This site is owned and operated by NST
SYSTEMS, INC. (NST) (referred to as "NST," "we," "us," or "our" herein). No
material from this site or any Web site owned, operated, licensed, or controlled
by NST may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial use only, provided you
keep intact all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation of NST's
copyright and other proprietary rights. For purposes of these terms, the use of
any such material on any other Web site or networked computer environment is
prohibited. The word SiteStation® is a registered trademark of NST Systems, Inc.
The words SiteStation® Enterprise, SiteStation® ASP are trade marks of NST
Systems, Inc. The names NST, and NST Systems are trade names proprietary to NST
Systems, Inc. All other trademarks and service marks on this site are the
property of their respective owners.
In the event that you download software
from the site, the software, including any files, images incorporated in or
generated by the software, and data accompanying the software (collectively, the
"Software"), are licensed to you by NST. NST does not transfer title to the
Software to you. You own the medium on which the Software is recorded, but NST
retains full and complete title to the Software itself, and all intellectual
property rights therein. You may not redistribute, sell, decompile,
reverse-engineer, disassemble, or otherwise reduce the Software to a
human-perceivable form.
HACKING AND
CRACKING
USE OF SECURITY SCANNING SOFTWARE,
EXCESSIVE LOGIN ATTEMPTS OR OTHER ATTEMPTS TO BREACH OR FIND VULNERABILITIES IN
THE SECURITY OF THIS HOSTING FACILITY ARE EXPRESSLY PROHIBITED. OTHER FORMS OF
ATTACK, INCLUDING VIRUSES, TROJAN HORSE PROGRAMS, DENIAL OF SERVICE ATTACKS IN
ANY FORM, EMAIL ATTACKS OR OTHER SUCH DISRUPTIVE ACTIVITIES SHALL BE VIEWED AS A
HOSTILE CRIMINAL ACT AND VIOLATION OF THE RIGHTS OF NST SYSTEMS, INC. IT SHALL
BE ASSUMED THE INTENTION OF SUCH ATTACKS IS TO DISRUPT THE BUSINESS OF NST, AND
SUCH ATTACKS SHALL BE PROSECUTED TO THE FULLEST EXTENT POSSIBLE UNDER THE
LAW.
SPAM AND EMAIL THREAT
POLICIES
Use of distribution lists via electronic mail or other mass
electronic mailings is subject to approval in writing by NST. Mass mailings from NST servers of an unsolicited nature
are strictly prohibited, and may result in immediate termination of services
without prior notice. NST actively filters inbound mail suspected as
"spam" or other email-borne threat, and we do not guaranty delivery of inbound
mail that might be identified as suspect.
SUBMISSIONS.
NST is pleased to hear from you and
welcomes your comments regarding NST products, including NST's online services.
If you send certain specific submissions (e.g., e-mail comments, postings to
discussion groups or demo areas) or any other creative materials including
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be deemed, and shall
remain, the property of NST. None of the Submissions shall be subject to any
obligation of confidence on the part of NST, and NST shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing, NST
shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
Submissions.
FORUMS AND PUBLIC COMMUNICATION.
"Forum" means a chat area, bulletin
board, Web form, content posting demonstration or e-mail function offered as
part of this site. You shall not upload to, distribute through, or otherwise
publish through this site any content that is illegally copied intellectual or
artistic property, libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise
objectionable that would constitute or encourage a criminal offense, violate the
rights of any party, or that would otherwise give rise to liability or violates
any law.
The Forums shall be used only in a
noncommercial manner. You shall not, without our express approval, distribute or
otherwise publish any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services. You specifically acknowledge
that soliciting other guests of this site to join or become members of any
commercial online service or other organization is expressly prohibited.
It is our policy to respect the privacy
of all guests. Therefore, in addition to the privacy of Registration data, we
will not monitor, edit, or disclose the contents of a guest's e-mail unless
required in the course of normal maintenance of this site and its systems or
unless required to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process served on
NST; (2) protect and defend the rights or property of NST; or (3) act in an
emergency to protect the personal safety of our guests or the public. Guests
shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or
submitting any materials to us, you automatically grant (or warrant that the
owner of such rights has expressly granted) us a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such materials
or incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you warrant that all
so-called moral rights in those materials have been waived.
