NetTracks Internet Solutions Services
NetTracks Internet Solutions’ services include, but are not limited to:
1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting clients’ account (including all billing data and the space on the particular Web server that NetTracks Internet Solutions provides to clients);
2. any use by clients, or any access provided to clients by NetTracks Internet Solutions, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by NetTracks Internet Solutions to clients, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by NetTracks Internet Solutions to clients, of any space, Internet connectivity, or electrical power;
5. any access or use related to the NetTracks Internet Solutions’ Web site, including the Web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by NetTracks Internet Solutions to clients, whether used or not;
8. any other NetTracks Internet Solutions services that are used by clients, whether offered or provided by NetTracks Internet Solutions to clients.
OWNERSHIP OF WEB SITE
The legal owner of clients’ Web sites and accounts with NetTracks Internet Solutions will be the individual or organization whose name is listed in NetTracks Internet Solutions’ database as the owner. Clients will fully cooperate with and abide by any and all of NetTracks Internet Solution’s security measures and procedures in the event of any dispute over ownership of clients’ Web sites and accounts with NetTracks Internet Solutions.
NETTRACKS INTERNET SOLUTIONS USAGE AGREEMENT
In accepting the services of NetTracks Internet Solutions, you agree to the following:
2. Anyone 18 years of age or older may request service of NetTracks Internet Solutions. (Young people and children under the age of 18 are not eligible for service.) You agree that all required registration information you provide is accurate and truthful, including a legitimate email address. You may request service of NetTracks Internet Solutions in your name only.
3. You agree to use NetTracks Internet Solutions only for its intended, lawful purposes, and in accordance with all applicable laws. You agree not to use NetTracks Internet Solutions in any manner that interferes with its normal operation or with any other client’s use and enjoyment thereof. You further agree that you will not access NetTracks Internet Solutions by any means except through the interface provided by NetTracks Internet Solutions and that you will not access NetTracks Internet Solutions from any territory where its contents are illegal.
4. You agree that under no circumstances will NetTracks Internet Solutions be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content emailed, posted, transmitted, or otherwise made available via your Website and NetTracks Internet Solutions.
NetTracks Internet Solutions servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing NetTracks Internet Solutions services, all NetTracks Internet Solutions clients certify that they and/or the organization they represent in procuring services from NetTracks Internet Solutions are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ’suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
RESPONSIBILITY FOR CONTENT POSTED ON YOUR WEBSITE HOSTED BY NETTRACKS INTERNET SOLUTIONS
1. All text, photographs, paintings, drawings, captions, or any other information or materials (referred to as "Content" throughout this agreement), posted on your Website are the sole responsibility of the person who uploaded such Content. When you sign up for NetTracks Internet Solutions services you also agree that you are responsible for all Content that you upload, transmit, post, email, or otherwise make available via your website and NetTracks Internet Solutions website service.
2. NetTracks Internet Solutions holds the right to review, edit, and remove Content from NetTracks Internet Solutions at our sole discretion. You agree that by using NetTracks Internet Solutions, you will not upload any Content including photographs that are abusive, cruel, indecent, offensive, pornographic, sexually explicit, or that we deem objectionable.
3. Except for the prohibitions stated above and in the section titled "Prohibited Content" we do not control the Content that is uploaded onto your Website and, as such, we do not guarantee the accuracy, integrity, or quality of such Content.
We may examine any Content submitted to NetTracks Internet Solutions and posted on your Website at any time, and we maintain the absolute right (but not the obligation) to remove Content or any reason or no reason, at any time, with or without notice.
1. Content involving nudity, including nudity or partial nudity of children of any age. Pornography and sex-related merchandising are prohibited on NetTracks Internet Solutions servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
2. Content that exploits children or minors or that discloses any personally identifying Content beyond a first name about persons under the age of 18. The use of NetTracks Internet Solutions’ services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. NetTracks Internet Solutions is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
3. Any and all Content that includes profanity, obscenities, sexually explicit, sexual innuendos, vulgar or rude comments, and expressions of bigotry, hatred, or prejudice toward any other people or group, including attempts to "disguise" such words by using initials, blanks, or asterisks.
4. Content that disseminates personal information about another individual for malevolent purposes, including defamation, harassment, libel, or slander.
5. Content that is or may be deemed to be grossly offensive by the NetTracks Internet Solution’s administrator.
6. Content promoting or providing instructional information about criminal, illegal, or terrorist activities or in any way suggests breaking the law.
