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Terms of Use

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. This web site, including all of its features and content (the “Web Site” or “Site”), is a service made available by Net eSolutions Corporation (“NETE” or “Provider”) and all content and information (“Content”) may be used solely under the following terms and conditions (“Terms of Use” or “Agreement”).

1. Services
  1. As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.

  2. While Provider uses reasonable efforts to include accurate and up-to-date information on the Web Site, Provider makes no warranties or representations as to its accuracy. Provider assumes no liability or responsibility for any errors or omissions in the content of the Web Site.

  3. Provider may enter into agreements with third parties to operate and/or provide Content or other services in connection with this Web Site, or handle other aspects of transactions arising from or related to use of this Site. All such independent third party providers operate separately from Provider and have no relationship with Provider other than as a third party provider of Content, materials, products and/or services. PROVIDER MAKES NO GUARANTEES AND SHALL NOT BE LIABLE FOR THE ACTS, ERRORS, OR OMISSIONS OF ANY SUCH THIRD PARTY PROVIDER(S).
2. Requirements for Use
  1. By using this Web Site, you agree to follow and be bound by the terms and conditions contained in this Agreement, and to use the Site in accordance with this Agreement and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site (all of which are deemed part of this Agreement). Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your consent to be bound by these Terms of Use.

  2. The Content on this Web Site may only be used for personal purposes and may not be used for any commercial exploitation or purpose. Your use and browsing of the Site are entirely at your own risk.

  3. Provider reserves the right to deny access to the Web Site or any features of the Site to anyone who violates these Terms of Use or who, in Provider’s sole judgment, interferes with the ability of others to enjoy the Site or violates the rights of others.

  4. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit: (1) anyone other than you to use the sections requiring registration by using your name or password; or (2) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately.
3. Intellectual Property Rights
  1. This Web Site contains intellectual property owned by NETE, as well as intellectual property owned by third parties and licensed to NETE, or third party intellectual property which NETE has permission to use but which NETE may not lawfully sublicense or for which NETE does not have the authority to grant permissions to use. All Content included on the Site, all processes, standards and methods of operation embodied in the Site, and all materials provided by NETE in connection with the use of the Site (collectively, the “Intellectual Property”), are owned exclusively by, licensed to or used with permission by NETE, including all patent rights, copyrights, trademark rights, trade secrets and all other intellectual property rights therein, now or hereafter existing. The Intellectual Property are protected by United States and International copyright laws, trademark laws and any applicable patent laws, and all such Intellectual Property shall remain the property of their respective owners.

  2. With respect to the Intellectual Property owned by NETE, NETE grants you permission to view and use the Content available to you on the Site, in accordance with these Terms of Use, in connection with your use of the Site; provided, however, that NETE makes no representations or warranties, express or implied, that any such content is free from claims of third parties. Users of this Site download and use Content AT THEIR OWN RISK, and acknowledge and agree that certain third party permissions may be required in order to utilize some of the Content on the Site.

  3. Users of this Web Site acknowledge and agree that NETE and all logos, symbols, slogans and marks of NETE (collectively, the “Trademarks”) used in connection with this Site are trademarks of NETE, and may not be used without NETE’s express written permission. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the express written permission of NETE or such third parties that may own the Trademarks displayed on the Site. You are also advised that NETE will aggressively enforce its Intellectual Property rights to the fullest extent permitted by law.

  4. Images of people or places displayed on the Web Site are either the property of or used with permission by NETE. Any unauthorized use of any such images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The use of these images by you or anyone else authorized by you is prohibited without the express written permission of NETE or any third party owners of such rights, or unless explicitly authorized by these Terms of Use.

  5. Users of this Web Site may not use the Content available on the Site in a manner that constitutes an infringement of NETE’s rights or that has not been explicitly authorized by NETE. More specifically, unless explicitly authorized by these Terms of Use or by the owner of the Content, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the Content without NETE’s prior written permission. You may not use this Site to transmit any false, misleading, fraudulent, or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site, except to the extent permitted in these Terms of Use. You may not use or otherwise export or re-export this Site, the Content, or any portion thereof, in violation of the export control laws and regulations of the United States.
4. User-Provided Content
  1. By accessing this Web Site, you will also have access to certain functions that offer users the ability to post public messages which may be open to the public generally or to all users of the Site (“Interactive Areas”).

  2. Interactive Areas are provided solely for your personal use. Any unauthorized commercial use of any Interactive Area of this Site or its Content is expressly prohibited.

