Terms of Service

By accessing any web page contained within the Netkey, Inc. site, http://www.netkey.com (the "Site"), you agree to be legally bound and to abide by the terms set forth below:

PROPRIETARY RIGHTS

All information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) is the property of Netkey, Inc. ("Netkey") or its licensors and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of Netkey, Inc. and protected by U.S. and international copyright laws.

SUBJECT TO THESE TERMS AND CONDITIONS, NETKEY GRANTS YOU A LIMITED, NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO VIEW THE CONTENT ON THIS SITE. ANY OTHER USE, INCLUDING THE REPRODUCTION, COPYING, MODIFICATION, DISTRIBUTION, TRANSMISSION, REPUBLICATION, DISPLAY OR PERFORMANCE, OF THE CONTENT ON THIS SITE IS STRICTLY PROHIBITED.

The mark NETKEY® and other Netkey graphics, logos and service names are trademarks or service marks of Netkey. You are not granted any right to use Netkey's trademarks, service marks, logos, trade dress (including without limitation the layout of this site) or other marks and all such items shall remain the property of Netkey. All other trademarks, service marks, product names, and company names and logos appearing on the Site are the property of their respective owners.

DISCLAIMERS AND LIMITATION OF LIABILITY

Netkey makes every effort to insure the presentation of accurate and current information on this Site, but because of the dynamic nature of the Internet, Netkey makes no warranties or guarantees of the accuracy of the information presented on this Site. In addition, no oral advice or written information given by Netkey or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create a warranty; nor shall you rely on any such information or advice. You agree that use of this Site is at your sole risk. Neither Netkey, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like, warrant that the Content or this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, merchandise or software provided through this Site.

THIS SITE IS PROVIDED BY NETKEY ON AN "AS IS" BASIS. NETKEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NETKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TRADE USAGE AND NONFRINGEMENT.

NETKEY AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM THE USE OF OR THE INABILITY TO USE THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NETKEY'S RECORDS, PROGRAMS, OR SERVICES, EVEN IF NETKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, SOFTWARE AND SERVICES AVAILABLE THROUGH THE SITE.

This Site has links to other web sites which are not under the control of Netkey and Netkey neither endorses nor is it responsible for the accuracy or reliability of the Contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Furthermore, the mere presence of a link is not an implication of sponsorship, endorsement or affiliation. Under no circumstances shall Netkey, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a person's reliance on information obtained through Netkey or the Site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

EXPORT CONTROLS

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, without limitation, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

NETKEY'S RIGHTS

Netkey may elect to monitor areas of the Site electronically and may disclose any Content, records, or electronic communication of any kind (1) to satisfy any law, regulation, or government request, (2) if such disclosure is necessary or appropriate to operate Netkey or (3) to protect the rights or property of Netkey, its customers, sponsors, providers, or licensors.
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, Netkey may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from this Site.

Netkey reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful, whether to an individual, business entity, Netkey, or any rights of Netkey or any third party, or to violate any applicable law or these Terms and Conditions. Any conduct by you that, in Netkey's sole discretion, restricts or inhibits any other person from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Netkey may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another person, a sponsor, a licensor, a service provider or to us.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS SITE AND THESE TERMS AND CONDITIONS AT ANY TIME AND WITHOUT NOTICE TO YOU.

If Netkey removes any Content from this Site all licenses granted with respect to the removed Content are immediately terminated.

Netkey, Inc. reserves the right to cooperate fully with state, local, and federal officials in any investigation relating to any Content (including personal or private electronic communication transmitted on Netkey) or purported unlawful activities of any user.

MISCELLANEOUS

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of Connecticut without regard to its conflict of laws principles. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in state or federal court in New Haven county, Connecticut, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and Netkey regarding your relationship with Netkey and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS BY USING THE SITE.

COPYRIGHT NOTICE


© 2007, Netkey, Inc. All rights reserved.