nahlaMedia – providing excellent professional website design since 2003

Terms of Service

The following terms and conditions govern all use of nahlamedia.com website(s) and all content, services and products available at or through the website(s), including, but not limited to, the nahlamedia.com, exavie.com, nmihost.com, nahlaMedia Client hosting service (“hosting”), (taken together, the Website). The Website is owned and operated by nahlaMedia (“nahlaMedia”). The Website services and products are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, nahlaMedia’s Privacy Policy) and procedures that may be published from time to time on this Website by nahlaMedia (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, 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 Website or use any services. If these terms and conditions are considered an offer by nahlaMedia, acceptance is expressly limited to these terms.

1. Your nahlamedia.com Account and Site

If you sign up for a hosting service on the Website, you are responsible for maintaining the security of your account and all content of your website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your website. You must not describe or assign keywords to your blog or website, hosted through nahlaMedia, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and nahlaMedia may suspend your hosting account if it considers inappropriate or unlawful usage of your website, or otherwise likely to cause nahlaMedia liability. You must immediately notify nahlaMedia of any unauthorized uses of your blog, your account or any other breaches of security. nahlaMedia 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.

2. Responsibility of Hosting Customers

If you operate a blog, comment on a blog, post material to your website, hosted on our servers or vendor servers by which we might provide the web hosting service to you (“Customer”, "You"), your website, post links on your website, or otherwise make (or allow any third party to make) material available by means of your website (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 whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • 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 obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • your blog or domain is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your domain’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 nahlaMedia or otherwise.

By submitting Content to nahlaMedia for inclusion on your website, you grant nahlaMedia 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 blog. If you delete Content, nahlaMedia will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, nahlaMedia has the right (though not the obligation) to, in nahlaMedia’s sole discretion (i) refuse or remove any content that, in nahlaMedia’s reasonable opinion, violates any nahlaMedia policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in nahlaMedia’s sole discretion. nahlaMedia will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment

Optional premium paid services such as extra storage, domain purchases or nahlaMedia hosting are available on the Website. By selecting a premium service you agree to pay nahlaMedia the monthly or annual subscription fees indicated for that service (the payment terms for nahlaMedia hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

4.nahlaMedia Service Fees

Payment: By signing up for a nahlaMedia hosting account you agree to pay nahlaMedia the setup fees and monthly hosting fees indicated at http://www.nahlamedia.com/hosting/ in exchange for the services listed at http://nahlamedia.com/services/. Applicable fees will be invoiced starting from the day your nahlaMedia hosting are established and in advance of using such services. nahlaMedia reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. nahlaMedia hosting can be canceled by you at anytime on 30 days written notice to nahlaMedia.

Support: nahlaMedia hosting include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by nahlaMedia to respond within one business day) concerning the use of the nahlaMedia hosting. “Priority” means that support for nahlaMedia hosting customers takes priority over support for users of the standard, free nahlamedia.com blogging services. All nahlaMedia hosting support will be provided in accordance with nahlaMedia standard nahlaMedia hosting practices, procedures and policies.

5.Responsibility of Website Visitors

// Example: // writeCookie("myCookie", "my name", 24); // Stores the string "my name" in the cookie "myCookie" which expires after 24 hours. function writeCookie(name, value, hours) { var expire = ""; if(hours != null) { expire = new Date((new Date()).getTime() + hours * 3600000); expire = "; expires=" + expire.toGMTString(); } document.cookie = name + "=" + escape(value) + expire; } nahlaMedia has not reviewed, and cannot review, all of the material, including computer software, posted to your website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, nahlaMedia 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. nahlaMedia disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6.Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which nahlamedia.com links, and that link to nahlamedia.com nahlaMedia does not have any control over those non-nahlaMedia websites and web pages, and is not responsible for their contents or their use. By linking to a non-nahlaMedia website or web page, nahlaMedia does not represent or imply that it endorses such website or web page 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. nahlaMedia disclaims any responsibility for any harm resulting from your use of non-nahlaMedia websites and web pages

7.Copyright Infringement and DMCA Policy

As nahlaMedia 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 nahlamedia.com violates your copyright, you are encouraged to notify nahlaMedia in accordance with nahlaMedia’s policy and United States Digital Millennium Copyright Act (”DMCA”) Policy. nahlaMedia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of nahlaMedia or others, nahlaMedia may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, nahlaMedia will have no obligation to provide a refund of any amounts previously paid to nahlaMedia.

