Terms and Conditions of Service

The following are the terms and conditions for use of the Net2one service (the "Service"). Please read them carefully. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

1. PREAMBULE

Net2one has designed, developed and operates an innovative and original service making it possible to search and receive news information from various online content suppliers.

After having obtained all required information from Net2one with respect to the Service, the user has decided to become to use the Service in accordance with the present Terms and Conditions.

2. CONTRACTUAL DOCUMENTS

The contractual documents are, by priority order:
- § the present Terms & Conditions (T&Cs) ; and
- § the online registration form.

3. PURPOSE

The purpose of the present T&Cs is to lay down the conditions of use of the Service by its members. The Service is offered to each member conditioned on the member's acceptance of and compliance with the terms, conditions, and notices contained herein.

4. DEFINITIONS

• " Member ": a natural or legal person who has signed up to the Service.
• " Service agreement ": the set of contractual documents consisting of the present T&Cs and of the online registration form.
• " News extracts ": extracts from news and articles published by various online publications and indexed by Net2one within the Service for distribution in the form of search results. The News Extracts generally consist of the title, the first 150 characters, the name of the publication and a hyperlink to the original page.
• " DataCenter ": a section of the Website to which Members can log in to read the latest News Extracts, configure the Service, modify their profile, change subscription package.
• " Registration form ": the registration form that the Member must fill out and confirm in order to sign up to the Service, along with its payment, as the case may be.
• " Identifiers ": the Member's e-mail address and a password chosen by the Member during registration.
• " Website ": the website of the Service, available, inter alia, on www.net2one.com .

5. THE SERVICE

Net2one is a Service which aims at distributing to each Member customized News Extracts based on the Member's selection of topics, sources and/or search queries. The Service includes:

• the Search Engine: a search engine that indexes online publications and distributes News Extracts to Members on demand by query;
• The Newsletter: a customized periodical newsletter in which are displayed the latest News Extracts on the queries or from the sources selected by each Member, according to its subscription package and configuration.
• The DataCenter: a Members-only section of the Website where a Member can view the latest News Extracts on the queries or from the sources selected by the Member, according to its subscription package and configuration.

Net2one may make any modifications and improvements to the Service that it deems necessary and/or useful to ensure the good operation of the Service.

Net2one.com reserves the right to add and delete sources from the Service at any time and without notice. New content topics may be added to the Service, and the Service may be accessible on additional media, and generally, additional features may be implemented into or removed from the Service.

6. TECHNICAL SUPPORT

The Service requires the use of a computer with an internet access, an e-mail application or service and a web browser.

Net2one.com provides Members with online technical support to help resolve difficulties that Members may encounter in the course of their use of the Service. Members can seek technical support by filling out a dedicated form on the Website.

Net2one.com will make its best efforts to provide Members with an prompt answer by e-mail.

7. THE REGISTRATION PROCESS

Registration to the Service is made online, by way of a computer with an internet access, 24/7 except in case of force majeure or of events out of Net2one's control, and subject to potential technical failures and necessary maintenance on the Service.

The registration process is composed of several steps during which the user wishing to register must fill out the Registration form with all required information and by choosing its Identifiers, which the Member shall keep confidential and safe.

The registration is legally concluded when the Member confirms its registration after reviewing a summary of his selected features and subscription package, and by declaring his acceptance of the T&Cs as well as the Privacy Policy.

In the event the Member has selected a premium subscription package, the Member proceeds with payment by credit card through a secure online interface. In this case, although the registration is effective as from its completion, the subscription package will only be effective upon receipt by Net2one of the complete payment.

8. SUBSCRIPTION PACKAGES

Members can select one of the following subscription packages:

• Guest package : This package is free of charge and includes access to the DataCenter and to the Newsletter, in order to receive News Extracts by Source.
• 3-queries package : This package is available at the price of 9.90 € per month (before VAT) if the subscription duration is 6 months or 7.90 € per month (before VAT) if the subscription duration is 1 year. It includes all of the features of the Guest package, with the addition of : receipt of News Extract from 3 queries, a history of clicked hyperlinks, a real time alert feature, and news folders sharing features.
• Unlimited package : This package is available at the price of 29.90 € per month (before VAT) if the subscription duration is 6 months, 19.90 € per month (before VAT) if the subscription duration is 1 year or 14.90 € per month (before VAT) if the subscription duration is 2 years. It includes all of the features of the Guest package, with the addition of: receipt of News Extract from an unlimited number of queries, a direct access to the Search Engine, a history of clicked hyperlinks, a real time alert feature, and news folders sharing features.
• Corporate packages : Various packages are also available for businesses wishing to acquire several licenses at once, at discounted rates. Such packages are offered on demand.

