General Terms and Conditions
By accessing, viewing and using of this website, owned and operated byNetCraft Global Limited (hereinafter referred to as “NetCraft”, “We”) viaaddress www.topofferit.com (hereinafter referred to as “Website”) and by using orclicking “Register”, “Sign in” (or any alike item), or by using of any servicesprovided by NetCraft through the Website, or by using of any other relatedservices you acknowledge that you have read, understand, and unconditionallyagree to be bound by these Terms and Conditions (hereinafter referred to as“Terms”).
NetCraft may at any time, without notice, amend these Terms. You agree tocontinue to be bound by any amended terms and conditions and that NetCraftmay at any time, without notice, amend the Terms having no obligation tonotify you of such amendments.
You acknowledge that it is your responsibility to periodically check these Termsfor changes and that continued use of the Website and services offered byNetCraft following the posting of any changes to the Terms indicates youracceptance of any such changes. If you do not accept the Terms, do not accessthis Website and/or do not use the services provided by NetCraft through theWebsite.
These Terms together with any other policies or guidelines posted on theWebsite and/or incorporated herein by a reference or a link constitute a legaland binding agreement between you (hereinafter referred to as “Client”, “You”)and NetCraft.
Subject to the terms and conditions of these Terms NetCraft will provide via theWebsite such services as NetCraft may, in its sole discretion, determine fromtime to time. Unless expressly stated otherwise in writing, all agreements andother transactions entered into between NetCraft and You shall be governed bythese Terms, as amended from time to time.
Client’s Website Registration and Account
- You hereby expressly consent that You are solely responsible for the useof Your login and password for the Account, for any registration dataprovided for Account creation, and for any actions done during any use ofYour Account. You agree to keep Your login information and passwordprivate and to immediately notify NetCraft of any unauthorized Accountactivity. You are solely responsible for any loss or damage You or NetCraftmay suffer as a result of Your failure to do so. You may not transfer or sellyour Account to any third party.
- You may close Your Account with the Website at any time by sendingrespective request to NetCraft.
- By creating an Account, You also consent to receive electroniccommunications from NetCraft (e.g., via email). These communicationsmay include notices about Your Account (e.g., password changes andother transactional information) and are part of Your relationship withNetCraft. You agree that any notices, agreements, disclosures or othercommunications that NetCraft sends to You electronically will satisfy anylegal communication requirements, including, but not limited to, thatsuch communications shall be deemed in writing. NetCraft may also sendyou promotional communications via email, including, but not limited to,newsletters, special offers, surveys and other news and informationNetCraft thinks will be of interest to You. You may opt out of receivingsuch promotional emails at any time by following the respectiveunsubscribe instructions.
- By registering as a Client You covenant, represent, and warrant that:
- You have accepted and agree to be abide by these Terms;
- You are at least 18 years of age in case You are a natural person;
- You meet all the eligibility criteria and residency requirements, andare fully able and legally competent to use the Website, enter intoagreement with NetCraft and in doing so will not violate any otheragreement to which You are a party;
- You are the legal owner of the funds you pay for NetCraft servicesand that the same funds derive from a legitimate and legal source;
- using the Website and/or services does not constitute a breach ofyour home jurisdictions’ laws;
- You will not be involved in any illegal activities in the course ofusing the Website, under the threat of blocking your Account in anycase of identifying such violations
- You will provide correct, genuine and up-to-date information ordocuments and You will pass any requested verifications if werequire any KYC-procedure (in particular to protect your Account) orif it is required for proper using of the Website and/or servicesprovided by NetCraft through the Website;
- any personal details You provide are correct, genuine and up-to-date;
- You are not located in, or a citizen or resident of any state, countryor other jurisdiction that is under US and/or EU sanctions; ajurisdiction where it would be illegal according to local law for you(by reason of your nationality, domicile, citizenship, residence orotherwise) to access or use the Website; a jurisdiction where thepublication or availability of the Website is prohibited or contrary tolocal law or regulation, or could subject NetCraft to any localregistration or licensing requirements (together, the "ProhibitedJurisdictions"). We may, in our sole discretion, implement controls to restrict access to the Website in any of the ProhibitedJurisdictions. If we determine that you are accessing the Websitefrom any Prohibited Jurisdiction, or have given false representationsas to your location of citizenship or place of residence, we reservethe right to close your Account immediately.