7. Content depicting cruelty to animals.
8. Copyrighted Content or materials that are used without the express permission of the owner.
GRANT OF LICENSE
When you post Content to your Website via NetTracks Internet Solutions service you agree that all Content will be "Public," which means that such Content will be available and searchable to anyone using the Internet. By posting Public Content to your Website you grant NetTracks Internet Solutions, its affiliates and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish that Content for the purposes of displaying that Content on NetTracks Internet Solutions. In addition, when you post Public Content to NetTracks Internet Solutions, you also grant us a license to distribute that Content, either electronically or via other media, to clients seeking to download it through the NetTracks Internet Solutions Desktop or for purposes of other services provided by NetTracks Internet Solutions and to display such Content on NetTracks Internet Solutions affiliated sites, including but not limited to other sites owned and operated by NetTracks Internet Solutions. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on NetTracks Internet Solutions at any time. When you do remove your Content, the license described above will automatically expire.
Use of NetTracks Internet Solutions Content
1. In addition to posting your own Content on your Website, you can also enjoy the websites of other NetTracks Internet Solution’s clients. The NetTracks Internet Solution’s site includes a combination of Content that we license from third party partners and Content that is created and posted by our clients.
2. All of the Content on the NetTracks Internet Solutions site are protected by our copyrights, the copyrights of our clients and/or the copyrights of the client who posted such materials. You may not transmit, reproduce, publish, publicly display, publicly perform, participate in the transfer or sale of, modify, distribute, create derivative works of, or in any way exploit any of the Content on the NetTracks Internet Solutions or other clients’ websites in whole or in part outside of the specific usage rights granted to you by NetTracks Internet Solutions.
3. As a NetTracks Internet Solutions client, you may display NetTracks Internet Solutions images on your computer using the NetTracks Internet Solutions Desktop, send the images as Photo Messages and E-cards, view them on mobile devices, and use them on or through other services that may be provided by NetTracks Internet Solutions. Exporting the NetTracks Internet Solutions images into any other software product is expressly prohibited. No other distribution of the NetTracks Internet Solutions images is authorized.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to NetTracks Internet Solutions’ clients. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a NetTracks Internet Solutions server, and selling or distributing software (on a Web site residing on a NetTracks Internet Solutions server) that facilitates spamming. Violators will be assessed a minimum fine of US $200 and will face immediate suspension. NetTracks Internet Solutions reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any client, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of NetTracks Internet Solutions’ services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use NetTracks Internet Solutions’ services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All NetTracks Internet Solutions clients are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a NetTracks Internet Solutions client (per the DMCA) to NetTracks Internet Solutions must follow the below procedures. Copyright infringement notifications submitted to NetTracks Internet Solutions according to these procedures will be processed within 21 days of receipt. Clients who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at NetTracks Internet Solutions’ sole discretion.
DMCA Copyright Infringement Notification Requirements
* Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the "Claimant").
* Identification of the copyrighted work(s) claimed to have been infringed.
* Identification of the material claimed to infringe the copyright(s), and enough information for NetTracks Internet Solutions to locate it including URLs and specific descriptions of the infringing material at each URL.
* The Claimant’s name, address, and telephone number(s).
* A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
* A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
* Mail the notification to:
NetTracks Internet Solutions
514 Americas Way #2622, Box Elder, SD 57719
REPORTING CONTENT VIOLATIONS
If you believe that any Content including text, photos, and any other material posted on a NetTracks Internet Solutions client’s website violates these NetTracks Internet Solutions Rules or your copyright you can report such violation using the link provided at the bottom of each photo page of that website on NetTracks Internet Solutions. In addition, you may report a copyright violation by providing the following information to the address listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site;
3. An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not FiberglassRV.com, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the Content in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
6. Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional Content before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your Content along with that of the alleged infringer pending resolution of the matter.
If you believe your copyrighted material is being used on this Website without permission, please notify NetTracks Internet Solutions at:
NetTracks Internet Solutions
514 Americas Way #2622
Box Elder, SD 57719
NetTracks Internet Solutions is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, NetTracks Internet Solutions urges its clients to assume that all of their on-line communications are insecure. NetTracks Internet Solutions cannot take any responsibility for the security of information transmitted over NetTracks Internet Solutions’ facilities.
