NetKin's Terms and Conditions of Use

For information and details on our PRIVACY POLICY, click HERE.
  • RESTRICTIONS ON USE OF MATERIALS
  • MEMORIALS AND PUBLIC COMMUNICATION
  • JURISDICTIONAL ISSUES
  • TERMINATION
  • DISCLAIMER
  • LIMITATION OF LIABILITY
  • NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
  • INFRINGEMENT
  • OTHER
  • TERMS APPLICABLE TO NETKIN MEMORIAL PURCHASERS
  • OUR MEMORIAL PRIVACY POLICY
  • ONLINE ORDERING
  • INFORMATION WE COLLECT
  • USE OF COOKIES
  • USE OF IP ADDRESSES
  • LINKS TO OTHER SITES
  • SECURITY
  • PARENTAL CONSENT

  • PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms (including the Privacy Policy and Site Rules) mean you accept those changes.
    RESTRICTIONS ON USE OF MATERIALS
    This site is owned and operated by NET KINNECTIONS, INC. (referred to as "NetKin.com," "we," "us," or "our" herein). No graphics, text, or images ("Material") from or music ("Music") accessible through this site or any web site owned, operated, licensed, or controlled by NetKin.com ("NetKin.com Site") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may (i) download one copy of the Materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright, trademark and other proprietary notices, (ii) access Music only as a guest of a Commemorative Site, as defined herein, for so long as you are visiting the Commemorative Site online through a NetKin.com Site. Modification or use of the Materials or Music for any other purpose other than as expressly permitted by these Terms and Conditions of Use or in a NetKin.com Site is a violation of copyrights and other proprietary rights owned by NetKin.com and its suppliers. For purposes of these terms, the use of any Material or Music on any site or networked computer environment not owned, operated, licensed, or controlled by NetKin.com is prohibited. All trademarks, service marks, and trade names that appear within the Materials are the respective property of NetKin.com and its suppliers and may not be used for any purpose whatsoever.

    Subject to the foregoing, in the event you download software from any NetKin.com Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by NetKin.com solely for your personal, noncommercial home use and enjoyment of a Commemorative. Such download does not transfer title to the Software to you. You own the medium on which the Software is recorded, but NetKin.com and its suppliers retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

    JURISDICTIONAL ISSUES
    Unless otherwise specified, Materials and Music are presented solely for the purpose of promoting services available in the United States and its territories, possessions, and protectorates. The NetKin.com Sites are controlled and operated by NetKin.com from its offices in the State of Connecticut, U.S. NetKin.com makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software is further subject to U.S. export controls. No Software may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
    TERMINATION
    These Terms and Conditions of Use are effective until terminated by NetKin.com. These Terms and Conditions of Use will terminate immediately upon notice (oral, written, or electronic) from NetKin.com if in its sole discretion you fail to comply with any term or provision hereof. Upon termination, you must destroy all materials obtained from any and all NetKin.com Sites and all copies thereof, whether made under these Terms and Conditions of Use or otherwise.
    DISCLAIMER
    THE MATERIALS IN THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NETKIN.COM, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NETKIN.COM NOR ANY OF ITS SUPPLIERS WARRANTS THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OR MUSIC WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NETKIN.COM SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER NETKIN.COM NOR ANY OF ITS SUPPLIERS WARRANTS OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN ANY NETKIN.COM SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NETKIN.COM OR ANY OF ITS SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

    Further, NetKin.com., on its own behalf and on behalf of its suppliers, explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from NetKin.com. from third parties not associated with NetKin.com. NetKin.com. encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that you may deem inappropriate or offensive, NetKin.com cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

    NetKin.com. cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from NetKin.com., since other sites are owned and operated by independent retailers. NetKin.com. does not endorse any of the merchandise, nor has NetKin.com. taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. NetKin.com. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

    COMMEMORATIVES AND PUBLIC COMMUNICATION
    "Commemorative" or "Memorial" means any online memorial offered as part of NetKin.com or any NetKin.com Site. You shall not upload to, distribute through, or otherwise publish through NetKin.com or any Memorial any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law. Guests shall remain solely responsible for the content of their messages.

    You shall not use any Memorial in a commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other NetKin.com guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the Site Rules whenever you are using NetKin.com.

    By uploading materials to any Memorial or submitting any materials to us (except personally identifiable information), you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.

    LIMITATION OF LIABILITY
    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES (INCLUDING WITHOUT LIMITATION NEGLIGENCE) SHALL NETKIN.COM OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR MUSIC IN THIS SITE, EVEN IF NETKIN.COM, A SUPPLIER TO NETKIN.COM OR A REPRESENTATIVE OF EITHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NETKIN.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
    NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
    NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
    Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to NetKin.com's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
    OTHER
    These terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New Haven, Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by us on this site.
    TERMS APPLICABLE TO NETKIN MEMORIAL PURCHASERS
    In addition to the foregoing Terms and Conditions of Use, your purchase of access to a Memorial constitutes your acceptance of and agreement with the terms and conditions set forth in this section. You agree and acknowledges that (i) these Terms and Conditions of Use govern your access to and use of any Memorial; (ii) by using the Software to access any Memorial, you will be subject to any applicable charges for the use of the Memorial as set forth in the terms and conditions of the pricing plan you have chosen. In addition, you agree that NetKin.com provides no assistance, including any technical or customer support, in the use of Memorial, and that your use of a Memorial is at your own risk. Memorials are provided on an "AS IS" and "AS AVAILABLE" basis and no warranties are provided, except as required by law. SPECIFICALLY, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

    NetKin.com is in no way liable for any claims arising from your purchase of access to or use of any Memorial. As a condition of your access and use of any Memorial, you agree to indemnify NetKin.com for all claims relating to your access to and use of Materials and Music, whether permitted in these Terms and Conditions of Use or otherwise.

