| NetPro1000 Terms of Service
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THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES INCLUDING AN NetPro1000® WEBSITE. BY PRESSING THE "I ACCEPT" BUTTON WHEN YOU CREATE AN NetPro1000 ACCOUNT OR BY VISITING OR USING THE NetPro1000 WEBSITE, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND NetPro1000. If you do not wish to be bound by these terms and conditions, please do not visit or use the NetPro1000 website. These Terms of Service may be amended at any time by us from time to time in our sole discretion without specific notice to you. The latest Terms of Service will be posted on our site, and you should review them prior to using the site.
- Description of Service
NetPro1000 operates this website and associated web pages which for purposes of these Terms of Service will be referred to as the "NetPro1000 website." NetPro1000 offers you access to the NetPro1000 website which provides you access to a collection of on-line resources, including personal website hosting services (the "Service"). NetPro1000 offers you access to the NetPro1000 website in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by NetPro1000 from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.
- General Use of the NetPro1000 website
You promise that you will not use the NetPro1000 website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the NetPro1000 website. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the NetPro1000 website in any manner which could damage, disable, overburden, or impair the NetPro1000 website or interfere with any other party's use and enjoyment of the NetPro1000 website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NetPro1000 website. Except with the written permission of NetPro1000, you agree that you will not access or attempt to access password protected, secure or non-public areas of the NetPro1000 website. Unauthorized individuals attempting to access prohibited areas of the NetPro1000 website may be subject to prosecution.
- Registration/Privacy Policy
In order for you to participate in the Service, NetPro1000 will require that you provide specific information about yourself. If you choose to participate in such services and build your own website ("Member websites"), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain other information about you is subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about NetPro1000 and the Service, including, but not limited to, the use of your email address for newsletters and other necessary company communication.
Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member website or any content or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member website will remain private. For more information, NetPro1000 urges you to review the NetPro1000 Privacy Policy which is part of this Agreement and may be accessed by clicking on the following link: NetPro1000 Privacy Policy
- Storage and Usage
Your Member website is allowed 16 megabytes of disk space at no cost. You may sign up for as many NetPro1000 websites as you would like; each additional website will also receive 16 megabytes of space. You acknowledge that NetPro1000 may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (i) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your Member website will be retained by NetPro1000, (ii) the maximum disk space that will be allotted to you, and (iii) the maximum limits on bandwidth usage that will be allotted to you. You agree that NetPro1000 has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that NetPro1000 reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Content Submitted to NetPro1000
The NetPro1000 website includes a number of venues such as Member websites and web pages, discussion boards, chat areas, forums, communities, and/or other message or communication facilities designed to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since NetPro1000 firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, NetPro1000 cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on the NetPro1000 website or any Member websites.
- Member Conduct
You, and not NetPro1000, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. NetPro1000 does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. With respect to the content on your Member website you agree not to:
- post, upload or otherwise transmit any content not related to appropriate subject matters;
- post, upload or otherwise transmit any content which is misleading to others, including, but not limited to, consumers;
- post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post, upload or otherwise transmit any materials which imposes an unreasonable or disproportionately large load on our infrastructure;
- post, upload or transmit any content that is harmful to minors;
- post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the service;
- collect or store personal data about any other individual;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
- attempt to access the accounts of others, or attempt to penetrate security measures of NetPro1000, Partner or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
- and/or resell or exploit for any commercial purpose NetPro1000's services by any and all means.
We believe in each person's right to express themselves, but sometimes the words you want to speak will be inappropriate for the community at large. From time to time, we may ask you to place some or all of your content behind password protection if we believe such content is inappropriate for the community at large (unless they violate these Terms of Service in which case they should not be on our system at all). If we ask you to place your content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such content behind password protection ourselves, or (b) terminate these Terms of Service and your NetPro1000 account. Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited access nature of the password protected site.
- Third Party Content
For your convenience, the NetPro1000 website contains content and information from NetPro1000's partners and/or links to partner websites ("Third Party Content"). Such content is not under the control of NetPro1000 and NetPro1000 is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. NetPro1000 is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by NetPro1000 of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites.
NetPro1000 is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release NetPro1000 (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE NetPro1000 WEBSITE AND YOUR MEMBER WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) NetPro1000 MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SERCURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE NetPro1000 WEBSITE OR MEMBER WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL NetPro1000 AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF NetPro1000 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND REALTED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NetPro1000 WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NetPro1000 WEBSITE.
- Proprietary Rights
NetPro1000 does not claim ownership of the content you place on your Member website. By posting content to your Member website, you grant NetPro1000 a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through the NetPro1000 website, and co-branded or mirrored versions of such sites, and in NetPro1000's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
- Indemnification
You agree to indemnify and hold NetPro1000 and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of any information, included but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member website and/or NetPro1000 and/or its affiliates.
- Copyright
All materials on the NetPro1000 website (as well as the organization and layout of the NetPro1000 website) are owned and copyrighted or licensed by NetPro1000, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the NetPro1000 website is permitted without the written permission of NetPro1000. Any rights not expressly granted herein are reserved.
We respect the intellectual property rights of others and we ask our members to do the same. Please see our copyright policy for more information.
- Trademarks
NetPro1000, NetPro1000.com, the NetPro1000 logo and other NetPro1000 logos and product and service names are trademarks of NetPro1000.com Incorporated (the "NetPro1000 Marks"). Without NetPro1000's prior permission, you agree not to display or use in any manner, the NetPro1000 Marks.
- Modification
NetPro1000 reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NetPro1000 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Termination
You agree and acknowledge that while NetPro1000 does not pre-screen content posted by you to your Member website, NetPro1000 and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your Member website. You further agree that NetPro1000 shall have the right to remove Elements form your Member website, your NetPro1000 account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason. You further agree that NetPro1000, in its sole discretion, may terminate your password, your Member website, your NetPro1000 account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, for lack of use, if we are unable to verify or authenticate any information you provide to us, or if NetPro1000 believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your member website and/or NetPro1000 account if we decide, in our sole discretion, to discontinue offering our services.
- General Information
These Terms of Service shall be governed in all respects by the laws of the State of Minnesota, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Minnesota between Minnesota residents. Both parties submit to exclusive jurisdiction and venue in Minnesota and further agree that any cause of action arising under these Terms of Service shall be brought in a court in San Mateo County, Minnesota. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your Member website, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The services hereunder are offered by NetPro1000.com, located at 1305 Frontage Road West, Stillwater, MN 55082.
- Violations
Please report any violations of these Terms of Service by contacting us.
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