The Services may include access to certain documentation and/or other materials specifically describing the features and specifications of the Services (“Documentation”). You understand that the Services (including any Documentation) are provided solely for your legitimate internal business purposes and may not be used for any other activity or purpose.
By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these terms (“Terms”). NetAbstraction may revise the Terms from time to time to reflect changes to our Services, applicable laws, regulations or standards or other changes that may occur in our business.
If you have any questions, please contact us at [email protected].
You must carefully read these Terms which set forth the terms and conditions by which you may access and use the Services, including any content, materials, tools, features and functionality offered thereon, whether provided in whole or in part by NetAbstraction. These Terms form a legally binding agreement between you, as a user of the Services, and us.
Accepting the Terms
If you are using our Services on behalf of a business or entity, whether in whole or in part, then you agree, represent and warrant that (a) you are duly authorized by such business or entity to agree on its behalf and bind such business or entity to these Terms; and (b) your business or entity is legally responsible for your use of our Services as well as for the use of your account by other individuals, including without limitation, any employees, contractors or other persons. In such case, “you” and “your” means you and the business or entity that you represent when using the Services on their behalf.
By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services. By accessing or using our Services, you confirm that you can form a binding contract with NetAbstraction, that you accept these Terms and that you agree to comply with them. If you do not agree with or accept these Terms, you must not access or use the Services. You will be deemed to accept the Terms and agree to be bound by the terms hereunder if you access or use the Services.
Registering the user account
To use the Services, you must contact us and register an account and may be required to purchase a subscription plan for access to the Services. Upon completion of the registration, you may gain access to your NetAbstraction account.
After registering an account, NetAbstraction reserves the right to review your application before granting you access to the Services. If NetAbstraction suspects that the information you have provided is incorrect or that you might use the Services in violation of these Terms, then in its sole discretion, NetAbstraction may prohibit your access to any Services.
You control access by your End Users, and you are entirely responsible for any and all activities that occur under your account. NetAbstraction is not liable for any harm caused by or related to the theft, misappropriation, disclosure or unauthorized use of your account. You must contact NetAbstraction immediately if you become aware of or you believe there is or may have been any unauthorized use of your account or if you otherwise wish to deactivate your account. You and anyone accessing the Services by or through you will comply with these Terms.
Your restrictions and obligations
When using the Services, you must not use the Services for any purposes beyond the scope of the access granted explicitly in these Terms. Nor will you at any time, directly or indirectly, and shall not permit anyone else to: (a) copy, modify, or create derivative works of the Services, in whole or in part; (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, in whole or in part; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (d) remove any proprietary notices from the Services (including any Documentation); (e) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any law; (f) interfere with or disrupt the integrity or performance of the Services; or (g) remove any copyright, trademark, patent, or other proprietary notice that appears on the Services (including any Documentation) or any print-outs or electronic files therefrom, or otherwise infringe upon or misappropriate any intellectual property or other proprietary rights of the NetAbstraction, or any of NetAbstraction’s licensors.
Notwithstanding anything to the contrary in these Terms, NetAbstraction may temporarily suspend your access to any portion or all of the Services if: (a) NetAbstraction reasonably determines that (i) your use of the Services poses a legitimate risk to NetAbstraction or to any other customer, vendor or contractor of NetAbstraction; or (ii) if you are using the Services in any manner prohibited by applicable law or in violation of any of the restrictions set out in these Terms; or (b) any vendor or contractor of NetAbstraction has suspended or terminated NetAbstraction’s access to or use of any Third-Party Products (as defined further below) required to enable access to the Services (any such suspension, a “Service Suspension”). NetAbstraction shall use commercially reasonable efforts to provide written notice of any Service Suspension and to provide updates regarding resumption of access to the Services. NetAbstraction shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the events or conditions giving rise to the Service Suspension are resolved. NetAbstraction will have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension.
Intellectual property of NetAbstraction
All copyrights and any other intellectual property rights in relation to the Services shall remain the sole and exclusive property of NetAbstraction and you shall have no claim to it insofar as not stated differently herein. Use of the Services does not give you ownership of any intellectual property rights in the Services or any of the content you may access.
NetAbstraction grants you a personal, non-exclusive, time limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services solely for the legitimate internal business purposes of the busines or entity for which you are using the Services on behalf of, subject to your compliance with the Terms. All rights not expressly granted in the Terms are reserved.
NetAbstraction, the NetAbstraction logo, and other NetAbstraction trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of NetAbstraction in the U.S. and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks and any use of such trademarks.
If you send or transmit any communications or materials to NetAbstraction by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, feedback or the like (“Feedback”), NetAbstraction is free to use such Feedback for any lawful purpose. You hereby assign to NetAbstraction all right, title and interest in, and NetAbstraction is free to use, without any attribution or compensation to any person or entity, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although NetAbstraction is not required to use any Feedback.
