TERMS & CONDITIONS FOR SUBSCRIBERS
This document contains important information about Your Semkhor Networks (hereafter Semkhor) membership. The terms "User," "You," or "Your" shall be used in this document to identify Members.
Below you will find some Terms of Participation ("Terms"), which may be updated by us from time to time without notice to you.
Access to Services
To become a Semkhor member, You must be at least 18 years of age or, if less than 18 years of age, have obtained parental consent. This Agreement is void, and Your use of the Services is not allowed, where prohibited by law.
The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service.
Semkhor may change, suspend, or discontinue any (or all) aspects of the Site at any time, including the availability of any content or features.
Acceptable Use Guidelines
Semkhor encourages Users to participate in the Internet experience, to voice their views, and to benefit from interactive experiences. Nonetheless, it is imperative that You are very aware that there are rules and standards that must be adhered to as a Semkhor User.
Users are solely responsible for their conduct while using any of Semkhor, including, but not limited to, the content of all e-mail messages You generate, all content in any folders, web pages, or any other interactions You generate, transmit, or maintain via Semkhor. Semkhor takes no responsibility for any such online distribution or publication by You or by any other party. Semkhor cannot and will not review every message or other content You or any other party may generate or post, and Semkhor is not responsible for the content thereof.
Semkhor may include discussion forums or other interactive areas (chat, instant messaging, etc.). Forums and interactive areas shall be used only for non-commercial purposes.
By using any of the Services, You agree not to do any of the following:
- Upload to, distribute or otherwise publish through Semkhor any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, federal or international law, including without limitation regulations of the US Securities and Exchange Commission or any rules of securities exchanges such as the New York Stock Exchange, the American Stock Exchange or NASDAQ.
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, You represent and warrant that You have the lawful right to distribute and reproduce such Content.
- Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
- Without Semkhor's written permission, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and junk e-mail ("spam").
As a Semkhor User, should You or anyone using Your privileges, violate the terms of this agreement (as determined in Semkhor's sole discretion), Semkhor reserves the right to delete, move, or edit any such items, and Semkhor may take other actions against You ranging from the issuing of a warning about a violation to the termination of User privileges without advance notice. Whether or not to take such actions at any time shall be at Semkhor's sole discretion.
Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Semkhor Site or Network, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Semkhor will immediately terminate, without warning, any account which it believes, in its sole discretion has breached this section.
Semkhor will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Semkhor reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas. Semkhor is entitled to disclose to law enforcement agencies any information about You, the User, and anything You do with respect to the Semkhor site and its tools. By Your use of the Semkhor site and its tools, You authorize Semkhor to take such action.
You are responsible for maintaining the confidentiality of Your information and Your login and password. You shall be responsible for all uses of your login and password, regardless of whether these uses are authorized by You. You agree to notify Semkhor immediately of any unauthorized use of your account or password.
Notwithstanding any of these terms and conditions, Semkhor reserves the right, without notice and in its sole discretion, to terminate a User's ability to access and use Semkhor. Semkhor does not provide mail or web page forwarding at termination. You may also terminate this Agreement and Your account by discontinuing Your use of the Semkhor Services. Once your account is terminated, all rights to the intellectual property of Semkhor are also discontinued.
Copyrights; Digital Millennium Copyright Act
Semkhor policy respects the copyright and intellectual property rights of others. Semkhor may remove content that appears to infringe the copyright or intellectual property rights of others. Semkhor retains the right to immediately terminate, without warning, accounts of users who appear to infringe upon the copyright or intellectual property rights of others, and may remove any content from the Semkhor Service that may infringe the copyright of a third party.
Semkhor's copyright agent for notice of claims of copyright infringement can be reached by mail or e-mail as follows:Customer Support
41 Wynmor Rd
Scarsdale, NY 10583
If you believe that any content posted on Semkhor's website, or any website that is part of Semkhor, infringes any of your intellectual property rights or the intellectual property rights of any third party, you shall promptly provide the following notice in writing to the address listed above: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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; (c) 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; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (e) 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 (f) 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. Semkhor may change this address at any time by posting a notice to its website.
