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Nextaris Terms of Use (Acceptable Use Policy / AUP)
Nextaris is owned and operated by SurfWax, Inc. As such, all SurfWax Inc. policies and terms of use, including, but not limited to, the following, apply to the Nextaris.com site as part of "SurfWax Site(s)".

Your use of this Nextaris Web site (the "Site"), and all information, products and services on the Site, including our search and advanced specialty services (collectively, the "Services") are subject to the payment of the referenced fees and charges (as applicable) and the binding legal terms set forth in this AUP document ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

You warrant that you are 18 years of age or older. SurfWax encourages individuals under 18 to consult their parents or guardians before creating blogs or Web pages. Children should always get permission from their parents or guardians before posting any personal information (such as names, e-mail addresses, and telephone numbers) on the Internet.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SURFWAX INC. AND THIRD PARTIES WHO CONTRIBUTE TO THE SURFWAX SITE(S) OR SERVICE(S) FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM THE LOSS, DELETION, OR CORRUPTION OF ANY DATA, FILES OF ANY TYPE, MESSAGES, BLOGS, WEB PAGES, OR ANY AND ALL OTHER CONTENT THAT MAY BE STORED OR SAVED BY YOU ON OR WITHIN THE SURFWAX SITE(S). YOU AGREE AND ACCEPT FULL RESPONSIBILITY FOR RETAINING, SEPARATE FROM THE SURFWAX SITE(S), BACKUP OR REPLACEMENT COPIES OF ALL CONTENT THAT YOU STORE ON OR SAVE TO THE SURFWAX SITE(S).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SURFWAX INC. AND THIRD PARTIES WHO CONTRIBUTE TO THE SURFWAX SITE(S) OR SERVICE(S) FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THESE POLICIES AND TERMS, ANY ACTIVITY RELATED TO YOUR WEB PAGES, OR ANY PRODUCT, SERVICE, OR INFORMATION DESCRIBED OR INCLUDED ON THE PAGES.

SURFWAX PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SURFWAX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE, LOSS OF CONTENT OR DATA, OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH SURFWAX SITE(S), WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF SURFWAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE.

The Site contains 1) links to Web sites and pages, including sites which include external or internal search capabilities (generally referred to as "Search Sources") and 2) services that are operated by SurfWax or other companies and that facilitate the use of what is found with a search. Your use of each Search Source is subject to the terms of use, if any, set forth by each of the Search Sources. If there is any conflict between the Terms set forth below and any of the terms or notices set forth on any other Search Source, then the terms of that Search Source will control your use of that Search Source. Please review the terms of use for each Search Source so that you understand all of the terms that will apply.

SURFWAX, INC. RESERVES THE RIGHT TO REFUSE SERVICES TO ANY USER, PROSPECTIVE CLIENT, OR ACTIVE CLIENT WHOSE SITE CONTAINS ADULT MATERIAL, HATE MATERIAL, OR OTHER MATERIAL DEEMED OFFENSIVE.

SurfWax, Inc., at its sole discretion, may terminate your account if you have been inactive for a period of three (3) consecutive months. You will be considered "inactive" if you do not respond to e-mails, visit SurfWax sites or use your Nextaris account.

Bandwidth (upload) usage (for both Free and Subscription) is limited to 30MB per month and subject to change without notice. Excessive uploading of files or use of multiple accounts may be considered by SurfWax, at its sole discretion, to be a violation to Nextaris Policy (AUP) and subject to action thereof.

In order to use the Services, you need Internet access. You also need equipment to access the Services, including computer, modem and other devices. If you are accessing a site that charges for its Services, you are responsible for any fees and charges required and agree to deal directly with such service provider. You agree to pay for Internet access and the equipment needed, and SurfWax is not responsible for any of these costs.
   
How You Can Use the Services
The Services are protected by U.S. and international copyright, patent and trademark laws. You may make a single copy of the individual screens you see when you use the Services, but not for further distribution or transfer to others. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth below. This means that you may not mirror, frame, or embed the home page or results pages of the Site or any Search Source on your own Web site or Web page.
   
