| AGREEMENT BETWEEN YOU AND NET2BUSINESS,
LLC.
IMPORTANT - READ CAREFULLY BEFORE USING THIS WEB SITE OR APPLICATION.
BY USING THIS WEB SITE OR APPLICATION, YOU AGREE WITH THESE TERMS
OF USE.
As a user of this Web Service you agree to be bound by these Terms
and Conditions.
1. This web service is for your individual use, solely for internal
use by you for your business, or for your own personal use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, sublicense, transfer,
assign, rent, sell or otherwise convey any information, software,
products or services obtained from Net2Business services without
the prior written consent from Net2Business.
2. As a condition of your permitted use of Net2Business' Web Services,
you will not use this Web Service for any purpose that is unlawful
or prohibited by these Terms of Use. You may not use this Web Service
in any manner that could damage, disable, overburden, or impair
Web Service (or the network(s) connected to Web Service) or interfere
with any other party's use and enjoyment of Web Services. You may
not attempt to gain unauthorized access to Web Services, other accounts,
computer systems or networks connected to Web Services, through
hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means
not intentionally made available through Web Services by Net2Business.
3. THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH WEB SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO WEB SERVICES AND TO THE INFORMATION
THEREIN. NET2BUSINESS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN WEB SERVICES AT ANY TIME, WITHOUT NOTICE. THE
USER ASSUMES ALL RISK OF USE. NET2BUSINESS AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS
CONTAINED WITHIN WEB SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. NET2BUSINESS AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
4. YOU SPECIFICALLY AGREE THAT NET2BUSINESS SHALL NOT BE RESPONSIBLE
FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED,
OR ANY TRANSACTIONS ENTERED INTO THROUGH WEB SERVICES. YOU SPECIFICALLY
AGREE THAT NET2BUSINESS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NET2BUSINESS
IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN
WEB SERVICES BY ANY THIRD PARTY.
5. IN NO EVENT SHALL NET2BUSINESS AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF WEB SERVICES, WITH
THE DELAY OR INABILITY TO USE MAPPOINT .NET OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH WEB SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF WEB SERVICES, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF NET2BUSINESS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. IF, NOTWITHSTANDING THE ABOVE, NET2BUSINESS AND/OR ITS SUPPLIERS
ARE HELD TO BE LIABLE THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED
$1,000.
7. You agree to comply with applicable state, local, federal or
foreign laws or regulations, including laws and regulations regarding
telemarketing, customer solicitation, and privacy regarding the
products and the collection, processing or transfer of information
or software.
8. This agreement and performance hereunder shall be governed by
and construed in accordance with the laws of the State of Kansas,
U.S.A., and any action, suit or proceeding instituted hereunder
shall be maintained in the courts of the State of Kansas, U.S.A.,
or the federal courts located in the State of Kansas, U.S.A., which
courts shall have exclusive jurisdiction for such purposes.
9. These Terms and Conditions may be amended from time to time.
Any amendment is effective upon either a posting of the latest version
on the Net2Business web page (http://www.Net2Business.com/terms.html),
or upon notice by electronic mail, or U.S. mail. Your continued
use of the licensed products following notice of any amendment to
this agreement shall be conclusively deemed an acceptance of such
amendment.
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