netomat Blastmob

Use of the Service: Your use of the Service is strictly subject to these Service Terms of Use. You may use the Service to upload, create, modify and transmit content so as to create unique multimedia communications in accordance with these Service Terms of Use ("Blastmob Communications"). You may use the Service solely for your own personal and non-commercial purposes.

Blastmob Widget: The Service provides you with the ability to insert on third party web sites,. links to Blastmob Communications and/or other Blastmob content and services via a flash-enabled and/or java-script-enabled applet which may automatically update as new content becomes available. The availability of these "Blastmob Widgets" is not a representation by netomat regarding the content contained in the Blastmob Widget or the right to use it on any third party web site or service. You are solely responsible for the content and use of the Blastmob Widgets and for strictly complying with the terms and conditions of any third party web site or service where the widgets are placed.

User Licenses: You hereby grant to netomat and its licensees an irrevocable, perpetual, worldwide, transferable, royalty-free license to use, transmit, copy, store, reformat, edit and/or publish your Blastmob Communications as necessary to allow netomat to provide the Service to you and others.

User name and Password: In order to utilize certain portions of the Service, you will be required to register to become a user. Registration may occur through the Service's WAP site or the web site. You must provide truthful information when signing up to become a user, and may not use any aliases or other means to mask your true identity. Your user name and password should be safeguarded at all times. You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password.

Payments: While the Service may be offered to you without the requirement to pay netomat any fees, we reserve the right to require payment for certain Services in the future. You will have the option whether or not to use a paid portion of the Service. Should you choose to use a paid portion of the Service, netomat shall proceed to either charge your credit card for the stated amount or charge the amount to your mobile phone bill by sending you a Premium SMS message. If you have accepted automatic billing or renewals, you authorize netomat to automatically charge your credit card each payment period without prior notification or obtaining additional authorization. Please note that we do not accept debit cards for automatic renewals. Notwithstanding the foregoing, your wireless carrier may change you for text messages, air time and other reasons in connection with your use of the Service. Netomat has no control over such changes, and you should check with your wireless carrier prior to using the Service.

Capacity Limits: Your account is subject to a storage limit and a bandwidth transmission limit based upon the pricing plan you selected. Further information regarding these limitations can be found in your Account Profile. Upon reaching the storage limit you may not be able to store additional netomat Communications until you delete or otherwise reduce your stored netomat Communications or purchase additional storage. Upon reaching the transmission limit in any month, you may not be able to transmit additional netomat Communications, and existing netomat Communications may not be viewed or retransmitted, until the next month or until you purchase additional transmission capacity.

Unauthorized Use: You may not exceed the permitted access to use the Service granted to you by netomat. You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service without our prior consent. You may not take any action to interfere with the Service or any other user's use of the Service, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Service. netomat is under no obligation to "pre-screen" or otherwise monitor any third-party postings to web sites, email or other communications created or transmitted through the Service and assumes no responsibility or liability arising from the content of any such materials. Notwithstanding the foregoing, you acknowledge that netomat and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

User Conduct: You may only use the Service for lawful purposes and in strict compliance with these Service Terms of Use. Examples of impermissible conduct through use of the Service include, but are in no way limited to, the following:

You may not use the Service to post, upload or transmit any message or content which:

is abusive, hateful, inflammatory, harmful, tortuous, or racially, ethnically or otherwise objectionable
is obscene, vulgar or pornographic
is being used to harass, stalk or otherwise threaten a person
is libelous, defamatory or invades any privacy or publicity rights of any third party
impersonates any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity or misrepresents or masks the true identity of the sender or recipient
you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
infringes or violates any copyright, trademark, service mark, patent, trade secret, confidentiality rights or other rights of any third party
contains or promotes violence, drug use, illegal gambling or other criminal activity
contains or promotes any illegal contests or lotteries, or any pyramid schemes or contains false advertising
contains any virus, Trojan Horse, time bomb or any other harmful or disabling software code
is harmful to minors
is used to collect or store personal data about other users
interferes with or disrupts the Service or servers or networks connected to the Service, or violates any requirements, procedures, policies or regulations of networks connected to the Service
promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals; or
contains or promotes any materials or information which may violate any law, rule, regulation, ordinance or requirement to which you are subject.