  3. You are solely responsible for any posts, messages, data, text, information, graphics, links, communication, content, and other materials that you upload, publish, or display on or through the Web Site, or transmit to and share with other users (collectively, “Postings”). You understand and agree that any Postings you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. You may not publish, transmit, or share Postings on the Site that you did not create or that you do not have permission to post. By publishing, transmitting, or sharing any Postings for use on this Site, you automatically grant, and you represent and warrant that you have the right to grant, to Provider a perpetual, royalty-free, irrevocable, transferable, fully paid, non-exclusive, worldwide license to use, copy, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from, and distribute such Postings or incorporate such Postings into any form, medium, or technology, now known or later developed throughout the universe, for any purpose, commercial, advertising or otherwise, and to grant and authorize sublicenses of the foregoing. You may remove your Postings from the Site at any time. If you choose to remove your Postings, the license granted above will automatically expire; however, you acknowledge that Provider may retain archived copies of your Postings. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Provider.

  4. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload, or distribute any Postings which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, give rise to liability under any local, state, federal or international law, or violate the regulations of the U.S. Securities and Exchange Commission and any rules of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally.

  5. You understand and agree that Provider may, but is not obligated to, monitor or screen Postings and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of Provider violates these Terms of Use or any other applicable Provider agreement or policy, or which might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. You further acknowledge that Provider is not responsible for the content in such Postings or any content linked to or from such Postings.

  6. You represent, warrant, and agree that no Postings or materials of any kind that you submit or otherwise post on or through the Web Site violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory, or otherwise unlawful materials.

  7. You agree that Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.

  8. You shall not distribute, on or through this Web Site, any Postings containing any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any enterprise or organization, without the express written permission of Provider.
5. Disclaimer; Limitation of Liability; Indemnification
  1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERACTIVE AREAS, CONTENT, MATERIALS, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. THIS SITE AND THE INTERACTIVE AREAS, CONTENT, MATERIALS, PRODUCTS, AND SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR AS TO THE INTERACTIVE AREAS, CONTENT, MATERIALS, PRODUCTS, OR SERVICES REFERENCED IN OR PROVIDED THROUGH THE SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND THE CONTENT, INTERACTIVE AREAS, MATERIALS, PRODUCTS, OR SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS, TITLE, COMPATIBILITY, SECURITY, ACCURACY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, INTERRUPTION OR OTHER TECHNICAL PROBLEMS.

  2. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (1) ANY ERRORS, INACCURACIES, OR OMISSIONS FROM THIS WEB SITE AND THE INTERACTIVE AREAS, CONTENT, POSTINGS, OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (2) THIRD PARTY COMMUNICATIONS; (3) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (4) THE UNAVAILABILITY, INACCESSIBILITY, OR UNRELIABILITY OF THIS SITE AND THE INTERACTIVE AREAS, CONTENT, POSTINGS, OR ANY PORTION THEREOF; (5) YOUR USE OF THIS SITE AND THE INTERACTIVE AREAS, CONTENT, POSTINGS, OR ANY PORTION THEREOF; OR (6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE AND THE INTERACTIVE AREAS, CONTENT, POSTINGS, OR ANY PORTION THEREOF.

  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL PROVIDER, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEB SITE, BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR LIABILITY OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAYS OR THE INABILITY TO USE THE SITE OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU OR PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROVIDER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF PROVIDER’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. PROVIDER ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

  4. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROVIDER, ITS OWNERS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE WEB SITE FROM AND AGAINST ALL CLAIMS, DEMANDS, LOSSESS, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THIS SITE AND THE CONTENT, MATERIALS, AND/OR SERVICES PROVIDED HEREUNDER OR YOUR VIOLATION OF THESE TERMS OF USE.
6. General
  1. These Terms of Use, including, without limitation, the limitations of liability, will be binding on you and all third parties, including but not limited to your successors, heirs, executors, permitted assigns, insurance carriers, and any other individual or entity asserting any right or claim relating to your use of the Web Site or any transactions with NETE.

  2. These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its choice of law provisions. All transactions or activities conducted through or relating to this Web Site shall be deemed to have occurred in Virginia. You consent and agree that any controversy, dispute, or claim arising out of or relating to these Terms of Use, your use of the Site, or any transaction with NETE arising from or relating to your use of this Site shall be filed only in state or federal courts located in Virginia. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

  3. Provider reserves the right to revise or modify these Terms of Use at any time by updating this posting. You are bound by any such changes and should therefore periodically visit this page to review the current Terms of Use in effect. Use of this Web Site following any such changes shall constitute acceptance of such changes.

  4. Provider reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.

  5. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address to this Web Site and any other Provider web sites and their features.

  6. If any provision of these Terms of Use is deemed to be unlawful or unenforceable, the remaining provisions shall not be affected thereby, and the provision in question may be replaced by a lawful provision that most nearly embodies the original intention of the parties. Provider’s failure to enforce any right or provision of these Terms of Use shall not constitute a waiver thereof.

  7. These Terms of Use constitutes the entire agreement between NETE and you with respect to the subject matter contained in these Terms of Use and supersedes all previous and contemporaneous agreements, proposals, and communications, whether written or oral.