Terms & Conditions

These Terms and Conditions (these “Terms”) govern Your use (when referring to You the use of the website, these Terms will use the forms of the pronoun “You”) of the NetServices (when referring to NetServices, these terms will use “NetServices” or the forms of the pronoun “We”) website at https://www.netsrvcs.com (such website as well as any social media that overlaps NetServices’ social media or website, collectively, the “Site”). By using or accessing the Site, You agree to these Terms, as they may be amended or updated from time to time in accordance with Section 4. If You do not wish to agree to these Terms, then You must not use or access the Site.

1. Definitions.

   The following capitalized terms have the meanings given as follows.

   1. “Content” means any content, text, graphics, images, videos, or the like available on or through the Portal.
   2. “IP” means any and all copyright, inventions, intellectual property rights, or software used by or incorporated in, including the underlying design, look, and feel of, the Portal.
   3. “Portal” means the Site as well as all features, applications and services available through the Site (including any sub-domains, widgets, and mobile versions); and Portal includes, without limitation, social plugins, if any, such as a Like button, a Share button, or other similar offerings, and any Portal Services now existing or later developed and offered on, used by, or available through the Portal.
   4. “Portal Services” means any services, activities, or transactions We make available to You, or that otherwise run, in, on, through or at the Portal.
   5. “Privacy Policy” means Our Privacy Policy which may be found on the Site under “Privacy Policy” and which may be amended from time to time in Our sole discretion by, and as of the time of, posting the amended Privacy Policy on the Portal.
   6. “Use” means to use, run, copy, perform, display, publish, distribute, disseminate, access, visit, modify, translate, or create derivative works from.
   7. “User” means anyone (including corporate entities, associations and the like) who uses, accesses, or visits the Portal or uses or accesses Portal Services.
2. Privacy.

   Your privacy is important to us. Please see the Privacy Policy.

3. Your Obligations.

   You commit to the following:

