Last Updated: February 8, 2022
Welcome! Please carefully review the following Terms and Conditions of Use Agreement (these “Terms of Use”) as these Terms of Use govern your use of Netography.com and any other websites owned or controlled by Netography, Inc. and/or its affiliates (collectively, “Netography”, “we”, “us” or “our”) that link to these Terms (each, a “Site” and collectively, the “Sites”), together with any associated features, functionalities, user interfaces, downloads, applications and other online services (collectively with the Sites and all Netography Property (as defined below), the “Services”) which are owned or controlled by us, and any network security solutions, data analytics and other digital content, products, services, and materials that may be developed from time to time (collectively, “Content”) for you to view, purchase and/or download through the Services.
By clicking “I Accept” or otherwise accessing or using the Services, you signify that you have read and understand, and agree to be bound by, these Terms of Use, regardless of whether you are a registered user of the Services.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND ANY APPLICABLE NETOGRAPHY POLICIES, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE “DISPUTE RESOLUTION; BINDING ARBITRATION” SECTION, DO NOT ACCESS OR USE THE SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES.
If you have any questions regarding our Terms of Use, please contact us at [email protected].
CHANGES TO THESE TERMS OF USE OR THE SERVICES
Netography reserves the right in its sole discretion, to change, modify, add, or remove portions of these Terms of Use and the other Netography Policies at any time. If we make changes, we will post the amended Terms of Use to the Services and update the “Last Updated” date above. We may also attempt to notify you by other means, including by displaying a prominent notice within the Services, as applicable and as appropriate under the circumstances. Unless we say otherwise in our notice, the amended Terms of Use will be effective immediately upon posting and your continued access to and use of the Services or Content after the changes have been posted will constitute your acceptance of the changes. It is your responsibility to check these Terms of Use and the other Netography Policies periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the amended Terms of Use, you must stop accessing and using the Services and any Content made available through the Services.
Netography may, at any time and without notice, modify or discontinue the Services, or any portion thereof. You acknowledge and agree that Netography will have no obligation of any sort to you in connection with any such modification or discontinuance.
ADDITIONAL NETOGRAPHY POLICIES
In addition to these Terms of Use, you may be subject to additional policies, such as our Privacy Policy (collectively, the “Netography Policies”), that may be posted on the Services from time to time. All terms from such Netography Policies are hereby incorporated by reference. In the event of a conflict between these Terms and any Additional Terms, such Additional Terms shall control for the applicable Service.
OUR AGREEMENT
The information contained on the Services is of a general nature and is not tailored to your individual circumstances. Information on the Services is not intended as an offer or commitment to enter into an agreement with you. Netography reserves the right to refuse to provide our products and services to anyone at any time. In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of Netography products or related services offered by us. If there is any conflict between these Terms of Use and such other agreements, the other agreement will control with respect to the specific aspects of the Netography product or service to which it applies.
ELIGIBILITY
The Services are intended solely for users who are 18 years of age or older, and any registration by, use of, or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use.
By using the Services, you represent and warrant (i) that you are 18 or older, (ii) that you are legally qualified to enter into contracts under applicable law, and (iii) that you agree to, and to abide by, all of the terms and conditions of these Terms of Use. If you are accessing or using the Services or Content on behalf of another person or entity, you represent that you are authorized to accept these Terms of Use on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, or for any other reason, Netography may at any time in its sole discretion, with or without notice, (i) delete your account and any content or information that you have posted on the Services and/or (ii) prohibit you from using or accessing the Services. You agree that Netography will not be liable to you or any third party for any termination of your account.
ACCOUNTS AND ACCOUNT SECURITY
In order to access some or all of the Services, you may need to create an account with the Services. If you register for an account, you agree to provide accurate account information and promptly update this information if it changes. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity – and you agree not to sell, transfer, or assign your account or any account rights to any third party. You also agree to maintain the confidentiality of your username, password and other security-related identifiers. You are solely and fully responsible for all use of your account and for any actions that take place using your account or under your username and password. You agree to immediately notify us of any loss, theft, or unauthorized use of your password or account and of any other security breach relating to you. Netography will not be responsible to you or any third party for any losses or damages arising out of the unauthorized use of your account, and you agree to indemnify and hold harmless Netography and each of its respective officers, directors, employees, representatives, agents, successors and assigns (the “Netography Parties”), for any improper, unauthorized or illegal uses of your account.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Netography Policies, or any applicable law, then we may suspend or terminate your account.