8. Intellectual Property

This Agreement does not transfer from nahlaMedia to you any nahlaMedia or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with nahlaMedia. nahlaMedia, nahlamedia.com, the nahlamedia.com logo, and all other trademarks, service marks, graphics and logos used in connection with nahlamedia.com, or the Website are trademarks or registered trademarks of nahlaMedia or nahlaMedia’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any nahlaMedia or third-party trademarks.

9. Changes

nahlaMedia 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. nahlaMedia 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.

10. Termination

nahlaMedia may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your nahlamedia.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a nahlaMedia hosting account, such account can only be terminated by nahlaMedia if you materially breach this Agreement and fail to cure such breach within thirty (30) days from nahlaMedia’s notice to you thereof; provided that, nahlaMedia can terminate the Website immediately as part of a general shut down of our service. 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.

11. Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS”. NAHLAMEDIA 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 NAHLAMEDIA NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE 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 WEBSITE AT YOUR OWN DISCRETION AND RISK.

12. Limitation of Liability

In no event will nahlaMedia, 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 or 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 nahlaMedia under this agreement during the twelve (12) month period prior to the cause of action. nahlaMedia 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.

13. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the nahlaMedia Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. For Domain Registration and Whois Privacy service, you also agree to the terms and conditions listed http://www.opensrs.com/docs/contracts/exhibita.htm.

14. Indemnification

You agree to indemnify and hold harmless nahlaMedia, 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 Website, including but not limited to out of your violation this Agreement.

15. Miscellaneous

This Agreement constitutes the entire agreement between nahlaMedia and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of nahlaMedia, or by the posting by nahlaMedia of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), 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 San Francisco, California, 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; nahlaMedia 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.

Privacy Policy

Website(s) Visitors

Like most website(s) operators, nahlaMedia (“nahlaMedia”) collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. nahlaMedia’s purpose in collecting non-personally identifying information is to better understand how nahlaMedia’s visitors use its website(s). From time to time, nahlaMedia may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website(s).

nahlaMedia also collects potentially personally-identifying information like Internet Protocol (IP) addresses. However, nahlaMedia does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to nahlaMedia’s website(s) choose to interact with nahlaMedia in ways that require nahlaMedia to gather personally-identifying information. The amount and type of information that nahlaMedia gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a domain hosting service at nahlaMedia to provide a username and email address. Those who engage in transactions with nahlaMedia – by purchasing domain registration service, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, nahlaMedia collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with nahlaMedia. All financial credit or debit card information are not stored on nahlaMedia's servers. The credit and debit cards are processed by a third party that has it's own measures to secure such personally identifying information. nahlaMedia does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website(s)-related activities.

Aggregated Statistics

nahlaMedia may collect statistics about the behavior of visitors to its website(s). For instance, nahlaMedia may monitor the disk space usage of some or all our customers on the nahlaMedia site to identify server loads and usage. nahlaMedia may display this information publicly or provide it to others. However, nahlaMedia does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

nahlaMedia discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on nahlaMedia’s behalf or to provide services available at nahlaMedia’s website(s), and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using nahlaMedia’s website(s), you consent to the transfer of such information to them.

nahlaMedia will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, nahlaMedia discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when nahlaMedia believes in good faith that disclosure is reasonably necessary to protect the property or rights of nahlaMedia, third parties or the public at large. If you are a registered user of an nahlaMedia website(s) and have supplied your email address, nahlaMedia may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with nahlaMedia and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. nahlaMedia takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website(s) stores on a visitor’s computer, and that the visitor’s browser provides to the website(s) each time the visitor returns. nahlaMedia uses cookies to help nahlaMedia identify and track visitors, their usage of nahlaMedia website(s), and their website(s) access preferences. nahlaMedia visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using nahlaMedia’s website(s), with the drawback that certain features of nahlaMedia’s website(s) may not function properly without the aid of cookies.

Disclosure

The DoubleClick DART cookie is used by Google in the ads served on the websites of its partners, such as websites displaying AdSense ads or participating in Google certified ad networks. When users visit a partner's website and either view or click on an ad, a cookie may be dropped on that end user's browser. The data gathered from these cookies will be used to help better serve and manage ads on the publisher's site(s) and across the web.

  • Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to our website(s).
  • Google's use of the DART cookie enables it and its partners to serve ads to our users based on their visit to our sites and/or other sites on the Internet.
  • Users may opt out of the use of the DART cookie by visiting the advertising opt-out page. Alternatively, users can opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.)

Indeed, Inc. provides job search results on our site(s) and has it's own privacy policy and you can get more information there.

Privacy Policy Changes

Although most changes are likely to be minor, nahlaMedia may change its Privacy Policy from time to time, and in nahlaMedia’s sole discretion. nahlaMedia encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a nahlaMedia account, you should also check your control panel's dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Last updates October 2012

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