User Agreement
Privacy Policy
Terms of Use

Document Updated: November, 2019
[email protected]

 

PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT.

This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and New Mexico Domains (“ New Mexico Domains ,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at newmexicodomains.com or any part of the rest of the Site (defined in the Terms of Use) or the Site Services (defined in the Terms of Use).

This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Terms of Service; Terms of Use; and Privacy Policy. These agreements are collective, with this Agreement, called the “Terms of Service”.

Subject to the conditions set forth herein, New Mexico Domains may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. New Mexico Domains will provide reasonable advance notice of any amendment that includes, at a minimum, a change to the Terms of Service that reduces your rights or increases your responsibilities, by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If any changes increase to Fees charged by New Mexico Domains , New Mexico Domains will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change.

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.

1. New Mexico Domains ACCOUNTS
   
   1.1 REGISTRATION AND ACCEPTANCE
   By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. New Mexico Domains reserves the right to decline a registration to join New Mexico Domains , for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself, your company or the company employing you.

1.2 ACCOUNT ELIGIBILITY
To register for an Account or use the Site and Site Services, you must (a) comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, (b) be a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.

1.3 ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, New Mexico Domains may close any or all related Accounts.

1.4 USERNAMES AND PASSWORDS
When you register for an Account, you will be given a username (your email address) and a password (randomly-generated) for the Account, both of which will be emailed to the address you specified. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize New Mexico Domains to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.

1. New Mexico Domains FEES
   2.1 MEMBERSHIP FEES
   Users pay New Mexico Domains a membership fee if they subscribe for a paid monthly membership plan or paid monthly website maintenance plan. Users may subscribe to different subscription levels and privileges on the Site or cancel their membership at any time.
2. DISCLAIMERS
   THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

1. LIMITATION OF LIABILITY
   IN NO EVENT WILL New Mexico Domains BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL New Mexico Domains ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID New Mexico Domains IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1. RELEASE
   You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

1. INDEMNITY
   You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
2. TERM AND TERMINATION
   Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
3. LEGAL DISPUTES
   PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND New Mexico Domains HAVE AGAINST EACH OTHER ARE RESOLVED.

You and New Mexico Domains agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

8.1 CHOICE OF LAW
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to any principles that provide for the application of the law of another jurisdiction.

8.2 AGREEMENT TO ARBITRATE
You and New Mexico Domains each agree that any and all disputes or claims that have arisen or may arise between you and New Mexico Domains relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to New Mexico Domains Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Santa Fe County, New Mexico, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the United States District Court for the Eastern District of North Carolina.

1. GENERAL
   9.1 ENTIRE AGREEMENT
   This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and New Mexico Domains relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though New Mexico Domains drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or New Mexico Domains because of the authorship of any provision of the Terms of Service.

9.2 MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Service will be binding upon New Mexico Domains unless in a written instrument signed by a duly authorized representative of New Mexico Domains or posted on the Site by New Mexico Domains . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

9.3 ASSIGNABILITY
Users may not assign the Terms of Service, or any of its rights or obligations hereunder, without New Mexico Domains ’s prior written consent in the form of a written instrument signed by a duly authorized representative of New Mexico Domains. New Mexico Domains may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

9.4 SEVERABILITY
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

9.5 FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

9.6 PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions if any. The Site is controlled and operated from our facilities in the United States.

9.7 ACCESS OF SITE TO OUTSIDE THE UNITED STATES
New Mexico Domains makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.

In order to access or use the Site or Site Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.

Privacy Policy
Document Updated: November, 2019
[email protected]

New Mexico Domains (“ New Mexico Domains ,” “we,” “our,” and “us”) is committed to maintaining privacy protections for its Users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us.

By accepting our Privacy Policy and Terms of Service you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

GENERAL TERMS
Our website (newmexicodomains.com) is referred to as the “Site.”

Our Site, including without limitation information provided by us, together are called the “Platform.”

We call a user of our Platform or Site, a “User,” or collectively, the “Users”.

“You” and “Your” refer to an individual User of our Platform.