LICENSE
Subject to your strict compliance with these Terms of Use and any Netography Policies, Netography grants to you a revocable, personal, non-exclusive, non-transferable, limited license to access and use the Services on supported devices for your personal, non-commercial use or internal business purposes only solely in accordance with these Terms of Use and any Netography Policies. Netography reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Services not specifically permitted under these Terms of Use is expressly prohibited. This license shall remain in effect until and unless terminated by you or Netography.
INTELLECTUAL PROPERTY
All materials, content and other items contained within the Services, including but not limited to, the Content, web pages, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, text, graphics, images, artwork, logos, icons, audio clips, and video clips (collectively, the “Service Content”), are owned or controlled by Netography or by third party content providers, merchants, sponsors and licensors, and all right, title and interest therein shall remain the property of Netography and/or such third parties. All Service Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized solely to view and retain a copy of the pages of the Services for your own personal, non-commercial or internal busines use. You may also view and make copies of relevant documents, pages, images or other materials on the Services for the purpose of transacting business with Netography. You agree that you will not duplicate, publish, frame, modify, edit, reproduce, sell, display, transmit, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use without the express written consent of Netography. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Services (or printed pages produced from the Services); or (ii) make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Netography. As a condition to your use of this Services, you warrant to Netography that you will not use our Services for any purpose that is unlawful or prohibited by these Terms of Use.
PROHIBITED CONDUCT
You are solely responsible for your conduct while accessing or using the Services.. Violations of system or network security may result in civil or criminal liability. You agree that you will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Reverse engineer any aspect of the Services or Service Content or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services or Service Content that you are not authorized to access;
- Copy, download, redistribute, reproduce, “rip”, record, transfer, display to the public, broadcast, or make available to the public any part of the Services or the Service Content, or otherwise make any use of the Services or the Service Content which is not expressly permitted under these Terms, any Netography Policies, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Service Content, or any part of it;
- Develop or use any third-party applications that interact with the Services or Service Content without our prior written consent, including any scripts designed to scrape or extract data from the Services or Content Services; or
- Bypass or ignore instructions contained in our robots.txt file, or equivalent restrictive technologies that control automated access to portions of the Services or Service Content.
THIRD PARTY WEBSITES
This Services may display, include, or make available content data, information, applications, plugins, or materials from third parties or contain links to third-party services and resources (all of the foregoing, “Third-Party Materials”), the availability and content of which Netography does not control. Any activities in which you engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the third-party web sites. Such Third-Party Materials are provided for your reference and convenience only. We are not responsible for examining or evaluating, and we do not warrant or endorse, any Third-Party Materials or third-party web sites. Netography does not assume any responsibility or liability for any Third-Party Materials or the actions, products, and content of any other third parties. Any concerns regarding any such Third-Party Materials should be directed to the particular outside service or resource.
UNSOLICITED FEEDBACK
Netography does not accept or consider unsolicited information, drawings, comments, suggestions, ideas, proposals, or concepts (collectively, “Unsolicited Feedback”). Netography requests that you do not submit any Unsolicited Feedback. However, by submitting Unsolicited Feedback to us on or through the Services, you hereby grant to Netography all right, title, and interest in and to such Unsolicited Feedback, including all intellectual property rights therein, including the right to use and incorporate, without any attribution or compensation to any party, such Unsolicited Feedback (including any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein) for any purpose whatsoever, although Netography is not required to use any Unsolicited Feedback. Except as prohibited by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Unsolicited Feedback, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
ELECTRONIC COMMUNICATIONS
When you visit the Services, register for an account or otherwise communicate with us electronically, such as via email, you consent to receive communications from us electronically to the extent permissible by law, including text messages, calls, and push notifications to the cellular telephone number you provide to us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to the Services, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. You may unsubscribe from future promotional emails by clicking on the opt-out/unsubscribe link and following the instructions contained in any of the automated emails that you receive from us. You are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you provided to us.
