| Welcome to netmon.com's website. The following terms and
conditions (the "Terms of Service") govern your use of this
website and any services that are offered here. By using this site or
the services provided thereon, you agree to be, and are, bound by these
Terms of Service. These Terms of Service may be updated by netmon.com
from time to time, so please check back frequently. You acknowledge and
agree that your continued use of netmon.com's website or services after
any such update signifies your acceptance of such modified Terms of
Service. Because this is a legal agreement between you and netmon.com,
please print out and retain a copy for your records. If you do not agree
to these Terms of Service, you are not authorized to access or use this
site or the services provided here.
1. OWNERSHIP
The trademarks, logos, and service marks displayed on netmon.com's
website (collectively, the "Marks") belong to netmon.com and
others. netmon.com and all other trademark owners retain all rights in
and to the Marks, and nothing in these Terms of Service grants you or
anyone else any right whatsoever to the Marks. You may not use,
reproduce, or display any Marks without their owner's prior written
consent.
Unless expressly stated on the netmon.com website, you should assume
that all content, images, and materials appearing on this website
(collectively, the "Content") are the sole property of netmon.com.
Such Content is protected by European, Canadian, U.S. and international
copyright laws and treaties. You may not use, reproduce, display, or
sell any Content without netmon.com's prior written consent. You may not
link to any page within our website (other than the home page, www.netmon.com)
or frame any portion of the site without netmon.com's prior written
consent.
2. TERMINATION OF SERVICES/WEBSITE
netmon.com may modify or discontinue its website or the services it
provides at any time, and for any reason, with or without notice to you.
netmon.com will not be liable to you or any third party as a result of
such modification or discontinuation of any website or services. The
provisions of these Terms of Service will survive any termination of
this website or any services provided by netmon.com.
3. DISCLAIMER
You acknowledge and agree that your use of our website and the services
we offer is at your own risk. Without limiting any other provision
contained in these Terms of Service, everything on the website and the
services we offer are provided to you "AS IS" AND "AS
AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. NETMON.COM HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. NETMON.COM
MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE NETMON.COM
WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE NETMON.COM WEBSITE OR
SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE
SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.
4. LINKS
Our website may contain links to other Internet websites or resources.
You acknowledge and agree that netmon.com is not responsible or liable
in any way for (i) the availability or accuracy of such sites or
resources, or (ii) the content, advertising, or products on or available
from such sites or resources. The inclusion of any link on our website
does not imply that netmon.com endorses any of the linked sites. You use
the links at your own risk.
5. REGISTRATION AND ACCOUNT USE
You agree that any information you provide in response to netmon.com's
registration and other forms will be true, accurate, current and
complete. In particular, you agree not to misrepresent your identity to netmon.com.
By submitting any information to netmon.com, you grant netmon.com the
right to use this information to provide any services you request and
for any other purpose that is consistent with our privacy policy.
If you become a registered user of our site or services, you will
receive a password for accessing your account information. You are
responsible for maintaining the confidentiality of your password and
account and are fully responsible for all activities that occur using
your password or account. Please notify us immediately of any
unauthorized use of your password or account or any other breach of
security. netmon.com will not be liable for any loss that you may incur
as a result of any third party's use of your password or account, either
with or without your knowledge. You may not use anyone else's password
at any time.
6. LIMITATION OF LIABILITY
If you do not agree with our Terms of Service, or if you are not
satisfied with our website or any of the services that netmon.com
provides, your sole remedy is to discontinue your use of the netmon.com
website and services. NETMON.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY
PROVIDED IN NETMON.COM'S MEMBERSHIP AGREEMENT FOR PAID SERVICES),
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO
OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE NETMON.COM
WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT NETMON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS
PRECONDITION TO YOUR USE OF NETMON.COM'S WEBSITES AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU.
7. INDEMNITY
You agree to defend, indemnify, and hold harmless netmon.com, its
officers, directors, employees, agents, and partners, from and against
any third-party claims, actions, demands, liabilities, expenses, and
costs, including without limitation reasonable legal and accounting
fees, arising from or related to your use of the netmon.com website,
your violation of these Terms of Service, or your violation of any laws,
regulations, or third-party rights.
8. MODIFICATIONS TO TERMS OF SERVICE
No modification to these Terms of Service will be effective unless: (a)
posted by netmon.com on the netmon.com website; or (b) expressly agreed
to in writing on netmon.com's letterhead and signed by an executive vice
president or higher-level officer of netmon.com. Any modification posted
on this site will become effective immediately, and your continued use
of netmon.com's websites or the services it offers will signify your
acceptance of such modified terms.
9. GENERAL PROVISIONS
These terms will be governed by and construed solely in accordance with
the laws of the Sovereign Society of Atlantys, excluding that body of
law governing conflict of laws. Both you and netmon.com agree that any
legal action or proceeding relating to or arising out of these Terms of
Service or your use of netmon.com's website or services will be brought
exclusively in a court of Atlantys, and by agreeing to these Terms of Service
you submit to the personal jurisdiction of, and venue in, such courts.
If any provision of these Terms of Service is held to be invalid or
unenforceable, such provision will be enforced to the greatest extent
possible and the remaining provisions will remain in full force and
effect. Headings are for reference purposes only and in no way define,
limit, or describe the scope or extent of such section. 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, nor does it
affect your obligations or netmon.com's rights and remedies under these Terms of Service
in any other way. Except for other agreements, terms, or policies
appearing on the netmon.com website, these Terms of Service set forth
the entire understanding and agreement between you and netmon.com
regarding the subject matter hereof.
10. ADDITIONAL INFORMATION
This website is owned and operated by netmon.com Corp. Any questions
relating to this website or these Terms of Service may be directed to support@netmon.com.
Thank you for using the netmon.com website. |
