These terms of service bind all products and services provided by NEXTNET, a registered business entity based in the United States. Below are the terms and conditions:
Parties and Terminology
The definitions of the parties mentioned in this agreement are as follows:
All commercial entities and operational teams of NEXTNET, such as: NEXTNET NETWORK TECHNOLOGY LTD. (US)
are the owners and service providers of the website NEXTNET.me and its associated services (hereinafter referred to as “NEXTNET” or “this site”). In this agreement, any website or service mentioned, including various data transmission services, hosting, or website hosting services, are referred to as “website” or “service”.
When first-person pronouns (NEXTNET, we, our, etc.) are used in this agreement, they refer to the commercial entities of NEXTNET. Additionally, when the terms “website” or “site” are used, it refers to any website provided by NEXTNET unless a website is explicitly exempted from this policy.
You, NEXTNET Customer - As our client or user of website services, this agreement may use any second-person pronoun instead.
Please read the following hosting service terms and conditions. By successfully subscribing to NEXTNET services, you indicate your agreement to and acceptance of all terms and conditions (the “Agreement”) herein. If you agree to the terms and conditions of this Agreement, by clicking “I accept” (or similar scenarios) or checking the appropriate box, you intend to accept these terms and conditions. You should print or otherwise save this agreement as a referenceable copy for future use. If you do not agree to all the terms and conditions of this Agreement, then do not purchase NEXTNET products and services, and click the browser’s “back” button or close this website. NEXTNET only provides services to you after you agree to these Terms of Service. This Agreement is signed where commercial law permits globally and domestically. Any action of using services provided by NEXTNET is deemed that you acknowledge and agree to the following service terms.
General Terms
While this agreement represents the primary terms of use, other guidelines and rules are incorporated herein by reference. These documents can be found on our website, including: Privacy Policy (https://NEXTNET.me/privacy-policy/ ) User Terms (https://NEXTNET.me/terms-conditions/ )
1. Services
1.1 Before you purchase NEXTNET services, you can see a range of services listed. You can choose the desired package from the listed services. All services you choose are subject to these terms. After you order the service, we consider that you accept these terms of use, and NEXTNET will send a service order confirmation email. NEXTNET reserves the right to refuse to provide any service to you for any reason. Despite our normal uptime guarantee listed in Article 17 of this agreement, NEXTNET also reserves the right to interrupt access to services for regular maintenance needs in emergency situations. You can order additional services at any time. All additional services provided herein are considered “services.” All services provided are subject to the terms and conditions of this agreement, depending on the situation.
2. Amendment of User Agreement
This agreement contains the complete terms and conditions applicable to the NEXTNET services you purchase and use (defined below). NEXTNET may modify the terms of this Agreement at any time, including fees (defined below), and NEXTNET is obligated to inform users of the updates to the terms, including but not limited to email notifications, website notifications, and social media notifications.
2.1 We may modify this agreement at any time. You agree that we reserve the right to do so. You agree that we have the unilateral right to do so. The updated version will immediately replace any previous version upon publication unless the revised version is consistent with the previous version, and the previous version will no longer have legal effect. Any third-party modified versions of this Agreement are considered invalid.
2.2 We agree that if we make any changes to our agreement, we will change the “Last Modified Date” at the top of this agreement. You agree to revisit this webpage regularly. You agree to note the last revision date. If the “Last Modified” date remains unchanged from your last viewing of this agreement, then you can assume that the agreement has not changed since your last viewing. If the “Last Modified” date has changed, you can be certain that the terms of the agreement have been altered.
2.3 If, due to any modifications we make, you need to terminate services, you must cancel in writing within thirty (30) days from the “Last Modified” date. Continuing to use services after any such notification means you accept these modifications.
2.4 Waiver – If you fail to regularly review this agreement, you bear the responsibility of disregarding changes to this agreement. You have the right to view these revised versions at any time. NEXTNET is not responsible for any negligence on your part due to your failure to view these revisions.