Fees and Charges for using the Nextaris site (www.nextaris.com)
The fees and charges, as applicable, are solely for using this Site 1) to create a personalized account 2) to capture or save content to Folders 3) to provide News Alerts 4) to provide Messaging 5) to provide Blogging and Web Publishing. SURFWAX DOES NOT CHARGE FOR ANY USE OF THE SEARCH SOURCES OR FOR THE CONTENT DERIVED FROM OTHER SITES OR SOURCES.

Copyright protection applicable to any content remains unaffected by the inclusion of the content in the SurfWax Search Results. The information, services and products available to you on this Web site may contain errors and are subject to periods of interruption. While SurfWax does its best to maintain the information, services and products it offers on the Web site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of this Web site or its unavailability.
   
No License Granted
Except for allowing you to use the SurfWax Site or the Search Sources for your personal use as set forth in the paragraph above, when you use the SurfWax Site or the Search Sources, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of SurfWax or other companies with which we are affiliated.
   
Linking to Our Site
You may link to our site for noncommercial purposes. If you are interested in using our Site for commercial purposes or licensing any of our technologies, please contact us for more information.
 
Additional Content and Liability Disclaimer
SurfWax, Inc. shall not be responsible for any errors or omissions contained at this Web Site, and reserves the right to make changes without notice. Accordingly, all SurfWax, Inc. and third party information is provided "AS IS".

Some of SurfWax's services (e.g., news.surfwax.com) aggregate information for the convenience of the user. These services utilize automatic (robot) processing with little or no human intervention and may yield SurfWax search results or page content, which at times, may not be specifically relevant to a search query or a specific topic. SurfWax assumes no responsibility or liability for these search results or page content, including but not limited to: (1) the timeliness of content, (2) the accuracy of including content or associating content with a specific topic or page, and (3) the content aggregated from non-SurfWax sites in SurfWax search results or on SurfWax pages. SurfWax believes its methods do not violate the rights of any person, but will consider any suggestions to improve or remove content from its search results or aggregated pages. Please email such suggestions to custserv@nextaris.com.

The www.SurfWax.com site, SurfWax Scholar, LawKT, Nextaris, and other SurfWax services or sites, hereinafter, Site(s), may contain links or produce search results that reference links to third party web sites ("Linked Sites"). SurfWax follows reasonable industry practices to identify and include in the SurfWax Sources only appropriate and trusted web sites and learning links. SurfWax uses good faith efforts to monitor and screen web sites for accurate and appropriate content. However, the Linked Sites are not under the control of SurfWax, and SurfWax is not responsible for, and assumes no liability for, the content, opinions or materials available on any Linked Site ("Linked Site Content"), or the content, opinions or materials that can be linked to through any Linked Site. SurfWax cannot and does not guarantee, represent, or warrant that the Linked Site Content, including, without limitation, other links from or to the Linked Site, is appropriate, accurate, legal, and/or inoffensive.

SurfWax is not responsible nor liable for the functionality, performance, operation, inability to use, or results of use of any such Linked Site. SurfWax does not endorse the Linked Site Content, nor does SurfWax warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the SurfWax Sites to search for or link to another site, you agree and understand that such use is entirely at your own discretion and risk, and that you may not make any claim against SurfWax for any damages or losses whatsoever resulting from such use.

Any trademarks, service marks, logos, works of authorship, copyrighted material, or other intellectual property displayed or accessible on any Linked Site are the property of the Linked Site operator, such operator's licensors, content suppliers, and/or users. The Linked Sites Terms of Use, Acceptable Use Policy, or comparable document shall govern use of any Linked Site. The Linked Sites Privacy Policy shall determine the manner in which the Linked Site uses the information it obtains from visitors to the Linked Site. You are responsible for viewing, reading and abiding by the Linked Site's Terms of Use, Acceptable Use Policy, Privacy Policy and related documents as applicable in your access to and use of the Linked Site.