   1. You will not access the Portal using automated means (such as harvesting bots, robots, spiders, or scrapers) without Our prior written permission.
   2. You will not bully, intimidate, or harass any User.
   3. You will not Use the Portal in any manner that is or to do anything unlawful, illegal, fraudulent, malicious, harmful, discriminatory, or hateful.
   4. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Portal, including any denial of service attack or interference with page rendering or other Portal functionality, and You may not use the Portal in any way that may cause damage to the Portal or to any other website, the internet, or any person.
   5. You will not facilitate or encourage any violations of these Terms.
   6. We retain all rights in any IP. You will not use, copy, or alter any IP, except You may, without alteration, view, download for caching purposes only, and print pages from the Portal for Your own personal, and no commercial or other, use; and You will not repost or republish any Content or take any specific item of Content out of its context.
   7. You must not use the Portal to copy, store, host, transmit, send, use, publish, or distribute any spyware, computer virus, or other malicious computer software.
   8. To the extent You are permitted to provide Your own user content through the Portal, such content must not be illegal, unlawful, false, misleading, inaccurate, hateful or disparaging, must not infringe any third party’s intellectual property or other legal rights, and must not be capable of giving rise to legal action whether against You, NetServices, or a third party. We reserve the right to edit or remove any such user content that is submitted through the Portal, stored on Our servers, or hosted or published on or through the Portal.
   9. You will not use Our trademarks or any confusingly similar marks, except as expressly permitted in writing by Us or with Our prior written permission.
   10. You will not Use the Portal if You are under the age of 14.
   11. You will not use any Portal page for personal gain.
4. Amendments.
   1. We do not need to notify You before We make changes to these Terms.
   2. Your continued use of the Portal following changes to these Terms constitutes Your acceptance of Our amended Terms.
5. Arbitration.
   1. These Terms, the Privacy Policy and all Use of or access to the Portal will be governed by the laws of the Commonwealth of Virginia (“Virginia”) applicable to contracts to be entered into and performed there, as well as the U.S. Federal Arbitration Act. The following provisions shall not apply to You if You reside in a non-US jurisdiction where this arbitration provision would be unenforceable or otherwise are not permitted by law.
   2. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE Portal, OR THESE Terms, THE Privacy Policy, OR THEIR BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY (COLLECTIVELY, SUCH DISPUTES, CLAIMS, ETC., “DISPUTES,” WHICH INCLUDES, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY, PRODUCT LIABILITY, OR OTHER TORT) WILL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 5, EXCEPT THAT NETSERVICES RETAINS THE RIGHT TO GO TO COURT TO SEEK ANY TYPE OF RELIEF CONCERNING THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ITS COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS (ANY SUCH ACTIONS REGARDING INFRINGEMENT, ETC., AN “IP Protection Action”). You AGREE THAT THE EXCLUSIVE JURISDICTION AND VENUE OF ANY IP Protection Action WILL BE THE STATE COURTS LOCATED IN FAIRFAX COUNTY, VIRGINIA OR THE FEDERAL COURT IN THE EASTERN DISTRICT OF VIRGINIA (AND SUCH COURT SHALL HAVE THE RIGHT TO DETERMINE WHETHER AN ACTION IS AN IP Protection Action), AND You AND NETSERVICES EACH HEREBY IRREVOCABLY SUBMIT TO SUCH JURISDICTION, AND WAIVE ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS AS WELL AS ANY RIGHT TO ANY TRIAL BY JURY THEREIN. IN ANY IP Protection Action, THE COURT SHALL AWARD REASONABLE ATTORNEYS’ FEES AND COSTS TO THE PARTY THE COURT DEEMS TO HAVE PREVAILED TO THE EXTENT DEEMED BY THE COURT TO HAVE PREVAILED. You ACKNOWLEDGE AND AGREE THAT You AND NETSERVICES ARE EACH HEREBY IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY IN ANY IP Protection Action.
   3. You UNDERSTAND THAT BY AGREEING TO ARBITRATION IN SUBSECTION (d), You ARE ALSO WAIVING ALL RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH You AND NETSERVICES OTHERWISE AGREE IN WRITING, IN ANY ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THE ARBITRATION PROVIDED FOR IN THIS SECTION 5 IS HELD UNENFORCEABLE, THEN IN SUCH A CASE, EACH OF NETSERVICES AND You, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO CLAIM INCONVENIENT FORUM, AND IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS LOCATED IN FARIFAX COUNTY, VIRGINIA OR THE FEDERAL COURT FOR THE EASTERN DISTRICT OF VIRGINIA. IN ANY SUCH PROCEEDING THE COURT SHALL AWARD REASONABLE ATTORNEYS’ FEES AND COSTS TO THE PARTY THE COURT DEEMS TO HAVE PREVAILED TO THE EXTENT DEEMED BY THE COURT TO HAVE PREVAILED. THIS SECTION 5 WILL SURVIVE ANY TERMINATION OF Your Use OF or ACCESS TO THE Portal.
   4. THE ARBITRATION WILL BE ADMINISTERED BY NAM (NATIONAL ARBITRATION AND MEDIATION) (“NAM”) IN ACCORDANCE WITH NAM’S COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES (THE “RULES”) AND THE FEE SCHEDULE IN EFFECT AT THE TIME THE CLAIM IS FILED WITH NAM. NAM CAN BE CONTACTED AT 800-358-2550. ATT: COMMERCIAL CLAIMS DEPT., TO RESPOND TO ANY QUESTIONS REGARDING THE ARBITRATION PROCESS, AS WELL AS TO REQUEST A COPY OF NAM’S CURRENT COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND FEE SCHEDULE (OR ALSO VISIT www.namadr.com). THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION 5(D).
   5. The arbitrator will be selected by the parties from NAM’s roster of arbitrators. If the parties do not agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then NAM will appoint the arbitrator in accordance with the Rules. The arbitrator will be selected from the Fairfax, County, Virginia area or as close thereto as possible.
   6. Unless You and the Company otherwise agree in writing, the arbitration will be conducted in Fairfax County, Virginia, or, if possible, via teleconference, to the extent that any hearing is required. The arbitration will be an Arbitration based on Written Submission, conducted solely on the basis of the documents that You and the Company submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. The arbitrator will allow for the free exchange of non-privileged information relevant to the dispute.
   7. The arbitrator’s award of damages must be consistent with these Terms as to the types and amounts of damages for which a Party may be held liable, and the arbitrator has no authority to award damages in excess of the limits set forth in these Terms. The arbitrator may award declaratory or injunctive relief only in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
6. Indemnity and Limitation of Liability.
   1. If anyone ,including You or anyone claiming through You, brings a claim against Us or any of Our officers, directors, employees, or agents, related to Your actions, content, or information on, or Use of or access to, the Portal, You will indemnify and hold us harmless from and against all damages, losses, expenses, and investigations of any kind (including reasonable legal fees and costs) related to each such claim.
   2. You USE OR ACCESS THE Portal AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, We ARE PROVIDING THE Portal AS IS WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We DO NOT GUARANTEE THAT THE Portal WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE Portal WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. We ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. YOU HEREBY WAIVE AS AGAINST US, OUR EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, AND RELEASE Us AND ALL OF THEM FROM, ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM You HAVE AGAINST ANY SUCH THIRD PARTIES OR OUT OF Your Use OR ACCESS TO THE Portal OR BY ANYONE CLAIMING THROUGH You. IF You ARE A CALIFORNIA RESIDENT, You WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. We WILL NOT BE LIABLE TO You OR ANYONE CLAIMING THROUGH You FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE Terms OR THE Portal, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT MAY THE AGGREGATE AMOUNT OF LIABILITY OF NETSERVICES OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO You OR ANYONE CLAIMING THROUGH You EXCEED $50.
7. Special Provisions Applicable to Users Outside the United States.

   The following provisions apply to Users and non-users who interact with the Portal outside the United States:

   1. You consent to having Your personal data transferred to and processed in the United States on accordance with the Privacy Policy to the extent You provide us any such data.
   2. If You are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals You will not engage in Activities on or Use the Portal. You will not use Portal if You are prohibited from receiving products, services, or software originating from the United States.
   3. To the extent permitted by applicable law, You agree that the Portal and the Portal Services are provided in and from the jurisdiction of the Commonwealth of Virginia, notwithstanding that some of the code, applications, and/or services may be provided from servers located outside of such jurisdiction.
8. Other.
   1. These Terms and the Privacy Policy make up the entire agreement between the parties regarding the Portal and supersede any prior agreements.
   2. If any portion of these Terms is found to be unenforceable, such portion shall be replaced with the enforceable portion that best reflects the economic intention of the portion being replaced, and the remaining portions will remain in full force and effect.
   3. If We fail to enforce any of these Terms, such failure will not be deemed a waiver.
   4. These Terms may only be amended by Us in writing.
   5. You may not transfer any of Your rights or obligations under these Terms to anyone else without Our prior written consent.
   6. All of Our rights and obligations under these Terms are freely assignable by Us.
   7. These Terms do not confer any third-party beneficiary rights on You or any third party.
   8. We reserve all rights not expressly granted to You by these Terms.