9. ACCESS TO THE SERVICE

Each registered Member is granted a non-exclusive, personal and non-transferable right to access and use the Service, including the DataCenter and the News Extracts distributed on the Service. Each Member undertakes not to give access to the Service to any third party, and not to redistribute for collective use the News Extract obtained from the Service.

Any unauthorized access to the Service and any violation of the present Service agreement may justify the immediate termination of the account by Net2one.com .

Furthermore, fraudulent access to or use of the Service may be subject to civil and criminal proceedings in accordance with applicable law. The French Criminal Code punishes such violations by up to one-year imprisonment and a fine of 15 000 €.

10. USE OF NEWS EXTRACTS

News Extracts originate from third party content publishers and may be protected by copyright. The present Service agreement does not grant Members any intellectual property right, whether on News Extract or on any element of the Service.

Access to and use of articles through the News Extracts are subject to the specific terms of the third party website. In most cases, users are only granted a right to access and use the content for personal, non collective and non commercial purposes. Any reproduction or performance of the content not covered by fair use or fair dealing provisions under applicable law, and in particular any collective redistribution of all or part of the content on any media may be a violation of copyright.

11. LIABILITY

Net2one.com offers its technology on an "as is" basis. Net2one.com distributes information supplied by third parties and provides links and references gathered automatically. Therefore, you should not assume that any materials identified, located or obtained through the use of the Service are error-free, that a search will return accurate, reliable, timely, correct, useful or complete results, or that your use of the Service will be uninterrupted.

Inclusion of any News Extract or any third party content in the Service in no way constitutes an endorsement or authentication of that material by Net2one.com. As a condition of using this service, you assume all risk of loss resulting from the use of, or reliance upon, this web site or any materials identified, located or obtained by using the Service

The Member acknowledges that Net2one.com has fulfilled all of its information obligations with respect to the essential characteristics of the service, in order for the Member to decide whether the Service meets its needs.

NET2ONE.COM AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS AND DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL CONDITIONS OF QUALITY.

NET2ONE.COM'S AND ITS SUPPLIERS' AND LICENSORS' TOTAL LIABILITY ARISING OUT OF ANY TYPE OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL BE LIMITED TO ANY AMOUNTS YOU MAY HAVE PAID TO NET2ONE.COM AND, IN THE ABSENCE OF ANY SUCH PAYMENT, NET2ONE.COM AND ITS SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NET2ONE.COM OR ITS SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, MULTIPLE, PUNITIVE OR SIMILAR DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR ANY AND ALL OTHER LOSS RESULTING FROM YOUR USE OF THIS WEB SITE OR ANY MATERIAL REFERENCED BY, OR OBTAINED BY USING, THIS WEB SITE (INCLUDING ANY LOSS CAUSED BY ANY HARMFUL, CORRUPTED, DEFECTIVE, VIRUS-INFECTED, INDECENT OR OBSCENE MATERIALS), ARISING OUT OF ANY TYPE OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), WHETHER OR NOT NET2ONE.COM OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. TERMINATION

Free membership: Membership registration is concluded for an undetermined duration and free of charge. Except where a premium subscription package is subscribed, each Member can terminate its registration at any time. Net2one.com reserves the right to suspend or terminate free memberships at will, at any time, subject to a prior notice 8-days before termination, without any right to compensation to the Member.

Premium subscription packages: In case a premium subscription package is subscribed, access to the premium features shall only be granted for the duration of the corresponding premium subscription package selected by the Member. Any amounts paid by the Member for a premium subscription package is non-refundable.

As regards Members with premium subscription packages and free memberships, Net2one reserves the right to immediately terminate such package and/or registration without notice in case of a violation by the Member of any provision of the present Service agreement.

