Terms of Service
Acceptance of the Terms of Use
These
terms of use are entered into by and between You and Basic Networx Inc. (“Company”,
“we” or “us”). The following terms and conditions (“Terms
of Use”) govern your access to and use of www. basicnetworx. com (the “Website”), including any
content, functionality and services offered on or through the Website, whether
as a guest or a registered user. Please
read these Terms of Use carefully before you start to use the Website.
By using the Website or by clicking to accept or agree to the Terms of Use
when this option is made available to you, you accept and agree to be bound and
abide by these Terms of Use and our Privacy Policy, incorporated herein by
reference. If you do not want
to agree to these Terms of Use or the Privacy Policy, you must not access or
use the Website.
This Website is offered and available to users who are 18 years of age or older. By
using this Website, you represent and warrant that you are of legal age to form
a binding contract with the Company. If you do not meet all of these requirements,
you must not access or use the Website.
Changes to the Terms of Use
We may
revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them. Your
continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes.
You are expected to check this
page each time you access this Website so you are
aware of any changes, as they are binding on you.
Accessing the Website and Account
Security
We
reserve the right to withdraw or amend this Website, and any service or
material we provide on the Website, in our sole discretion without notice. We
will not be liable if for any reason all or any part of the Website is
unavailable at any time or for any period.
From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users,
including registered users.
You are responsible for:
-Making all arrangements necessary for you to have access to the Website.
-Ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.
To access the Website or any service or resource it offers, you may be asked to
provide certain registration details or other information. It is
a condition of your use of the Website that all the information you provide on
the Website is correct, current and complete.
You agree that all information
you provide to register with this Website or otherwise, including but not
limited to through the use of any interactive features on the Website, is
governed by our Privacy Policy, and you consent to all actions we take with
respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as
part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide
any other person with access to this Website or portions of it using your user name, password or other security information. You
agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You
also agree to ensure that you exit from your account at the end of each session. You
should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information. We have the
right to disable any user name, password or other identifier, whether chosen by
you or provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of these Terms of
Use.
Intellectual Property Rights
The
Website and its entire contents, features and functionality including but not
limited to all information, software, text, displays, images, video and audio,
and the design, selection and arrangement thereof, are owned by the Company,
its licensors or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret and other
intellectual property or proprietary rights laws. These Terms of Use permit you to use the
Website for your personal, non-commercial use only. You
must not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or transmit any of the
material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental
to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for
display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your
own personal, non-commercial use, and not for further reproduction,
publication, or distribution.
You may print or download one copy of articles, white papers, and other
information from the Website for your own personal, non-commercial use, and not
for further reproduction, publication, or distribution.
If we provide desktop, mobile or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end user
license agreement for such applications.
If we provide social media features with certain content, you may take such
actions as are enabled by such features.
You must not:
-Modify copies of any materials from this site.
-Use any illustrations, photographs, video or audio sequences or any graphics
separately from the accompanying text.
-Delete or alter any copyright, trademark or other proprietary rights notices
from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website
or any services or materials available through the Website. If you print, copy, modify, download or
otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will cease
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title or interest in or to the Website
or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by the Company.
Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark and other laws.
Trademarks
The
Company name, the Company logo, and all Company trademarks are trademarks owned
by the Company or its affiliates or licensors.
You must not use such marks
without the prior written permission of the Company. All
other names, logos, product and service names, designs and slogans on this
Website are the trademarks of their respective owners.
Prohibited Uses
You may
use the Website only for lawful purposes and in accordance with these Terms of
Use. You agree not to use the Website:
-In any way that violates any applicable federal, state, local or international
law or regulation including, without limitation, any laws regarding the export
of data or software to and from the US or other countries.
-For the purpose of exploiting, harming or attempting to exploit or harm minors
in any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.
-To transmit, or procure the sending of, any advertising or promotional
material without our prior written consent, including any “junk mail”, “chain
letter” or “spam” or any other similar solicitation.
-To impersonate or attempt to impersonate the Company, a Company employee,
another user or any other person or entity (including, without limitation, by
using e-mail addresses associated with any of the foregoing).
-To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the Company
or users of the Website or expose them to liability.
Additionally, you agree not to:
-Use the Website in any manner that could disable, overburden, damage, or
impair the site or interfere with any other party’s use of the Website,
including their ability to engage in real time activities through the Website.
-Use any robot, spider or other automatic device, process or means to access
the Website for any purpose, including monitoring or copying any of the
material on the Website.
-Use any manual process to monitor or copy any of the material on the Website
or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that
interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material
which is malicious or technologically harmful.
-Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website.
-Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
-Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The
Website may contain message boards, chat rooms, personal web pages or profiles,
forums, bulletin boards, and other interactive features (collectively, “Interactive
Services”) that allow users to post, submit, publish, display or transmit
to other users or other persons (hereinafter, “post”) content or
materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the
Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential
and non-proprietary. By providing any User Contribution on the
Website, you grant us and our affiliates and service providers, and each of
their and our respective licensees, successors and assigns the right to use,
reproduce, modify, perform, display, distribute and otherwise disclose to third
parties any such material for any purpose.
You represent and warrant that:
-You own or control all rights in and to the User Contributions and have the
right to grant the license granted above to us and our affiliates and service
providers, and each of their and our respective licensees, successors and
assigns.
-All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not the Company, have fully
responsibility for such content, including its legality, reliability, accuracy
and appropriateness. We are not
responsible, or liable to any third party, for the content or accuracy of any
User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have
the right to:
-Remove or refuse to post any User Contributions for any or no reason in our
sole discretion.
