NS RTC Terms of Service
March 21, 2015
NS RTC is an end-to-end real-time communications video and voice service (“Service”) by NETSTAIRS. Please read this entire document (“Terms”) carefully because it explains your rights and responsibilities when you use NS RTC to send or receive communications.
2. Account Registration
A NS RTC Account is required particularly with use of certain features, such as tools and utilities for importing your contacts from another service or creating new contacts. If you sign up for a NS RTC Account, you agree to the NS RTC Accounts Terms of Service and Privacy Notice.
The Service is provided to you in collaboration with your service provider (NS RTC is also referred to in this document as a licensor). The Service is integrated into NS RTC so you can easily make voice and video calls between NS RTC and users of any WebRTC-enabled browser or device. The Service is subject to change. NETSTAIRS's click-to-video for questions on features.
The NS RTC Privacy Notice explains what information is sent when you use the Service and how that information is handled.
5. Content & Use
You hereby confirm, acknowledge and agree that the service allows users to transmit certain information (such as video or images) (“Interactive Content”). You hereby grant NETSTAIRS and our licensors and licensees all rights necessary to provide the interactive service and you agree that your use of the service will comply with NETSTAIRS’s Conditions of Use. You are solely responsible for the Interactive Content you transmit and the consequences. During the normal use we reserve the right to the backdrop screen for sponsored brands and advertisers’ metrics.
For more information on how to report a claim of copyright or trademark abuse, please see here.
6. NETSTAIRS's and NETSTAIRS’s Proprietary Rights
Neither NETSTAIRS nor its licensors grant you any intellectual property rights in the Service that are not specifically stated in these Terms. For example, these Terms do not provide the right to use any copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features of NETSTAIRS or its licensors.
The NETSTAIRS software is distributed under and subject to the current version of the NETSTAIRS Public License, or other similarly permissive licenses.
7. Services Interruption; Term; Termination
You will not be entitled to claim expenses or damages for temporary use or suspension or limitation of the use of the Service. From time to time, we may need to perform maintenance on or upgrade the Service, or temporarily suspend part or all of the Service. Notice is not always possible.
These Terms apply to your use of the Service and will continue to apply until ended by either you or upon notice from NETSTAIRS or NS RTC. You can choose to end them at any time for any reason by discontinuing your use of the Service.
We may suspend or terminate your access to the Service or your NS RTC Account at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for NETSTAIRS or NETSTAIRS; or (iii) the provision of the Service to you is no longer commercially viable. If possible, we will make reasonable efforts to notify you by the email address associated with your NS RTC Account or the next time you attempt to access the Service.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.
You agree to defend, indemnify and hold harmless NETSTAIRS, Licensors and Licensees of NETSTAIRS and their respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of the Services (including, but not limited to, from any Content transmitted by you).
9. Disclaimer; Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.
YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED OR THAT SOMEONE ELSE ACCESSES YOUR ACCOUNT.
THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT AS REQUIRED BY LAW, THE INDEMNIFIED PARTIES, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, UNDER THIS AGREEMENT WILL NOT EXCEED $10 (TEN DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. Modifications to these Terms
These Terms may be updated from time to time to address a new feature of the Service or to clarify a provision. The updated Terms will be posted online. If the changes are substantive, we will announce the update through NETSTAIRS's usual channels for such announcements such as blog posts and forums. Your continued use of the Service after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page.
These Terms constitute the entire agreement between you, NETSTAIRS and NETSTAIRS concerning the Services and are governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.
12. Contact Us
Contact NETSTAIRS.com Inc. Attn: NETSTAIRS – Legal Notices via e-mail to firstname.lastname@example.org.
Last Updated: March 20 2015
Couple of items you should know:
When you interact, the data below is sent to NETSTAIRS in order to connect the call. Once connected, your communications are encrypted.
To serve you better, we automatically receive certain packets of data metrics from use of the Service.
