Accessing the Service and Account Security
Users to Look to Authorizing Customer for Support
NetVoyage shall have no obligation to provide support to any User with respect to the Service. Users shall direct requests for support to the IT personnel or help desk of the Authorizing Customer and shall not contact NetVoyage directly to request Support. If NetVoyage directly or indirectly provides any support to a User, no standards of service or other duties shall govern such support.
Deletion of Documents upon Termination of Service
PRIOR TO THE TERMINATION OF THE AUTHORIZING CUSTOMER’S SERVICE AGREEMENT, IT IS THE OBLIGATION OF USER AND/OR AUTHORIZING CUSTOMER TO MAKE ANY REQUIRED COPIES OF DOCUMENTS AND DATA IN THE REPOSITORY OF THE AUTHORIZING CUSTOMER (“CUSTOMER DATA”, AND/OR TO TRANSITION SUCH CUSTOMER DATA ANOTHER DATABASE OR SERVICE. UNDER THE SERVICE AGREEMENT, AUTHORIZING CUSTOMER IS PERMITTED TO DELETE ALL CUSTOMER DATA, INCLUDING ANY DATA ADDED TO THE REPOSITORY BY YOU, IN ITS REPOSITORY AT ANY TIME. FOLLOWING THE TERMINATION OF THE SERVICE AGREEMENT (AND ANY TRANSITION PERIOD) DESCRIBED IN THE SERVICE AGREEMENT, NETVOYAGE IS AUTHORIZED TO DELETE ALL CUSTOMER DATA, INCLUDING ANY CUSTOMER DATA ADDED TO THE REPOSITORY BY YOU. NETVOYAGE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE CAUSED BY THE DELETION OF ALL CUSTOMER DATA OF THE AUTHORIZING CUSTOMER OR USER FROM THE SERVICE FOLLOWING THE TERMINATION OF THE SERVICE AGREEMENT (AND ANY TRANSITION PERIOD) OR FOR ANY DELETIONS OF CUSTOMER DATA BY THE AUTHORIZING CUSTOMER OR ANY OTHER USERS OF THE AUTHORIZING CUSTOMER.
Intellectual Property Rights
The marks NetDocuments®, NetVoyage® and all related names, logos, products and service names, designs and slogans are trademarks of NetVoyage or its affiliates or licensors. You must not use such marks without the prior written permission of NetVoyage. All other names, logos, product and service names, designs and slogans on this Service or the Website (the “Website”) are the trademarks of their respective owners.
• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• to impersonate or attempt to impersonate Net Voyage, a NetVoyage employee, another user or any other person or entity; and
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm NetVoyage or users of the Service or expose them to liability.Additionally, you agree not to:
• use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service;
• use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material from the Service;
• use any device, software or routine that interferes with the proper working of the Service;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored or the Website, or any server, computer or database connected to the Service;
• attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Service.
Legal Demand for Authorizing Customer and User Information
NetVoyage disclaims any interest in the Customer Data. NetVoyage may from time to time receive a subpoena, order from a court, tribunal or government entity with jurisdiction or other legally binding demand (collectively, a“Legal Demand”) to obtain access to or copies of Customer Data. Upon such receipt, NetVoyage will, unless prohibited by the terms of the Legal Demand or governing law, promptly provide written notice to the Authorizing Customer, not to any Users, of such Legal Demand. To the extent the Authorizing Customer does not eliminate the legal efficacy, by means of a successful motion to quash or other action of the Legal Demand, NetVoyage may comply with the Legal Demand. This paragraph is not intended to, and does not, create a duty on the part of NetVoyage to preserve Customer Data if there is threatened or pending litigation, which shall be the responsibility of the Authorizing Customer and the User. NETVOYAGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY NETVOYAGE’S PRODUCTION OF CUSTOMER DATA, OR ANY OTHER ACTION OF OMISSION, IN COMPLIANCE WITH THIS PARAGRAPH.
Reliance on Information Posted
The information presented on the Website or through the Service is made available solely for general information purposes. NetVoyage does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Changes to Website
NetVoyage may update the content on this Website from time to time in its discretion, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Service and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Service
NetVoyage is based in the state of Utah in the United States. NetVoyage provides the Service through this Website for use only by persons located in the United States. NetVoyage make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You acknowledge and agree that NetVoyage cannot and does not guarantee or warrant that files available for downloading from the Website or the Service, or any Customer Data, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NETVOYAGE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NETVOYAGE NOR ANY PERSON ASSOCIATED WITH NETVOYAGE MAKES ANY WARRANTY OR REPRESENTATION TO ANY USER WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER NETVOYAGE NOR ANYONE ASSOCIATED WITH NETVOYAGE REPRESENTS OR WARRANTS THAT THE SERVICE WILL BE RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF ANY USER. NETVOYAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimer of Liability
IN NO EVENT WILL NETVOYAGE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY WEBSITES ASSOCIATED WITH IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Designated Agent under 17 U.S.C. §512(c) Receiving Complaints and Infringement Claims
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is designated as NetVoyage’s agent for receiving complaints concerning this Website, including for purposes of receiving notification of any claims of intellectual property infringement: Legal Affairs Department
2500 W Executive Parkway Suite 350, Lehi, UT 84043, USA
The Service is powered by NetVoyage Corporation (dba NetDocuments), a Utah, USA corporation, located at 2500 W Executive Parkway Suite 350, Lehi, UT 84043, Phone 801.226.6882 (www.netdocuments.com). Answers to technical questions about the Service are found in Help which is accessed from within the Service. Any further questions should be submitted to the Authorizing Customer’s helpdesk. All NetDocuments Services are: Copyright © 1996 - 2010 NetVoyage Corporation d/b/a NetDocuments and are covered by U.S. Patent No. 6,182,080. All rights reserved.