If you include any RSS feeds into your Blastmob Communications, you are responsible for ensuring that the inclusion of such RSS feeds does not violate the terms and conditions of the applicable RSS feed provider or exceed your permitted scope of use for such RSS feeds.

You understand that all text, images and other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not netomat, are entirely responsible for all content that you upload, post or otherwise transmit via the Service. netomat does not control the content posted via the Service or received via any RSS feed you use and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable.

You are responsible for managing your account and for ensuring that all netomat Communications in your account conform to the user conduct set forth above.

No Spam: You may not use the Service to transmit any unsolicited wireless, SMS or email messages to any recipient from whom you have not received prior demonstrable consent. In addition, you may not use or develop any automated process to transmit messages through use of the Service. You may not use the Service to collect or store personal information of other users. Further, you must comply with any and all laws which are applicable to the transmission of wireless, SMS or email messages or the posting of content on the Internet.

Termination of Access: In addition to any right or remedy that may be available to us or other party under applicable laws, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Beta Users: In addition to all of the provisions of these Service Terms of Use, users of the Service operating under a beta test from netomat are further advised that beta test versions of the Service may not operate as intended, may experience substantial interruptions, may contain significant malfunctions and should not be used by beta testers for any reason other than for evaluative purposes.

Intellectual Property: netomat is the owner of, or is authorized to use, all parts of the Service that are provided by netomat, including all patents, copyrights, trademarks, trade secrets and other intellectual property or proprietary rights contained therein. Except as expressly set for in these Service Terms of Use, no license is granted to you and no rights are conveyed to you by virtue of accessing or using the Service. All rights not granted under these Service Terms of Use are reserved by netomat. netomat will aggressively enforce its intellectual property rights to the fullest extent of the law.

Disclaimer: We make reasonable efforts to ensure that the Service operates as intended, however; the Service is dependent upon the Internet, wireless carriers, third party software and other services and providers outside of the control of netomat. By using the Service, you acknowledge that we do not and cannot guaranty that the operation of the Service will be uninterrupted, error-free or that the information it stores or transmits will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. Further, we make no warranties that any software downloaded in connection with the Service will operate properly on your personal computer or mobile device or will not interfere with your other programs or systems on your personal computer or mobile device functions. You expressly assume the risk of such problems by using the Service, including by downloading, installing or using the Client Software.

THE SERVICE, INCLUDING ALL CONTENT, OPERATIONS AND MATERIALS, ARE PROVIDED "AS IS". EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE OPERATION OF THE SERVICE. FURTHER, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if netomat is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the greater of (i) $100 or (ii) the amount paid by you for your use of the Service during the prior twelve (12) months.

Privacy: netomat takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.

Support: Please refer to the following URL regarding current service support policies: http://forums.netomat.net/index.php?showtopic=363# or email netomat at support@netomat.net

Communications with netomat: Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Changes: All information posted on the Service is subject to change without notice. In addition, these Service Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access to the Client Software or use of the Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold harmless netomat, its employees, directors, officers, agents and representatives from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, arising from, or related to, any breach by you of any of these Service Terms of Use, the content of your netomat Communications or violations of applicable law.

Severability: If any part of these Service Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Service Terms of Use and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.

Waiver; Remedies: The failure of netomat to partially or fully exercise any rights or the waiver of netomat of any breach of these Service Terms of Use by you, shall not prevent a subsequent exercise of such right by netomat or be deemed a waiver by netomat of any subsequent breach by you of the same or any other term of these Service Terms of Use. The rights and remedies of netomat under these Service Terms of Use and any other applicable agreement between you and netomat shall be cumulative, and the exercise of any such right or remedy shall not limit netomat's right to exercise any other right or remedy.

International Access: Our Service is provided from the United States of America and all servers which make them available reside in the U.S.A. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Governing Law: The laws of the State of New York shall govern these Service Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE SERVICE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE. Any claim against netomat arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Service by third parties not within the control of netomat. We are under no obligation to, and do not, scan messages sent through the Service for defects, viruses or the inclusion of illegal content. However, we respect the copyright properties of others. It is our policy not to permit materials known by us to be infringing to remain on the Service.

If you believe any materials on the Services infringes a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Kris Ramanathan
netomat, Inc.
307 West 38th Street
New York, New York 10018
krisr@netomat.net

It is the policy of netomat to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Questions: Should you have any questions regarding these Service Terms of Use you may contact us at davidh@netomat.net.