    OUR MEMORIAL PRIVACY POLICY
    You will see the following statement on many of the "create a Memorial" pages:

    "At NetKin.com, we are committed to protecting your privacy. NetKin.com does not sell, trade, or rent your personally identifiable information to others."

    NetKin.com strives to respect your privacy: we use the personally identifiable information we collect only to process orders and to provide you with a personalized Memorial. NetKin.com may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with any law or the lawful order of any court, (ii) enforce or apply the Terms and Conditions of Use or of any other agreement, or (iii) protect the rights, property, or safety of NetKin.com, our users, or others.

    ONLINE ORDERING
    We use Netscape's Secure Socket Layer (SSL) technology to encrypt the information you send us when you place your order. The information is encrypted on your computer, sent through the Internet as jumbled code, and decoded on NetKin.com's secure server.

    If you are still skeptical about creating a Memorial or placing an order for a Memorial Gift Package online, you may place your order over the phone at (203) 481-5672 , or mail your order to Net Kinnections, Inc., 420 East Main Street Suite #13, Branford, CT, 06405, USA.

    INFORMATION WE COLLECT
    In designing the NetKin.com Sites, we started with the simple belief that customer privacy is important. Therefore, the personally identifiable information we collect is used to enhance your Memorial, and the experience you have when visiting it. Specific areas from which we collect data include:

    Your Input: We hope our customers will visit our "News" page and become part of the NetKin.com community. We print articles, movie, theater, and book reviews, that are recommended by our "NetKin" - that's all of you! We are interested in your ideas about what makes your grief experiences richer, less difficult, and what is most helpful. We hope to hear from you.

    Feedback: Your feedback is most important to us. We are attempting to create the most useful service we can. Your feedback enables us to do so, and is sincerely appreciated. Please email us or call us @ 203-481-5672 (9am-4pm EST).

    Your Ordering Information and Memorial Site Creation Information: We ask for your name, address, email address, and credit card - all of which are necessary for purchase and activation of your Memorial site. We ask further for information about the deceased that appears only on the Memorial site, which information will remain private (unless you choose, using your 'Personal Code', to make the Memorial public). As mentioned above, we use Netscape's Secure Socket Layer (SSL) technology to encrypt the information you send us when you place your order.

    USE OF COOKIES
    Cookies are pieces of information that a site transfers to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your preferences while you're at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard -- you'll find them at most major sites.

    We use cookies to specify unique preferences. This way you don't have to tell us over and over again, for example, about your Memorial preferences. They allow us to automatically link you and your kin to your personalized memorial sites, including the private message boards. Most Web browsers automatically accept cookies. Please check your browser's guidelines should you wish to prevent cookies, but please be aware that this will cause the process of creating an on-line memorial to become non-functional, and will make full use of a memorial already created, less than optimal.

    USE OF IP ADDRESSES
    An IP address is a number that's automatically assigned to your computer whenever you're surfing the web. Web servers automatically identify your computer by its IP address. NetKin.com collects IP addresses for the purposes of system administration. When guests request pages from any NetKin.com Sites, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Site Rules or Terms and Conditions of Use, or to protect our service, site, customers or others.
    LINKS TO OTHER SITES
    You could be directed to or from a NetKin.com Site from other sites that are beyond our control. There are links to other sites from NetKin.com that take you outside our service. For example, if you "click" on a NetKin.com search result, the "click" takes you off the NetKin.com Site. This includes links from advertisers. These other sites may send their own cookies to users, collect data, or solicit personal information.

    Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While NetKin.com strives to protect its users' personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk. NetKin.com's policy does not extend to anything that is inherent in the operation of the Internet and therefore beyond NetKin.com's control, and is not to be applied in any manner contrary to applicable law or governmental regulation.

    SECURITY
    The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. We exercise great care in providing secure transmission of your information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, NetKin.com cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

    Your NetKin.com account is password protected so that only you can access it and view the member information relevant to the account. We recommend that you do not divulge your password to anyone. NetKin.com will never ask you for your password in an unsolicited phone call or email. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information.

    Remember to sign out of your NetKin.com Account and quit your browser when you have finished your visit. This is to ensure that others cannot access your personal information and correspondence if your computer is accessible to others or if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

    PARENTAL CONSENT
    Children under 18 years of age are not permitted to submit credit card information on our site. We do not monitor or make any endorsement of the content of individual memorial sites.

    While death may be a difficult subject for some, it is a perfectly normal part of daily life, and it is exactly this attitude that NetKin hopes to promote. We feel that exposure to the joys and sorrows of life and death through the personal sites that our users share with their kin, will contribute to healthy emotional experiences for children and adults of all ages. We reccomend taking an active part in understanding the world that the children in your life experience. Previewing any internet content that you may be concerned about is a reasonable method of doing so, and can be a positive step toward enhanced communication. However, NetKin cannot and does not monitor the content of private or public memorials appearing anywhere on the internet.





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