Terms of use

NETELITY InfoTech (NETELITY) and its corporate affiliates provide web design and development, business management suits on Software as a Service model details of which are published through www.netelity.com and other related proprietary websites, databases, email communications and printed publications (collectively, the "NETELITY Services").


All access to and use of the NETELITY Services is subject to the terms and conditions in these Terms of Use, including any other terms, agreements and documents that are linked or referred to below. By accessing, viewing or using any page, part or component of the NETELITY Services, a user ("User") agrees to be legally bound by these Terms of Use, to the same extent as if executing a valid and enforceable written contract with NETELITY.


Users may address questions or comments about these Terms of Use by email to: info@netelity.com


Authority to Use NETELITY Services

NETELITY grants Users nonexclusive, personal, non-transferable, revocable, limited authority to use the NETELITY Services only in accordance with these Terms of Use. Users' binding obligations under these Terms of Use are in consideration of NETELITY's grant of authority to use the NETELITY Services.


The NETELITY Services include all articles, notes, documents, updates, text, images, html, data, databases, email messages, advertisements and other contents, resources, materials and services produced, published, displayed, distributed or provided by NETELITY in, on or through the NETELITY Services (including any such materials posted by Users on NETELITY blogs, wikis, feedback, forums, email or similar means for the purpose of making such posted materials available to NETELITY's other Users) and all software and other technology hosted or used by NETELITY to provide the NETELITY Services (collectively, the "NETELITY Materials"). Certain NETELITY Materials are available to all Users free of charge ("Introductory Services") and others that are available only by paid subscription or during limited pre-subscription trial periods ("Subscription Services"), as further explained below. Unless otherwise specified or appropriate to the context, these Terms of Use apply to all access to and use of both Introductory Services and Subscription Services.

Introductory Services

All Users are permitted, in each case solely in connection with the User's marketing and provision of its own legal services to clients or within its own practice or business, to:

  • Search, view, reproduce, download and store, in printed or electronic form, contents and materials from the Introductory Services solely for the User's own use; and
  • Bookmark or link to any web page within the Introductory Services, provided that no NETELITY Materials are reproduced or displayed on the web outside of NETELITY's original frameset.

Users shall not under any circumstances by any means or for any purpose whatsoever, except as otherwise expressly provided in these Terms of Use:

  • Provide, transmit or distribute printed or electronic copies of any NETELITY Materials to any other person; or
  • Modify any such NETELITY Materials.

NETELITY reserves the right to deny, suspend or terminate a User's authority to access and use the Introductory Services at any time, with or without cause and without notice.

Introductory Services

Access to and use of Subscription Services is subject to separate terms and conditions ("Subscription Terms") between NETELITY and the User's firm, company or other employer (the "Customer") in addition to these Terms of Use. Customers may elect to subscribe to one or more of the Subscription Services offered by NETELITY ("Subscribed Services"), and may authorize individual Users ("Authorized Users") to use any or all of the Subscribed Services.

  • Search, view, reproduce, download and store, in printed or electronic form, NETELITY Materials from the Subscribed Services;
  • Access and use the subscribed services for business management and business productivity and decision making and providing information to their customers, contractors and subcontractors;

In addition to each Authorized User's personal obligation to comply with these Terms of Use, Customers are responsible under the Subscription Terms for strict compliance by all of their Authorized Users. Without limitation to any other available contractual, legal or equitable remedies, NETELITY reserves the right to revoke, suspend or terminate an Authorized User's access to one or more (or all) of the Subscribed Services upon any violation or suspected violation of these Terms of Use by the Authorized User, or otherwise in accordance with the applicable Subscription Terms.

For information about NETELITY subscriptions: info@netelity.com

Pre-Subscription Trials

Trial Users are permitted to search and view the Trial Services during the Trial Period solely for the purpose of evaluating whether to subscribe to the Subscription Services. In consideration of a Trial Offer, Trial Users shall provide feedback to NETELITY concerning the Trial Services, upon NETELITY's reasonable request during or after the Trial Period.


NETELITY may offer limited pre-subscription trials ("Trial Offers") of the Subscription Services to potential Customers and individual Users at no charge. Users who are selected to receive a Trial Offer ("Trial Users") are authorized to use some or all of the Subscription Services ("Trial Services") for a limited period of time ("Trial Period"), all as determined by NETELITY in its sole discretion.


Without limitation to any other restriction, obligation or condition in these Terms of Use, a Trial User shall not under any circumstances by any means or for any purpose whatsoever, at any time during the Trial Period, reproduce, download, store, transmit or modify any NETELITY Materials from the Trial Services in any printed or electronic form.