Conditions of Use
You may not use any of NETSTAIRS services and products to:
- Do anything illegal or otherwise violate applicable law
- Threaten, harass, or violate the privacy rights of others; send unsolicited communications; or intercept, monitor, or modify communications not intended for you
- Violate NETSTAIRS Community participation Guidelines set by each service provider
- Harm users such as by using viruses, spyware or malware, worms, Trojan horses, time bombs or any other such malicious codes or instructions • Collect or harvest personally identifiable information, including, but not limited to, account names or email addresses
- Engage in any activity that interferes with or disrupts NETSTAIRS services or products (or the servers and networks which are connected to NETSTAIRS services)
- Reproduce, duplicate, copy, sell, trade or resell NETSTAIRS services or products for any purpose without written consent.
- Violate the copyright, trademark, or infringes the intellectual property rights of others
- Upload, download, transmit, display, or grant access to content that:
- Is illegal or promotes illegal activities
- Is inappropriate such as obscene or pornographic materials, graphic depictions of sexuality or violence, or images that exploit or harm children
- Infringes anyone’s rights, including intellectual property or other proprietary rights or rights of privacy or publicity
- Is deceptive, misleading, fraudulent or is designed to phish or perform other identity theft
- Is intended to promote gambling
- Engages in the advertisement of or encourages illegal or controlled products or services
- Degrades, intimidates, incites violence against, or encourages prejudicial action against someone or a group based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, religion, geographic location or other protected category or constitutes hate speech
- Misleads a user into making a purchasing decision
- This list is illustrative, not definitive, and may be updated.
NETSTAIRS reserves the right to remove any content or suspend any users that it deems in violation of these conditions or the applicable product terms of service.
Report Copyright & Trademark Abuse
If you are a copyright owner, or agent of the owner, and believe that content available by means of one or more of our websites infringes one or more of your copyrights, please notify us with a notice containing the information below:
Your Notice must include all of the following information:
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the copyright owner;
- An identification of the copyrighted work(s) that you claim have been infringed;
- A description of the nature and location of the work(s) that you claim to infringe your copyright, including the URL where the work(s) are located. You must include enough detail so we can find locate and positively identify the work(s);
- Your name, address, telephone number, and email address where we can contact you
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your DMCA Notice is accurate, and under penalty of perjury, that you are the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Where do you send the Notice?
What happens after sending the Notice?
If the Notice is incomplete we may choose not to take any action. If the Notice is complete we will remove or disable access to the content that is allegedly infringing.
If we take action, we will make a good faith attempt to notify the alleged infringer of the takedown, with a copy of your Notice. We may also send a copy of your Notice, with personal information redacted, to post.
Note: You may be held liable for damages, including costs and attorney fees, based on certain material misrepresentations contained in a Notice. Consult an attorney before filing a Notice if you are unsure if your copyrights have been infringed. What happens if you receive a Notification?
If your account receives too many copyright complaints, we may choose to terminate your account and remove your content from our websites.
If you believe your content was removed in error, you can file a counter-notice with the information below (“Counter-Notice”).
Note: You may be held liable for damages, including costs and attorney fees, based on certain material misrepresentations contained in a Counter-Notices. Consult an attorney before filing a DMCA Counter-Notice if you are unsure if your material was removed in error or if you are the actual rights holder of the material in question.
How do you file a Counter-Notice?
Your DMCA Counter-Notice must include all of the following information:
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the copyright owner;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA Notice is acceptable);
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Mozilla may be found, and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.
What happens after sending the Counter-Notice?
Upon receipt of a valid Counter-Notice, we will promptly forward a copy to the person who filed the original DMCA Notice. If we do not receive notice within 10 business days that the person who originally reported the Notice is seeking a court order to prevent further infringement of the content at issue, we may replace or re-enable access to the content that was removed.
Report Trademark Abuse
If you are a trademark owner, or agent of the owner, and believe that content available by means of one or more of our websites infringes one or more of your trademarks, please immediately notify us with a notice containing the information requested in the Notice. We deem this to be a “Trademark Notice” and will handle reports of trademark abuse in Trademark Notices similarly to the process described above for copyright abuse.