Terms of Service


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You") and Network Commander. By using the https://networkcommander.com/ ("Site") website, sub-domains and/or data, You acknowledge that You have read, understand, and agree to be bound by all the terms and conditions of this Agreement, along with any new, different, or additional terms, conditions, or policies which Network Commander may establish from time to time. IF YOU DO NOT AGREE WITH ALL TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You agree that Network Commander may modify this Agreement from time to time. For the most current version of this agreement, refer to Network Commander's website. Network Commander may also discontinue services it provides under this Agreement. You agree to be bound by any changes Network Commander may reasonably make to this Agreement when such changes become effective.


1. FEES
As consideration for the services purchased by You and provided to You by Network Commander, You agree to pay Network Commander a monthly fee. Your monthly billing date will be on the 1st of each month. Payment is due by the 15th or it will be considered late. Payment is to be made by You providing a valid credit card payment via our third party service provider Stripe. As we provide all services and data in good faith, all payments are nonrefundable. If for any reason Network Commander is unable to charge your credit card with the full amount of the service provided, or if Network Commander is charged back for any fee it previously charged to the credit card You provided, You agree that Network Commander may pursue all available remedies in order to obtain payment.

You agree that You will be responsible for cancelling any automatic payments to Network Commander should you desire to terminate Your use of Network Commander's services. In the absence of notification from You, Network Commander will automatically continue services indefinitely and will bill your or charge your credit card You have on file with Network Commander at Network Commander's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. Contact our support if you need assistance with stopping services and discontinuing automatic payments.


2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as Network Commander is providing services to You.

You agree that Network Commander may modify this Agreement from time to time. For the most current version of this agreement, refer to Network Commander's website. Network Commander may also discontinue services it provides under this Agreement. You agree to be bound by any changes Network Commander may reasonably make to this Agreement when such changes become effective. Any cancellation of services requires a 3 month notice. If notice is not given 1 month prior to renewal, services will automaticaly renew for an additional year under the same terms of agreement. If pricing changes are required due to inflation or other service cost increases, 3 months advanced notice will be provide to you (all impacted customers).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.


3. DESCRIPTION OF SERVICE
Network Commander currently provides data collection, tech support, various custom services, product procurement, software sales, and management services to its customers for a monthly fee. By using our services, You abide by the terms and conditions set forth herein and in each of Network Commander's policies and procedures. You are responsible for ensuring that Your personal profile conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Network Commander. Both You and Network Commander acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Network Commander can make no guarantee that any given visitor shall be able to access Network Commander's server at any given time.

Network Commander shall make ever effort to ensure all data is complete and current.

Network Commander makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Network Commander also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data or profits resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of You. Use of any information obtained by way of Network Commander is at Your own risk, and Network Commander specifically denies any responsibility for the accuracy or quality of information obtained through its services.


4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information in the application process and that You will notify Network Commander within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Network Commander to determine the validity of information provided by You, will constitute a material breach of this Agreement.

You are be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. Each account may be used by a single user. The only exception is the use of the website by two people in within one household. We do monitor activity and do track IP addresses used by each user. We reserve the right to terminate an account without refund if we believe access is being shared with other non-familial users and determine this is causing a security issue or breach in terms of service for custom services.

If You provide any information that is inaccurate, not current, false, misleading, incomplete, or if Network Commander has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, malicious, criminal, or incomplete, Network Commander has the absolute right, in its sole discretion, to terminate all services and close Your account. We reserve the right to modify, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, trying to impersonate a known user from another platform, or is otherwise objectionable.

You agree to access all data provide by Network Commander on the Network Commander website or mobile app. Any attempt to scrape data from the website will result in the closure of your account and blocking of your IP address. By using Network Commander's services, You agree to not access the Site through automated or non-human means, whether through a bot, script, or otherwise. Photos, images, and screen captures may be used in personal posts on social media and communications with others as long as they are not used in a negative or harmful manner. Photos, images, and screen captures may not be used on competing websites, videos, social media, or email marketing.

You are responsible for and must provide all telephone, computer, hardware, and software equipment and services necessary to access Network Commander's servers. Network Commander makes no representations, warranties, or assurances that Your equipment will be compatible with Network Commander servers.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If You choose to access the Site from other locations, You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


5. Network Commander's Rights
Network Commander explicitly reserves the right and sole discretion to: a. Censor any web user on our servers that, in Network Commander's sole discretion, is deemed inappropriate; b. Review every account for excessive IP address changes, usage of space, or bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your service for improper use items in Section 4; nonpayment of monthly fees; and other activities whether lawful or unlawful that Network Commander determines to be harmful to its other customers, operations, or reputation; e. Terminate Your service if the contents of Your profile result in, or are the subject of, legal action or threatened legal action, against Network Commander or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

You agree to indemnify and hold harmless Network Commander for any complications arising out of Your use of Network Commander's services, including actions Network Commander chooses to take to remedy Your improper or illegal use of the Network Commander services. You agree You will not be entitled to a refund of any fees paid to Network Commander if, for any reason, Network Commander takes corrective action with respect to Your improper or illegal use of its services.

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use, take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities, and in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


6. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, Network Commander is our proprietary property and all source code, databases, functionality, software, website and other designs, audio, video, text, photographs, layouts and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to Network Commander, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. All Content is provided on the Site “AS IS” for personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted, distributed, sold, resold, licensed, or otherwise exploited for any commercial or for-profit purpose whatsoever, without our express prior written permission.


7. PROHIBITED ACTIVITES
You may not access or use Network Commander.com for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user or visitor of the Site, you agree not to:


8. USER GENERATED CONTRIBUTIONS
The Site may offer an opportunity for users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This content includes, but is not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites with our permission. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these


Terms of Use.


9. CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. This includes comments, questions, suggestions, ideas, feedback, or other information submitted via a web form, email, or social media channels. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


10. DISPUTE RESOLUTION POLICY
You agree to be bound by Network Commander's current Dispute Resolution Policy.

You agree that if a dispute arises as a result of any services Network Commander is providing You, You will indemnify, defend and hold Network Commander and all employees, clients, and agents harmless for damages arising out of such dispute. You also agree that if Network Commander is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding services or content provided by Network Commander, that Network Commander, in its sole discretion, may take whatever action Network Commander deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.


11. LIMITATION OF LIABILITY
You agree that Network Commander's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Network Commander to You under this Agreement, and for any breach of this Agreement by Network Commander, shall be limited to the fees You paid to Network Commander for services. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of a domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.


12. INDEMNITY
You agree to release, defend, indemnify and hold harmless Network Commander and its contractors, agents, employees, offices, directors, shareholders, ciients, and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Network Commander and/or Your use of the services or content provided by Network Commander.


13. DISCLAIMER OF WARRANTIES.
Network Commander EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


14. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.


15. TRANSFER
You may not transfer this contract without the written consent of Network Commander.


16. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from Network Commander to You may be posted on our web site. Notices concerning breach will be sent to the email address you have on file with Network Commander. Delivery shall be deemed to have been made five (5) days after the date sent. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by You upon Your next payment as specified in Section - Fees.

Notices from You to Network Commander shall be made by email, sent via the contact form on the https://networkcommander.com/ website.