If you discover inappropriate content or material on a site SurfWax has linked to or otherwise experience a problem with a Linked Site, please let us know at custserv@nextaris.com and we will investigate the link and take appropriate action. If you have a suggested web site you believe worth including as a Linked Site, likewise please send us an email letting us know at custserv@nextaris.com and tell us about it. While SurfWax uses reasonable precautions to ensure inappropriate web sites are not included among our Linked Sites, parents and teachers need to help children develop skills to recognize and avoid danger on their own. Children should always ask parental permission before they give out personal information on the Internet.

Nextaris Folders and Messages Acceptable Use Policy  
SurfWax Site(s) Security: You are prohibited from violating, or attempting to violate, the security of the Site. Any violations may result in criminal and civil liabilities to you. SurfWax will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Site include, without limitation, the following:
Accessing data not intended for You, Logging into a server or account that You are not authorized to access, Attempting to probe, scan, or test the vulnerability of a system or network, Breaching security or authentication measures without proper authorization, Attempting to interfere with service to any user, host, or network including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing", Taking any action in order to obtain services or products to which you are not entitled.

Illegal or Inappropriate Use: SurfWax Site(s) may be used only for lawful or appropriate purposes. For example, You may not use SurfWax Site(s) or Nextaris Folders to:
  • create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others
  • violates the privacy, publicity, or other personal rights of others
  • impairs the privacy of communications
  • contains obscene, offensive, or inappropriate content
  • constitutes pornography
  • may be threatening, abusive, or hateful
  • violates export control laws or regulations
  • encourages conduct that would constitute a criminal offense or give rise to civil liability
  • causes technical disturbances to SurfWax Site(s), including, but not limited to, introduction of viruses, worms, or other destructive mechanisms
  • violates reasonable regulations of SurfWax or other service providers with respect to the network
  • assists or permits any persons in engaging in any of the activities described above, or
  • constitutes deceptive on-line marketing.
If you become aware of any such activities, you are obligated to immediately notify SurfWax and take all other appropriate actions to cause such activities to cease.

Content: You are responsible for all of the information you place into the Nextaris Folders. SurfWax exercises no control over, and accepts no responsibility for, such content residing on the SurfWax Site(s), including information provided on any third-party Site(s) linked to the SurfWax Site(s). Any Site links are provided as Internet navigation tools for informational purposes only and not as an endorsement by SurfWax of the contents of such Sites. SurfWax does not adopt, nor warrant the accuracy of or the content of any linked Site and undertakes no responsibility to update the content. Use of any information obtained via the SurfWax Site(s) is at your own risk. SurfWax does not screen communications or documents saved to Folders and is not responsible for screening or monitoring either the Content or any other information provided by third-party Sites used by you. SurfWax does not warrant that SurfWax Site(s) or Folder content will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the SurfWax Sites, you agree and understand that such use is entirely at your own discretion and risk, and that you may not make any claim against SurfWax for any damages or losses whatsoever resulting from such use.

SURFWAX, INC. AND ITS SUPPLIERS DO NOT WARRANT THAT THIS SITE OR ANY SITE REFERRED TO YOU BY THIS SITE IS FREE OF OBJECTIONABLE OR OFFENSIVE MATERIAL.

Consequences of Unacceptable Use: SurfWax reserves the right to suspend or terminate your access to Nextaris Folders and to the SurfWax Site(s) immediately upon a violation or suspected violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you. Furthermore, it is a violation of this Use Policy to use the services of another provider for the purposes of facilitating any of the activities described above if such use of another provider's service could reasonably be expected to affect the SurfWax Site(s).

Questions, Comments, or Complaints: If you have any questions concerning this document, please write to SurfWax, Inc., PO Box G, Menlo Park, CA 94026, or send e-mail to custserv@nextaris.com. SurfWax reserves the right to modify this document or any part of this document at any time.

Copyright SurfWax, Inc. 2002-2005. All rights reserved. SurfWax and Nextaris are trademark of SurfWax, Inc.