Privacy & Terms of Service Policy

`Contents:`



    Terms of Service
    Privacy Policy


    Terms of Service:
    The following terms and conditions govern all use of the NABNE.ORG website and all
        content,
        services and products available at or through the website (taken together, the Website). The Website is owned
        and operated by NABNE ("NABNE"). The Website is
        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, NABNE's Privacy Policy) and procedures that may be
        published from time to time on this Site by NABNE (collectively, the "Agreement").
    Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the
        web site, 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 NABNE, acceptance is expressly limited to
        these terms. The Website is available only to individuals who are at least 13 years
        old.
    
        Your NABNE.ORG Account and Site. If you create a blog/site on the
            Website, you are responsible for maintaining the security of your account and blog, and you are fully
            responsible for all activities that occur under the account and any other actions taken in connection with
            the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner,
            including in a manner intended to trade on the name or reputation of others, and NABNE            may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise
            likely to cause NABNE liability. You must immediately
            notify NABNE of any unauthorized uses of your blog, your account or any other breaches
            of security. NABNE 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 blog, comment on a blog, post material to
            the Website, post links on the Website, or otherwise make (or allow any third party to make) material
            available by means of the 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 pornographic, 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 blog is not getting advertised via unwanted electronic messages such as spam links on
                    newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
                
                your blog is not named in a manner that misleads your readers into thinking that you are another
                    person or company. For example, your blog'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
					NABNE or otherwise.
                
            
            By submitting Content to NABNE for inclusion on your Website, you
                grant NABNE 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, NABNE 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, NABNE has the right
                (though not the obligation) to, in NABNE's sole discretion (i) refuse or
                remove any content that, in NABNE's reasonable opinion, violates
                any NABNE 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 NABNE's sole discretion. NABNE will have no
                obligation to provide a refund of any amounts previously paid.
        Payment and Renewal.
            
                General Terms.

                    By selecting a product or service, you agree to pay NABNE the one-time and/or
                    monthly or
                    annual subscription fees indicated (additional payment terms may be included in other
                    communications). Subscription 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. Payments are not refundable.
                
                Automatic Renewal. 

                    Unless you notify NABNE before the end of the applicable subscription period
                    that you want
                    to cancel a subscription, your subscription will automatically renew and you authorize us to collect
                    the then-applicable annual or monthly subscription fee for such subscription (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 by submitting your request to NABNE in writing.
                
            
        
        Services.
            
                Fees; Payment. By signing up for a Services account you agree to
                    pay NABNE                    the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day
                    your services are established and in advance of using such services. NABNE                    reserves the
                    right to change the payment terms and fees
                    upon according to NABNE policies                    prior written notice to you. Services can be canceled by you at anytime on
					according to NABNE policies written notice
                    to NABNE.
                
                Support. If your service includes 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 NABNE to respond within
					one to two business days) concerning the use of the VIP Services.
                    "Priority"
                    means that support takes priority over support for users of the standard or
                    free NABNE.ORG                    services. All support will be provided in accordance
                    with NABNE standard services practices,
                    procedures and policies.
                
            
        
Responsibility of Website Visitors. NABNE has not reviewed, and
            cannot review, all
            of the material, including computer software, posted to the Website, and cannot therefore be responsible for
            that material's content, use or effects. By operating the Website, NABNE 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. NABNE 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.
        
        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 webpages to which
			NABNE.ORG links, and that link to NABNE.ORG.
			NABNE does not have any control over those non-NABNE websites
            and webpages, and is not responsible for their contents or their use. By linking to a
            non-NABNE website or webpage, NABNE does not represent or imply
            that it endorses such website 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. NABNE disclaims any responsibility for any harm resulting from your use of
            non-NABNE websites and webpages.
        
        Copyright Infringement and DMCA Policy. As NABNE 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 NABNE.ORG violates your copyright, you are
            encouraged to notify NABNE in accordance with NABNE's Digital Millennium Copyright Act ("DMCA") Policy.
			NABNE will respond to all such notices, including as required or appropriate by
            removing the infringing material or disabling all links to the infringing
            material. NABNE will terminate a visitor's access to and use of the Website if, under
            appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other
            intellectual property rights of NABNE or others. In the case of such
            termination, NABNE will have no obligation to provide a refund of any amounts
            previously paid to NABNE.
        
        Intellectual Property. This Agreement does not transfer from NABNE            to you any NABNE or third party intellectual property, and all right, title and
            interest in and to such property will remain (as between the parties) solely
            with NABNE. NABNE, NABNE.ORG,
            the NABNE.ORG logo, and all other trademarks, service marks, graphics and logos used
            in connection with NABNE.ORG, or the Website are trademarks or registered trademarks
            of NABNE or NABNE'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 NABNE or third-party trademarks.
        
        Advertisements. NABNE reserves the right to display advertisements
            on your blog unless you have purchased an ad-free account.
        
        Attribution. NABNE reserves the right to display attribution links
            such as 'Blog at NABNE.ORG,' theme author, and font attribution in your blog footer
            or toolbar.
        
