1. About this document
2. Just what is Netscan?
Netscan is a browser based network diagnostic service that you can seamlessly embed into your product.
3. User Accounts
4. Our License Grant to You
We make our Service and Site available to you at our discretion. When you access our Site, Software or Service, we grant you a commercial, personal, non-exclusive, revocable, limited license to use our Site and use our Service. You acknowledge that we maintain all right, title, and interest to any Service offered through our Service. This means you cannot sell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service.
5. Your License Grant To Us
When you submit any Content to us, you grant Netscan and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through Netscan or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote Netscan, including putting it on cheesy dollar store trinkets that we resell for fifty bucks a pop. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.
If you reside in the EU or other countries that recognize unalienable moral rights, you grant us the broadest license that is legally allowed under the applicable law.
6. User Guidelines
When using our Service, you are responsible for your use of Netscan, and for any use of Netscan made using your device. You agree not to access, copy, or otherwise use Netscan, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Netscan. You agree not to use Netscan to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Netscan servers than a human (no androids allowed) can reasonably produce in the same period of time by using a conventional on-line web browser (except that Netscan grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You may not sell, lease, loan, distribute, transfer, or sublicense the Service or access to it;
- You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Service;
- You will not spam us or any other users or engage in fraudulent, unlawful, deceitful, or misleading marketing, mailing, or advertising practices—in other words, don’t be a meanie;
- You agree to use our Software only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Netscan for any criminal communications (no Assanges, Mannings, or Snowdens, please) or fraud;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Service or the Site;
- You will not collect or harvest any personally identifiable information, including account names, from the Service or Software;
- You will not access the Site or Service through any technology or means other than those provided or authorized by the Service, such as an electric toaster (though we’d be really impressed if you figured out a way to do that);
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our Software only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Netscan for any criminal communications or for transmitting any child pornography;
- You agree that you will not hold Netscan responsible for your use of our Site or any Services;
- You agree to provide truthful and accurate content;
- You will not use our Site or Software to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content; and
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Netscan reserves the right to suspend or terminate any account at any time without notice or explanation...
7. Modification of Service
We reserve the right to alter, update, or remove our Service or Software or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and, unlike a teenager who gets a bunch of piercings and tattoos without their parents’ permission, we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Software for security, legal or other purposes.
8. Service and Site Availability
We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Service will work as advertised, or that it will give you the desired results.
9. Service Disclaimer
Although we aim to provide you the best services, please be aware that our Service is offered “as-is.” You agree that any information provided may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that our Site or Service will assist you in your business or make your business more profitable. You agree to release us from any liability that we may have to in relation to your use of our Software and Service.
10. Compliance With All Laws and Regulations
Netscan is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service.
11. Intellectual Property Rights
The design of the Netscan Service along with Netscan created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Netscan, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Netscan reserves all rights not expressly granted by this Agreement in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
12. Payments and Billing
In order to begin using our Service, payment will be required. We may allow you to pay for our Service using your credit card or other payment methods. By using our Service agree that your credit may be charged the amount listed at the payment screen or in the Netscan Services Agreement. If you have any issue with any payments or problems with billing please contact us, care of Mr. Moneybags, at email@example.com. Your payment information may be shared with our third party payment processors to process payments.
13. Cancellation and Refunds
As we are a service based business we only grant refunds in specific cases. You may be eligible for a refund if you are unsatisfied with our Service. You will be only eligible for a refund of your most recent payment to Netscan. For further information please email us at firstname.lastname@example.org. Please be aware that all refunds are at our discretion and that all other payments are non-refundable. You may cancel the Service at any time. To cancel the Service please contact us at email@example.com. Please be aware that once service cancellation occurs, your account information stored on our Site and Service may be deleted or inaccessible. After you have cancelled our Service, you will not be eligible for the return or refund of any unused fees paid to Netscan.
You agree that you are solely responsible for paying any taxes, levies, major sports league fines, or fees associated with using our Site and Service. Although we may charge you taxes when using our Service, you agree that if we do not, you will pay any associated taxes, levies, or fees.
15. Representations and Warranties
OUR SITE AND SERVICE ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR SOFTWARE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, SERVICE, OR ANY SOFTWARE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING OR FREE OF TERMITES. WE DO NOT REPRESENT THAT YOU WILL RECEIVE ANY BENEFITS FROM USING OUR SERVICE OR EXPERIENCE MONETARY GAIN. AS OUR SERVICES COST MONEY IT IS POSSIBLE THAT YOU MAY LOSE MONEY WHILE USING OUR SERVICE FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. Netscan IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS PURCHASED THROUGH OUR SITE AND SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
16. Limitation of Liability
IN NO EVENT SHALL Curly Loop, Inc. , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, SOFTWARE, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, GIFT HORSES, SEA HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS, MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Netscan its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Netscan Site and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that any of your Content or actions through Netscan caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Netscan Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
18. Age Compliance
Netscan and its Services may only be used by persons 18 years and older. If you are under 18, you need to be at a minimum 13 years of age or older and have your parent’s permission. If you are under 13, go away immediately and play marbles or fight in the Civil War or whatever it is that kids do these days.
19. Choice of Law
This Agreement shall be governed by the laws in force in New York, not including the law of gravity, which we hear is overrated anyway. The offer and acceptance of this contract is deemed to have occurred in New York.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to New York.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, acts of dog, war, peace, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Netscan shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend our Service, your account, or the Software without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Although, your information may not be accessible we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion, including by taping them to a chicken and letting whoever catches it have the rights.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service. Seriously, don’t refuse to agree to the amendments or we’ll get a big roided up bouncer guy to throw you out of our part of the Interwebz.
27. Electronic Communications
The communications between you and Netscan use electronic means, whether you visit the Software, Site, or Service or send Netscan e-mails, or whether Netscan posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Netscan in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Netscan provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Updated: February 3, 2015