NetAbstraction acknowledges that, as between NetAbstraction and you, you own all right, title and interest, including all intellectual property rights, in and to any Customer Data. NetAbstraction may use the Customer Data solely to provide and improve the Services, to communicate with our customers and/or as otherwise permitted under these Terms or your instructions. “Customer Data” means, other than Aggregated Statistics (as defined below), any information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you through the use of the Services. You may extract and/or delete Customer Data at any time. Within thirty (30) days following completion of your subscription and/or trial of the Services, or expiration or termination of this Agreement, you may request that NetAbstraction return Customer Data, or purge or destroy copies of the Customer Data. Otherwise, NetAbstraction shall have no responsibility to store and/or deliver any Customer Data to you following completion your subscription and/or trial, or expiration or termination of this Agreement.
You acknowledge and agree that the Service is not intended as a storage service. However, notwithstanding the foregoing, you acknowledge and agree that we and our affiliate companies may preserve content, including communications and messages among users, and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:
- comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
- enforce these Terms;
- respond to claims that any content violates the rights of third parties; or
- protect our rights, property and/or the personal safety of our users and/or the public.
Interaction with others through the Services
The exchange of private communications between users is solely for the purpose of exchanging information between mutually consenting users of the Services. If a user sends any communications to another user, he/she must not send:
- messages or information that feature advertising or have other commercial purpose;
- content spreading viruses, worms, or other malicious codes;
- spam or mass mailing messages of any kind – (e.g., when a message is sent to more than five users simultaneously or when the same message is copied and sent to users who have not asked to receive the message);
- messages containing content contrary to good moral standards and public order; inappropriate, insulting or defamatory messages; or messages otherwise regarded as incompatible with these Terms and the interests of Users;
- messages of an unlawful nature or otherwise intended to cause harm to other users and/or the Services; or
- messages that may qualify as harassment of any kind whatsoever.
Technical and customer support
On the netabstraction.com website you will find contact information for the purpose of providing you with technical and customer support. We do not guarantee any level of technical support for technical issues not within our direct control. We also do not guarantee that the technical and/or customer support will be available at all times.
NetAbstraction may at all times and without prior notice, make functional, procedural or technical changes or improvements to the Services. NetAbstraction is under no circumstances obliged to adjust or add any specific functionality to the Services.
You are solely responsible for, and shall pay all costs and expenses for: (a) all communications, hardware and software needed to use the Services; (b) access to appropriate Internet connections to ensure effective access to and use of the Services; (c) ensuring the compatibility of your network, systems, products and applications for use in connection with the Services; and (d) determining the suitability of those items for such purposes. You further agree to: (u) maintain the confidentiality and security of passwords and abide by any access protocols or credential requirements set by NetAbstraction; (w) agree to provide any consents necessary under these Terms to allow NetAbstraction to provide the Services; (x) use commercially reasonable efforts to prevent unauthorized access to or use of the Services; (y) notify NetAbstraction promptly of any such unauthorized access or use of which it learns; and (z) cooperate reasonably in all respects, including with respect to implementation, access, support, and maintenance of the Services.
Your privacy and collection of data
You understand and agree that: (a) NetAbstraction may remove or demand removal of any and all data or other information that is provided, transmitted, maintained or stored through the Services in order to ensure on-going compliance with any applicable use policies implemented by NetAbstraction, and/or to address inappropriate, unlawful, offensive or obscene material; (b) NetAbstraction may use all data, in whole or in part for purposes of providing the Services and for research, analysis, development, enhancement and improvement of the Services; (c) NetAbstraction may disclose any data as may be required by law, court order or similar process; and (d) may share or use de-identified or aggregate data for any purpose.
Notwithstanding anything to the contrary these Terms, NetAbstraction may monitor your use of the Services and compile Aggregated Statistics relating thereto. As between NetAbstraction and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, may be retained by and shall belong solely to NetAbstraction. You acknowledge that NetAbstraction may compile Aggregated Statistics based on information, data or content that you may input, post, submit or transmit using the Services. You agree that NetAbstraction may use Aggregated Statistics for any purpose, including statistical analysis, trend analysis, creation of data models, and creation of statistical rules, provided that such Aggregated Statistics do not personally identify you. “Aggregated Statistics” means data and information related to or derived from your use of the Services from which personal identities have been removed.
The Services may include materials from third-parties or links to third-party websites (“Third-Party Products”) as a convenience to you and/or to help maintain some of the capabilities of the Services. You agree that NetAbstraction is not responsible for examining or evaluating the content or accuracy of such Third-Party Products and NetAbstraction does not warrant and will not have liability or responsibility for any Third-Party Products, or for any other materials, products, or software of third-parties. You agree that you will not use any Third-Party Products in a manner that would infringe or violate the rights of any other party and that NetAbstraction is not in any way responsible for any such use by you. Third-Party Products may be subject to their own terms and conditions, and in such cases, if you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install or use such Third-Party Products.
