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Terms of Use

Effective Date: October 5th, 2017

Last Updated Date: May 23th, 2018

1. Introduction

Please read this terms and conditions of use agreement (hereafter referred to as “Terms of Use”) carefully. By accessing and using the websites www.netshox.com and www.netshoxdemo.com (hereafter referred to as “Websites”), including making use of NETSHOX’s (“we”, “us”, “our”, or “NETSHOX”) services and resources available on these Websites, you represent that (a) you understand and agree to accept and be bound by the Terms of Use as stated in this policy, along with the terms and conditions stated in the “Privacy Policy” at our Websites, (b) you are of legal age to form a binding contract with a company at the Netherlands, (c) you are not barred from accessing our content, sending information to, transfer data, and receiving our services, under the laws of the Netherlands, or (d) you have the authority to accept and comply with the Terms of Use personally or on behalf of a company, i.e. when you represent that company or when that company wants you to register, and to bind that company to the terms of use. If you do not agree to any part of the Terms of Use or Privacy Policy or if you do not meet one of the conditions (a), (b), (c) or (d), please do not use the Website or services available on the Websites.

2. Changes and modifications

NETSHOX reserves the right to modify or make changes to the Terms of Use in its sole discretion at any time. If any changes are made to the Terms of Use, we will make a copy of the altered Terms of Use available at the Websites and we will modify the “Last updated” date at the top of this Terms of Use document. Modifications will become effective on the day that they are published. We will notify the modifications of the Terms of Use to the registered users (hereafter referred to as “User” or “Users”) through an email dispatch. The registered users are those who have registered an account on NETSHOX.com (hereafter referred to as “Account”) before the changes to the Terms of Use are made. If you do not agree to any of the Terms of Use modifications after receiving the email notice of these modifications, you will stop using our websites and/or services. Your continued use of our Websites and/or services after modifications of the Terms of Use become effective will constitute your acknowledgement and agreement of the modifications. It is your own responsibility to visit and review the Terms of Use regularly to ensure that you are aware of any modifications to the Terms of Use, as any updated Terms of Use will overrule all the previous versions.

3. Responsible use and conduct

NETSHOX’s Websites, services, products, resources, tools, information, videos, links and any other content available on NETSHOX’s Websites, services, and social media (hereafter referred to as “Resources”) will be used by you with prudence. You acknowledge and agree that you will use the Resources for the purposes stated as permitted by (a) the Terms of Use, (b) all applicable Dutch, European and international laws and regulations, including but not limited to copyright, intellectual property, privacy, and personal identity laws and regulations, and (c) generally accepted practices of online conduct and acceptable content.

You understand and agree that:

