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Netstralogy
Acceptance of Terms of Use
This web site is the property of Netstralogy. Your
use of this web site is subject to the following terms and conditions.
These Terms of Use govern your use of the Netstralogy service and
Web site. These Terms of Use affect your rights and you should read
them carefully. By using, visiting, or browsing the Netstralogy
Web site, you accept and agree to be bound by these Terms of Use.
If you do not agree to these Terms of Use, you should not use the
Netstralogy service or Web site.
Privacy Policy
Netstralogy's personal information practices on this Site are governed
by Netstralogy's privacy statement. Please review this Privacy Statement
and print a copy for your records.
Limitations on Use
You must be 18 years of age or older to subscribe to the Netstralogy
service. While individuals under the age of 18 may utilize the service,
they may do so only with the involvement of a parent or legal guardian.
Any unauthorized use of the Netstralogy Web site or its contents
will terminate the limited license granted by us.
Membership and Billing
By using the Netstralogy service, you are expressly agreeing that
we are permitted to bill you a monthly subscription fee, any applicable
tax and any other charges you may incur in connection with your
use of the Netstralogy service. Additional charges may include other
purchases you make, upgrades, modifications and other billable work
or service you request.
Automatic Renewal
The subscription fee will be billed at the beginning of your subscription
and on each monthly renewal thereafter unless and until you cancel
your membership. All fees and charges are non-refundable. Your Netstralogy
subscription will be automatically renewed on a monthly basis. For
your convenience, we will bill the monthly subscription fee plus
any applicable tax to the Payment Method you provide to us during
registration. Your membership will automatically renew for successive
monthly subscriptions, without prior notice to you, unless and until
you cancel your membership or we terminate it. You must cancel your
membership at least five (5) business days before it renews each
month in order to avoid billing of the next month's subscription
fees to your Payment Method.
We may change the fees and charges in effect, or add new fees and
charges from time to time, but we will give you advance notice of
these changes by e-mail. If your Payment Method reaches its expiration
date, your continued use of the service constitutes your authorization
for us to continue billing that Payment Method.
Cancellations
You may cancel your subscription to Netstralogy at anytime. To cancel,
send an email to Netstralogy informing us of the cancellation date.
WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNUSED SUBSCRIPTIONS
OR PARTIAL-MONTH SUBSCRIPTION PERIODS. You must cancel your membership
at least five (5) business days before it renews each month in order
to avoid billing of the next month's subscription fees to your Payment
Method. Upon cancellation, you will be sent a confirmation email
that your cancellation request has been received.
We reserve the right to terminate your account
for any or no reason.
Account Access and Identity Protection
You are responsible for updating and maintaining the truth and accuracy
of the information you provide to us relating to your account. You
are also responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer.
If you decide to share your account with other people, you take
full responsibility for their actions. Users of public or shared
computers should log out at the completion of each visit to the
Netstalogy Web site.
Netstralogy is not obligated to credit or discount
a membership for holds placed on the account by either a representative
of Netstralogy or by the automated processes of Netstralogy.
Electronic Communications
By using the Netstralogy service, you consent to receiving electronic
communications from Netstralogy. These communications will include
notices about your account and information concerning or related
to our service. You agree that any notice, agreements, disclosure
or other communications that we send to you electronically will
satisfy any legal communication requirements, including that such
communications be in writing.
How the Netstralogy Service Works
We provide a number of different subscription plans to accommodate
a variety of website content update preferences. The number of update
sessions that you have will vary based on the plan that you are
subscribed in.
Setup Fee
Enrollment in the Netstralogy service requires a non-refundable
set-up fee of $79.95.
Layout Redesign
Text updates and image changes do not constitute a page layout redesign.
Page layout redesign are charged extra.
Work Order
Work Orders are sent to Netstralogy via e-mail. We will send you
an e-mail letting you know when we have received your work order,
and we will also send you another e-mail letting you know when we
have completed your request and uploaded it to your server.
Netstralogy requires that any website and/or application
software enrolled in a any Maintenance program will be maintained
solely by Netstralogy. In the event that any revisions and/or modifications
be made to the website and/or application software, database and
any files involved in the maintenance package, the Client will be
billed another set-up fee for re-synchronization, re-configuration,
and other processes involved in the setting up the files for future
maintenance work.
An additional charge of $19.95 per page will be
billed to client for any revisions or amendments to client provided
text once work has been performed.
Completion of Work Product
Netstralogy will provide the Subscriber with an opportunity to review
the completed work before final delivery to the client. It is the
subscriber's obligation to review Netstralogy's work upon completion
and delivery of final product. Work Product will be deemed to be
accepted and approved by Subscriber unless the Subscriber notifies
Netstralogy otherwise within ten (10) days of the date the final
product is made available to the Subscriber Any modifications made
to the final update at this point will be billed to the client.
Work Product Ownership
Completed work will be exclusive property of the Subscriber. Any
copyrightable works, ideas, discoveries, inventions, patents, products,
or other information (collectively the "Creative Rights")
developed in whole or in part by Netstralogy in connection with
the Services will be the exclusive property of Netstralogy.