RESPONSIBILITY FOR MAINTAINING YOUR PRIVACY
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on NetTracks Internet Solutions.
clients are required to use the NetTracks Internet Solutions network responsibly. This includes respecting the other clients of NetTracks Internet Solutions. NetTracks Internet Solutions reserves the right to suspend and/or cancel service with any client who uses the NetTracks Internet Solutions network in such a way that adversely affects other NetTracks Internet Solutions clients. While NetTracks Internet Solutions may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, NetTracks Internet Solutions does not monitor its clients’ communications or activities to determine whether they are in compliance with the TOU. However, when NetTracks Internet Solutions becomes aware of any violation of the TOU or other client agreements, NetTracks Internet Solutions may take any action to stop or correct such violation, including, but not limited to, denying access to NetTracks Internet Solutions’ services and equipment or to the Internet. In addition, NetTracks Internet Solutions may take action against a client or a client of such client because of the activities of such client. NetTracks Internet Solutions anticipates that clients who offer Internet services will cooperate with NetTracks Internet Solutions in any corrective or preventive action that NetTracks Internet Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of NetTracks Internet Solutions policy and NetTracks Internet Solutions reserves the right to take any such action even though such action may affect other clients of the NetTracks Internet Solutions client.
Actions Taken by NetTracks Internet Solutions
The failure by a client to meet or follow any of the TOU is grounds for account deactivation. NetTracks Internet Solutions will be the sole arbiter as to what constitutes a violation of the TOU. NetTracks Internet Solutions reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When NetTracks Internet Solutions becomes aware of an alleged violation of its TOU, NetTracks Internet Solutions will initiate an investigation. During the investigation, NetTracks Internet Solutions may restrict a client’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, NetTracks Internet Solutions may, at its sole discretion, restrict, suspend, or terminate a client’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, NetTracks Internet Solutions will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. NetTracks Internet Solutions does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by NetTracks Internet Solutions.
NetTracks Internet Solutions clients agree to protect, defend, hold harmless, and indemnify NetTracks Internet Solutions, any third party entity related to NetTracks Internet Solutions (including, without limitation, third party vendors), and NetTracks Internet Solutions’ executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as NetTracks Internet Solutions, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the client’s use of NetTracks Internet Solutions’ services.
The NetTracks Internet Solutions service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. NetTracks Internet Solutions expressly disclaims any representation or warranty that the NetTracks Internet Solutions service will be error-free, secure or uninterrupted. No oral advice or written information given by NetTracks Internet Solutions, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NetTracks Internet Solutions and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a client becomes insolvent or any bankruptcy petition is filed by the client, or any third party against the client, NetTracks Internet Solutions may immediately terminate provision of NetTracks Internet Solutions’ services to the client without prior notice or penalty. Such client consents to the grant of relief from any automatic stay of proceedings against NetTracks Internet Solutions in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL NetTracks Internet Solutions (INCLUDING, WITHOUT LIMITATION, NetTracks Internet Solutions’ EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS NetTracks Internet Solutions, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING NetTracks Internet Solutions’ SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR NetTracks Internet Solutions SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY NetTracks Internet Solutions SERVICES EVEN IF NetTracks Internet Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NetTracks Internet Solutions’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO client, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR NetTracks Internet Solutions’ SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY NetTracks Internet Solutions OR NetTracks Internet Solutions’ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE client FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
NetTracks Internet Solutions may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide clients with NetTracks Internet Solutions’ services. Certain changes to NetTracks Internet Solutions’ services may affect the operation of clients’ personalized applications and content. Each client is solely responsible, and NetTracks Internet Solutions is not liable, for any and all such personalized applications and content, except as expressly agreed to by NetTracks Internet Solutions.
Backup of Data
Except where NetTracks Internet Solutions has expressly agreed in writing to the contrary, clients are solely and entirely responsible, and NetTracks Internet Solutions is in NO way responsible, for the management and backup of all client data, and all updates, upgrades, and patches to any software that clients use in connection with NetTracks Internet Solutions services.
Third Party Licenses
NetTracks Internet Solutions makes a reasonable effort to provide clients with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, NetTracks Internet Solutions makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, NetTracks Internet Solutions specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no client will hold NetTracks Internet Solutions liable in any way for the revocation of any license, which has been licensed to NetTracks Internet Solutions. The use of the Technologies obtained from or through NetTracks Internet Solutions, or any other referred third party, whether directly or indirectly, is at the sole risk of clients.
Non-NetTracks Internet Solutions Products
Any mention of non-NetTracks Internet Solutions products by NetTracks Internet Solutions, its employees, or any third party entity related to NetTracks Internet Solutions is for information purposes only and does not constitute an endorsement or recommendation by NetTracks Internet Solutions. NetTracks Internet Solutions disclaims any and all liabilities for any representation or warranty made by the vendors of such non-NetTracks Internet Solutions products or services.