Cancelling your subscription plan
NetAbstraction may suspend or end your subscription plan and access to your account and/or the Services at any time. For example, we may suspend or terminate your use of the Services if you’re not complying with the Terms, or using the Services in a manner that may cause us legal liability, disrupt the Services, disrupt others’ use of the Service or, in our sole opinion, reason, may cause harm to NetAbstraction or any third party. NetAbstraction will attempt to give you five (5) days prior notice of any suspension or termination and shall refund you the subscription fee for the unused period. However, no prior notice is necessary and you shall not have the right to any refund if NetAbstraction cancels your subscription plan and access to your account and/or the Services due to your breach of these Terms, or if the term of your subscription plan has expired.
All provisions of the Terms, which by their nature should survive, will survive cancellation or termination of the Services.
Limitation of liability
OUR SERVICES (INCLUDING DOCUMENTATION) AND INFORMATION ARE PROVIDED ON AN “AS IS” BASIS AND, OTHER THAN EXPRESSLY SET OUT IN THE TERMS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ALTHOUGH WE ARE STRIVING TO PROVIDE YOU AS QUALITY SERVICES AS POSSIBLE, WE DO NOT WARRANT THAT OUR SERVICES WILL BE SECURE, TIMELY, ERROR-FREE, WITHOUT BUGS OR MISTAKES AND/OR WILL BE UNINTERRUPTED, NOR DO WE WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETABSTRACTION OR ITS DIRECTORS, EMPLOYEES, PARTNERS AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NETABSTRACTION AND ITS AFFILIATES, AND OUR EMPLOYEES, CONTRACTORS, SUPPLIERS, PARTNERS, AGENTS, OFFICERS AND DIRECTORS UNDER THE TERMS AND/OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID FOR THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE TIME OF THE CLAIM, OR (II) $100,000.00.
We assume no liability for non-operability or impaired accessibility to the Services due to, but without limitation to, technical difficulties or dependence on the Services of the third parties.
You are solely responsible for creating backup copies of any of your content that you submit to NetAbstraction.
Some states/jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so in such jurisdictions the above limitations or exclusions may not apply. In such cases, our liability and that of its affiliates, suppliers and partners will be limited to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless NetAbstraction and its affiliates, and our employees, contractors, suppliers, partners, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your access to and/or use of the Services or your breach of this Agreement.
The Terms and your use of the Services will be interpreted, governed and construed by the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia, unless otherwise agreed in a separate written agreement with NetAbstraction or as required by a mandatory law of a competent jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS AND/OR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED FOREVER THEREAFTER. Except for claims of infringement or misappropriation of patent, copyright, trademark, or trade secret, any and all disputes arising under or related in any way to the Terms or your use of the Services, must be resolved through binding arbitration. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any aspect of the Services. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association and the Supplementary Procedures for Consumer Related Disputes (“AAA“). The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the Commonwealth of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You agree to comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Services, NetAbstraction intellectual property or any customer data outside the United States.
You acknowledge and agree that a breach or threatened breach of any of your obligations under these Terms would cause NetAbstraction irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, NetAbstraction will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
To the extent it may be applicable, the application of the U.N. Convention on Contracts for the International Sale of Goods (1980) to this Agreement is expressly excluded.
The Services are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
NetAbstraction will not be responsible or liable to you, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic or pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or your equipment, loss and destruction of property, or any other circumstances or causes beyond NetAbstraction’s reasonable control.
Third Party Beneficiaries
The Terms create no third-party beneficiary rights. The Terms shall inure to the benefit of NetAbstraction and its respective legal representatives, successors, and assigns.
Waiver, Assignment & Severability
NetAbstraction failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under the Terms, and any such attempt will be void. NetAbstraction may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. If any provision of the Terms are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms will remain in full force and effect.
Changes to the Terms
We may, in our sole discretion, amend these Terms from time to time. We will update the “Last Updated” date at the top of these Terms, which reflect the effective date of the updated Terms. We may also use the netabstraction.com website, Services, e-mail or other means for notifying you of such changes. The updated Terms shall become effective and replace the prior Terms at the time of posting or such other time as may be indicated by us. If you do not agree with or accept the updated Terms, you can choose to not access and use the Services, to terminate your relationship with NetAbstraction, and to close your account. You will be deemed to have accepted the updated Terms if you continue to access and use the Services after the updated Terms become effective.
NetAbstraction respects the intellectual property of others and ask that you do too. We respond to notices of alleged infringement after receipt of a proper notice that complies with the law and is received by our designated agent. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that any content in the Services in a way that constitutes infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the rights owner;
- a description of the content you claim is being infringed;
- a description or link to the location of the material claim is infringing;
- your physical address, telephone number and e-mail address;
- a statement that you have a good faith belief that the content is not authorized by the rights owner, its agent or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.
Contact information for NetAbstraction’s designated agent for notice of claims of infringement is provided in the “Notices” section below. NetAbstraction may also take any appropriate action in the event it receives a proper counter-notice under the law.
For any questions or notices relating to the Terms, you may contact NetAbstraction at:
5180 Parkstone Dr., Suite 260, Chantilly, VA 20151
Email: [email protected]
California Consumer Rights Notice.
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.