NETELITY reserves the right to revoke, suspend or terminate any Trial Offer or any Trial User's access to one or more (or all) of the Trial Services at any time, with or without cause and without notice.


For information about NETELITY pre-subscription trials: For information about NETELITY pre-subscription trials: info@netelity.com

Access Restrictions

NETELITY may control access to Subscription Services by authenticating unique user names and passwords assigned by NETELITY to Trial Users and Authorized Users, by recognizing and validating that the Authorized User's or Trial User's IP address is within an authorized range, or by any other means that NETELITY may implement.


Users (including Trial Users and Authorized Users) shall not access or attempt to access any Subscription Services other than Trial Services or Subscribed Services for which they are authorized under a Trial Offer or Subscription, or otherwise circumvent or attempt to circumvent any access restrictions or controls through hacking or other means. Trial Users and Authorized Users shall not disclose their assigned user name or password to anyone, and shall not permit anyone to use their user name, password, computer equipment, network, or IP address to access Subscription Services.


Users shall notify NETELITY immediately of any known or suspected unauthorized or improper use of the NETELITY Services, at the following email address: support@netelity.com

NETELITY's Proprietary Rights

All NETELITY Materials and all copyrights, trade secrets, patents and other intellectual property rights in the NETELITY Materials are exclusively owned by NETELITY, its affiliates and their licensors.


NETELITY and its affiliates own and use certain service marks, trademarks, slogans, logos, symbols, graphics and distinctive trade dress in connection with the NETELITY Services (the "NETELITY Marks"), including but not limited to the following service marks: Netelity InfoTech, NETELITY, Mpower, NETELITY Mpower, Mpower CRM and Mpower ERP.


NETELITY, its affiliates and their licensors reserve their entire right, title and interest in and to the NETELITY Materials and NETELITY Marks. These Terms of Use do not grant Users any right or license with respect to the NETELITY Materials or NETELITY Marks except to the minimum extent necessary to exercise their authority to use the NETELITY Services, and to use, reproduce and distribute NETELITY Materials that are quoted or incorporated in Customer Materials as permitted by these Terms of Use.


Prohibited Activities

Without limitation to any other restriction, obligation or condition in these Terms of Use, Users (including Authorized Users and Trial Users) shall not, under any circumstances by any means or for any purpose whatsoever, intentionally or unintentionally do or attempt to do any of the following:

  • Search, view, print, reproduce, download, store, modify, disclose, distribute, transmit or publish any NETELITY Materials, in whole or part, except as expressly permitted by these Terms of Use or otherwise authorized by NETELITY in writing;
  • remove, alter or obscure any citation or attribution of the author or source of any NETELITY Materials, or any notice of copyright, trademark or other proprietary rights on any NETELITY Materials (except when quoted or incorporated in Customer Materials in the manner expressly permitted by these Terms of Use), or make any use of the NETELITY Marks without NETELITY's prior written consent;
  • interfere with any other User's access, use or enjoyment of the NETELITY Services;
  • use the NETELITY Services or NETELITY Materials in a manner contrary to or in violation of any applicable law, regulation or rule of any jurisdiction, governmental agency or securities exchange;
  • use any NETELITY Services to store, distribute or transmit any material without authority or right to do so or in violation of any contractual or fiduciary duty, or that is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, disparaging of any person or group on the basis of race, ethnicity, religion, age, gender or sexual orientation;
  • access or use any content, materials or services not intentionally published or otherwise made available by NETELITY;
  • reverse compile, disassemble, reverse engineer or otherwise seek to discover the source code form of any NETELITY software or other technology, except as may be allowed by applicable law which is incapable of exclusion by agreement between the parties;
  • introduce any virus, denial of service attack or other potentially harmful or malicious software code or device into the NETELITY Services or NETELITY Materials, or use the NETELITY Services in any manner that might destroy, damage or degrade performance of any data communications facility, network, server, system, component, software or data used to deliver the NETELITY Services;
  • use, reproduce, download or transmit any NETELITY Services or NETELITY Materials for the purpose of providing any publishing or hosting services to third parties (whether or not for a fee), or otherwise exploit any NETELITY Services or NETELITY Materials to NETELITY's commercial disadvantage, other than with NETELITY's prior written consent;
  • use NETELITY's websites or the NETELITY Services, or email addresses or other contact information gathered through use of the NETELITY Services, in any way to distribute any advertising, solicitations or other commercial messages;
  • use any network software, device or manual process to monitor, download or copy NETELITY's websites, the NETELITY Services or NETELITY Materials, to extract information concerning usage or individual Users or to collect email addresses for any purpose; or
  • transfer, either permanently or temporarily, any rights or obligations under these Terms of Use or any Subscription or Trial Offer.

