Terms of Service
By using the neartuit.com web site ("Service" or "Services") or any services of neartuit, ("neartuit"), provided by TerraTap Technologies Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service" or "Terms"). If you are entering into this agreement on behalf of a company, you represent that you have authority to bind such entity.
Account Terms
You must provide your name, a valid email address, and any other requested information in order to complete the signup process.
You are responsible for maintaining the security of your account and password. neartuit will not be liable for any damage as a result of your failure to comply with this security obligation.
You are responsible for all content posted and all activities that occur under your account. You are also responsible for all content that is posted by and all activities occurred under those who have accounts under your account.
You may not use the Service for any illegal or unauthorized purpose. You may not use the Service to, directly or indirectly, violate any laws in your jurisdiction.
Content Management System (CMS) Terms
The use of the CMS, including use of the CMS through a third-party product that accesses neartuit, is bound by this Terms of Service.
Excessively frequent requests to neartuit via the CMS may result in the temporary or permanent suspension of your account's access to the CMS. neartuit has sole discretion to determine excessive usage of the CMS. IN any case, neartuit will make a reasonable attempt via email to warn the account owner prior to suspension.
neartuit reserves the right to, temporarily or permanently, modify or discontinue, at any time, your access to the CMS (or any part thereof) with or without notice.
neartuit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, such as damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use of the CMS or third-party products that access data via the CMS.
All paid plans must provide and maintain valid payment information.
Payments are non-refundable. For monthly payment plans, the Service is billed in advance on a monthly basis.
When changing from a monthly billing cycle to a yearly billing cycle, neartuit will bill for a full year at the next monthly billing date.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered a proper cancellation. You can cancel your account at any time by using the cancel account feature.
If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.
All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
As its sole discretion, neartuit has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other neartuit service, for any reason at any time. Termination of the Service will result in the deactivation or deletion of your Account or denial of your access to your Account Upon termination, you will forfeit and relinquish all content in your Account.
neartuit reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
neartuit reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice by neartuit.
neartuit shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
Except granting a license to us to perform and promote neartuit's Service, you own your own content. we claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by publishing your site, agree to allow others to view your content. In any case, we will not enable 3rd party advertisement on your content without your permission.
neartuit does not pre-screen content, but neartuit and its designee have the right (but not the obligation), at their sole discretion, to refuse or remove any content that is available via the Service.
You shall defend neartuit against any claim, demand, suit or proceeding made or brought against neartuit by a third-party alleging that your content or your use of the Service infringes or misappropriates the intellectual property rights of a third-party or violates applicable law.
You shall also indemnify neartuit for any damages awarded against, and for reasonable attorney's fees incurred by, neartuit in connection with any claim, demand, suit or proceeding by a third-party alleging that your content or your use of the Service infringes or misappropriates the intellectual property rights of a third-party or violates applicable law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by neartuit.
You grant neartuit a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, modify, process, analyze, use, in any way solely for the purpose to enhance, to perform and to promote neartuit Service.
Notice
If neartuit makes any material changes to these Terms, we will notify you at least 14 days in advance by email or by posting a notice on our site before the changes are in effect. Any new features that expand or enhance the current Service shall be subject to the Terms of Service. Expansion or enhancements includes the release of new tools and resources. Your continued use of the Service after any such changes shall constitute your consent to such changes.
Violation
Violation of any of the Terms will result in the termination of your Account. While neartuit prohibits conduct and content in violation of the Terms of Service, you understand and agree that neartuit cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Other Conditions
Your use of the Service is at your own risk. The service is provided on an "as is" and "as available" basis.
Support for neartuit Services is only available in English and via email.
You must not modify, adapt, or "hack" the Service or modify another website so as to falsely imply that it is associated with the Service, neartuit, or any other services provided by neartuit.
You may use the neartuit pages static hosting service only as permitted and intended by neartuit to host your organization pages, personal pages, or project pages. You may not use neartuit pages static hosting service for any other purpose.
We may, but have no obligation to, remove content and Accounts containing content that we determine, at our sole discretion, are unlawful, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that neartuit uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Your verbal, physical, written or other abuse (including threats of abuse or retribution) of any neartuit customer, employee, member, or officer will result in immediate termination of your Account.
You understand that the technical processing and transmission of the Service and your content may be transferred unencrypted and may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You may not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by neartuit) of other neartuit customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
neartuit does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, timely, or error-free, (iii) the quality of any information, products, services, or other material purchased or obtained by you through the service will meet your expectations, (iv) the results that may be obtained from the use of the service will be accurate or reliable, or (v) any errors in the Service will be corrected.
The failure of neartuit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and neartuit and govern your use of the Service. The Terms of Service superseding any prior agreements between you and neartuit, including, but not limited to, any prior versions of the Terms of Service.
You expressly understand and agree that neartuit shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the service; (iv) statements or conduct of any third-party on the service; or (v) any other matter relating to the service. neartuit is not liable even if it has been advised of the possibility of such damages.
You agree that these Terms of Service and your use of the Service are governed under the Laws of the province of British Columbia, Canada and any dispute shall be adjudicated in the province of British Columbia, Canada.
neartuit may interact with law enforcement regarding your use of the neartuit Services. You acknowledge and agree that neartuit may make your information available to law enforcement. neartuit requires valid legal process, such as a subpoena, court order, or search warrant, in order to produce records of non-public user information to Canadian-based law enforcement. neartuit requires a search warrant issued under the procedures of the Federal Rules of Criminal Procedure or equivalent provincial warrant procedures to compel disclosure of the content of user communications.