  1. you will not reproduce, produce derivatives, duplicate, copy, modify, publicly perform, publicly publish, publicly display, spread, transmit to the public or media, record, sell, trade, resell, sublicense, data mine, data harvest, data extract, data analyze, web scrape, reverse engineer, commercialize, interfere with, violate, disfigure, remove, harm and use or exploit in another way any Resources, except as permitted by the Terms of Use. Users that have purchased the course “Create a Website” may reproduce the website www.NETSHOXdemo.com for training purposes. If you do, you agree that you remove the reproduction up to 30 days after (i) the course is terminated, (ii) you have finished the course, (iii) your Account has become inactive up to 30 days, (iv) your Account or course access has been expired, or (v) your Account has been terminated by you or us.
  2. you will not make available any content that is illegal, inappropriate, vulgar, obscene, invasive, degrading, offensive, intimidating, threatening, hateful, provocative, promoting violence, tortious, harmful, hatred, harassing, abusive, discriminatory, racist, ethnically objectionable, sexist, pornographic, libelous, defamatory, infringing, incorrect, false, misleading, deceptive, or fraudulent to any individual or group.
  3. you will not publish, make available, post, remove, or transmit any content that infringes the rights of any person or entity, including but not limited to any copyright, privacy, publicity, patent, trademark, trade secret, or other proprietary rights. We are not responsible for any delay or failure in removing such content. If you make available any content through any of our Resources that we decide to remove, you agree to such removal, and agree to waive any accusation or claim against us.
  4. you will not introduce or transmit any hacks, virus, spyware, worm, spider, robot, cancel bot, automation software, denial-of-service attacks, Trojan horse, time bomb, flood pings, forged routing, packet or IP spoofing, Easter egg or any other computer code, file or program that may harm or is intended to damage or hijack the operation of any Resources, systems, servers, networks, software, hardware, passwords, affiliated links, social media or telecommunications equipment.
  5. you will not attempt to gain unauthorized access to the Resources, another person’s Account, or to the networks, servers or computers connected to the Resources by any means other than our User interface made available by NETSHOX, including but not limited to attempting to circumvent or modify any software, security, device or technology that is part of the Resources.
  6. you will not transmit spam, junk mail, surveys, pyramid schemes, promotional materials, advertisements, solicitations or any other unsolicited or unauthorized content.
  7. you will not use any Resources for any commercial purposes.
  8. you will not violate any applicable international, national, state, or local law or regulation.
  9. you will not impersonate any person or entity, including but not limited to any NETSHOX’s employees or representatives, or misrepresent your affiliation with a person or entity.
  10. you will not attempt to access any of our Resources by any means other than through the means we provide. You specifically agree not attempt to access any of the Resources through any unethical, unconventional or automated means.
  11. you will not embed or frame NETSHOX’s services to circumvent these services.
  12. you will not stalk or harass any other person, entity or User.
  13. you will not register for more than one Account or register for an Account on behalf of a person other than yourself.
  14. you will not give incorrect personal information to create an Account. You agree that any information that you provide will be correct and up to date.
  15. you are responsible for maintaining any login information associated with your Account to gain access to our Websites or services.
  16. you are responsible for all the activities that occur under your account.
  17. you will not use any Resources in any way that impacts User access.
  18. you will not solicit or disclose any personal information of another User.
  19. you will not encourage, assist or advocate any third party to carry out any of the preceding activities in this section.
  20. we have the right at our sole discretion to take out any content that we feel does not comply with these Terms of Use.
  21. NETSHOX does not assume liability for any content published or posted by you or any other third party User. On the other hand, any content published or posted by you that does not violate or infringe on any third party trademarks, copyright, or any other proprietary rights, becomes property of NETSHOX. In such event, we reserve the right of the worldwide, perpetual, irrevocable, royalty-free license to distribute, modify, adapt, publish, translate, reproduce and/or publicly display the content. This does not refer to any personal information that is provided during the registration process.
  22. you will indemnify and hold harmless NETSHOX and its employees, officers, directors, representatives, agents, subsidiaries, licensors, partners, suppliers, affiliates and advertisers (collectively “Company Parties”) from and against all damages, losses, expenses and costs, including but not limited to attorney fees, caused by any violation of these Terms of Use or by lack of fulfilling any obligations relating to your Account, caused by you or any other person or entity using your account. NETSHOX reserves the right to take over or handle the defense of any claim for which we are entitled to indemnification under these Terms of Use. In case this happens, you agree to cooperate with us as is requested by us.

4. Termination

4.1 Termination by NETSHOX

NETSHOX reserves the right, at our sole discretion, to modify, suspend, terminate or delete your access to all our Resources, including but not limited to your Account, for any reason with or without notice.

Such termination by NETSHOX may occur as follows;

(i) If you violate any of the Terms of Use, laws, regulations or any other applicable policy, we may immediately terminate your relationship and access to the Resources without notice. In such event, we do not assume any liability to you for any course or any other service you may have purchased. You acknowledge and agree that you will not get any compensation or refund for the loss of access to our Resources in such case, including but not limited to courses and any other services you may have purchased. You also agree that, after such event, you will not attempt to re-register to get access to any of the Resources in any way.

