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Network-Monitoring.com ("Network-Monitoring") site including the
Network-Monitoring home page, content, and Sub-domains subject to your
compliance with the Terms and Conditions below. PLEASE READ THIS BEFORE
ACCESSING THE SPY SOFTWARE SITE. BY ACCESSING THE Network-Monitoring SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SPY SOFTWARE
SITE.
1. Rules. Whilst accessing the Network-Monitoring site, you may not: post,
transmit or otherwise distribute information constituting or encouraging conduct
that would constitute a criminal offense or give rise to civil liability, or
otherwise use the Network-Monitoring Site in a manner which is contrary to law
or would serve to restrict or inhibit any other user from using or enjoying the
Network-Monitoring Site or the Internet; post or transmit any information or
software which contains a virus, cancelbot, trojan horse, worm or other harmful
or disruptive component; upload, post, publish, transmit, reproduce, or
distribute in any way, information, software or other material obtained through
the Network-Monitoring Site which is protected by copyright, or other
intellectual property right, or derivative works with respect hereto, without
obtaining permission of the copyright owner or rightholder.
2. Monitoring. Network-Monitoring.com has the right to monitor the
Network-Monitoring Site electronically from time to time and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate the Network-Monitoring Site properly, or to protect itself
or its subscribers. Network-Monitoring.com will not intentionally monitor or
disclose any private electronic-mail message unless required by law. Network-Monitoring.com
reserves the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement.
3. Privacy. Network-Monitoring.com cannot ensure or guarantee privacy for
Network-Monitoring users. It is therefore recommended that this service not be
used for the transmission of confidential information. Any such use shall be at
the sole risk of the user, and Network-Monitoring.com and its affiliate and
related companies shall be relieved of all liability in connection therewith.
4. Limitation of Liability. Network-Monitoring.com takes no responsibility for
the accuracy or validity of any claims or statements contained in the documents
and related graphics on the Network-Monitoring Site. Further, Network-Monitoring.com
makes no representations about the suitability of any of the information
contained in software programs, documents and related graphics on the
Network-Monitoring Site for any purpose. All such software programs, documents
and related graphics are provided without warranty of any kind. In no event
shall Network-Monitoring.com be liable for any damages whatsoever, including
special, indirect or consequential damages, arising out of or in connection with
the use or performance of information available from the service.
5. Recourse. If you are dissatisfied with the Network-Monitoring Site or with
any terms, conditions, rules, policies, guidelines, or practices of Network-Monitoring.com
in operating the Network-Monitoring Site, your sole and exclusive remedy is to
discontinue using the Network-Monitoring Site.
6. Confidential Information. You authorize Network-Monitoring.com to collect
from any party and to retain all relevant information relating to your use of
the Network-Monitoring Site, and you hereby authorize any party to provide us
with such information. You understand and agree that unless you notify Network-Monitoring.com
to the contrary by e-mailing us, you further authorize Net-Trace to disclose, on
a confidential basis, to any party with whom Network-Monitoring.com has business
relations all relevant information relating to your dealings with us and the
Network-Monitoring Site.
7. Indemnity. You agree to defend, indemnify and hold Network-Monitoring.com and
its affiliate and related companies harmless from any and all liabilities, costs
and expenses, including reasonable attorneys' fees, related to any Violation of
this Agreement by you or users of your account, or in connection with the use of
the Employee-Monitoring Site or the Internet or the placement or transmission of
any message, information, software or other materials on the Network-Monitoring
Site or on the Internet by you or users of your account.
8. Miscellaneous. This Agreement, including any and all documents referenced
herein, constitute the entire agreement between Network-Monitoring.com and you
pertaining to the subject matter hereof. Network-Monitoring.com's failure to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provisions or right. If any of the
provisions contained in this Agreement be determined to be void, invalid or
otherwise unenforceable by a court of competent jurisdiction, such determination
shall not affect the remaining provisions contained herein. This Agreement shall
be governed by and construed in accordance with the laws of the state of Ohio
and the federal laws of the United States applicable therein.
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