All customers agree to the following terms and conditions. PLEASE READ CAREFULLY. BY INDICATING YOUR ACCEPTANCE, YOU ARE AGREEING THAT YOU AS AN INDIVIDUAL, YOUR COMPANY (or other entity) WILL BE BOUND BY THE TERMS OF THIS AGREEMENT. In addition, by accepting the terms of this agreement you represent and warrant that you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract and you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
The following are terms of a legal agreement between NetCorp, Inc. (“NetCorp”), a Florida corporation, and the individual or company (or other entity) acknowledging this Agreement (“Customer”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site (the “Service”) that NetCorp provides.
Service
NetCorp will provide Customer access to the Service, which will permit the Customer to view content on the Site. Customer is responsible for its own compliance with this Agreement, including without limitation the compliance of its employees, officers, agents, and any third party Customer invites to access the Service.
Fees
NetCorp does not presently charge any fees arising from the use of, or access to the Service or content on this Site.
Indemnification
Customer will indemnify and hold harmless NetCorp and its affiliates, employees, officers, directors, agents, licensors, successors and assigns from all damages and liability, including without limitation reasonable attorneys’ fees, incurred as a result of: (a) Customer’s violation of its obligations under this Agreement, (b) the negligent or willful acts of Customer, or (c) the violation by Customer of NetCorp’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel, slander, or unfair trade practices in connection with the use or operation of the Service. Customer’s obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
Termination and Cessation of Service
(a) Either party may terminate this Agreement at any time, subject to Customer’s outstanding payment obligations and the cancellation terms set forth below. The following obligations will survive the termination of this Agreement for any reason: (i) indemnification obligations set forth in the “Indemnification” section above; (ii) fee obligations set forth in the “Fees” section above that became due before termination; and (iii) any other provision of this Agreement where the context indicates an intent that such provision will survive termination of this Agreement.
(b) NetCorp may suspend, limit, or deny Customer access to all or part of the Service without prior notice if NetCorp believes, in its sole discretion, that Customer has violated this Agreement, failed to pay amounts when due, created a security risk, misused the Service, or used the Service in a manner that may harm NetCorp, the Service, other customers, or any third party.
(c) Customer may cease to utilize the Service at any time.
(d) Upon termination, cancellation, or suspension of the Service, NetCorp may stop providing access to the Service, subject to the terms of this Agreement.
Limitations on Use of Service and Service Software
(a) As used herein, “Software” refers to any software incorporated into the Service. Customer will not, and will not permit, assist, or allow others to, reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate the Software or its source code.
(b) Customer will not modify or attempt to modify the Software, sublicense the Software or Service, charge others to use or access the Software or Service, or use the Software or Service in any way not expressly authorized by this Agreement.
Security, Privacy, and Access
(a) NetCorp will exercise reasonable care to help prevent unauthorized persons or entities from gaining access to the Site. Customer is responsible for maintaining the confidentiality of Customer’s account passwords and other access credentials, and for ensuring that only authorized users access the Service. No account may be used at any time without the permission of the account holder.
(b) Each party will promptly notify the other upon becoming aware of any unauthorized access to or use of Customer Data, account passwords, or other access credentials. The parties will use reasonable efforts to take remedial measures to address any such unauthorized access or use.
(c) NetCorp will not be liable for any damages incurred by Customer arising out of or related to the use of the Service, including without limitation in connection with any unauthorized access to or disclosure of Customer Data, resulting from the actions of Customer, any third party, or the failure of electronic or other security measures. Customer may be held liable for losses incurred by NetCorp or another party due to someone else using Customer’s account, password, or other access credentials.
(d) NetCorp has no obligation to monitor the Service. NetCorp has the right to monitor the Service and to access, preserve, or disclose information arising out of the Service, including without limitation any Customer Data provided to the Service, as necessary to satisfy any law, regulation, governmental request, internal audit requirement, or to protect NetCorp, the Service, its customers, or any third party.
(e) NetCorp may remove or refuse to post any materials that it finds, in its sole discretion, to be offensive, undesirable, in violation of this Agreement, or otherwise unacceptable. However, NetCorp has no obligation to remove any such materials.
(f) Customer will not use the Service to transmit or store any data that may be considered obscene or pornographic, that contains defamatory material, or that violates federal, state, or local law.
(g) Customer will not disclose any account passwords or other access credentials to any third party not authorized to use the Service.
Limited Warranty
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, NETCORP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NETCORP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NETCORP BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, COVER, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF NETCORP OR A NETCORP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will NetCorp’s total liability for damages, losses, or causes of action, whether in contract or tort, including without limitation negligence, either jointly or severally, exceed the aggregate dollar amount paid by Customer for use of the Service to NetCorp in the twelve (12) months prior to the claimed injury or damage. NetCorp is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. NetCorp is not liable for the loss of any Customer Data. Customer’s sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of NetCorp is to discontinue using the Service.
Interruption of Service
(a) NETCORP WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO INTERRUPTION OF, OR DEFECTS IN TRANSMISSION OF, THE SERVICE, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in transmission of the Service.
(b) NetCorp will not be liable for interruption of or delays in transmission of the Service caused by acts of God, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond NetCorp’s control.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NetCorp, Inc. or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Florida.
Terms of Use Revisions
NetCorp may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. Information on this web site is subject to change without notice, and does not represent a commitment on the part of NetCorp, Inc., or any of its affiliates.