the site owner.
2. The surfer is aware of the fact that he must assess the security level and quality of the site to which he wishes to provide his credit card number.
Distributor Account
Customers who become distributors will enjoy a system that is very similar to that of the supplier.
A. The distributor is subject to these terms of use as well as the systems opened under the distribution account.
B. Distributor customer must be aware to these terms of use.
C. ny-designs.com may alter the system price independently of the price offered by the distributor. The distributor is responsible for monitoring changes in supplier price changes.
D. A distributor who decides to terminate his "distributor account", his customers will automatically be transferred to another "distributor account" without considering the preferences of the distributor who closed his account.
E. ny-designs.com will invest all efforts to prevent a situation in which customers using an active distributor account (a paid or trial period distributor account) find any connection between it and the supplier, but he does not undertake that such contact will not occur due to a technical fault or ny-designs.com negligence.
F. The distributor will not be permitted to decide what content will appear on the system and ny-designs.com may implement changes at his discretion.
Customer Free Site
ny-designs.com enables certain customers to use the system without charging for the license. These customers agree to the following conditions:
ny-designs.com may, at any time, require the customer to pay for further use of the system.
ny-designs.com may not demand payment for the period of use that has already passed.
Changes in Terms of Use
ny-designs.com may change these terms of use from time to time without providing any notice of such in advance.
ny-designs.com will publish the new terms and they will be valid as of their publication date.
The terms are applying to "All Users" and any related business providing services apply as well to terms.
All Customers who are using the system tools. Distributors who have the right to market the system under his name, by a separate agreement, third party companies that manage domain name registration, and any combined way of system usage.
Liability
1. The supplier's system offers a wide variety of tools that the customer can use. ny-designs.com reserves the right to decide whether or not to add additional tools to the system, and the customer will not be permitted to demand attributes that the system does not support. It is hereby clarified that ny-designs.com will invest all efforts in order to develop and upgrade the system as per customer requests, but he is not committed to doing so.
2. ny-designs.com may close the system and occasionally alter the system structure, system appearance and the availability of services and content provided by it, without prior notice. The customer will have no claims, demands or suits against the supplier in this regard.
3. ny-designs.com does not guarantee that the service provided by the system and server will not be interrupted, will be provided continuously without breaks and interruptions and/or will be resistant to illegal access to ny-designs.com computers, damages, faults, breakdowns, failures in hardware, software or communication lines used by the company or any of its providers, or which will be damaged for any other reason and ny-designs.com will not be liable for any direct or indirect damages pain and suffering etc., caused to you or your property as a result thereof.
4. The information that you submit to the system will be exposed to all Internet users and perhaps to additional information systems. Be careful and wise when providing your personal details (such as address or telephone number) as well as when responding to messages received following the use of the system or the posting of your details therein. Remember: When providing your details and referring to messages received, you must apply the same measure of care as you do when making non-Internet contacts.
5. System payment does not render the payer into the owner of ny-designs.com system or the source code of the system.