-Take any action with respect to any User Contribution that we deem necessary
or appropriate in our sole discretion, including if we believe that such User
Contribution violates the Terms of Use, including the Content Standards,
infringes any intellectual property right or other right of any person or
entity, threatens the personal safety of users of the Website or the public or
could create liability for the Company.
-Disclose your identity or other information about you to any third party who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
-Take appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website.
-Terminate or suspend your access to all or part of the Website for any or no
reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials on
or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND
ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES. However, we do not
undertake to review all material before it is posted on the Website,
and cannot ensure prompt removal of objectionable material after it has
been posted. Accordingly, we assume no liability for any
action or inaction regarding transmissions, communications or content provided
by any user or third party. We have no liability or responsibility to
anyone for performance or nonperformance of the activities described in this
section.
Content Standards
These
content standards apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety
comply with all applicable federal, state, local and international laws and
regulations. Without limiting the foregoing, User
Contributions must not:
-Contain any material which is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
-Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
-Infringe any patent, trademark, trade secret, copyright or other intellectual
property or other rights of any other person.
-Violate the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or criminal
liability under applicable laws or regulations or that otherwise may be in
conflict with these Terms of Use and our Privacy Policy.
-Be likely to deceive any person. Promote
any illegal activity, or advocate, promote or assist any unlawful act.
-Cause annoyance, inconvenience or needless anxiety or be likely to upset,
embarrass, alarm or annoy any other person.
-Impersonate any person, or misrepresent your identity
or affiliation with any person or organization.
-Involve commercial activities or sales, such as contests, sweepstakes and
other sales promotions, barter or advertising.
-Give the impression that they emanate from or are endorsed by us or any other
person or entity, if this is not the case.
Copyright Infringement
If you
believe that any User Contributions violate your copyright, please notify us
immediately. It is the policy of the Company to terminate
the user accounts of repeat infringers.
Reliance on Information Posted
The
information presented on or through the Website is made available solely for
general information purposes. We do not warrant the accuracy, completeness
or usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility
arising from any reliance placed on such materials by you or any other visitor
to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by
third parties, including materials provided by other users, bloggers and
third-party licensors, syndicators, aggregators and/or reporting services. All
statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by
the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any
third parties.
Changes to the Website
We may
update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of
the material on the Website may be out of date at any given time, and we are
under no obligation to update such material.
Information About You and Your Visits to
the Website
All
information we collect on this Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Online Transactions and Other Terms and
Conditions
All
services or information received through the Website or as a result of visits
made by you are governed by our Terms of Use.
Linking to the Website and Social Media
Features
You may
link to our homepage, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval
or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
-Link from your own or certain third-party websites to certain content on this
Website.
-Send e-mails or other communications with certain content, or links to certain
content, on this Website.
-Cause limited portions of content on this Website to be displayed or appear to
be displayed on your own or certain third-party websites.
Subject to the foregoing, you must not:
-Establish a link from any website that is not owned by you.
-Cause the Website or portions of it to be displayed, or appear to be displayed
by, for example, framing, deep linking or in-line linking, on any other site.
-Link to any part of the Website other than the homepage.
-Otherwise take any action with respect to the materials on this Website that
is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking
permission without notice. We may disable all or any social media
features and any links at any time without notice in our discretion.
Links from the Website
If the
Website contains links to other sites and resources provided by third parties,
these links are provided for your convenience only. This
includes links contained in advertisements, including banner advertisements and
sponsored links. We have no control over the contents of those
sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk and subject to the
terms and conditions of use for such websites.
Geographic Restrictions
The
owner of the Website is based in the state of Texas in the United States. We
provide this Website for use only by persons located in the United States. We
make no claims that the Website or any of its content is accessible or
appropriate outside of the United States.
Access to the Website may not be
legal by certain persons or in certain countries. If you
access the Website from outside the United States, you do so on your own
initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You
understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will be free of viruses or
other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED
WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS. THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO
EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE
WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You
agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors and
assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Terms of Use or your use of the
Website, including, but not limited to, your User Contributions, any use of the
Website’s content, services and products other than as expressly authorized in
these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All
matters relating to the Website and these Terms of Use and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of New Jersey without giving effect to any choice or
conflict of law provision or rule (whether of the State of New Jersey or any
other jurisdiction). Any legal suit,
action or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United
States or the courts of the State of New Jersey although we retain the right to
bring any suit, action or proceeding against you for breach of these Terms of
Use in your country of residence or any other relevant country. You
waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
Arbitration
At
Company’s sole discretion, it may require You to submit any disputes arising
from the use of these Terms of Use or the Website, including disputes arising
from or concerning their interpretation, violation, invalidity,
non-performance, or termination, to final and binding arbitration under the
Rules of Arbitration of the American Arbitration Association applying New Jersey
law.
Limitation on Time to File Claims
ANY
CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS
OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No
waiver of by the Company of any term or condition set forth in these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
a waiver of any other term or condition, and any failure of the Company to
assert a right or provision under these Terms of Use shall not constitute a
waiver of such right or provision. If
any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire Agreement
The
Terms of Use and our Privacy Policy constitute the sole and entire agreement
between you and Company with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Website.
Your Comments and Concerns
This
website is operated by Basic Networx Inc.
All notices, feedback, comments,
requests for technical support and other communications relating to the Website
should be directed to: info@basicnetworx. com.