When accessing and using the Website, You must:
- not attempt to undermine the security or integrity of NetCraftcomputing systems or networks;
- not use, or misuse, the Website in any way which may impair oralter the functionality of the Website or impair or alter the ability ofany other user to use the Website;
- not attempt to gain unauthorized access to the computer systemand servers on which the Website is hosted or to any materialsother than those to which you have been given permission toaccess;
- not transmit or input into the Website any files that may damageany other person’s computing devices or software; content thatmay be offensive; or material or data in violation of any law(including data or other material protected by copyright or tradesecrets which you do not have the right to use);
- not attempt to modify, copy, adapt, reproduce, disassemble,decompile or reverse engineer any computer programs used to tooperate the Website except as is strictly necessary to use either ofthem for normal operation.
It is your responsibility entirely to provide us with correct personaldetails. We accept no liability resulting in You not receiving the servicesdue to You providing incorrect or out-of-date details. NetCraft in such acase excludes all liability for any incorrect transactions, or any other suchmistakes.
NetCraft reserves the right at any time to verify Your identity for thepurposes of complying with the any KYC ("Know Your Customer")/AML("Anti-Money Laundering") requirements. You agree to cooperate fullywith us throughout the verification process and that You will provide alldocumentation/information that we may require in order to verify Youridentity.
Services provided by NetCraft through the Website
- NetCraft reserves the right, but is not obligated, to limit the provision ofservices through the Websiteto any Client or geographical territory orjurisdiction. NetCraft may exercise this right on a case-by-case basis.NetCraft reserves the right to limit the quantities of any services that areoffered. All descriptions of services are subject to change at any timewithout notice, at the sole discretion of NetCraft. NetCraft reserves theright to modify or discontinue any of services at any time.
- Prices for services are subject to change without notice.
- NetCraft shall not be liable to You or to any third party for anymodification, price change, suspension or discontinuance of any ofservices.
- Occasionally there may be information on the Website that containstypographical errors, inaccuracies or omissions that may relate toservices descriptions, pricing, promotions, offers, additional charges andavailability. NetCraft reserves the right to correct any errors, inaccuraciesor omissions, and to change or update information if any information onthe Website is inaccurate at any time without prior notice.
- The Website, the copyright in all software on the Website, all trademarkson the Website and all text, graphics, images and any other materials onthe Website are entirely owned by NetCraft or by their respective owners.Materials on this Website may only be used for personal use and non-commercial purposes.
- You may digitally display or print extracts from the Website for the above-stated purpose, only under the condition that You retain any copyrightand other proprietary notices or any trademarks or logos, as shown onthe initial printout or download without digital or physical alteration,addition or deletion. Except as expressly stated herein, You may notwithout NetCraft’s prior written permission alter, modify, reproduce,distribute or use in any commercial context any materials from theWebsite.
- You acknowledge that the NetCraft’s logos are trademarks. You may onlyuse and/or reproduce such trademarks without physical or digitalalteration on material downloaded from this Website to the extentauthorized above, but You may not otherwise use, copy, adapt, change,or erase them.
- You shall not under any circumstances obtain any rights over or inrespect of the Website (other than rights to use the Website pursuant tothese Terms and any other terms and conditions governing a particularsection of the Website) or hold yourself out as having any such rightsover or in respect to the Website.
- By submitting any content to the Website (including both private andpublic sections, blogs, message boards, and forums) you grant NetCraft(including without limitation, its licensees, affiliates, successors andassigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable,non-exclusive right and license to use, reproduce, modify, adapt, publish,translate, create derivative works from, distribute, sub-license,communicate to the public, perform and display the content (in whole orin part) and to incorporate it in other works in any form, media, ortechnology now known or later developed, for the full term of any rightsthat may exist in such content. You agree that you will not claim and/orreceive any compensation of any kind for your content or its use thereof.You also permit any third party to access, display, view, store andreproduce such content as indicated above. NetCraft may, but has noobligation to, monitor, edit or remove content that is determined inNetCraft’s sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or thatviolates any third party's intellectual property or these Terms.
- By submitting any content to the Website You warrant that You areentitled to and have all necessary intellectual property rights over thatcontent. Furthermore, You acknowledge that your content will not violateany right of any third party, including copyright, trademark, privacy,personality or other personal or proprietary right. You furtheracknowledge that your content will not contain libelous or otherwiseunlawful, abusive or obscene material, or contain any computer virus orother malware that could in any way affect the operation of the Website.You may not use a false e-mail address, pretend to be someone otherthan yourself, or otherwise mislead us or third parties as to the origin ofany content. You are solely responsible for any content you submit and itsaccuracy. NetCraft takes no responsibility and assumes no liability for anycontent submitted by you or any third party.
