Publication Date: 1999.04.01
You should carefully read the following terms and conditions before using this service. Your use and payment for our services constitute acceptance of this agreement. Your use of our service or software indicates your acceptance of this license agreement and warranty. NSA reserves the right to alter this Agreement at any time, for any reason.
One licensed copy of a e-commerce program(s)/website may reside on a NSA server or any other server, in use by a single web site. For each installed instance of a e-commerce program(s)/website, a separate license is required (this applies to non-English versions as well). If the license was leased, NSA will remove the e-commerece program(s)/website at the conclusion of the lease, unless you purchase a new, non-expiring, unrestricted license.
SOFTWARE MODIFICATION RESTRICTIONS
License owners may not alter or modify this e-commerce program(s)/website. NSA can make modifications and customizations for the licenseholder of course, but only for their own use. These modifications are the property of NSA and may not be transferred to or retained by the licensee. (unless you purchase a new, non-expiring, unrestricted license.).
Although license-holders may modify the code for their use, modified code may NOT be resold or distributed, without express written permission from NSA. This prohibition applies to both altered NSA code and any new code developed by license holders specifically for use with the program(s)/website
DISPLAY OF COPYRIGHT AND "NSA/Net5" NOTICES REQUIRED
All copyright notices used throughout the program(s)/website, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including "NSA/Net5" wording that appears in the HTML title, must remain visible to the human eye. Your acceptance of this agreement also permits NSA to list your program(s)/website in promotional materials and/or on our website, unless a special agreement is made prohibiting such use. NSA retains total control over its application program(s)/website code, including associated icons and graphics, as well as the NSA and program(s)/website logo and brand. This software license does not imply license to resell or redistribute any of those items without expressed permission.
Customer agrees to waive all right to trial by jury. Subject to this provision, customer agrees that any controvery, claim, dispute or disagreement arising out of, in connection with, or relating to the interpretation, negotiation, execution, collateralization, administration, repayment, modification, or extention of this agreement or an assigns thereof; any charge, cost, claim or damage or any alleged tort under this agreement shall be settled in accordance with commercial arbitration rules of the American Arbitration Association. Any disagreement as to whether a particular dispute or claim is subject to arbitration shall be decided by arbitration in accordance with the provisions stated herein. Commencement of litigation by any party entitled to demand arbitration under this agreement shall not waive any right that person has to demand arbitration with respect to any counter claim or any other claim that may be made against that party, whether in relating to, or arising out of such litigation, or otherwise. The arbitrators may award all remedies that a court could award. Judgement upon any reward rendered by the arbitrator in any such arbitration may be entered in any court having jurisdiction thereof. Any demand for arbitration under this agreement shall be made no later than the date when any judicial action upon the same matter would be barred by any applicable statute of limitation. Customer agrees to be responsible for their own attornies fees unless otherwise provided by applicable law. The local for any arbitration proceeding under this agreement shall be in the County of Santa Rosa, in the State of Florida. The arbitrators in any such arbitration shall establish such reasonable procedures as may be necessary for a reasonable exchange of information between the parties prior to such arbitration. Any arbitration under this paragraph shall be on an individual basis between the parties of this agreement and shall not be commenced as a member or representative of, or on behalf of a class of persons, it being the intention of all parties that there be no class action arbitration under this agreement. All parties of this agreement specifically acknowledge and agree that this agreement evidences a "transaction involving commerce" under the Federal Arbitration Act, and each party in this agreement hereby waives and relinquishes any right to claim otherwise. This arbitration provision shall be binding upon and will endure to the benefit of any assignee to this agreement.
RIGHT OF ASSIGNEE
You may not transfer or assign this agreement without our prior written consent. No renewal, extension, transfer of this agreement will release you from your obligations under this agreement. We may assign this agreement to anyone, if we do the assignee will have all of our rights under this agreement but will not have any of our liability to you under this agreement.
License, installation, hosting and support fees are none refundable. The customer has verified that his/her internal staff is capable of e-commerce administration requirements. The client may pay NSA to professionally train the users in the correct administration and operation of the e-commerce system. Such requests must be made in writing within 30 days of purchase. If the client fails to adhere to NSA policies and training advice or otherwise creates damage to the e-commerce system through their actions, knowingly or unknowingly, they accept all responsiblities and charges to have NSA repair or restore the system to functionality.
This agreement shall be governed by the laws of the State of Florida.
If the agreement is violated in any manner, the license may be revoked at the discretion of NSA, at any time. There are no refunds given for revoked licenses. Revocation of license is at the sole discretion of NSA.
DISCLAIMER OF WARRANTY
THIS E-COMMERCE SOFTWARE PROGRAM(S)/WEBSITE AND THE ACCOMPANYING FILES ARE LICENSED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
NSA is not liable for any conduct associated with program(s)/website, or for any damage caused using this program.
The user must assume the entire risk of using the program. ANY LIABILITY OF NSA WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE AMOUNT ACTUALLY PAID IN THAT CALANDER YEAR. Failure to work as directed, administer or pay for training in operation of the e-commerce program(s)/website is not a valid reason for requesting a refund of the license price, nor is failure to ensure that the program/site meets the user's requirements.
The license-holder is responsible for maintaining an intact copy of any program or website files they or third party may create . A valid unlimited, unrestricted license agreement and valid signed account agreement are required to obtain ftp access to the downloadable files. If Customers account is terminated or is delinquent, or expires, the Customer will not have access to ftp the original e-commerce program(s)/website files.
OWNERSHIP OF DOMAIN NAME AND WEBSITE CONTENTS
NSA is a managed internet presence provider. We will maintain and develop a website(s) for you and host them on our servers and network. This service is provided for a annual fee, plus set up charges. We register, create the content and own the domain(s). The contents and domains are transferrable for a fee.
Customer's property is considered to be all manuscript, art work, media, materials or supplies given to NSA. Customer's property is received and stored by NSA without any liability for loss or damage from loss, fire, water, theft, strikes, vandalism, Acts of God, or other causes beyond its control. NSA's liability for computer tapes or disks is limited to replacement with blank media. All property used in producing work will be considered dead and disposable 30 days after completion of work or termination of service unless subject to prior written agreement.
Any photos, artwork, graphics, code, etc. that NSA creates and develops is the property of NSA. The client licenses the use of those items unless agreed to previously in writing.
CUSTOMER SUPPLIED FILES AND ELECTRONIC ARTWORK
NSA is not responsible for customer supplied media, i.e. customer disks, printed material, etc. NSA is not responsible for accidental damage to supplied media or for the accuracy of customer supplied files. NSA makes no representation of its ability to interface, read or utilize customer supplied files and assumes no liability therefore. Any additional translating, editing or programming necessary to utilize customer supplied files will be charged at prevailing rates.