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Terms of Use

The following Terms of Use are described in detail and comprise an agreement between net-Trac and its users (as defined below). 
      

ACCEPTANCE

BY READING AND ACCEPTING THIS DOCUMENT, YOU AGREE TO ABIDE BY THE TERMS OF USE AND ARE BOUND BY SAME.  If you do not wish to be bound by these Terms of Use, you may not use the net-Trac services or website.  Continued use of the net-Trac site or services after shall constitute acceptance of this document.
      

THE SERVICES

net-Trac's services ("Services") are supplied by net-Trac and shall be made available to members, guests, and authorized users (“User” or “Users”).  The Services shall be made available on the Internet through Users’ personal computers, or other access device, utilizing a communications connection (e.g., modem, telephone line). net-Trac is not an Internet Services Provider (ISP); therefore, Users shall be responsible for all charges associated with connecting to the Internet and for obtaining or providing all telephone access lines, telephone and computer equipment or other access device, necessary to access the Internet. 
      

FEES

Membership fees are due and payable as set up during the registration process.  If payment is not received in the full amount at the time it is due, net-Trac may immediately terminate the User’s account.  Alternatively, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to Users' bill and shall be due and payable. User shall be liable for all attorney and collection fees arising from efforts to collect any unpaid balance on Users' Account. net-Trac reserves the right to modify fees for Services at any time and said modified fees shall be posted and made available from the net-Trac home page and become effective upon thirty (30) days after the first posting.
      

USERS INFORMATION & PASSWORDS

User agrees to provide net-Trac with accurate, complete, and updated information regarding User’s legal name, address, telephone number(s), and applicable payment data and further agrees to notify net-Trac as soon as practicable of any changes.  Failure to do so may result in immediate suspension or termination of Services.  Users may be allowed to select a unique password and are responsible for maintaining the confidentiality of such password and liable for any harm resulting from their disclosure of or allowance of disclosure of any password.  net-Trac, shall, in its sole discretion, electronically monitor any public areas of the net-Trac website for adherence to the Terms of Use and reserves the right to disclose any communication to protect the rights or property of net-Trac and/or its Users, or to satisfy any law, regulation or authorized governmental request. 
net-Trac is a community comprised of Users from all over the world.  net-Trac has no editorial control of content published by its Users or any third parties.  Any and all content made available by Users or any third parties are those of the Users or third parties themselves and do not necessarily represent the views of net-Trac and net-Trac DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY of any such information.  net-Trac shall not, under any circumstance, be liable for any loss or damage caused by a Users' reliance on information obtained through net-Trac's Services.
      
Users may have opportunity to order and purchase merchandise or services from other Users of the Service; however, all such transactions are solely between Users.  net-Trac makes no warranties or representations whatsoever and each User does hereby release net-Trac from any and all liability or obligation with respect to any loss, cost, damage, or claim arising either directly or indirectly from such transactions, including those arising from any action or inaction of either party in such transactions.
      

PROTECTION OF INTELLECTUAL PROPERTY

User acknowledges that proprietary rights protect the Services, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Users have no right to copy or duplicate materials from the site, including without limitation any materials on the site. 