“Terms of Service” refers to our terms, which can be found at Terms of Service. This Privacy Policy is incorporated into and considered a part of, the Terms of Service.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT
We do not knowingly collect personal information from children under 13 years of age. Our Platform is not directed to children under the age of 13 and children under 13 are not permitted to use the Our Platform. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will delete or disable such information. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please let us know at [email protected].

TYPES OF DATA WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

INFORMATION YOU PROVIDE TO US
We retain information on your behalf, such as files and messages that you post on our Site.

If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

When you participate in one of our surveys, we may collect additional information that you knowingly provide.

When you post messages on the Platform or on a Social Media Site (“SNS”) where we have a page or presence (collectively “SNS Pages”), the information contained in your posting may be republished on our Site and other Users may be able to see them.

INFORMATION COLLECTED VIA TECHNOLOGY
In an effort to improve the quality of the Platform, we track information provided to us by your browser, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Platform, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a User’s browser from our servers and are stored on the User’s computer hard drive. Sending a cookie to a User’s browser enables us to collect Non-Personal information about that User and keep a record of the User’s preferences when utilizing our Platform, both on an individual and aggregate basis.

We use Google Analytics, a web analytics service. Google Analytics uses cookies to help us analyze how visitors use the Site. The information generated by the cookie about your use of the Site and our Platform (including your IP address) will be transmitted to and stored by a Google server in the United States. Google uses this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators, and providing Site operators with other services relating to Site activity and internet usage. Users can opt out of Google Analytics at any time, using the Google Analytics Opt-out Browser Add-on.

USE OF YOUR PERSONAL INFORMATION
In general, Personal Information you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Information in the following ways:

• to facilitate the creation of and secure your Account on the Platform;
• identify you as a User on our Platform;
• provide improved administration of our Platform;
• provide the Platform features you request;
• improve the quality of experience when you interact with our Platform;
• send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
• send you administrative e-mail notifications, such as security or support and maintenance advisories;
• to send newsletters, surveys, offers, and other promotional materials related to our Platform and for other marketing purposes including those of third parties; and perform marketing or data analysis.

USE OF YOUR NON-PERSONAL INFORMATION
In general, we use Non-Personal Information to help us improve the Platform and customize the User experience. We also aggregate Non-Personal Information in order to track trends and analyze usage patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

DISCLOSURE OF YOUR PERSONAL INFORMATION
We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

THIRD PARTY SERVICE PROVIDERS
We may share your Personal Information with third party service providers to provide you with the Platform that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to provide technical support; and/or to provide other functionality related to the Platform.

OTHER DISCLOSURES
Regardless of any choices you make regarding your Personal Information (as described below), New Mexico Domains may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on New Mexico Domains ; (c) to protect or defend the rights or property of New Mexico Domains or users of the Platform; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

LINKS TO THIRD PARTY WEBSITES
As part of the Platform, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Platform. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Platform. To the extent that you access or use the Platform through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage Users to read the privacy statements of other websites before proceeding to use them.

YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a User, the User can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You can also indicate that you do not wish to receive marketing communications from us in the “Settings” section of your Account. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of your Account, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy. You may opt-out of receiving communications from us, remove your information from our Platform, choose to not receive future communications related to the Platform, or cancel your account at any time. If you receive unsolicited email from our domain (newmexicodomains.com), please contact us at [email protected].

SECURITY OF YOUR PERSONAL INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Platform, you acknowledge that you understand and agree to assume these risks.

CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Site. Significant changes will go into effect no earlier than 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

Terms of Use
Document Updated: November, 2019
[email protected]

1. INTRODUCTION
   The New Mexico Domains Site Terms of Use describe when and the conditions under which you are allowed to access or use the Site. Please read these Site Terms of Use carefully. Some visitors to our Site simply visit the publicly available portions of our Site. If you do not agree to these Site Terms of Use, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site.
2. LICENSES AND THIRD-PARTY CONTENT
   2.1 New Mexico Domains ’s PROVISION OF THE SITE AND LIMITED SITE LICENSE
   New Mexico Domains grants you a limited license to access the Site and Site Services. This license is subject to and conditioned on compliance with the Site Terms of Use and, to the extent applicable, the rest of the Terms of Service. We try to keep our Site and the Site Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.

