USAGE AGREEMENT & PRIVACY POLICY
Please read this Privacy Policy and Usage Agreement (herein known as "Agreement") carefully before accessing this website controlled by Nighthawk Technologies, LLC (including any website, computer system, or file connected to or under the nighthawk-technologies.net OR .com domains, herein collectively known as "this website", "website", or "Nighthawk"). By accessing this website, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree to the terms and conditions of this agreement, you are not authorized to access this website, and you must therefore CEASE AND DESIST from using this website (see article "C" below).
A. TERMS AND CONDITIONS OF USE.
i. RIGHTS.
1. This website contains content which is covered by copyright, trademark, servicemark and other intellectual property assigned to and owned by Nighthawk or licensed to Nighthawk and owned by its partners. Nighthawk also owns the copyright in the arrangement, selection and coordination of this website's content, including its text, images and layout, in accordance with the Digital Millennium Copyright Act. You should not assume anything in this website is in the public domain.
ii. USING THIS WEBSITE.
1. Acceptable use: You may view and/or print material on this website for non-commercial, personal use ONLY. Without the express prior written permission of Nighthawk and any other rights owner, you may NOT publicly display, perform, transmit, list, modify, reproduce, distribute, participate in the transfer or sale of, make derivative works from, upload or otherwise use any of this website's content or the selection, arrangement or coordination of any its content, including code and software. If you receive such permission you may not delete or change the existing copyright and/or trademark notices or any embedded image watermarks.
2. Commercial use: You may not use this website, including images, code and software, for trading, sales, services or commercial purposes other than for making purchases from Nighthawk, and you agree not to post or use any information from this website for any advertising or solicitation for products or services without the express prior written permission of Nighthawk.
3. Limitation of liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NIGHTHAWK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING TORT, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Nighthawk's total liability to you for all damages exceed $50.00 USD.
4. Controlling Law and Severability: If there is a local subsidiary of Nighthawk in the country in which you are accessing this website, then the local law in which the subsidiary sits shall govern this agreement. Otherwise, this agreement shall be governed by the laws of Canada and the Province of Manitoba. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect.
5. Jurisdiction. Any action relating to this Agreement must first be brought in the State of Massachusetts and you irrevocably consent to the jurisdiction of such courts.
B. PRIVACY.
1. Site Monitoring: For site security purposes and to ensure that this website remains available to all users, the computer systems which run this website employ software programs to monitor network traffic to identify unauthorized attempts to upload, download or change information, or otherwise cause damage. These are retained and may contain individually identifiable information when such is provided. Unauthorized attempts to upload or download information or change information on this website are strictly prohibited and may be punishable under law.
2. Server Statistics: The computer systems which run this website also use network management software programs to create summary statistics, which are used for site management. Note that this is a standard feature of all Web servers, and is not specific to this website alone. These statistics are retained but do not contain individually identifiable information. They allow us to determine what information is of most and least interest to our audience, what browsers to design for, the effectiveness of website structure, and the volume of traffic coming to this website.
3. Your information. We use the information that we receive from your comments to this website for internal tracking purposes, to make this website as useful and interesting to you as we can, and to respond to your requests for information or other services. Except as specifically noted here or elsewhere within this website, we do not use your personal information for any other purpose, we never sell to or share said information with any third party unless providing such information is in connection with a product or service purchase from Nighthawk. Please note that whenever you submit any information to Nighthawk or this website in connection with any service provided by Nighthawk or this website, you consent to Nighthawk’s processing this information in the United States as necessary to provide the services in which you are participating. All Nighthawk employees and processors who have access to personal data and are associated with the processing of that data are obliged to respect the confidentiality of your data.
ELECTRONIC MAIL MESSAGES, FORMS, AND OTHER SUBMISSIONS.
When ordering from Nighthawk or this website, you must supply a valid e-mail address and contact information. Nighthawk monitors all purchases, and thus the e-mail addresses and contact information you supply as well. E-mail and information from forms and purchases are stored, but except as required by applicable Federal law, Nighthawk will not sell your personal contact information or use it to contact you for purposes of solicitation, advertising, or sales, unless such contact is required to complete a transaction with you.
SECURITY AND ENCRYPTION.
This website is hosted by GoDaddy. All transactions are encrypted using industry-standard 128-bit encryption with certificates purchased from GoDaddy. All customer data containing anything other than the contact information (name, address, etc) is stored on a secured server on our local-area network behind a firewall. Credit card information is kept on these machines as well, and is therefore unavailable to anyone outside of our firewall. When browsing this website, you may notice that a message pops up saying that the page you are viewing contains both secure and non-secure items. Rest assured that your information is still encrypted, and is still secure. The only information which is not encrypted or secured are pictures and graphics stored on the page you are viewing. This is to speed the loading and processing of the page you are viewing.
C. TERMINATION.
You may terminate your agreement with Nighthawk by:
1. Deleting ALL files located within your personal computer hard drive or your website with relation to our website, and;
2. Cease and desist from viewing our website, and;
3. Destroy all printed matter in relation to our website, and;
4. If you have a user account on our server, notify us in writing that you wish to have your account deleted, and acknowledge the acceptance of this termination clause and all items contained within it.
5. In the case of a client voluntarily terminating a contract, said client agrees to keep the footnote "Design by Nighthawk Technologies, LLC" until Nighthawk is informed and has confirmed that all coding done by the company has been removed from the website.
Disclaimer
All bundle pricing offered to customers, both new and returning, is quoted based on the assumption that all products in said bundle are accepted by the client and will be completed as outlined. Should a client choose to enter into early termination of a bundle package, all services rendered up to the point of termination will be billed out at full price. Termination, release and transfer fees may apply.
D. INFANCY.
You attest that you are of legal age to enter into this Agreement. If you are not of legal age, you attest that you have obtained parental consent and your parent/guardian has completely agreed to this agreement.
E. FULL AGREEMENT.
This is the complete and full agreement. This agreement may be modified, or amended from time to time, and a revisal date will appear at the bottom of this agreement to assure you that nothing has changed since the last revisal date. This agreement will remain in force until terminated by article "C" above.
Revised: January 30, 2008
