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THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED
BY NETSLEUTH. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY
NETSLEUTH AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH
CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR
ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION
OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND
IS NOT MONITORED AS DOING SO.
Description of Service
NetSleuth currently provides users with access to a rich collection of
resources, including, various communications tools, forums, public records
databases, personalized content and branded programming through its network of
properties (the "Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for NetSleuth
to provide the Service. You also understand and agree that the service may
include certain communications from NetSleuth, such as service announcements,
administrative messages and the NetSleuth Newsletter, and that these
communications are considered part of NetSleuth membership and you will not be
able to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the release of
new NetSleuth properties, shall be subject to the Terms of Use. You understand
and agree that the Service is provided "AS-IS" and that NetSleuth assumes no
responsibility for the timeliness, deletion, mis- delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or NetSleuth has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, NetSleuth has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). NetSleuth is concerned about the safety and
privacy of all its users, particularly children. For this reason, you must be at
least 18 years old to create a NetSleuth account.
NetSleuth Privacy Policy
Search, Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy at
http://www.netsleuth.com/misc/privacypolicy.aspx.
Member Account, Password and Security
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify NetSleuth of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. NetSleuth cannot and will not be liable for any loss
or damage arising from your failure to comply with this provision.
You are prohibited from using any services or facilities provided in connection
with this site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of system security,
NetSleuth reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents. NetSleuth
reserves the right to investigate suspected violations of these Terms of Use.
NetSleuth reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing NetSleuth to disclose the
identity of anyone posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS NETSLEUTH FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY NETSLEUTH DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER NETSLEUTH OR LAW ENFORCEMENT AUTHORITIES.
Account Activation
From time to time we may offer NetSleuth subscriptions at reduced prices, or for
no charge. If you take advantage of such a promotion you may be required to
perform certain other actions to activate your NetSleuth account, including
visiting our sponsors' and/or advertisers' websites and/or completing their
special offer. Available offers will vary and some offers may require a purchase
or payment of a shipping and handling fee to qualify.
Member Conduct
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
NetSleuth, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. NetSleuth does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will NetSleuth be liable in any way for
any Content, including, but not limited to, for 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 posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is
unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a NetSleuth
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that
contains 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
- 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;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that NetSleuth may not pre-screen Content, but that NetSleuth
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, NetSleuth and its designees shall have the right
to remove any Content that violates the Terms of Use or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by NetSleuth or submitted to
NetSleuth, including without limitation information in NetSleuth Message Boards,
and in all other parts of the Service.
You acknowledge, consent and agree that NetSleuth may access, preserve, and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c)
respond to claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of NetSleuth, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
use of these materials is subject to usage rules set by NetSleuth and/or content
providers who provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited.
Content Submitted or Made Available For Inclusion in the Service
NetSleuth does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
NetSleuth the following world-wide, royalty free and non-exclusive license(s),
as applicable:
- With respect to Content you submit or make available for inclusion on publicly
accessible areas of NetSleuth, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the specific NetSleuth site
to which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service and
will terminate at the time you remove or NetSleuth removes such Content from the
Service.
- With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or NetSleuth removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the NetSleuth
network of properties that are intended by NetSleuth to be available to the
general public. By way of example, publicly accessible areas of the Service
would include NetSleuth Message Boards that are open to both members and
visitors.
Indemnity
You agree to indemnify and hold NetSleuth, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the Terms of Use, or your violation of any rights of
another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your NetSleuth
User ID), use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that NetSleuth may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on NetSleuth's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that NetSleuth has
no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that NetSleuth reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that
NetSleuth reserves the right to modify these general practices and limits from
time to time.
Modifications to Service
NetSleuth reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that NetSleuth shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that NetSleuth may, under certain circumstances and without prior
notice, immediately terminate your NetSleuth account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the Terms of Use or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, and (f)
extended periods of inactivity. Termination of your NetSleuth account includes
(a) removal of access to all offerings within the Service, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall be made in
NetSleuth's sole discretion and that NetSleuth shall not be liable to you or any
third-party for any termination of your account, any associated email address,
or access to the Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that NetSleuth shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
Links to Other Websites
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because NetSleuth has no control over such sites and
resources, you acknowledge and agree that NetSleuth is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources.
You further acknowledge and agree that NetSleuth does not guarantee, warrant or
assume responsibility for the accuracy of information obtained from other
websites, and shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through
any such site or resource.
NetSleuth's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by NetSleuth
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
NetSleuth grants you a personal, non-transferable and non- exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by NetSleuth for use in accessing the
Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. NETSLEUTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.
- NETSLEUTH MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NETSLEUTH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NETSLEUTH SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF NETSLEUTH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Use,
there shall be no third party beneficiaries to this Agreement.
Notice
NetSleuth may provide you with notices, including those regarding changes to the
Terms of Use, by either email, regular mail, or postings on the Service.
Trademark Information
NetSleuth, the NetSleuth logo and other NetSleuth logos and product and service
names are trademarks of NetSleuth (the "NetSleuth Marks"). Without NetSleuth's
prior permission, you agree not to display or use in any manner, the NetSleuth
Marks.
Disputes
As part of the consideration that the NetSleuth requires for viewing, using or
interacting with this website, Visitor agrees to use binding arbitration for any
claim, dispute, or controversy of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association, which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in the city or county of NetSleuth.
In no case shall the viewer, visitor, member, subscriber or customer have the
right to go to court or have a jury trial. Viewer, visitor, member, subscriber
or customer will not have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
Entire Agreement
The Terms of Use constitute the entire agreement between you and NetSleuth and
govern your use of the Service, superceding any prior agreements between you and
NetSleuth. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other NetSleuth services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum
The Terms of Use and the relationship between you and NetSleuth shall be
governed by the laws of the State of Texas without regard to its conflict of law
provisions. You and NetSleuth agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Denton, Texas.
Waiver and Severability of Terms
The failure of NetSleuth to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your NetSleuth account is non-transferable and any rights to your
NetSleuth User ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the Terms of
Use must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Violations
If you are aware of any violations of the Terms of Use, please
Contact us.
This Terms of Use was last updated March 1st, 2009.
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