        Partner Products. By activating a partner product (e.g. theme) from one of our partners,
            you agree to that partner's terms of service. You can opt out of their terms of service at any time by
            de-activating the partner product.
        
        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"), including their Registration
                Rights and Responsibilities.
        
        Changes. NABNE 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. NABNE 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. 

            
        Termination. NABNE 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 NABNE.ORG account (if you have one), you may simply
            discontinue
            using the
            Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
            terminated by NABNE if you materially breach this Agreement and fail to cure such
            breach within
			according to NABNE policies            from NABNE's notice to you thereof;
            provided that, NABNE 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. 

            
        Disclaimer of Warranties. The Website is provided "as is".
			NABNE 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 NABNE 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.
        
        Limitation of Liability. In no event will NABNE,
            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 NABNE under this agreement during
            the twelve (12) month period prior to the cause of
            action. NABNE 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.
        
        General Representation and Warranty. You represent and warrant that (i) your use of the
            Website will be in strict accordance with
            the NABNE 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.
        
        Indemnification. You agree to indemnify and hold harmless NABNE, 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 your violation of this Agreement.
        
        Miscellaneous. This Agreement constitutes the entire agreement
            between NABNE and
            you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an
            authorized executive of NABNE, or by the posting by NABNE 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 Oregon, 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 Multnomah County, Portland. 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
			Multnomah County, Portland, 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;
			NABNE 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.
        
    
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    Privacy Policy:
    NABNE ("NABNE")
        operates NABNE.ORG and may operate other websites. It
        is NABNE's policy to respect your privacy regarding any information we may collect
        while operating our websites.
    Website Visitors
    Like most website operators, NABNE 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. NABNE's purpose in
        collecting non-personally identifying information is to better understand
        how NABNE's visitors use its website. From time to
        time, NABNE may release non-personally-identifying information in the aggregate, e.g., by
        publishing a report on trends in the usage of its website.
    NABNE also collects potentially personally-identifying information like Internet Protocol
        (IP) addresses for logged in users and for users leaving comments on NABNE.ORG        blogs/sites. NABNE only discloses logged in user and commenter IP addresses under the same
        circumstances that it uses and discloses personally-identifying information as described below, except that
        commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site
        where the comment was left.
    Gathering of Personally-Identifying Information
    Certain visitors to NABNE's websites choose to interact
        with NABNE in ways that require NABNE to gather
        personally-identifying information. The amount and type of information that NABNE gathers
        depends on the nature of the interaction. For example, we ask visitors who sign up at NABNE.ORG to provide a
        username and email address. Those who engage in transactions with NABNE are asked to
        provide additional information, including as necessary the personal and financial information required to
        process those transactions. In each case, NABNE collects such information only insofar as
        is necessary or appropriate to fulfill the purpose of the visitor's interaction with
		NABNE. NABNE 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-related activities.
    Aggregated Statistics
    NABNE may collect statistics about the behavior of visitors to its
        websites. NABNE may display this information publicly or provide it to others.
        However, NABNE does not disclose personally-identifying information other than as
        described below.
    Protection of Certain Personally-Identifying Information
    NABNE 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 NABNE's behalf or to provide services available
        at NABNE's websites, 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 NABNE's websites, you consent to the transfer of such information to
        them. NABNE 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, NABNE discloses potentially personally-identifying and
        personally-identifying information only in response to a subpoena, court order or other governmental request, or
        when NABNE believes in good faith that disclosure is reasonably necessary to protect the
        property or rights of NABNE, third parties or the public at large. If you are a registered
        user of an NABNE website and have supplied your email address, NABNE        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 NABNE and our products. If you send us a request (for
        example via 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. NABNE 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 stores on a visitor's computer, and that the visitor's browser
        provides to the website each time the visitor returns. NABNE uses cookies to
        help NABNE identify and track visitors, their usage of NABNE        website, and their website access preferences. NABNE visitors who do not wish to have
        cookies placed on their computers should set their browsers to refuse cookies before
        using NABNE's websites, with the drawback that certain features
        of NABNE's websites may not function properly without the aid of cookies.
    Business Transfers
    If NABNE, or substantially all of its assets, were acquired, or in the unlikely event
        that NABNE goes out of business or enters bankruptcy, user information would be one of the
        assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that
        any acquirer of NABNE may continue to use your personal information as set forth in this
        policy.
    Ads
    Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies.
        These cookies allow the ad server to recognize your computer each time they send you an online advertisement to
        compile information about you or others who use your computer. This information allows ad networks to, among
        other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy
        Policy covers the use of cookies by NABNE and does not cover the use of cookies by any
        advertisers.
    Privacy Policy Changes
    Although most changes are likely to be minor, NABNE may change
        its Privacy Policy from time to time, and in NABNE's sole
        discretion. NABNE encourages visitors to frequently check this page for any changes to
        its Privacy Policy. If you have a NABNE.ORG account, you might also
        receive an alert informing you of these changes. Your continued use of this site after any change in
        this Privacy Policy will constitute your acceptance of such change.
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