OMSAI INTERNET AND CABLE SERVICE Non-Disclosure Terms
Use of the OMSAI INTERNET AND CABLE SERVICE online IPv4 marketplace (the “Online Platform”) is subject to each Registered User’s (each, a “Registrant”) agreement to the following Non-Disclosure and Non-Circumvent terms:
- Access to the Online Platform provides Registered Users with certain information (the “Confidential Information”), including (without limitation) (i) non-public and confidential information concerning the business, prospects, operations, financial structure and/or assets, including the specified listed IPv4 Addresses (the “IPv4 Assets”) of the Sellers, Buyers, Lessors or Lessees (each an “IPv4 Client”), (ii) names of the IPv4 Clients, their representatives and subsidiaries, and (iii) descriptions of the IPv4 Assets for sale, including without limitation specific IP Address block numbers and Points of Contact.
- The Confidential Information will be used by the Registrant for the sole purpose of a transaction with OMSAI INTERNET AND CABLE SERVICE, d/b/a OMSAI INTERNET AND CABLE SERVICE, also known as OMSAI INTERNET AND CABLE SERVICE (hereinafter “OMSAI INTERNET AND CABLE SERVICE”). The Registrant may disclose the Confidential Information only to its members, managers, partners, officers, directors and employees (i) who are involved in evaluating and/or approving such IPv4 transaction, (ii) who are informed by the Registrant of the confidential nature of the Confidential Information, and (iii) who agree to act in accordance with these terms.
- The term “Confidential Information” does not include any information: (a) that is or becomes publicly available (other than as a result of a breach by the Registrant of this Agreement); (b) which is or becomes available to Registrant from a source other than OMSAI INTERNET AND CABLE SERVICE, provided that Registrant has no actual knowledge that such source was bound by a confidentiality agreement with respect to such information; (c) that has been or shall be otherwise independently acquired or developed by Registrant without violating the terms of this Agreement; and (d) is known by Registrant prior to its disclosure.
- OMSAI INTERNET AND CABLE SERVICE makes no representation or warranty as to the accuracy or completeness of the Confidential Information.
- Non-Circumvent: Registrant will not directly or indirectly, initiate or maintain discussions, negotiations, correspondence or other contact with an IPv4 Client with respect to Confidential Information or enter into a transaction with the IPv4 Client or any person or entity concerning the IPv4 Assets or other IP addresses or other intellectual property of an IPv4 Client without OMSAI INTERNET AND CABLE SERVICE express prior written consent and/or involvement, as determined by OMSAI INTERNET AND CABLE SERVICE in its sole discretion. This restriction includes and specifically forbids Registrant from directly or indirectly contacting any IPv4 Client.
- It is understood and agreed that money damages would not be a sufficient remedy for a breach of these terms and that in addition to all other remedies available at law or in equity, OMSAI INTERNET AND CABLE SERVICE shall be entitled to equitable relief, including injunction and specific performance, without proof of actual damages or posting a bond.