You, the User will indemnify and hold Semkhor, its parents, subsidiaries, affiliates, officers, and employees harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of the User's access to the Site, use of the Services, the violation of this Agreement by the User, or the infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
Semkhor takes no responsibility and assumes no liability for any Content posted or uploaded by You or any third party, including, but not limited to, any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. Semkhor reserves the right, but not the obligation, to remove any materials it deems objectionable. You agree to hold harmless Semkhor and its affiliates and parties with whom Semkhor has contracted for purposes of communications made, or materials posted by others, or the use of third parties of this Site.
Any and all transactions entered into by the User on the Semkhor site or involvement by Users in promotions, including the delivery of and payment for goods and services, any stipulations, provisions, warranties, or representations related to such transactions or promotions are exclusively between You, the User and the Advertiser or other third party or Value Added Reseller. Semkhor shall not be held accountable or liable for any part of any such transactions or promotions.
This Addendum shall contain, but shall not be limited to, the following terms and conditions:
Only a License: You shall only be granted a license to the Services (including all of the services and software provided by Semkhor or its third party suppliers) and other intellectual property rights. All licenses granted pursuant to this agreement will expire upon termination of this agreement.
Ownership: This agreement shall not be interpreted to transfer any rights in any intellectual property from Semkhor to You. Semkhor or its licensors shall own all services, software, graphics, website design, copyrights, and other intellectual property provided by Semkhor in furtherance of this agreement. Use of aforementioned property is prohibited unless YOU are a subscriber or partner in good standing. Unauthorized use is a violation of copyright and intellectual property rights and is actionable under law.
Warranty: THE SOFTWARE AND SERVICES PROVIDED BY Semkhor SHALL BE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Semkhor DOES NOT WARRANT THAT ITS SOFTWARE OR SERVICES WILL BE ERROR FREE OR WITHOUT INTERRUPTION. Semkhor does not guarantee or warrant that any content or data You may have in Your account will not be subject to inadvertent damage, corruption, or destruction. If any data, messages, images, or other content in Your account are stored by Semkhor on its system and that media becomes damaged, lost, or corrupted in any way; Semkhor will have no obligation or liability to You.
Liability Limitations: EXCEPT AS TO INDEMNITY, IN NO EVENT SHALL Semkhor, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSemkhor IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of consequential damages, so this provision may not apply to You.
Confidentiality: All information of either party that would be reasonably considered to be confidential shall not be disclosed or used by the other party except in furtherance of this agreement and to employees with a need to know such information.
Governing Law: This agreement shall be governed by the laws of the State of New York without regard to the conflict of laws principles thereof.
You are herby notified that PPS is an authorized agent to bill and collect membership fees on behalf of Semkhor. PPS is a billing company not a collection agency, however, PPS may refer an account to a collection agency or attorney's office for debt collection and/or credit reporting.
Failure to to make use of the services provided by Semkhor does not signify or imply notification to cancel this agreement.
You assume all responsibility for any costs of collection, including but not limited to reasonable collection agency fees, court costs, reasonable attorney's fees, and applicable late charges, that may be incurred for default payments.
The membership fees for Semkhor programs are based on a 4 week month or 48 week year.
Membership is non-cancelable and non-transferable except as stated herein.
You authorize the use of a disclosed e-mail address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership.
A minimum of 30 days notice is required for cancellation of this agreement. You retain membership rights and privileges until the notification period expires. Semkhor may raise the billing rate of memberships providing advance notice equal to the cancellation notice stated herein.
This agreement may be cancelled for any reason without penalty or further obligation within 3 days from the date of this agreement. Cancellation shall be made in writing and mailed to PPS and Semkhor by dated mail. All money paid by you shall be refunded by the collector within 30 days of receipt of this notice of cancellation. However, Semkhor may retain expenses incurred and the portion of the total price representing the services used and completed based on the hourly rate of $80. Down payments are non-refundable after the 3 days.
If site owner becomes deceased, you shall be relieved of further obligation under this agreement not then due and owing.