USE AND TERMINATION

We are an equal opportunity service provider and DO NOT DISCRIMINATE against anyone based on race, gender, age, creed, or otherwise, and we cannot and will not tolerate objectionable, unlawful, damaging, threatening, disparaging, harassing, slanderous, profane, hateful, racially, ethnically or otherwise objectionable material or behavior; therefore, net-Trac reserves the right to refuse Services to anyone for any reason indicated in this paragraph at any time, regardless of refusal prior to membership or after membership.  The misconduct by any User deemed by net-Trac to be imposing or restricting the use and enjoyment of any other User or any objectionable material, unlawful, damaging, threatening, disparaging, harassing, slanderous, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, is not acceptable and shall be grounds for termination of the User's use of the Services.  Further, any uploading of damaging or virus infected materials, whether known or unknown, shall be deemed grounds for immediate termination of membership.  net-Trac may terminate immediately without notice any User who misuses or fails to abide by the Terms of Use.  The termination of some users on the basis of this paragraph shall in no way be taken to indicate any endorsement by net-Trac of the actions or statements of other users/members whose use/membership is not similarly terminated.  User or net-Trac may terminate Membership at any time and for any reason or no reason. The only right a User has with respect to any dissatisfaction with any net-Trac Services, policies, guidelines, content, fees, etc. is to terminate use of the net-Trac Services.  User may terminate membership by delivering notice to net-Trac, and termination shall be effective the day net-Trac receives notification of termination or such specified future date as may be acceptable to net-Trac. Termination of Membership automatically terminates all Services immediately and User shall have no access to any Services after that time.  No paid amounts shall be refunded nor shall they be prorated for refund.
      

ASSUMPTION OF RISK AND RELEASE

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. NET-TRAC, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, DOES NOT WARRANT RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES. FURTHER, NET-TRAC DOES NOT GUARANTEE THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.  THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE.  NO ORAL INFORMATION BY NET-TRAC, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTIES, MERCHANTS, OR THE LIKE, SHALL CREATE A WARRANTY AND USER SHALL NOT RELY ON ANY SUCH INFORMATION.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NET-TRAC, ITS EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTIES, MERCHANTS, OR ANYONE ELSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF NET-TRAC, OR ITS EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, OR THE LIKE, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY USER TO NET-TRAC IN THE ONE (1) MONTH PRIOR TO THE CLAIMED INJURY OR DAMAGE. net-Trac makes no representation or warranties with respect to the accuracy or completeness of the contents of this site or the sites of any User and specifically disclaim any implied warranties of merchantability or fitness for any particular purpose.  No warranty may be created or extended by sales representatives or written sales materials.  The accuracy and completeness of the information provided anywhere on this site or any User site and the opinions stated are not guaranteed or warranted to produce any particular results, and any advice and/or strategies contained anywhere on this site or the sites of any User may not be suitable for every individual.  net-Trac shall not be liable for any loss or profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages. 
      

LEGALITY AND GOVERNING LAW

In the event that any portion of the Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Terms of Use shall remain in full force and effect.  The Terms of Use shall be governed by and construed in accordance with the laws of the State of Alabama, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Alabama. Titles and headings are included for readability and are not to be considered a part of this document.

MODIFICATIONS

net-Trac may modify the Terms of Use at any time by posting changes and making them accessible from the net-Trac home page.  The Terms of Use shall become effective immediately after posting.  If the modified Terms of Use are unacceptable to you, you have the option to terminate use of the net-Trac service; however, failure to discontinue use shall be deemed as your acceptance of any modifications of the Terms of Use.

COPYRIGHTS AND TRADEMARKS

net-Trac maintains a valid and existing copyright in the entire net-Trac website.  net-Trac, “’DESIGN, DEVELOP, DEPLOY’,” and the stylized arrow design are trademarks of net-Trac. Other marks used on this site may be trademarks of their respective owners.

NOTICE OF PROTECTION UNDER THE DMCA

net-Trac is committed to complying with U.S. copyright law and expects all end users and contributors who access or use our services to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under DMCA, copyright owners may notify the “authorized agent” of a service provider, such as net-Trac, to report alleged infringements of their works appearing on Web pages hosted by net-Trac. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, net-Trac will remove or block access to the allegedly infringing material. If a user of net-Trac’s services believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to net-Trac.  However, net-Trac hereby refuses to be a party to disputes over alleged copyright infringement. This information should not be construed as legal advice to a reader, but we are glad to provide the following information to you for informational purposes only. If you truly believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek immediate legal counsel. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to net-Trac’s designated agent, as defined on the legal notices section of the net-Trac website. Inquiries not relevant to the procedure will receive no response.

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