JURISDICTIONAL ISSUES.
Unless otherwise specified, the
materials in the site are presented solely for the purpose of promoting
programs, services, and other products available in the United States, its
territories, possessions, and protectorates. This site is controlled and
operated by NST from its offices within the State of Connecticut, United States
of America. NST makes no representation that materials in the site are
appropriate or available for use in other locations. Those who choose to access
this site from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
TERMINATION.
These terms are effective until
terminated by either party. You may terminate these terms at any time by
destroying all materials obtained from any and all NST site(s) and all related
documentation and all copies and installations thereof, whether made under the
terms of these terms or otherwise. These terms will terminate immediately
without notice from NST if in NST's sole discretion you fail to comply with any
term or provision of these terms. Upon termination, you must destroy all
materials obtained from this site and any and all other NST site(s) and all
copies thereof, whether made under the terms of these terms or otherwise.
DISCLAIMER.
THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NST DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NST DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NST DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT NST) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL NST BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN
THIS SITE, EVEN IF NST OR A NST-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NST'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE] EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
OTHER.
These terms shall be governed by and
construed in accordance with the laws of the State of Connecticut, without
giving effect to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms shall be filed
only in the state or federal courts located in Fairfield County and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement between
us relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
NST Internet Service Policies
All fees are billed quarterly, and are due
in-advance by check; except those fees that are usage-based shall be billed at
the end of each month. The fees
charged to a Client shall be determined by the prices in written NST Sales
Quotations. NST reserves the right to change this Schedule from time
to time with 30 days notice, unless Client has paid in-advance for one year or
more of service (in which case Client shall have price protection). Any revised
fee schedule shall become effective thirty (30) days from the date of issuance.
During said thirty (30) day period the Client shall have the ability to
immediately terminate this Agreement by written notice to NST. NST shall not
be responsible for interruptions of service that are not caused by NST or its
negligence, and in the event NST is responsible for service interruptions the
sole remedy to Client shall be a pro-rata refund or credit issued to Client for
the amount of time affected by such service failure, if it exceeds one day per
month, or fails to meet overall 99% annual uptime. IN NO EVENT SHALL NST BE
LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER CHARACTERIZED
AS LOST PROFITS, LOST BUSINESS OR OTHERWISE, OR WHETHER SUCH LIABILITY ARISES
FROM A CLAIM BASED ON CONTRACT, WARRANTY, OMMISSION, NEGLIGENCE OR ANY OTHER
TORT. NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF NST ARISING IN ANY RESPECT
SHALL BE DIVISIBLE AND NOT EXCEED THE ACTUAL AMOUNT PAID BY CLIENT FOR THE
SPECIFIC PERIOD OF SERVICE WHICH IS THE SUBJECT OF ANY CLAIM
WHATSOEVER.
Site Services shall mean the NST Internet site and
ancillary services including but not limited to the Internet Server, Web Server,
FTP Server, E-Mail Server, and NST Site Maintenance Software as described on
NST’s WebSite, as may be amended and supplemented from time to time on this
page.
NST reserves the right to change, without notice,
the NST service, including, but not limited to, access locations, procedures,
commands, documentation, directory or file structures, vendors, and services
offered, so long as NST continues to provide equivalent or greater functionality
of services agreed upon herein. While NST shall make every reasonable effort to
protect and backup data for Client on a regular basis, NST is not responsible
for Client's files residing on NST servers. Client is solely responsible for
independent backup of data stored on NST servers. NST reserves the right, in its
sole discretion, to remove Clients files and information from its system within
fifteen (15) days after one or both parties terminates the agreement. NST may terminate services at its sole
discretion, for any reason, with fifteen (15) days notice, and if such notice is
given NST shall refund advance payment for unused service and shall cooperate
with Client in moving Clients Internet content to an alternate provider,
provided that all of Client’s payment obligations to NST through the termination
date are fulfilled.
NST reserves the right in its sole discretion to
remove from public view any information entered into NST servers by Client. NST
and its authorized representatives shall have the full right, but shall not be
obligated, to remove publicly viewable information. NST shall have the right to
use subcontractors to provide facilities or services, at its sole
discretion.
