Who we are
Our website address is: https://newmexicodomains.net.
Document Updated: May 2020
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.
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.
- 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.
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.
- 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.
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.
- 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.
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.”
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.
- 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.
- 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.
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.
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.
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.
Document Updated: May 2020
Our website (newmexicodomains.net) 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.
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.
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
DISCLOSURE OF YOUR PERSONAL INFORMATION
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.
LINKS TO THIRD PARTY WEBSITES
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
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.
Document Updated: may 2020
- LICENSES AND THIRD-PARTY CONTENT
2.1 New Mexico Domains ’s PROVISION OF THE SITE AND LIMITED SITE LICENSE
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
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 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.
- 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) New Mexico Domains’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.
3.3 REPORTING AND CORRECTING VIOLATIONS
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
What automated decision making and/or profiling we do with user data
Industry regulatory disclosure requirements
NewMexicoDomains guarantees that the network will be available 99.9% of the time in a given month, excluding scheduled maintenance. NewMexicoDomains will refund the customer 5% of the monthly fee per additional 1 hour of downtime (up to 100% of customer’s monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and NewMexicoDomains records such failure. NewMexicoDomains cannot be responsible for its upline providers or any adverse conditions that may occur outside of the NewMexicoDomains network. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
NewMexicoDomains guarantees the functioning of all leased/rented hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin immediately upon identification of the hardware failure and is guaranteed to be complete within 2 hours of problem identification. In the event that it takes us more than 2 hours to replace faulty hardware, NewMexicoDomains will refund the customer 5% of the monthly fee per additional hour of down time (up to 100% of customer’s monthly fee). Please note, the setup fee on dedicated servers is non refundable. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
At NewMexicoDomains, we value our Customers and wish to provide them with a positive experience. To offer you the best service possible, all Customers need to follow the same rules and guidelines. These policies are intended to make NewMexicoDomains’s Service available to all our Customers as consistently and efficiently as possible.
All services may be used for lawful purposes only. Through NewMexicoDomains’s Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, eMail, or other Services that enable you to send or post materials (“content”) and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the NewMexicoDomains Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances or Regulations.
NewMexicoDomains is not obligated to monitor the Network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, NewMexicoDomains has the right, but not the obligation, to edit, remove or deny access to such content. NewMexicoDomains may disclose any content or records concerning Customer’s account as required to satisfy any Law, Regulation, Governmental Request or Court Order.
Pornography and sex-related merchandising are prohibited on all NewMexicoDomains Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to NewMexicoDomains’s Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk eMail Service is not allowed. Below are some examples of non-acceptable content or links:
Adult Sites – Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations – Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
Hacking/Phreaking – Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.
Customers may not use the NewMexicoDomains Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a Server or Account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s Security Policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a Host or Network. NewMexicoDomains will cooperate fully with investigations of violations of Systems or Network Security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate System or Network Security may incur Criminal or Civil Liability.
Each NewMexicoDomains Account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by NewMexicoDomains is not allowed.
Chat Rooms NewMexicoDomains prohibits its Customers from installing outside chat rooms on their Domain, as these tend to be a resource problem. NewMexicoDomains does provide its Customers a choice of Java Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of Customers and function without hindering the performance of the Servers for others.
Any Web Site that requires a significantly high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs
Background Daemons in general are prohibited. NewMexicoDomains will consider requests on a Per Application Basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
NewMexicoDomains currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers in the NewMexicoDomains Network.
Commercial Advertising/ Mass Mailings
You must not use the NewMexicoDomains Network, NewMexicoDomains Equipment or any NewMexicoDomains eMail Address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the NewMexicoDomains Network, NewMexicoDomains Equipment or any NewMexicoDomains eMail Address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, NewMexicoDomains reserves the right to disable your Domain. In addition, NewMexicoDomains may impose a $100 penalty for each spam policy violation. NewMexicoDomains solely reserves the right to refuse or cancel service to known spammers. Lastly, NewMexicoDomains reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of Indecency and Obscenity Laws can result in Criminal Penalties.
Intellectual Property Rights
Material accessible to you through NewMexicoDomains’s Services may be subject to protection under the United States or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or Proprietary information. Except when expressly permitted by the owner of such rights, you must not use the NewMexicoDomains Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the NewMexicoDomains Network. If you use a domain name in connection with the NewMexicoDomains Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party. New Mexico Domains may provide Themes, Templates and other products and services from third parties.
Defamatory speech distributed over the Internet can result in Civil Liability for the defamer.
Refusal of Service
NewMexicoDomains reserves the right at its sole discretion to refuse or cancel service. Violation of any of NewMexicoDomains’s Rules and Regulations could result in a Warning, Suspension, or possible Account Termination. Accounts terminated due to policy violations will not be refunded.
To authenticate a cancellation request, you must fill out the On-line Cancellation Form. You must include your Account eMail Address, Account Name, Account Password and the Domain on which you want to cancel the hosting.
We cannot accept cancellation requests over the phone for security reasons.
30 Day Money Back Guarantee
NewMexicoDomains provides a 30 day “no nonsense” money back guarantee for all direct hosting accounts. If for any reason, you request cancellation before your 2nd bill date, we will refund you the 1st month’s cost. Please note that the setup fee for dedicated servers (NewMexicoDomains) and fees for resold domains are non-refundable.
Customer agrees that it will protect, indemnify, save and hold NewMexicoDomains harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against NewMexicoDomains , its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold NewMexicoDomains harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with NewMexicoDomains ‘s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a Customer from NewMexicoDomains ‘s Services.
NewMexicoDomains will not be responsible for any damages your business may suffer. NewMexicoDomains makes no warranties of any kind, expressed or implied for services we provide. NewMexicoDomains disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NewMexicoDomains and its employees. NewMexicoDomains reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
NewMexicoDomains furthermore expects that its Customers who provide Internet services to others will fully comply with all applicable laws concerning the Privacy of On-line Communications. A Customer’s failure to comply with those laws will violate this policy. Finally, NewMexicoDomains wishes to emphasize that in accepting services, Customers indemnify NewMexicoDomains for the violation of any law or NewMexicoDomains policy, that results in loss to NewMexicoDomains or the bringing of any claim against NewMexicoDomains. This means that if NewMexicoDomains is sued because of activities of the Customer that violate any law, or this policy, the Customer will pay any damages awarded against NewMexicoDomains, plus costs and reasonable attorneys’ fees.
NewMexicoDomains insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used “solely” by NewMexicoDomains, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber. We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority. NewMexicoDomains is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.
- Last Revision May 1, 2020