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. NETOGRAPHY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE NETOGRAPHY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NETOGRAPHY DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR OTHER THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES.
We reserve the right to modify, suspend, or stop providing access to all or a portion of the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
LIMITATION OF LIABILITY
NONE OF THE NETOGRAPHY PARTIES SHALL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THE NETOGRAPHY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN ANY NETOGRAPHY POLICY, TO THE FULLEST EXTENT OF APPLICABLE LAW, THE NETOGRAPHY PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES, OR ANY CONTENT SHALL BE LIMITED TO THE GREATER OF (A) $200 US DOLLARS AND (B) THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICES IN THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Netography Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
INDEMNITY
To the fullest extent permitted by applicable law, you will indemnify, defend (solely at Netography’s election) and hold harmless the Netography Parties from and against any and all losses, liabilities, damages, costs and expenses (including reasonable legal and accounting fees and costs) (collectively, “Damages”) incurred in connection with any third-party claim, demand, investigation, suit, or other proceeding (each, a “Claim”) arising out of or relating to (i) your access to or use of the Services or the Service Content, (ii) your breach or alleged breach of these Terms of Use or (iii) your Unsolicited Feedback and any other information that you submit to us, and the Netography Parties’ use thereof. You agree that the Netography Parties reserve the right to assume or participate through the counsel of their choice, at your expense, in the investigation, settlement and defense of any such Claim, and you agree to reasonably cooperate with the Netography Parties in defending such Claims, at Netography’s request.
DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Netography and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Netography seek to bring an individual action in small claims court located in the county of the complaining party’s place of business (or the county in which you reside, if you are an individual not representing a company) or disputes in which you or Netography seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Netography waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or the Services resolved in court.
Instead, all disputes arising out of or relating to these Terms of Use (and any Netography Policies, unless otherwise specified therein) or the Services will be resolved through confidential binding arbitration held either in Ann Arundel County, Maryland or the county in which you reside (if you’re an individual not representing a company) in accordance with the Streamlined Arbitration Rules and Procedures (the “Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Netography agree that any dispute between the parties arising out of or related to these Terms of Use (and any Netography Policies) or the Services is personal to you and Netography, will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Netography agree that these Terms of Use (and any Netography Policies) affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Each of you and Netography shall pay its own proportionate share of arbitrator fees and expenses plus fees and expenses of JAMS. You and Netography agree that the state or federal courts of the State of Maryland and the United States sitting in Ann Arundel County, Maryland have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms of Use (and any Netography Policies) or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Netography will not have the right to assert the claim.
EXPORT RESTRICTIONS
You acknowledge that the Services features and any software underlying such Services may be subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Services features, directly or indirectly, to: (i) any countries that are subject to U.S. export restrictions; (ii) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Services may include technical data subject to export and re-export restrictions imposed by U.S. law.
SEVERABILITY; ENTIRE AGREEMENT
Any failure by Netography to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use (and any Netography Policies) constitute the entire agreement between you and Netography with regard to your access to and use of the Services, and any and all other written or oral agreements or understandings previously existing between you and Netography with respect to such use are hereby superseded and cancelled.
GOVERNING LAW AND VENUE
These Terms of Use (and any Netography Policies) shall be governed by the laws of the State of Maryland without regard to its conflicts of law provisions. Any dispute between you and Netography that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Maryland and the United States, respectively, sitting in Ann Arundel County, Maryland.
RELATIONSHIP
Without limiting any other provision of these Terms of Use and except as otherwise provided herein, these Terms of Use create no agency, partnership, joint venture, or employee-employer relationship between you and Netography.
PRIVACY
At Netography, we respect the privacy of our users. Please review our Privacy Policy (which also governs your visit to our Services) to understand our practices. By using the Services, you consent to our collection and use of personal data as outlined therein. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send through the Services may be read or intercepted by others, notwithstanding Netography’s efforts to protect such transmissions.