Due to the public nature of the Internet,
all information should be considered publicly accessible, and important or
private information should be treated carefully. NST is not liable for
protection or privacy of electronic mail or other information transferred
through the Internet or any other network NST or its Clients may utilize. Client
is solely responsible for decisions regarding content and security. NST does not censor its Client’s sites,
however NST reserves the right to refuse to support or host a site if it is
known that the site advocates violence, promotes ethnic/religious or societal
bias, contains sexually explicit content or that intentionally
publishes/distributes unlicensed copyrighted or trade-secret materials without
permission of the legal owners of such materials.
Use of distribution lists via electronic mail or
other mass electronic mailings is subject to approval in writing by NST.
CLIENT AGREES THAT ALL SOFTWARE PROGRAMS THAT ARE TO BE
RUN
ON AN NST SERVER SHALL BE PROPERLY LICENSED FROM THE
PROGRAM’S COPYRIGHT OWNER AND/OR PUBLISHER, AND SUBMITTED TO NST SYSTEMS, INC.
FOR TESTING PRIOR TO INSTALLATION ON NST’S PRODUCTION SERVER. NST shall test
such software to assure the compatibility of such Software in its server
environment, and to assure that other NST Clients will not be negatively
affected by the Software. Client agrees to pay NST at its then-current standard
billable rates for such testing, and NST agrees to provide a testing time and
rate estimate for client approval prior to commencing such work. In the event
such Software is compatible but utilizes significant server resources (memory,
CPU cycles, I/O, etc.) NST reserves the right to limit the use of such Software
or to allow the use of the Software subject to additional fees.
SiteStation® Hosting Services: All SiteStation® Software
and any Derivatives thereof remain the property of NST Systems, and no license
or other rights are granted or implied hereby, except the limited right to use
as set forth above. For the purposes of this Agreement, "Derivatives" shall be
defined as any translation, abridgment, revision or other form in which an
existing work or improvements thereon may be recast, transformed or adapted, and
new material derived from such material, including new material which may be
protected by copyright, patent and/or trade secret law.
This Agreement and the rights and obligations of the parties
hereunder shall be governed by and construed in accordance with the laws of the
State of
Connecticut applicable to contracts entered into and fully
performed therein. The parties hereby (i) agree that any litigation, action or
proceeding arising out of or relating to this Agreement be instituted in a state
or federal court in the State of Connecticut (ii) waive any objection which the
parties might have now or hereafter to the venue of any such litigation, action,
or proceeding, (iii) irrevocably submit to the jurisdiction of any such court in
any such litigation, action or proceedings and (iv) hereby waive any claim or
defense of inconvenient forum. For all purposes of this Agreement the parties
hereby submit to the venue and jurisdiction of the Courts in the State of
Connecticut, irrevocably consent to personal jurisdiction by such
courts, and further agree that service of process upon them may be effected
pursuant to Paragraph item (iv) above..
NST or its subcontractor maintains
control and any ownership of any and all IP numbers and addresses (and any
domain names not registered directly to Client with the Internic) that may be
assigned to Client and reserves in its sole and absolute discretion the right to
change or remove any and all IP numbers and addresses.
Acceptable Use Policy
for Hosted Customer Applications and/or for Collocation Services
NST
provides hosting services to various customers, which requires NST to be
responsible for protecting availability and security of the equipment and
software and information contained thereon for each of our customers. NST has
published this Acceptable Use Policy ("Policy") as part of its overall effort to
protect the privacy and security of our Customers and to comply with applicable
laws. All NST customers (each individually a "Customer"), resellers, and
alliance partners are responsible for reviewing and complying with this
Acceptable Use Policy. The Policy has been created to ensure security,
reliability, and privacy of NST’s systems and network and the systems and
networks (collectively, the "Network") of others and to avoid situations in
which NST may incur civil or criminal liability.
The Acceptable Use
Policy describes the type of use that is prohibited. NST may in its sole
discretion determine whether a use of the Network is a violation of this Policy.
To the extent NST is aware of a violation of this Policy, NST may take all
necessary action that it deems appropriate to address the violation.