(ii) NETSHOX may terminate your access to the Resources, including but not limited to your Account, for any reason or no reason. Prior to such termination, we will notice you via an email dispatch. The refund is subject to and in accordance with the “Refund Policy”, which is set forth herein. 

4.2 Termination by you

You have the right to terminate the use of the service provided by us at any time. Any of the accrued rights to payments or refunds or warranties will survive such termination. As described in the “Refund Policy”, we will not grant any refund in such event.

Such termination by you may occur as follows;

(i) You may close your Account for all the services that you use by yourself.

(ii) You may notify NETSHOX at any time via email, in which you state that you want to close your Account. You understand and agree that this process may take some time and that we are not responsible for any delay or failure for the removal of your Account.

4.3 Effect of termination

After your Account and/or services are terminated, we reserve the right to delete or remove any information that is related to your account, including but not limited to personal, login, or account information. Therefore, you understand and agree that we may not be able to retrieve any content of a terminated Account. On the other hand, you agree that we may retain any content associated with your Account for any period of time for legitimate purposes and in accordance to applicable laws or regulations, including but not limited to your email address to promote our services or resources.

5. Privacy

We understand that your privacy may be of great importance to you. Therefore, we have created a separate “Privacy Policy” on our Websites according to the GDPR standards, in which we explain how we collect, process, story, secure and manage information that we may obtain from or about you when you use our Resources. This policy is included under the scope of the Terms of Use.

6. Registration

In order to access some particular aspects of the Resources, such  as purchasing a service or course, you are required to become an User by registering an Account. The registration information that you provide to us, will be collected and stored by us. You agree that we may promote our Resources, including but not limited to courses and services, to you through email dispatches. Further, you understand and agree that you are responsible for maintaining and updating your personal information of your Account.

7. Copyright and Trademarks

All content available on our Websites that is in connection with NETSHOX, including but not limited to graphics, images, videos, logos, text, tradenames and trademarks, are intellectual property of NETSHOX. They may not be used, unless specifically authorized by NETSHOX, and are protected by applicable copyright, trademark, and intellectual property laws and regulations. Other tradenames, trademarks or service marks that may appear on or in our Resources, including but not limited to our Website or services, are property of their respective owners. If you want to make a claim of copyright infringement, please contact us via support@netshox.com.

8. Limitation of Warranties

All our Resources, including but not limited to our Websites, services, courses and content, are provided “as is” and “as available”, with all faults and without warranties of any kind, either express or implied. You understand and agree that to the extent permitted by applicable laws and regulations, your use of our Resources or third party’s products, services or sites (including but not limited to recommended and linked third parties), is at your own discretion and risk. The Company Parties disclaim all warranties and representations of any kind, either express or implied, including but not limited to the implied warranties of non-infringement, fitness for a particular purpose, merchantability, title and accuracy, and course of usage or performance or trade.

Furthermore, you understand and agree that:

  1. the Company Parties do not represent or warrant to you that: (i) the use of our Resources will be uninterrupted, timely, secure or free from errors, (ii) any errors in the functionality or operation of any Resources that we may provide will be corrected or repaired, (iii) the Resources, submissions and servers on which the Resources are hosted, or any content or service available on a third party platform or site, will be free of viruses, malfunctions or other harmful components, (iv) the results, information and content that may be obtained from the use of our Resources will be up to date, accurate, or reliable, and (v) the use of any of our Resources will meet your requirements.
  2. any content downloaded or obtained through the use of our Resources is done at your own discretion and risk, and you will be solely responsible for any damage to your property, including but not limited to your computer or other devices that you use to access the Resources, or loss of data that may result from obtaining such content.
  3. our courses may contain outdated, inaccurate, or incorrect instructions due to internal (e.g. overlooked circumstances and mistakes) or external factors (e.g. operating systems, browsers, themes, plugins, widgets, and codes), that could cause differences between expected output and real output. In such event, we will not be obligated to provide renewed instructions. Moreover, you understand and agree that we will not provide refunds or compensations in such event (e.g. for any hindrance or interruption of the course progress).
  4. no advice, information, statement or opinion, whether oral, written, expressed or implied, obtained by you from NETSHOX or any of our Resources, will create any warranty, representation or condition of any kind, except for those expressly outlined in these Terms of Use.

