Acceptance of Contract Terms
The following are terms of a legal agreement between you and NextClient.com, Inc. (hereinafter referred to as “NextClient”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by NextClient from its offices within the United States. NextClient makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the State of California.
The copyright in all material provided on this Site is held by NextClient or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of NextClient or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without NextClient’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NEXTCLIENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF NEXTCLIENT OR A NEXTCLIENT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by NextClient or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to NextClient will be handled in accordance with NextClient’s Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Intellectual Property Notice
Unless otherwise noted, NextClient is the copyright owner of all text, graphic images, and layout contained in the materials and services provided. No material from may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. NEXTCLIENT®, WEB CONTENT FOR LAWYERS™, WEB NEWS FOR LAWYERS™, LAWNEWS E-MAIL MANAGER™, CONTENT DELIVERY SYSTEM™, PRACTICES MADE PERFECT™, WHAT DOES YOUR WEBSITE SAY ABOUT YOUR PRACTICE?™, CUSTOM WEBEXPRESS™ and any other trademarks and service marks that may be referred to are the property of NextClient, and may not be copied or distributed, in whole or in part, without the express written consent of NextClient.
Term of Use Revisions
Acceptable Use and Service Guidelines
These NextClient Acceptable Use Guidelines (“Usage Guidelines”) describe the proper kinds of conduct and prohibited uses of NextClient’s hosting services (the “Services”), as described and subscribed to pursuant to the Hosting Agreement posted at www.customwebexpress.com (the “Hosting Agreement”). These Usage Guidelines are not exhaustive and NextClient reserves the right to modify these Usage Guidelines at any time, effective upon posting of the modified Usage Guidelines to www.customwebexpress.com. By registering for and using the Services, and thereby accepting the terms and conditions of the Hosting Agreement, you agree to abide by these Usage Guidelines as modified from time to time. Any violation of these Usage Guidelines may result in the suspension or termination of your account or such other action as NextClient deems appropriate, which is described further in the Hosting Agreement.
1. YOUR GENERAL RESPONSIBILITIES
The Services enable you to develop and display a Website through which you can interact with users of the Internet and retrieve and send vast amounts of information. Generally, NextClient will not actively monitor, censor, or directly control any content that is or will be displayed on your Website(s) or information that you collect or use through your Website(s), other than Web Content for Lawyers™ newsletter service. NextClient, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of NextClient as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, NextClient expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.
VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM NEXTCLIENT ACCORDING TO THE HOSTING AGREEMENT. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. “CONTENT” INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS NEXTCLIENT’S POLICY TO TERMINATE REPEAT INFRINGERS.
2. ILLEGAL OR HARMFUL USE
You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these Usage Guidelines is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct are prohibited. NextClient reserves the rights to restrict or prohibit any and all uses of the Services or content on your Website(s) and to remove such materials from its servers, that NextClient determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other NextClient customers, or any third party.
Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation, use of credit card numbers.
Compliance With Local Regulations Regarding Attorney Advertising
Certain jurisdictions consider a website to be a form of advertising that requires prior approval. We suggest that you contact your Bar Association to ensure compliance with local regulations regarding websites as a form of advertising. Another useful resource may be found at www.legalethics.com, a website which outlines various State Bar Association policies on this issue.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of NextClient’s or any third party’s server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. NextClient may investigate incidents involving such violations. NextClient may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or via the Internet.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Avoiding System Restrictions
Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts
Failing to prevent unauthorized access to accounts, including any account passwords.
You may not distribute, publish, or send any of the following types of e-mail:
Unsolicited promotions, advertising or solicitations (commonly referred to as “spam”), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
Harassing e-mail, whether through language, frequency, or size of messages.
Malicious e-mail, including without limitation “mailbombing” (flooding a user or Website with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses).
E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
In addition, you may not use NextClient’s mail server or another Website’s mail server to relay mail without the express permission of the account holder or the Website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
5. NOTICE OF CLAIM OF COPYRIGHT INFRINGEMENT
NextClient services permit subscribers to host and make available content over the Internet. Although NextClient does not affirmatively screen subscriber content, NextClient does not tolerate infringing material on its equipment, and may remove content that appears to infringe any copyright or other intellectual property rights.
If you believe that your copyright in any material has been infringed on a site hosted on NextClient’s equipment or through its services, please send a “DMCA Notice” described below to NextClient’s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq.
Federal law requires your DMCA Notice to include the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
Your address, telephone number, and e-mail address;
A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
NextClient’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Karen E. Sugihara, General Counsel
25012 Avenue Kearny
Valencia, CA 91355
Telephone: (818) 550-8989 ext. 105
Facsimile: (818) 550-8980
Or by e-mail.
Please note that NextClient, in its sole discretion, may terminate the account of any subscriber about whom NextClient receives more than one complaint of copyright infringement.
Counter notification to Claimed Copyright Infringement
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Agent. The counter notification must provide the following information:
Physical or electronic signature of the subscriber;
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;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
The subscribers name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
If you have any questions about this policy, please contact NextClient.