1. Acceptance
By using this Website, Nethru, you acknowledge and agreed to these TERMS OF SERVICE, and PRIVACY POLICY.
Nethru Service may contain links to third party websites that are not owned or controlled by Nethru. Nethru shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Please review these Terms and Conditions carefully before installation and/or acceptance.
If you choose to not agree with any of these terms, you may not use the Service.
2. Definitions
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
2.1 "Application" shall mean the self-contained Website, program and software provided by Nethru.
2.2 "Updates" may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. Nethru may elect to update the Application at any time.
2.3 "content(s)" means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
2.4 "Submitted Content(s)" means content(s) that Users have submitted, transmitted, or uploaded.
3. Intellectual Property Rights
You hereby acknowledge and agree that all copyright, database rights, trademarks, and other intellectual property rights of any kind in the Application together with the underlying software code are owned either directly by Nethru and/or its licensors. You further agree that the Application contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws.
You are solely responsible for any data, text, software, images, photographs, graphics, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service. Any drawings, images, photos, patterns, or designs ("Content") that you upload to Nethru through the Application must be your original works, public domain works, or you shall have obtained a license to use such work(s). Under no circumstances will Nethru be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. You understand and agree, that Nethru may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted by you from the Service.
4. Restrictions of Use
Your use of the Application is subject to all applicable laws and regulations, and you are solely responsible for your use of the Application. The following uses of the Application are expressly prohibited:
4.1 solely for your personal use and you are not permitted to resell or charge others for use of or access to the Service
4.2 Any use of the Application which in our sole discretion, degrades the reliability, speed, or operation of the Application or any underlying hardware or software thereof;
4.3 Any use of the Application which is unlawful or in violation of these Terms and Conditions;
4.4 Any use of automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of Nethru's websites, that accesses the Service in a manner that sends more request messages to the Nethru servers in a given period of time than a human can reasonably produce in the same period by using the Service;
4.5 Any use of your account to breach security of another account or attempt to gain unauthorized access to any portion of the Application to which you do not have access;
4.6 Any interference with anyone else's use and enjoyment of the Application;
4.7 Uploading any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
4.8 Uploading any content that you don't have the right to transmit under law (such as Infringing Material, including without limitation, copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
4.9 Uploading any proprietary or confidential information of your own or others
4.10 you will not attempt to reverse engineer, alter or modify any part of the Service and you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Nethru's prior written authorization;
4.11 You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
5. Termination
Nethru may, in its sole discretion, terminate or suspend your access at any time to all or part of the Application or the Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
Nethru shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
6. Availability
Nethru will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Nethru's reasonable control.
You acknowledge and agree that from time to time the Services and the Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which Nethru may undertake from time to time, service malfunctions and causes beyond the reasonable control of Nethru or which are not reasonably foreseeable by Nethru , including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
7. Disclaimers
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Nethru will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Nethru makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Nethru for death or personal injury as a result of the negligence of Nethru or that of its employees or agents.
8. Limitation of Liability
You acknowledge and agree that in no event shall Nethru be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of your use of or inability to use the Application or the Services, even if Nethru has been advised of the possibility of such damages.
Nethru is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
9. Indemnity
You agree to defend, indemnify and hold harmless Nethru, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys' fees, arising from or as a result of (i) you, or your employee's, agent's, or a third party's use of the Application or Services under these Terms and Conditions, (ii) any violation of law by you, your employees, or agents, or (iii) any Infringing Material that you provide to Nethru. This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Services.