9. Limitation of Liability

You understand and agree that none of the Company Parties are responsible or liable for any direct, indirect, consequential, incidental, punitive, special, exemplary or any other loss or damage to property or person in any event (including but not limited to loss of data, loss of profits, loss of revenue, loss of business or emotional distress) which may be incurred by you as a result of accessing or using our Resources, or as a result of any changes, codes, downtime, system outages, loss of access, data loss, corruption or cancellation to the full extent that applicable limitation of liability laws and regulations apply.

Furthermore, you understand and agree that:

  1. NETSHOX is not liable or responsible for the products, services, sites, plugins and behavior of any third party, including but not limited to recommended or linked third parties, as well as for any malfunctions, damages or costs that may arise by the use of their products, services, sites or plugins. Further, we are not responsible or liable if your account or website, that you registered at a third party, has been hacked, deleted or terminated. You are solely responsible for the use of third party’s products, services and sites, including but not limited to recommended and linked third parties.
  2. you are solely responsible for all service, data, telephony charges or other costs or fees that may arise by accessing or using our Resources, as well as for obtaining and maintaining all equipment, including but not limited to telephone and computer hardware or software, required for such use.
  3. none of the Company Parties are responsible or liable for misdelivery, timeliness, deletion or failure to save or store any content (including but not limited to user content or your content), personalization settings and user communications.
  4. we are not liable or responsible if our products or services do not meet your requirements or expectations. For example, we do not give instructions how to make logos or documents, how to find and edit images, how to exercise Search Engine Optimization (SEO), and how to increase website performance. Moreover, the course and the used theme and plugins have limitations (e.g. you will not get the knowledge to make anything you want). Moreover, you are solely responsible for reading, considering and evaluating the product and services descriptions. For instance, our course “Learn to make a website” only instructs you how to make the www.netshoxdemo.com website. In order to reproduce the website or make one yourself, you have to purchase a domain name and hosting package from a third party.
  5. you are solely responsible for your own business decisions, whether or not you base or rely that decision on Resources (e.g. information or content) provided by us. Any of the Resources that we provide are for informational and educational purposes only, and should be carefully considered and evaluated before making a business decision. If you base or rely your business decisions upon any of our Resources, you understand and agree that you do so at your own risk and that you are solely responsible for the consequences.
  6. you are solely responsible to comply with applicable legislation in the jurisdiction in which you are resident or domiciled.
  7. you are solely responsible to pay or take care of all necessary tax obligations, if applicable, when you purchase any products or services. If you need advice regarding tax and legal matters, you need to contact appropriate authorities or advisers in jurisdiction in which you are resident or domiciled.
  8. any claim against NETSHOX for all damages, losses, and causes of action will be limited to the amount that you paid to us in the preceding six months, if any, for the use of our products or service. If you have not paid NETSHOX any amounts in the subscription period, during which you first assert any such claim, we are not liable for the damages, losses, and causes of action, and you will not receive compensation in any event.
  9. multiple claims against NETSHOX will not increase the monetary damages limit stated in the Terms of Use.
  10. the limitations of damages stated in the Terms of Use or Privacy Policy, which is the fundamental basis of bargain between NETSHOX and you, will persist even if any remedy fails it essential purpose.