User Information and Privacy Policy

In providing the NETELITY Services, NETELITY shall conform to its Privacy Policy posted on the NETELITY websites, as such Privacy Policy may be amended by NETELITY from time to time, with respect to data and information of User and its employer and clients that a User transmits or submits to NETELITY ("User Information"). Subject to the Privacy Policy and the Subscription Terms, if applicable, User hereby expressly consents to collection, use, reproduction, hosting, transmission and disclosure of any User Information by NETELITY and its affiliates, and their employees and contractors, as NETELITY deems reasonably necessary or expedient for the purpose of providing the NETELITY Services.


Subject to the Privacy Policy, Users hereby consent to receive email from NETELITY. Users acknowledge that notices posted on the NETELITY websites or sent to Users by email satisfy any legal requirement that notices be in writing.


Third-Party Materials

NETELITY's websites may contain sponsored services and advertising, as well as links to third-party websites and services, including government information services and other publicly available websites (collectively, "Third-Party Materials"). Users acknowledge that the Third-Party Materials are not part of the NETELITY Services for purposes of this Agreement, and that NETELITY shall have no responsibility or liability for the content or legality of any Third-Party Materials or for the practices of the respective third-party sponsors, advertisers and publishers.

Warranty Disclaimers and Exclusion of Liability

NETELITY PROVIDES THE NETELITY SERVICES SOLELY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. NETELITY MAKES NO EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND UNDER THESE TERMS OF USE TO ANY USER AND NETELITY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE NETELITY SERVICES AND NETELITY MATERIALS.


USERS ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF NETELITY'S WEBSITES, PUBLICATIONS, SERVICES AND SYSTEMS. IN NO EVENT WILL NETELITY, ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO USERS OR THEIR CLIENTS UNDER THESE TERMS OF USE OR ON THE BASIS OF TORT OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY AMOUNT RESULTING FROM (I) THE PROVISION, USE OR RESULTS OF NETELITY'S WEBSITES, PUBLICATIONS, SERVICES OR SYSTEMS, ANY DELAYS, ERRORS OR OMISSIONS THEREIN OR ANY DEFECT OR LACK THEREIN OF QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR PERFORMANCE; (II) ANY LOSS OR DESTRUCTION OF USERS' OR THEIR CLIENTS' DATA OR INFORMATION, OR THE COST OF RECOVERING SUCH DATA OR INFORMATION; (III) THE COST OF SUBSTITUTE OR REPLACEMENT SERVICES; (IV) LOST BUSINESS OPPORTUNITY, REVENUE OR PROFITS; (V) LIABILITY TO USERS' CLIENTS OR OTHER THIRD PARTIES; OR (VI) ANY OTHER CAUSE WHATSOEVER, EVEN IF NETELITY OR ITS AFFILIATES, SUPPLIERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.


IF A USER OBJECTS TO THESE TERMS OF USE, AS AMENDED BY NETELITY FROM TIME TO TIME, THE USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE NETELITY SERVICES AND WEBSITES.

Indemnification

Users shall indemnify, defend and hold harmless NETELITY and its affiliates, and their respective directors, officers, employees, suppliers and licensors from and against all losses, liabilities, damages, costs and expenses, including attorneys' fees and disbursements, resulting from any breach or violation of these Terms of Use.

Governing Law; Jurisdiction and Venue

Any claim, action, suit, proceeding or dispute arising out of these Terms of Use shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Maharashtra, without regard to the conflicts of law's provisions thereof. The parties hereby consent, acknowledge and agree that venue and jurisdiction for any action, suit or proceeding arising out of these Terms of Use shall vest exclusively in the federal or state courts of general jurisdiction located in State of Maharashtra, India.

Amendment and Waiver; Severability

NETELITY may update or otherwise amend these Terms of Use at any time without notice. Users are bound by the Terms of Use then in effect each time they access, use or view the NETELITY Services. The provisions of the Subscription Terms, if in effect between NETELITY and an Authorized User's employer, shall take precedence over any conflicting or inconsistent provision in the Terms of Use. No waiver of any right or remedy on one occasion by NETELITY shall be deemed a waiver of such right or remedy on any other occasion. In the event that any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.