Terms oF SERVICE
Welcome to Netix Solutions!
Thanks for using our products and services (“Services”). The Services are provided by Netix Solutions, LLC (“Netix Solutions”), whose mailing address is 1936 Bruce B Downs Blvd Suite 489, Wesley Chapel, Florida 33543, United States.
By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms, agreements, or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not ours. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some communications are mandatory.
You agree that Netix Solutions owns and holds all intellectual and other property rights and copyrights to the assembled work of the source code, programs, scripts, photos, layout, documents, graphics, and text produced by Netix Solutions (“Netix Solutions’s Intellectual Property”). You as a client agree that title, ownership, or interest in Netix Solutions’s Intellectual Property is not being transferred to Client and remains the property of Netix Solutions. Client agrees to make no claim of interest in Netix Solutions’s Intellectual Property. Netix Solutions agrees that Client owns and holds all intellectual and other property rights and copyrights of photos, documents, graphics, data, and text produced by Client (“Client’s Intellectual Property”). Netix Solutions agrees that title, ownership, or interest in Client’s Intellectual Property is not being transferred to Netix Solutions and remains the property of Client. Netix Solutions agrees to make no claim of interest in Client’s Intellectual Property.
These terms and conditions, together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
You may need a Netix Solutions Account in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator. You may be assigned an account and password in order to access certain services. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Netix Solutions of any unauthorized use of your password or account or any other breach of security. Netix Solutions cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Privacy and Copyright Protection
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Netix Solutions (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Netix Solutions gives you a personal, non-assignable and non-exclusive license to use the software provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these terms and any other agreements. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Netix Solutions may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Cancellation of Community Website Services
Community websites are a service that ceases to function when canceled.
There are no fees for cancelations. There may be fees associated with transfers or work needed to complete transfers of site content.
Cancelation may be performed at any time by a majority motion of the board of the community or an appointed designee. Netix Solutions may require proof of board approval of cancelation in certain cases.
When a community cancels a community website service (or when we cancel the service), the website will be placed in a static mode as described below. We will keep the static content on the website and publicly accesable for up to 90 days to allow the customer to copy any text or files they may need. The following will occur at the conclusion of the period:
The site will be moved to a “static mode” where theming, special features, and third party services embedded in the website will be disabled.
The admin logins of the administrators will no longer provide access to our backend systems and admins will be unable to make changes to the website.
The websites URL may change to a free URL (NetixSolutions.com/websites/communityname)
A message that the website is in “static mode” may be displayed on the website.
Any third party apps or integration will be disabled and may no longer function.
Any licensed scripts, themes, images, or other items will be removed and disabled.
The SSL Certificate Service will be canceled. This may cause connectivity errors for some users due to security requirements of modern browsers.
All backups will be discontinued.
Any CDN Services will be canceled resulting in slower than normal load times.
There may be a significant change to the visual appearance and layout of the site.
All forms and interactive elements may no longer function.
The customer has the right to request a copy of all files uploaded to the website’s server. Such files will be provided via a file transfer service or via an external drive (provided by the customer).
The customer has the right to request a transfer of the domain name to any compatible hosting provider. Any fees charged by the registrar for this transfer are the responsibility of the customer.
To protect our customers, licensing agreements, and our server’s integrity, Netix Solutions will not permit any backend access to our server, FTP, SSL, SSH, etc from any other entities. We also will not provide root access to the file system, nor will we provide “super admin” access to any CMS platforms. Moreover, a new website provider will not be permitted to copy or duplicate our internal files. All files owned by the community will be provided as outlined above.
The customer may have to option of continuing to pay for limited services such as SSL, Domain Name Registration, Basic Hosting, etc.
If the customer does not provide redirections instructions or complete a transfer of the domain within 30 days, Netix Solutions may redirect all traffic to our website.
The customer may request their old domain forward to a static maintenance or coming soon page.
There are no refunds for a period for which billing has already occurred.
If your account has been suspended for non-payment, outstanding amount will be added to the total if you purchase future services.
It is your responsibility to ensure that our billing emails are properly delivered to your mailbox and not blocked by your anti-spam software or other protection measures.
Community Website Agreement
All community websites are subject to the Community Website Agreement. Please visit http://www.netixsolutions.com/legal/community-website-agreement/ to view this section. This policy is incorporated by reference.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER NETIX SOLUTIONS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, NETIX SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NETIX SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, NETIX SOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Netix Solutions and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Any information, data, text, photos or content submitted for posting on our services will be considered non-confidential and non-proprietary and you warrant and represent that your submitted item is your own original work, that you alone own copyright, that it is an authentic and accurate depiction of the subject matter presented and that no other party has any right, title, claim or interest. Netix Solutions will have no obligations with respect to such submissions. Netix Solutions and its designees will be free to copy, disclose, distribute, reproduce, incorporate and otherwise use your submission.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Netix Solutions and you. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the State of Florida, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Pasco County, Florida, USA, and you and Netix Solutions consent to personal jurisdiction in those courts.
Should you have any questions, please contact us.