Third Party Websites
- The Website may contain links to third-party websites that are notaffiliated or associated with NetCraft (although NetCraft’s branding,advertisements or links may appear on such websites) and NetCraft maysend e-mail messages to You containing advertisements or promotionsincluding links to third-parties websites. NetCraft makes norepresentation as to the quality, suitability, functionality or legality of thematerial on such third-party websites, or to any goods and servicesavailable from such websites. Such links are only provided for yourinterest and convenience. NetCraft does not monitor or investigate suchthird-party websites and accepts no responsibility or liability for any lossarising from the content or accuracy of the content of such third-partywebsites, and any opinion expressed in the content of such third-partywebsites should not be taken as an endorsement, recommendation oropinion of NetCraft.
- Under no circumstances are you to create a hyperlink to any of the pageson the Website, without obtaining prior consent to do so from NetCraft. IfYou do create a link to any of the pages on the Website, You acknowledgethat You are responsible for all direct or indirect consequences of the link,and you indemnify NetCraft for all loss, liability, costs, damages, orexpense arising from or in connection with the link.
Warranties and Representations
- You acknowledge that:
- You are authorized to access and use the Website;
- You agree that the access to the Website is provided on an “as is”and “as available” basis and Your use of the Website is at Your ownrisk. You agree that to the maximum extent permitted by lawNetCraft is not liable for any damages or harms arising out of Youruse of the Website;
- NetCraft does not warrant that the use of the Website will beuninterrupted or error free. Among other things, the operation andavailability of the systems used for accessing the Website,including public telephone services, computer networks and theInternet, can be unpredictable and may from time to time interferewith or prevent access to the Website. NetCraft is not in any wayresponsible for any such interference that prevents Your access oruse of the Website. NetCraft is not responsible for any losses,expenses, costs, or damages resulting from such interruptions,errors, or interferences.
- NetCraft gives no warranty about the Website. Without limiting theforegoing, NetCraft does not warrant that the Website will meetYour requirements or that it will be suitable for your purposes. Toavoid doubt, all implied conditions or warranties are excludedinsofar as is permitted by law including, without limitation,warranties of merchantability, fitness for purpose, title and non-infringement.
- You do not intend to hinder, delay or defraud NetCraft (as well asany other person related to the Website) or engage in any illegalconduct and or unlawful activity in relation to money laundering,spending the proceeds of drug trafficking or terrorist activities,spending the proceeds of criminal activities or proceeds originatingfrom such countries as might from time to time be subject to anysanctions imposed by US and/or EU.
- NetCraft denies all liability for the operation and reliability of theWebsite when used within an Internet environment, where you or athird party are providing the computer equipment and/or internetservices upon which any part of the Website functionality isdependent.
- By using the Website, You confirm that You understand that thetimely operation of the Internet and the World Wide Web isgoverned by constraints beyond the control of NetCraft. You acceptthat NetCraft is not liable for any perceived slow operation orunavailability of the Website, or any damages or losses that couldresult from slow operation or unavailability of the Website.
- It is our responsibility to maintain the Website and as such we mayat our own discretion limit access to the Website due tomaintenance operations or any other relevant events. We excludeall liability for any claimed losses or profits lost as a result of suchour actions.
Disclaimer of Warranty and Limitation of Liability
- To the fullest extent permitted by law:
- In no event will NetCraft, its directors, officers, employees,affiliates, agents, contractors, interns, suppliers, service providersor licensors be liable for any indirect, special, incidental,consequential or exemplary damages of any kind (including, butnot limited to, where related to loss of revenue, income or profits,loss of use or data, or damages for business interruption) arising out of or in any way related to the form of action, whether arisingout of or relating to these Terms or based in contract, tort(including, but not limited to, simple negligence, whether active,passive or imputed), or any other legal or equitable theory (even ifNetCraft has been advised of the possibility of such damages andregardless of whether such damages were foreseeable); and
- In no event will aggregate liability of NetCraft or its directors,officers, employees, affiliates, agents, contractors, interns,suppliers, service providers or licensors, whether in contract,warranty, tort (including negligence, whether active, passive orimputed), or other theory, arising out of or relating to these Terms,exceed the amount of payments received from You.
- In case of the Client’s violation of these Terms, NetCraft reserves the rightto:
- demand full compensation from the Client for losses caused byevery violation;
- bring a case before a court if the compensation doesn't coverNetCraft’s loss;
- release the information relating to the Client identity and locationto any authorized officer in accordance with applicable law.
- To the fullest extent permitted by law, NetCraft’s warranties and remedies(if any) expressly set forth herein are exclusive and are in lieu of all otherwarranties, express or implied, either in fact or by operation of law,statute, custom, oral or written statements or otherwise, including, butnot limited, to the implied warranties of merchantability, availability,performance, compatibility, fitness for a particular purpose, satisfactoryquality, correspondence with description and non-infringement, all ofwhich are expressly disclaimed.