The
Acceptable Use Policy is subject to change with notice by publication on the web
at http://www.NST.com/accepted. Customers are responsible for monitoring this
web site for changes.
The Acceptable Use Policy supplements but does not
supersede the contracts that customers have with NST. In the event the contract
further restricts a use of The Network that is not addressed in this Policy, the
contract will govern with respect to such use.
The following prohibited
uses described below are guidelines and are not intended to be
exhaustive:
General
Each
Customer is responsible for maintaining basic security of its systems from
improper use by others to violate this Policy. Abuse that occurs as a result of
Customer's improper security measures may result in suspension or termination
with or without notice at NST’s sole discretion. NST will not assume
responsibility or accountability for failures or breach of customer-imposed
protective measures, whether implied or actual. In addition, the Network and
NST’s services (the "Services") may be used for lawful purposes only. No
customer may use the Network or Services in a manner that could result in civil
or criminal liability for NST. The Customers may not use the Network or Services
in any manner which:
• Violates any applicable law, regulation, treaty or
tariff
• Violates the acceptable use policy of any networks, equipment,
services which are accessed through NST’s network
• Infringes on the
intellectual property rights of others
Illegal/Criminal
Activity
The Network may not be used in connection with
criminal or civil violations of state, federal, or international laws,
regulations, or other governmental requirements. Such violations include theft
or infringement of copyrights, trademarks, trade secrets, or other types of
intellectual property; fraud; forgery; theft or misappropriation of funds,
credit cards, or personal information; and threats of physical harm or
harassment.
Security
Violations
NST’s
network may not be used in connection with attempts, whether successful or not,
to violate the security of a network, service, or other system. Examples of
prohibitive activities include but not limited to hacking, cracking into,
monitoring, or using systems without authorization, scanning ports, conducting
denial of service attacks, and distributing viruses, worms, Trojans, and/or
other harmful software.
Spam
Spam
includes any of the following activities and is prohibited:
• Posting a
single message or messages similar in content, to more than three (3) online
forums or newsgroups
• Posting messages to online forums or newsgroups that
violates the rules of the forums or newsgroups
• Collecting the responses
from unsolicited mail
• Sending any unsolicited email that could be
expected, in NST’s discretion, to provoke complaints
• Sending email with
charity requests, petitions for signatures, or any chain mail related materials
• Sending unsolicited email without identifying in the email a clear and
easy means to be excluded from receiving additional email from the originator of
the email
• Sending email that does not accurately identify the sender, the
sender’s return address, and the email address of origin
• Using NST’S
facilities to violate another Internet Service Provider’s acceptable use policy
and/or terms of service
Threats
NST’s network may not be
used to transmit materials of a threatening nature, including threats of death
or physical harm, harassment, libel, and
defamation.
Offensive
Materials
NST’s
network may not be used for the distribution of offensive materials, including
obscene, pornographic - even if legal, indecent, and hateful materials or
merchandise.
Resellers
NST
resellers or customers who provide web hosting services to their own users must
abide by this Policy and must maintain valid postmaster and abuse addresses for
their domain to comply with applicable Internet standards and laws and maintain
accurate contact information to reasonably prevent violation of this
Policy.
NST’s
responsibilities
• NST
reserves the right to report any illegal activity to any and all regulatory,
administrative, and/or governmental authorities for prosecution
• NST will
cooperate with law enforcement agencies if criminal activity is suspected
•
NST reserves the right to check systems files, email, and other data on our
servers for illegal content and materials, or for any other reasons deemed
necessary
• NST may not monitor, control, or censor communications on its
network even if NST disagrees with the views expressed by the
customer
Consequences
Violation of this
Policy will result in the removal of the offending materials and temporary
suspension or permanent termination of service or other appropriate action
deemed necessary at sole discretion of NST. Whenever possible, NST will attempt
to give notice to its customers of any violation so that the customer may cure
voluntarily. However, NST reserve the right to take immediate action without
notice to customer when necessary as determined at NST’S sole discretion.
Violators may also be subject to civil or criminal liability under applicable
law.
Refunds or credits are not issued in connection with actions taken
for violation of this Policy.
Incident
Reporting
Any
complaints regarding violations of this Policy by a customer should be directed
to support@nstsystems.com