10. Purchases

If you purchase any of our products or services, you understand and agree that:

  1. you will pay the required fees for the products or services that you purchase.
  2. the payments will be made to NETSHOX.
  3. you are authorized to (i) make such payments, (ii) provide the required payment information (e.g. credit card information), and (iii) to purchase products and services from the Netherlands.
  4. you authorize us to charge your PayPal account or your credit card for the payment. If your credit card declines, you will pay us within 14 days after we notify you . We will charge 10% extra per month for late payments and will sustain the fine procedure as long as the law permits.
  5. if your payment fails in any way, we may collect payments owed via other payment methods, collection agencies or legal counsel. Moreover, we reserve the right to delete your account or access to any of our resources pending resolution of any payments.
  6. the price of any product or service is fixed, unless the price is subject to a discount.
  7. the price/payment of any product or service includes a Value Added Tax (VAT) of 21%, which is determined by the tax authorities of the Netherlands. The VAT for all customers in European Union will also be charged in the Netherlands.
  8. you will purchase a subscription, which grants you access to the specific course for two months.
  9. you are solely responsible to pay or take care of all necessary tax obligations, if applicable, when you purchase any of our products or services. All other tax issues, such as tax returns for companies, if any, will be handled through the appropriate tax authorities (e.g tax authorities of the Netherlands). If you need advice regarding tax and legal matters, you need to contact appropriate authorities or advisers in jurisdiction in which you are resident or domiciled.
  10. the currency of payments to us are US dollars. Your credit card provider may allow you to make payments with US dollars and may charge you a fee for the exchange. Moreover, PayPal allows you to exchange currencies, which may include paying a fee. You are solely responsible for all the extra costs associated with the purchase of our products or services. (e.g. charged by third parties).
  11. you comply with applicable legislation in the jurisdiction in which you are resident or domiciled.
  12. you want immediate access to our the purchased products or services.
  13. you will waive any cancellation rights of any applicable law.
  14. the purchased products and services are subject to the “Refund policy”.

11. Refund Policy

You understand and agree that:

  1. You will comply to a strict return policy of 14 days on all purchased products and services, which starts on the date of purchase (this may not be equal to the date of payment). This length of the refund period is determined due to the immediate accessibility of our products and/or services after a purchase. Once this refund period expires, refunds will no longer be granted in any event other than case “b” in this policy. In order to request a refund, please contact us via support@netshox.com.
  2. if we decide to terminate your Account, as described by case (ii) in section 4.1, we will provide a refund or warranty for the access lost to our courses or any other service that you may have purchased in the two months prior to the termination date. If we terminate your account, as described by case (i) in section 4.1, we will not provide any refunds.
  3. if you want to terminate your account yourself for any reason (section 4.2), we will not provide any refund.
  4. if you do not agree to accept our updated Terms of Use or Privacy Policy, we will not grant you any refund, and you will stop using all of our Resources in such event.
  5. if you are not satisfied with any of our Resources other than purchased products and services, your sole remedy is to stop accessing or using these Resources.
  6. if we believe, at our sole discretion, that you are violating or abusing our refund policy, we reserve the right to (i) terminate or suspend your Account, and (ii) restrict or refuse any current or future use of any of our Resources.

In order to request a refund, please contact us via support@netshox.com.

12. Governing Law

You understand and agree that (i) these Terms of Use and all matters relating to the use of our Resources, including but not limited to the purchases of any products and services through our Websites, will be governed by and are to be construed according to the laws of the Netherlands, without regard to the conflict of laws or regulations that provide the application of laws or regulations of another jurisdiction, (ii) any action or attempt to enforce the Terms of Use will be brought to the courts in the Netherlands, who have the exclusive jurisdiction to settle any conflict, dispute or claim, (iii) you agree to personal jurisdiction by the courts in the Netherlands, and you will irrevocably waive any venue, jurisdictional or inconvenient forum objections to those courts, (iv) since we are an European company, US and Canadian customers are allowed to use our Resources if, and only if, they are willing to follow our rules, Terms of Use and Privacy Policy, and Dutch and European laws, regulations, and jurisdiction.

13. Contact information

If you have any questions, please contact us via:

  1. Social media: www.facebook.com/netshox or www.twitter.com/netshoxNL
  2. Email: support@netshox.com
  3. Mail: NETSHOX, Doelstraat 3, 5101 PA Dongen, Netherlands
  4. Other: KVK 69618585 and BTW-ID NL209814950B01

If you have any complaints, please contact us by the latter contact details or by contacting https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

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