Termination & Remedies for Breach of these Terms by You
- NetCraft reserves the right at its own discretion to close Your Accountcreated with the Website with or without prior notice.
- NetCraft may block any Account in the event that NetCraft suspects orhas evidence that You are engaged in suspicious or illegal activity or havebreached any of the above terms or warranties. NetCraft expresslyexcludes any losses or profits You would have made as a result of usblocking your Account and You agree to indemnify us completely againstany third-party action resulting from Your conduct or us having to blockyour Account. While Your Account is blocked NetCraft will investigate andmay require You to cooperate with our enquiries. At the end of theinvestigation we may, at our own discretion, decide to close Your Accountfor which we are not required to provide You with any reasons for thesame.
- You may choose to close your Account for any reason and at any time. Ifyou choose to exercise this right, please inform NetCraft that you wish toclose your Account by sending corresponding request. You understandthat if you close your Account, you may no longer have access toinformation previously associated with your Account.
Applicable Law and Dispute Resolution
- All questions concerning the construction, validity, enforcement andinterpretation of these Terms shall be governed by and construed andenforced in accordance with the laws of Malta.
- In case any issue arises out of or in relation to these Terms or the breachthereof, the parties agree first to negotiate such an issue in good faith fora period of not less than thirty (30) days following written notification ofsuch controversy or claim to the other party.
- If the negotiations do not resolve the dispute, controversy or claim to thereasonable satisfaction of all parties during such period, then the partiesirrevocably and unconditionally submit to the respective claim to thecompetent court of Malta in accordance with the laws of Malta.
Absence of Waiver. Any NetCraft failure or delay to enforce any of theterms or to exercise any right under these Terms will not be construed asa waiver to any extent of our rights.
Idemnification. You agree to defend, indemnify, and hold harmlessNetCraft, its officers, directors, affiliates, employees and agents, from andagainst any claims, liabilities, damages, losses, and expenses, including,without limitation, reasonable legal and accounting fees, arising out of orin any way connected with your access to the Website or your use ofservices provided by NetCraft through the Website.
Force-Majeure. You shall not have any claim of any nature whatsoeveragainst NetCraft for any its failure to carry out any of its obligationsunder these Terms as a result of causes beyond its control, including butnot limited to any strike, lockout, shortage of labor or materials, delays intransport, hacker attacks on the Website or any resources which haveany relation to NetCraft, any economic instability, accidents of any kind,any default or delay by any sub-contractor or supplier of NetCraft, riot,any political or civil disturbances, the elements, by an act of state orgovernment including regulatory action imposed, any delay in securingany permit, consent or approval required by NetCraft for fulfillment ofthese Terms or any other authority or any other cause whatsoeverbeyond NetCraft’s absolute and direct control.
Severability. If any term, provision, covenant or restriction of theseTerms is held by a competent court to be invalid, illegal, void orunenforceable, the remainder of these Terms, provisions, covenants andrestrictions set forth herein shall remain in full force and effect and shallin no way be affected, impaired or invalidated, and the parties heretoshall use their commercially reasonable efforts to find and employ analternative means to achieve the same or substantially the same resultas that contemplated by such term, provision, covenant or restriction. Itis hereby stipulated and declared to be the intention of the parties thatthey would have executed the remaining terms, provisions, covenantsand restrictions of these Terms without including any of such that may behereafter declared invalid, illegal, void or unenforceable.
Communication. Any communication concerning these Terms executionand/or violation should be conducted only via Your email and throughNetCraft’s contact form on the Website. Your official email forcommunication shall be deemed the email specified by You during theAccount registration process. The one and only language of thecommunication shall be English. NetCraft may provide any notice to Youunder these Terms by: (i) posting a notice on the Website; or (ii) sendingan email to the email address then associated with Your Account. NoticesNetCraft provides by posting on the Website will be effective uponposting, and notices NetCraft provides by email will be effective whensuch email is sent. It is Your responsibility to keep Your email addresscurrent. You will be deemed to have received any email sent to the emailaddress then associated with Your Account when NetCraft sends suchemail, whether or not You actually receive or read the email.
Assignment. Except as otherwise provided, these Terms and the rightsand obligations of the parties hereunder will be binding upon and inure tothe benefit of their respective successors, assigns, heirs, executors,administrators and legal representatives. NetCraft may assign any of itsrights and obligations under these Terms. No other party to these Termsmay assign, whether voluntarily or by operation of law, any of its rightsand obligations under these Terms, except with the prior written consentof NetCraft.