The following terms and conditions (the “Terms and Conditions”) govern the use of the on demand offering (the “Service”) developed, operated and maintained by NEXONIA TECHNOLOGIES INC. (“Nexonia”). Any use of the Service by an individual or entity (each, a “Customer”) is subject to the terms and conditions contained herein.
Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to, “frame” or “mirror” the Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
Customer shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized 2 access to the Service or its related systems or networks. All rights not expressly granted to Customer are reserved by Nexonia and its licensors.
Nexonia regularly monitors compliance with these measures. Nexonia shall not materially decrease the overall security of the Service during a Service Period.
The following provisions shall survive termination or expiration of this the Order Form and these Terms and Conditions: 4, 5, 6, 8, 9, 11, 12, 13, 14 and 16.
DISCLAIMER OF WARRANTIES.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 11 ABOVE, NEXONIA AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH THE SERVICE AND ANY OTHER SERVICES PROVIDED TO CUSTOMER. THIS DISCLAIMER SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY IMPLIED REPRESENTATIONS OR WARRANTIES, CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. NEXONIA AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT THAT THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. ADDITIONALLY, NEXONIA’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEXONIA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SAVE FOR WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICE IS PROVIDED “AS IS”.