2.2 TERMINATION OF THE LIMITED SITE LICENSE
New Mexico Domains may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon New Mexico Domains providing such notice.

2.3 New Mexico Domains INTELLECTUAL PROPERTY
New Mexico Domains and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The New Mexico Domains logos and names are trademarks of New Mexico Domains and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Nothing in the Terms of Service grants you a right to use any New Mexico Domains Marks.

2.4 YOUR INTELLECTUAL PROPERTY
2.4.1 YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF New Mexico Domains
When you post User Content on the Site or through the Site Services or provide New Mexico Domains with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.

You acknowledge and agree that the poster of User Content, and not New Mexico Domains , is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.

You will indemnify, defend, and hold harmless New Mexico Domains , our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.

2.4.2 YOUR RIGHTS AND LICENSE TO New Mexico Domains AND OTHER SITE VISITORS
You retain all ownership rights in any User Content you post on New Mexico Domains . To the extent permitted by applicable law, you also grant to New Mexico Domains and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and New Mexico Domains ’s, our successors’ and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law.

2.4.3 YOUR COMMENTS AND IDEAS
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place New Mexico Domains under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, New Mexico Domains does not waive any rights to use similar or related ideas, including those known or developed by New Mexico Domains or obtained from sources other than you.

2.5 THIRD-PARTY INTELLECTUAL PROPERTY
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of New Mexico Domains . New Mexico Domains neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than New Mexico Domains’s authorized agents acting in their official capacities.

The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.

2.6 COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
New Mexico Domains is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by complying with New Mexico Domains ’s Proprietary Rights Infringement Reporting Procedures.

1. PROHIBITED SITE USES
   You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

3.1 EXAMPLES OF PROHIBITED USES OF THE SITE
The following are examples of uses that are prohibited on the Site or when using the Site Services:

• Seeking, offering, promoting or endorsing and services, content, or activities that:
• are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
• would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
• would violate (a) MyListing Club’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
• regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
• regard or promote in any way any escort services, prostitution, or sexual acts; or
• are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
• Fraudulent or misleading uses or content, including:
• misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
• using a profile photo that misrepresents your identity or represents you as someone else;
• impersonating any person or entity, including, but not limited to, an New Mexico Domains representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• falsely stating or implying a relationship with another User.
• falsely attributing statements to any New Mexico Domains representative, forum leader, guide or host;
• falsely stating or implying a relationship with New Mexico Domains or with another company with whom you do not have a relationship;
• allowing another person to use your account, which is misleading to other Users; or
• falsely stating that one User will perform the work on a job when another will, in fact, perform the work, including submitting a proposal on behalf of another User that is unable, unwilling, or unavailable to do the work;
• expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
• posting identifying information concerning another person;
• spamming other Users with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;
• making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
• attempting to or actually manipulating or misusing Feedback, including by:
• withholding Services or payment or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
• attempting to coerce another User by threatening to give negative feedback;
• expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or
• offering services for the sole purpose of obtaining positive feedback of any kind;
• duplicating or sharing accounts;
• selling, trading, or giving an account to another person without New Mexico Domains ’s consent;
• sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;
• conduct actions that could jeopardize the integrity of or circumvent the Site, Site Services or New Mexico Domains ’s proprietary information, including:
• interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
• bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
• attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
• using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
• attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
• collecting or harvesting any personally identifiable information, including Account names, from the Site;
• attempting to or imposing an unreasonable or disproportionately large load (as determined in New Mexico Domains ’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of New Mexico Domains or any third party;
• accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
• framing or linking to the Site or Site Services except as permitted in writing by New Mexico Domains
• attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or New Mexico Domains or
• accessing or using the Site or Site Services to build a similar service or application, identify or solicit New Mexico Domains Users, or publish any performance or any benchmark test or analysis relating to the Site.

3.2 ENFORCEMENT
We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section 4 or any other potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.

3.3 REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Site Terms of Use, you must notify us immediately. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Site Terms of Use.