Terms & Conditions
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
- Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;
- you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
If you delete Content, Netzy ISP will use reasonable efforts to remove it from the Website and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Netzy ISP shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.
Netzy ISP disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non-Netzy ISP websites.
Netzy ISP has the right (though not the obligation) to (i) refuse or remove any Content that, in Netzy ISP’s reasonable opinion, violates any Netzy ISP policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, Products, and/or Services, to any person for any reason, in Netzy ISP’s sole discretion.
By purchasing Products and/or Services, you agree to pay Netzy ISP annual subscription fees indicated for such Product or Service. Payments will be due as of the first day you sign up for a Product and/or Services, and will cover an annual period, as indicated when signing up.
Netzy ISP has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Netzy ISP does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Netzy ISP disclaims any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Netzy ISP.com links, and that link to Netzy ISP.com. Netzy ISP does not have any control over those non-Netzy ISP websites and webpages, and is not responsible for their contents or their use. By linking to a non-Netzy ISP website or webpage, Netzy ISP does not represent or imply that it endorses such website or webpage.
As Netzy ISP requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Netzy ISP. Netzy ISP will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Netzy ISP or others, Netzy ISP may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Netzy ISP will have no obligation to provide a refund of any amounts previously paid to Netzy ISP to any person in respect of any such termination.
Netzy ISP, the Netzy ISP logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Netzy ISP or Netzy ISP’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Netzy ISP or third party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.
You may terminate your agreement and close your account with Netzy ISP at any time, effective the last day of your subscription term, by sending an email to firstname.lastname@example.org. Netzy ISP may terminate its relationship with you, or may terminate or suspend the accessibility to the Website, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms and/or any other agreement with Netzy ISP; (ii) if Netzy ISP reasonably suspects that you are using the Website, Products, and/or Services to breach the law or infringe third party rights; (iii) if Netzy ISP reasonably suspects that you are trying to unfairly exploit or misuse Netzy ISP’s policies; (iv) if Netzy ISP reasonably suspects that you are using the Website, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third party fraudulently; (v) if you fail to pay any amounts due to Netzy ISP; (vi) you violate any applicable law or regulation. Upon termination of your Netzy ISP account for the above reasons, there will be no refund of fees and you will be denied access to the Website, Products and/or the Services, including all of its data.
If you believe that Netzy ISP has failed to perform or the Services are defective, you must notify Netzy ISP in writing and allow fourteen (14) days for Netzy ISP to cure the defect. If Netzy ISP cures the defect within this cure period, Netzy ISP will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Netzy ISP has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Netzy ISP.
The configurations and specifications of the Website, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of Netzy ISP. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.
Netzy ISP warrants to Netzy ISP customers of paid products and/or services, provided that such customers have paid all fees due, and are not otherwise defaulting any obligations towards Netzy ISP, an availability of the Products and/or Services (“uptime”) of ninety-eight percent (98%) per month. If for a reason solely attributable to Netzy ISP the uptime is not met, Netzy ISP will credit you as “liquidated damages”, $100 for every day, or part of the day, the Products and/or Services are not accessible in violation with the uptime. You agree that it would be difficult to determine the amount of damages that will be suffered by you if the uptime will not be met. You also agree that the above compensation schedule will result in liquidated damages that bear a reasonable proportion to the probable loss and the amount of your actual loss. The aforementioned liquidated damages shall be the sole and exclusive remedy in the event the uptime has not been met by Netzy ISP. However, if the Products and/or Services are not available to you for a reason solely attributable to Netzy ISP for a continuing period of five (5) days or more, you may terminate your agreement in writing with immediate effect, and you may request return of fees paid by you related to the unavailable Products and/or Services, pro-rata the remaining unused term of your agreement.
Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Website, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by Netzy ISP from you during the twelve (12) month period immediately prior to the date the damages first occurred.
Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.
Netzy ISP will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control. Netzy ISP will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.