13. AMENDMENTS TO THE T&Cs

Net2one.com reserves the right to modify or amend the present T&Cs, as well as the pricing of its subscription packages at any time. Members will be informed by e-mail of any such modification, at least 8 days prior to the effective date of change.

Any use of the Service after the effective date of change shall be deemed an acceptance by the Member of the new T&Cs.

The updated T&Cs available on the Website shall prevail on any earlier printed version.

14. DISCLAMER REGARDING ONLINE CONTENT

Net2one.com generates News Extracts automatically from the Internet and any query may return unexpected or unwanted references. These references may contain offensive or obscene material, or may provide links to offensive or obscene material. Because Net2one.com merely links to -- and does not publish -- content supplied by third parties or generally available on the Internet, Net2one.com has no more editorial control over such information than does a public library, bookstore, or newsstand. Therefore, in no event shall Net2one.com be liable or responsible for such content and services as well as for decisions of any kind made on the basis thereof.

Any information, opinion, advice, statement, service, offer, or other materials or content including but not limited to images, sound files, data files, databases, executable application files or any other material expressed or made available by such third parties or Internet references are the property and responsibility of the respective author(s) or distributor(s) and not of Net2one.com.

Members acknowledge and accept the specificities and limits of the Internet and recognizes in particular that, except for its secure payment platform, Net2one.com makes no warranty as to the security of data transmission on the Internet.

Members' Identifiers must be kept confidential under the sole responsibility of each Member. Each Member is also responsible for protecting its software and equipment against harmful intrusions or viruses.

Members are solely responsible for their use of the information they search, view, or transmit over the Service and the Internet.

15. INTELLECTUAL PROPERTY

Members undertake to comply with Net2one.com's and third party content publisher's intellectual property rights. Members undertake to keep all copyright notices on the content they access through the Service.

The layout, design, files, images and all other contents of the Service and Website owned by Net2one.com are protected by national and international intellectual property laws, conventions and treaties. The information content contained within the Service belongs to the respective owners of the publications, and is also protected by national and international intellectual property laws, conventions and treaties. Members may not make or distribute multiple copies, create modified versions of the content or engage in any other acts inconsistent with the principles of copyright protection and fair use or fair dealing under applicable laws.

The information accessible through the Service and the Website may not otherwise be used, copied, distributed, performed, sublicensed, modified, rented, altered, reverse engineered or recompiled in any manner without the express written consent of its owner.

Net2one™ is a trademark of Net2one.com. All other trademarks are the property of their respective owners.

16. MISCELLANEOUS

16.1 Force majeure : In an initial phase, events beyond the control of the parties affecting the capacity to perform all or part of this agreement shall suspend its performance. Such events shall include, but are not limited to, flood, drought, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and generally all events recognized as force majeure by French case law.

16.2 Titles : In case of contradiction between a section title and any section of the present T&Cs, or in case of difficulties construing such a section or title, the titles shall be considered non-existent.

16.3 Entire Agreement :The Service agreement expresses all of the parties' rights and obligations.

16.4 Nullity : Should one or several stipulations of the present T&Cs be considered invalid or declared to be invalid in application of a law, a regulation or following a final decision made by a competent court, the other stipulations shall retain all of their effectiveness and their scope.

16.5 Tolerance : The parties reciprocally agree that the fact that one or the other of the parties tolerates a situation does not have the effect of granting any vested rights to the other party. Moreover no such tolerance may be construed as a waiver of the right to assert the rights in question.

16.6 Assignment : This Service agreement may not be assigned in all or in part by the Member. It may however be transferred with the assets or goodwill of Net2one.com in case of takeover or merger with another legal entity.

16.7 Choice of Law : This Service agreement shall be governed by French law.

16.8 Disputes : In case of a dispute arising out of this agreement, the parties agree, prior to any judicial action, to submit to an amicable resolution procedure. Any party wishing to invoke the said procedure shall give notice thereof to the other party, by registered mail with acknowledgment of receipt, giving the other party 15 days to respond. If such procedure is successful, the parties shall execute a settlement agreement

IN CASE OF A DISPUTE AND AFTER A VAIN SEARCH FOR AN AMICABLE RESOLUTION, THE PARTIES AGREE TO SUBMIT THEIR DISPUTE TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS.