TERMS OF SERVICE
You (“you” or the “User”) are about to register to view
a web site hosted by, and/or use other services provided or arranged by, NextNetwork
Solutions Inc. (“we” or “us”). We provide to associations,
their members, and the associations’ management companies web site hosting and
other online resources and services (collectively, the “Services”),
subject to the following terms and conditions and any rules, guidelines or policies
that may be published from time to time by us (collectively, the “Terms
of Service”). We may change or add to any or all of the Services at any
time without notice. We may refuse to provide the Services to any person or
entity in our sole discretion. We may cancel the Services with or without cause
at any time, including, without limitation, if any of the registration information
you provided is false or misleading, if you have violated these Terms of Service,
or if your association or its management company informs us that you are not
authorized to use any of the Services. Unless we state otherwise, any changes
or additions to any of the Services, will be subject to these Terms of Service.
These Terms of Service (including the rules, guidelines and policies incorporated
herein) may be changed from time to time by us without notice. By registering
to use or using this web site or any of the other Services, you agree to these
Terms of Service.
We do not provide hardware, software, equipment or systems to any User to
connect to or access the Internet, and all such hardware, software, equipment
and systems shall remain the sole responsibility of the User.
1. REGISTRATION AND PASSWORDS
By registering to use the Services, you represent to us and agree that (a)
you are 18 years of age or older, (b) a member in good standing of the association
whose web site or other Services you intend to use and/or are otherwise permitted
to access the web site or use the other Services for which you are registering,
and (c) you have provided to us and will maintain at all times with us accurate,
correct and complete information that may be requested by the registration forms
(the “Registration Data”). If we have reason to believe that
the Registration Data you have provided is not accurate or incomplete, we may
suspend or terminate your ability to use any or all of the Services. Your Registration
Data is subject to our Online Privacy Policy (see Section 3).
We attempt to protect the privacy and integrity of the Services by making
access to and use of the Services subject to the use of a password. When you
register to use the Services the first time, you will be given initial access
to the Services through a password. Thereafter, you and other authorized users
must use your password to access and use the Services. You should keep your
password confidential and not share your password with anyone. You will be fully
responsible for all activity that occurs under the use of your user name or
password. You agree to immediately notify us of any unauthorized use of your
user name or password by emailing us at support@nextnethosting.com.
2. CONDITIONS OF USE
You may use the Services only as long as you comply with rules, regulations
and guidelines (“Rules”) published by us from time to time. The Rules
are in addition to any other rules, regulations or guidelines that may be adopted
from time to time by your association or its management company. We may amend
or supplement the Rules from time to time in our sole discretion without prior
notice. Changes are effective upon posting, and we encourage you to frequently
review the Rules online for any changes. The Rules, as amended and supplemented
from time to time, are incorporated by reference into these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Services.
We do not in the ordinary course pre-screen or monitor content of the web
sites or public areas, nor on-line postings or other communications. However,
we reserve the right, but not the obligation, to determine in our sole discretion
what is and is not acceptable content on any web site or in any other communication
or posting made in connection with the Services, to limit placement of any content
on a web site or on any other area provided in connection with the Services,
to remove, alter or block access to any content immediately and without prior
notice, to determine in our sole and absolute discretion what is and is not
an appropriate conduct and use of any of the Services, and to cease providing
or bar access to any or all of the Services to any User at any time, for any
reason or for no reason, without prior notice. We reserve the right, but not
the obligation, to monitor and investigate complaints regarding any of the foregoing,
and you agree to cooperate fully with us in providing access and information
as may be requested at any time and from time to time. You agree that any reservation
of rights by us imposes no obligation of any kind on us to take any of the foregoing
actions.
Access to an association’s web site and other portions of the Services, including
content, is password protected. However, we do not warrant or guarantee the
integrity or security of the Services or the content, information or data transmitted
through or contained on any portion of the Services. Ultimately, the security
of any association’s web site, and of access to and of all content and data
located on, any web site, are the responsibility of each association, its management
company and/or the members of the association. Content and data on any web site
may be subject to loss, alteration, corruption or destruction, and we shall
have no responsibility therefore.
3. PRIVACY
Registration Data and other personally identifiable information about yourself
that you provide to us through the Services is subject to our Online Privacy
Policy. Our Online Privacy Policy may be amended or supplemented from time to
time by us in our sole discretion without prior notice. Changes are effective
upon posting, and we encourage you to frequently review the Online Privacy Policy
for any changes.
4. PROPRIETARY RIGHTS
Your association or its management company may permit you to submit additional
content to a web site to any “public areas” provided as part of the
Services, subject to these Terms of Service (including, without limitation,
the Rules). “Public areas” are areas where you may submit content
for viewing by others and where others may submit content for viewing by you,
such as news items, chat rooms or bulletin boards, whether or not access to
such areas is restricted. You are responsible for such content and for postings,
email and other communications transmitted or posted by you using the Services.
By creating, posting or submitting content on a web site or any public area,
or permitting others to do the same, you represent and warrant that the content
complies with these Terms of Service (including, without limitation, the Rules),
and grant to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free,
sub licensable (through multiple tiers) non-exclusive right and license to exercise
all rights with respect to the content submitted, created or posted in any public
area, and to cache, backup and otherwise use all such content, in order to provide
the Services. You agree that such caching, backup and other use is not an infringement
of any of your intellectual property rights or any third party’s intellectual
property rights.
You agree that we may preserve or disclose content if required to do so by
law or regulation or in the good faith belief that disclosure is reasonably
necessary to: (i) comply with legal process; (ii) enforce the Terms of Service;
(iii) respond to claims that any content violates the rights of third parties;
(iv) protect the rights, property, or personal safety of us, other Users or
the public; or (v) provide the Services.
5. THIRD PARTY DEALINGS
If you acquire goods or services from a third party, whether or not the goods
or services are used as part of or found through the Services, you agree that
your business dealings with that third party are solely between you and the
third party. We have no liability for any reason connected with such third party
or the goods or services acquired, including, without limitation, complaints
or claims concerning failure to perform, defects in goods or services or otherwise.
Links to other web sites or resources may be provided by us or third parties
as part of the Services. You agree that we have no control over such sites and
are not responsible for them. You also agree that we are not responsible for
any content, advertising, products or material on or available from such sites
or resources.
6. DISCLAIMERS AND LIMITATIONS
USE OF THE SERVICES AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION
WITH THE SERVICES, IS ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE”
BASIS. WE MAKE NO, AND HEREBY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES OR SUCH
PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE, YOUR ASSOCIATION,
THE ASSOCIATION’S MANAGEMENT COMPANY, NOR ANY OTHER PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES REPRESENTS OR WARRANTS
THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER PROPERTY THAT
ARE USED IN PROVIDING THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY, ARISING OUT
OF THE INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY CONTENT PROVIDED
TO ANY WEB SITE OR ANY PUBLIC AREA, THE DAMAGE, DESTRUCTION OR CORRUPTION OF
ANY CONTENT OR OTHER DATA, OR THE USE OR MISUSE OF, OR INABILITY TO USE, THE
SERVICES BY ANY PERSON OR ENTITY.
IN NO EVENT WILL WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DELIVERING ANY OF THE SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN NOTIFIED
OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS
IN THIS SECTION 8 MAY NOT APPLY TO YOU.
Under no circumstances will we be liable for failure or delay in connection
with the Services if the failure or delay is due to circumstances beyond our
control including, without limitation, acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of, interruption or delay in telecommunication
or third party services (including DNS propagation), failure of third party
software or hardware, or inability to obtain raw materials, supplies, or power
used in equipment needed for the provision of services.
You agree that any claim or cause of action which you may have arising out
of a claim related to these Terms of Service or the Services must be filed within
one (1) month after such claim or cause of action arises, or the claim or cause
of action will forever be barred.
7. INDEMNIFICATION
You agree to indemnify and hold harmless us and our parents, subsidiaries,
affiliates, officers, members, employees and representatives from any and all
claims, liability and expenses (including without limitation, reasonable attorneys
fees) arising out of or related to your use of the Services, your breach of
any provision of these Terms of Service, or any content posted or transmitted
by you through the use of the Services. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, which shall not excuse your indemnity obligations.
8. NOTICES
We may send notices by electronic mail, regular mail, courier or overnight
delivery to the electronic mail address, mailing address or delivery address
most recently provided. Notices will be effective upon transmission or delivery.
We may provide changes to the Terms of Service (including, without limitation,
the Rules and our Online Privacy Policy) by posting such changes on the Internet.
9. TRADEMARKS
The trademarks, service marks and logos shown on this web site (collectively,
the “Marks”), You may not use the Marks or third parties’ trademarks
without the prior written permission of the applicable party.
10. COPYRIGHTS AND INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. We will process and
investigate notices of alleged infringement of intellectual property rights
related to this web site or the Services, as provided by Digital Millennium
Copyright Act (“DMCA”), and will respond appropriately, as provided
by the DMCA. As appropriate, we will move expeditiously to remove or disable
access to material claimed to be infringing or claimed to be the subject of
infringing activity. We will terminate access to Users who are repeat infringers.
11. GENERAL PROVISIONS
These Terms of Service constitute the entire agreement between you and us
concerning your use of the Services and the relationship between you and us,
and supersede any prior or contemporaneous oral or written communications, representations
or understandings concerning the subject matter. You may be subject to additional
terms and conditions imposed by a separate agreement between Users, for example
a separate agreement between an association and its management company or between
members and their association or its management company. We are not bound by
or subject to any such agreements. In addition, we may have entered into separate
agreements with less than all Users, for example an agreement between us and
a management company. If you are not a party to any such agreement, then you
agree that you are not subject to it, are not entitled to enforce it, and are
not a third party beneficiary of it. You agree that you are not relying on any
representation, warranty, guarantee or statement of any kind or nature made
by us or anyone on our behalf except as set forth in these Terms of Service.
If any provision of the Terms of Service is held invalid or unenforceable, the
remaining provisions will remain in effect.
No waiver of any breach or failure or delay in exercising any right, power
or remedy of any provision of these Terms of Service shall constitute a waiver
of the same or any other provision hereof with respect to prior, concurrent
or subsequent occurrences and no waiver shall be effective unless made in writing
and signed by an authorized representative of the party against whom such waiver
is sought. These Terms of Service, and any dispute arising pursuant to these
Terms of Service, shall be governed by North Carolina law, exclusive of its
provisions regarding conflicts of law. Any action relating to these Terms of
Service must be brought in Raleigh, North Carolina, and both parties irrevocably
consent to the jurisdiction of the state and federal courts located in Raleigh,
North Carolina.
Titles and headings are included solely for convenient reference and are not
part of these Terms of Service. You may not assign any of your rights or obligations
(in whole or in part) without our prior written consent, which we may withhold,
in our sole discretion. We may assign our rights and obligations under these
Terms of Service without your prior written consent.