NetTracks Internet Solutions’ Intellectual Property
clients will not, without NetTracks Internet Solutions’ express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on NetTracks Internet Solutions’ Web site, and clients will not use any of NetTracks Internet Solutions’ trademarks, service marks, copyrighted materials, or other intellectual property without NetTracks Internet Solutions’ express written consent. Clients will not, in any way, misrepresent their relationship with NetTracks Internet Solutions, attempt to pass themselves off as NetTracks Internet Solutions, or claim that clients are NetTracks Internet Solutions.
clients may not assign or delegate their rights or obligations under the TOU or other agreement for NetTracks Internet Solutions’ services, either in whole or in part, without the prior written consent of NetTracks Internet Solutions.
Minimum Age Requirement
NetTracks Internet Solutions clients must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a NetTracks Internet Solutions client. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for NetTracks Internet Solutions services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains NetTracks Internet Solutions’ express written consent to the contrary. Any acceptance of the TOU or any other agreement for NetTracks Internet Solutions’ services will be deemed null and void to the extent that NetTracks Internet Solutions will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of NetTracks Internet Solutions’ services.
Governing Law and Severability
The TOU, and any other agreement for NetTracks Internet Solutions services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a client and NetTracks Internet Solutions will take place in Oregon, and the client will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other NetTracks Internet Solutions agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
NetTracks Internet Solutions will not be liable for delays in its performance of the TOU or NetTracks Internet Solutions services caused by circumstances beyond NetTracks Internet Solutions’ reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). NetTracks Internet Solutions will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of clients for the payment of money due.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOU or other agreement for NetTracks Internet Solutions services, initiated by a client, will be effective only if accepted in writing and signed by an authorized representative of NetTracks Internet Solutions.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between NetTracks Internet Solutions and its clients. Each of NetTracks Internet Solutions and its clients will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for NetTracks Internet Solutions services, constitutes the complete understanding and agreement between NetTracks Internet Solutions and its clients. Except when expressly agreed to the contrary in signed writing by an authorized representative of NetTracks Internet Solutions, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for NetTracks Internet Solutions services is between NetTracks Internet Solutions and its clients only and will not confer any rights in any third party except as otherwise expressly provided by NetTracks Internet Solutions.
NetTracks Internet Solutions client Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. NetTracks Internet Solutions accepts the following types of payment:
* Credit Card (VISA, MasterCard)
* Check or Money Order
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide NetTracks Internet Solutions your credit card information, you authorize NetTracks Internet Solutions to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with NetTracks Internet Solutions’ Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. NetTracks Internet Solutions will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying NetTracks Internet Solutions, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Clients not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
NetTracks Internet Solutions offers two Billing Cycles (terms) for hosting charges: Monthly, and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual Billing Cycles:
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
NetTracks Internet Solutions sends invoices via email and does not mail paper invoices or statements. Statements can be requested from firstname.lastname@example.org.
Returned (NSF) Checks
NetTracks Internet Solutions charges a $25.00 fee for returned (NSF) checks. Clients that issue an NSF check will be required to submit future payments with a certified check or money order.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by NetTracks Internet Solutions.
Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must contact NetTracks Internet Solutions’ Billing Department via email@example.com. NetTracks Internet Solutions’ client service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US clients may contact NetTracks Internet Solutions’ Billing Team via email at firstname.lastname@example.org.
Cancellation requests must be received by NetTracks Internet Solutions a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by NetTracks Internet Solutions. NetTracks Internet Solutions is unable to cancel your account effective for a future date. NetTracks Internet Solutions will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact NetTracks Internet Solutions as soon as possible.
NetTracks Internet Solutions will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.
NetTracks Internet Solutions does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to NetTracks Internet Solutions’ services. Cancellation of services does not relieve the client from paying any outstanding balance owed on the account. NetTracks Internet Solutions reserves the right to cancel any account, at any time, without notice, for any reason NetTracks Internet Solutions considers appropriate.
30-Day Money Back Guarantee
Each of NetTracks Internet Solutions’ shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
NetTracks Internet Solutions has a zero tolerance policy for chargebacks. Any client who disputes a credit card payment is subject to a fine, suspension and account termination at NetTracks Internet Solutions’ discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
NetTracks Internet Solutions’ policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Last Updated: 5/06/2012
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