Web Use Terms & Conditions
These Web Use Terms ("Terms" or "Web Use Terms") contain important information regarding (1) NetFoundry Web site practices, (2) your responsibility as a user of this Web site and related services, and (3) the procedures by which these practices and responsibilities will be determined.
These Web Use Terms include additional terms and conditions and policies which are referenced elsewhere in this document. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, or any other policy, term of NetFoundry, which shall remain valid and enforceable.
Forward Looking Statement
This Site may contain “forward-looking statements.” Although NetFoundry believes any such statements are based on reasonable assumptions, there is no assurance that actual outcomes will not be materially different. NetFoundry assumes no obligation to update those statements to reflect actual results, changes in assumptions and other factors. The forward-looking statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected.
Although every effort is made to ensure such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided “as is” without warranty of any kind. NetFoundry makes no representations and disclaims all express, implied, and statutory warranties of any kind to any user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. NetFoundry assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on the Site. NetFoundry shall not be liable for any errors or delays in the delivery of such information provided through the Site or for any actions taken in reliance thereon.
Copyright, Disclaimer, Usage Agreement
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE SITE BOTH NOW AND IN THE FUTURE. BY ACCESSING THIS SITE, THE USER ACKNOWLEDGES ACCEPTANCE OF THESE TERMS AND CONDITIONS. NETFOUNDRY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. IN THE CASE OF ANY VIOLATION OF THESE TERMS AND CONDITIONS, NETFOUNDRY RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR SUCH VIOLATIONS.
Copyright and Trademarks
The trademarks, logos, and service marks, including but not limited to NetFoundry and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of NetFoundry Inc., its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than NetFoundry and, as such, may not be copied without the permission of the holder of the copyright.
NetFoundry hereby authorizes you to copy the materials published by NetFoundry on this Site (the “Materials”) exclusively for non-commercial use by you personally or within your organization provided you retain all copyright and other proprietary notices contained in the Materials and you do not modify the Materials. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by NetFoundry or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of NetFoundry or any third party.
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED AS A COURTESY FOR NETFOUNDRY’ CUSTOMERS. NETFOUNDRY HAS PROVIDED THE INFORMATION IN GOOD FAITH AND HAS MADE REASONABLE EFFORTS TO MAKE THE INFORMATION AS ACCURATE AND UP-TO-DATE AS POSSIBLE.
THIS INFORMATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.
IN NO EVENT SHALL NETFOUNDRY BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS, LOST OPPORTUNITY, TIME OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF NETFOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND HOWEVER ARISING, INCLUDING NEGLIGENCE. IN NO EVENT WILL THE LIABILITY OF NETFOUNDRY BE IN EXCESS OF THE AMOUNT PAID FOR USE OF THE WEB SITE OR $500 IN U.S. DOLLARS, WHICHEVER IS LESS.
THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.
IN THE UNITED STATES, SOME STATES MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, INCLUDING IMPLIED WARRANTIES, SO THE DISCLAIMERS OR PORTIONS OF THEM MAY NOT APPLY TO YOU. YOUR LEGAL RIGHTS MAY VARY FROM STATE TO STATE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND NETFOUNDRY SERVICES.
No advice or information, whether oral or written, obtained by you from NetFoundry, shall create any warranty not expressly made herein.
NetFoundry periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. NetFoundry shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Site.
There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. NetFoundry does not make any representations or give any warranties with respect to any information contained in or at these other sites and NetFoundry shall not be liable for any damages or injury arising from the content of these other sites. NetFoundry does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by NetFoundry, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact the NetFoundry Webmaster at firstname.lastname@example.org to seek approval for linking to this Site.
NetFoundry 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 in this Site or your downloading of any materials, data, text, or images from this Site.
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. NetFoundry may also make improvements and/or changes in the services and/or the programs described in the Materials at any time without notice. NetFoundry shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically read these Terms to determine the current Terms to which you are bound.
You agree to indemnify, defend, and hold NetFoundry, its officers, directors, employees, affiliates, partners, suppliers, subsidiaries and other third parties harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees, related to any violation of these Terms, Copyright, Disclaimer, and Usage Agreement by you, or in connection with your use of this Site or with the placement or transmission of any message or information on this Site by you. At NetFoundry’s sole discretion, and at your expense, NetFoundry may provide notice to you of its election to assist you in defending such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations.
Compliance With Applicable Laws; Export Control Laws
All applicable federal, state and local laws govern user access to this Site. All information on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside and/or are gaining access to this Site.
All NetFoundry products and publications are commercial in nature. All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
By accessing this Site you agree not to: (a) use any data obtained as part of a commercial product, service or content offering; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate any data into any e-mail or other “white pages” products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant.
You further agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from the Site; (b) enter any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) knowingly enter any data which is false or misleading.
NetFoundry reserves the right to deny access to any user or group of users to the Site, at NetFoundry’s sole discretion, at any time, and for any reason or no reason, without liability and without advance notice to you.
NetFoundry may independently investigate, involve and/or cooperate with law enforcement authorities in prosecuting or investigating users. NetFoundry’s sole judgment applies to determinations of these limitations and prohibited uses.
NetFoundry may provide access to international information, which information may contain references or cross references to programs and services that are not currently available in your country of residence. NetFoundry provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in countries other than the United States. Also, NetFoundry is a service provider operating in some, but not all, markets within the U.S. Therefore, it may provide access to information that may contain references or cross references to programs and services that are not announced or available in all U.S. markets. NetFoundry provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in all United States markets or all markets where NetFoundry conducts business.
Consent to Electronic Form of Contract
BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by NetFoundry. You acknowledge that you have the necessary hardware and software to access these provisions as posted on NetFoundry’s Web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may remove your consent to the electronic form of contracting with NetFoundry, but in that event, your authorization to use and access this Web Site is immediately terminated.
Governing Law And Jurisdiction: Compliance With Laws
These Terms and access to this Site are governed by U.S. Federal Law and/or the laws of the State of New York. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in New York, New York, U.S.A. You and NetFoundry agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
No delay or omission by NetFoundry to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by NetFoundry of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and NetFoundry.
Each of the terms and limitations provided by these Terms, including referenced terms and policies, are important to NetFoundry. In the event any provision contained herein, including referenced terms and policies, is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible.