NetCast Use Terms

These NetCast page Use Terms ("Use Terms") govern your access to and use of NetCast pages, including the NetCast page you are currently using. Netsense LLC a/k/a NetCast ("NetCast," "we" or "us"), provides NetCast registered users ("NetCast page Customers") with a set of web-based tools and services to help them get online and establish and maintain a marketing presence on third party-sites, including search sites, social networks, and messaging services in order to better interact with customers and prospects and monitor their reputation (collectively the "NetCast Offerings"). The NetCast Offerings, among other things, enable NetCast Customers to create and manage their own Web sites ("NetCast pages"). For purposes of these Use Terms, we refer to visitors to these NetCast pages as "NetCast page Visitors" or "you." BY VIEWING OR USING ALL OR ANY PART OF THE NETCAST PAGE, YOU AGREE TO BE BOUND BY THESE USE TERMS. IF YOU DO NOT AGREE TO THESE USE TERMS, THEN YOU MAY NOT ACCESS OR USE THE NETCAST PAGE.

1. Conduct

Cast page Visitors may not use any NetCast page to:

• violate any law or regulation;
• violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
• promote, post or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send or make unsolicited or unauthorized advertising or commercial communications, such as spam and telemarketing;
• transmit any malicious or unsolicited software;
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• stalk, harass, or harm another individual or business;
• impersonate any person or entity, or misrepresent affiliation with a person or entity;
• use any means to "harvest," "scrape," "crawl," "reverse engineer" or "spider" any Web pages or content contained in the NetCast page (although NetCast does allow operators of public search engines to use spiders to index some materials from the NetCast page for the sole purpose of creating publicly available searchable indices of the materials, and NetCast reserves the right to revoke these exceptions either generally or in specific cases);
• use automated methods to use the NetCast page in a manner that sends more requests to the NetCast page servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
• provide any false or misleading information on or through the NetCast page;
• interfere with or disrupt the NetCast page.

2. NetCast page Visitor Content

The NetCast page may enable NetCast page Visitors to post or share their own content. As amongst the NetCast page Visitor, NetCast page Customer, and NetCast, the NetCast page Visitor owns all of the content, including any text, images, logos, trademarks, service marks, promotional materials, product or service information, comments, reviews, photos, audio and video clips and other information, that they post or share using the NetCast page (referred to as "NetCast page Visitor Content"). Each NetCast page Visitor hereby grants to NetCast, its affiliates, and the NetCast page Customer who created and manages the particular NetCast page, a perpetual, irrevocable, license to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit their NetCast page Visitor Content in connection with the NetCast page. We may use NetCast page Visitor Content to advertise and promote NetCast, NetCast page Customer, and the NetCast page. Our license to NetCast page Visitor Content is non-exclusive, meaning NetCast page Visitors may use their NetCast page Visitor Content for their own purposes or let others use NetCast page Visitor Content for their purposes. Our license to NetCast page Visitor Content is fully-paid and royalty free, meaning we do not owe the NetCast page Visitors anything else in connection with our use of NetCast page Visitor Content. We may exercise our rights anywhere in the world. Finally, our license to display NetCast page Visitor Content shall last for so long as the particular NetCast page is available.

As a NetCast page Visitor, you promise that:

• you own all rights to your NetCast page Visitor Content or, alternatively, that you have the right to grant the rights and permissions described in these Use Terms;
• you have paid and will pay in full any fees or other payments that may be related to the use of your NetCast page Visitor Content; and
• Your NetCast page Visitor Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
• We may refuse to accept or transmit NetCast page Visitor Content. We may, but are not obligated to, remove NetCast page Visitor Content from the NetCast page for any reason.

3. Ownership; Restrictions

Other than NetCast page Visitor Content, we license (typically from the NetCast page Customer) or own the content on the NetCast page, including all software, text, and visual and audio content (collectively, "Our Content") and NetCast's trademarks, logos, and brand elements ("Our Marks"). NetCast page Visitors will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our Content. NetCast page Visitors agree not to modify Our Content in any manner or form, or to use modified versions of Our Content, including, without limitation, for the purpose of obtaining unauthorized access to the NetCast page. NetCast page Visitors agree not to access the NetCast page by any means other than through the interface that is provided by us for use in accessing the NetCast page.

4. Feedback
We welcome and appreciate feedback and suggestions. NetCast page Visitors understand that we cannot necessarily respond to or implement all feedback or suggestions, but if we do, NetCast page Visitors understand and agree that we may use them without compensation to the NetCast page Visitor.

5. Copyright and Intellectual Property

We respect the intellectual property rights of others. Upon proper notice, we will remove NetCast page Visitor Content or other applicable content from NetCast pages that violate copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the NetCast page;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.

Please send all of the above information to the our Agent for Notice by e-mail at websupport@getnetsense.com or by mail at Agent for Notice c/o Netsense, 40 Sharpe Drive, Unit 5, Cranston, RI 02920. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.

6. Privacy

NetCast respects the privacy of NetCast page Visitors. Our Privacy Policy explains how we collect, use, and disclose information about NetCast page Visitors and is incorporated by this reference in these Use Terms.

7. Links

NetCast pages may contain links to other Web sites, or allow others to send such links to NetCast page Visitors. A link to a third party's Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. NetCast page Visitors should always read the terms and conditions and privacy policy of a third-party Web site before using it.

8. Changes to NetCast pages

The NetCast page Customer who created and manages the NetCast page generally controls any changes to the NetCast page. NetCast page Customers may change or discontinue their NetCast pages at any time, with or without notice.

9. Termination

If you violate these Use Terms, your permission to use the NetCast page automatically terminates. We have the right to terminate, suspend, or restrict your access to the NetCast page, unilaterally and without notice, for any reason, including a violation of these Use Terms.

10. Disclaimer and Limitations on Our Liability

YOU USE THE NETCAST PAGE AT YOUR OWN RISK. THE NETCAST PAGE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NETSENSE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE NETCAST PAGE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).