If for any reason the Subscriber requests a revision
or amendment to any client provided text, the update will be considered
another session.
Text & Images
Unless otherwise specified, all text, images and materials to be
incorporated in the Work Order shall be supplied by the client in
electronic format, delivered on CD or via email. Proof reading the
supplied formatted text is the responsibility of the Subscriber.
All images and other graphics included in the work
order will be provided electronically in .gif, .jpeg format in the
actual size that will be incorporated in the update. Additional
expenses may be incurred and will be invoiced accordingly for corrective
work.
Ownership
Subscriber warrants and represents that it lawfully has the right
to publish on the Internet any text, graphics or other materials
supplied by it to Netstralogy. Any and all text, graphics and other
materials provided by the Subscriber is assumed to be legally owned
by the Subscriber.
Notice of Delay
Netstralogy agrees to notify Subscriber promptly of any factor,
occurrence, or event coming to its attention that may affect Netstralogy's
ability to meet the requirements of this agreement, or that is likely
to occasion of any material delay and without limitation, any loss
or reassignment of key employees, threat of strike, or major equipment
failures.
Completion Times
Netstralogy completes most Work Order in about 72 hours from the
time we receive your Work Order. The completion times you encounter
will vary based on a number of factors. Other factors that may affect
delivery times, include, but are not limited to, (i) the volume
of work required to complete your request, (ii) the timing of your
work order (iii) circumstances impacting completion of your request.
Expedited service is available for an additional $19.95 a month
added to the base package price that you are enrolled in. Expedited
Service is completed within 24 hrs.
We do not perform any work deliveries on Saturdays,
Sundays or Holidays.
Plans
Subscribers may change plans at any time. Upgrades in plans will
result in billing the difference of the plans. Downgrades in plans
will affect the next billing cycle. No refunds for partial months
of use will be credited. Future billing cycles will be billed at
the new rate.
Miscellaneous
It is a crime to use a false name or a known invalid credit card
to purchase a subscription or to cancel a credit card with an outstanding
balance pending to Netstralogy. Anyone caught willfully entering
an erroneous or fictitious order will be prosecuted. Each electronic
entry carries the computer coding of the Internet provider through
which the individual User can be traced.
Disclaimer of Warranty
THE SERVICES, THE NETSTALOGY SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE NETSTRALOGY
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED
TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND.
NETSTRALOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM
A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Netstralogy SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL NETSTRALOGY BE LIABLE FOR DAMAGES RESULTING FROM
LOSS OF DATA, PROFITS, USE OF THE NETSTRALOGY SITE OR ANY NETSTRALOGY
PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE,
OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN
NO EVENT SHALL NETSTRALOGY CUMULATIVE LIABILITY EXCEED AN AMOUNT
GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Remedies
In addition to any and all other rights a party may have available
according to law, if a party defaults by failing to substantially
perform any provision, term or condition of this Contract (including
without limitation the failure to make a monetary payment when due),
the other party may terminate the Contract by providing written
notice to the defaulting party. This notice shall describe with
sufficient detail the nature of the default. The party receiving
such notice shall have 30 days from the effective date of such notice
to cure the default(s). Unless waived by a party providing notice,
the failure to cure the default(s) within such time period shall
result in the automatic termination of this Contract.
Intellectual Property
All content included on the Netstralogy Web site and delivered to
subscribers as part of the service, including text, graphics, logos,
designs, photographs, button icons, images, audio/video clips, digital
downloads, data compilations, and software, is the property of Netstralogy,
or its suppliers and is protected by United States and international
copyright laws. Content should not be reproduced or used without
express written permission from Netstralogy or its rightful copyright
holders.
All Netstralogy graphics, logos, page headers, button icons, scripts
and service names are trademarks of Netstralogy. All other trademarks
not owned by Netstralogy that appear on the Netstralogy Web site
are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Netstralogy. Any
images of persons or personalities contained on the Netstralogy
Web site shall not be an indication of endorsement of any particular
product or our service unless otherwise specifically indicated.
Web Site Content
Any opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available
by third parties on the Netstralogy Web site are those of the respective
authors or producers and not of Netstralogy. Under no circumstances
shall Netstralogy be held liable for any loss or damage caused by
your reliance on information obtained through the Netstralogy Web
site.
Use of Information Submitted
Netstralogy is free to use any comments, information, ideas, concepts,
reviews, or techniques contained in any communication you may send
to Netstralogy including, without limitation, responses to questionnaires
or through postings to the Netstralogy Web site without further
compensation, acknowledgement or payment to you for any purpose
whatsoever including. Furthermore, by posting any information on
our site, submitting suggestions, or in responding to questionnaires,
you grant us a nonexclusive, royalty-free license to display, use,
reproduce or modify that information.
Changes to Terms of Use
Netstralogy, reserves the right, from time to time, with or without
notice to you, to change these Terms of Use in our sole and absolute
discretion. The most current version of the Terms of Use will supersede
all previous versions. Your use of the Netstralogy Web site or continued
use of our service after changes are made means that you agree to
be bound by such changes.
Right to Terminate
We reserve the right to terminate or restrict your use of our service,
without notice, for any or no reason whatsoever.
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