3. Agreement and Cancellation Policy
3.1 The initial term of service begins when we send you an order confirmation email or provide you with services and requires receipt of your lawful funds. The term length of services is specified when you order our services. During the initial term (and renewal term), you may not terminate the execution of this agreement unless NEXTNET breaches it. After the initial term, this agreement will automatically renew, and the terms of execution will be the same as during the initial term, unless terminated or canceled by either party as provided in this agreement.
3.2 NEXTNET may also terminate this agreement (“terminate without cause”) at any time and for any reason.
3.3 If NEXTNET cancels this agreement pursuant to any term specified in this agreement, NEXTNET shall not refund any fees already paid or prepaid by you before cancellation, and you are obligated to pay all charges and fees before the cancellation of valid services. If NEXTNET terminates the agreement, all prepaid fees will not be refunded. Termination of this agreement does not relieve you of any obligation to pay any accrued or payable fees to NEXTNET before the termination of this agreement.
3.4 Furthermore, NEXTNET reserves the right to terminate any portion of this agreement. NEXTNET may terminate your service under the following circumstances: (a) violation of the Acceptable Use Policy (AUP) as described; (b) infringement or violation of any third-party intellectual property or privacy rights or copyrights; (c) failure to comply with any applicable laws, regulations, or ordinances; (d) uploading, posting, or disseminating any images, text, graphics, encoding, or videos that NEXTNET deems illegal or high-risk. NEXTNET has the discretion to not monitor or review your content at any time for any purpose, and NEXTNET has no responsibility or obligation under this agreement to monitor or review your content or any content uploaded or posted by your users. You remain responsible for your content and any liabilities arising therefrom.
4. Account Setup
4.1 When registering an account, you will be asked to provide a login account (email) and password. You may use only such user credentials to access the service or modify your data and content. You are solely responsible for maintaining the confidentiality of your username and password and the secrecy of all activities using these credentials. You agree to immediately notify us of any unauthorized use of your account or any other security breach.
4.2 You must provide us with a primary email address and ensure its availability. All notifications and communications between us will be sent to the email address you provided, so you need to keep this address accessible, and if your address changes, please notify us. If your contact and/or billing information changes, you should notify us so that we can update your account. Please ensure that our domain NEXTNET.me and any other email addresses we inform you of are not included in any spam blocking lists used by you or your email provider.
4.3 Providing any type of erroneous or inaccurate contact information will result in NEXTNET being unable to properly provide the services you are entitled to, and any service interruption resulting from this issue will not be compensated; providing any type of false/fraudulent information may result in the termination of your account according to the relevant terms in Section 3 of this agreement.
4.4 NEXTNET has the right to refuse to provide services and immediately terminate your access to the NEXTNET account under the following circumstances: (a) failure to meet the conditions for NEXTNET services; (b) failure to fulfill contracts at NEXTNET-related businesses or NEXTNET partners; (c) violation of relevant terms and conditions at NEXTNET-related businesses or NEXTNET partners in the past; (d) based on existing data, we believe that you may refuse to fulfill contracts or violate our terms or conditions.
4.5 You are responsible for all activities and changes to your account. Therefore, we strongly recommend that you properly secure and manage files, directories, and script permissions. We assume that you have the technical ability to manage your own services. You are responsible for any issues resulting from changes to your account, including but not limited to damage to your website, damage to NEXTNET websites and/or equipment, and damage to any other websites.
4.6 Only one valid account is allowed for any natural person unless the previous account is no longer valid and is not temporarily or permanently restricted due to violation of terms and conditions. You agree and allow NEXTNET to use technologies including browser fingerprint tracking to prevent account abuse, and NEXTNET agrees that all uses of technology must comply with our privacy policy. This restriction does not apply to legal entities.
4.7 NEXTNET has the right to delete accounts without services or accounts with no available services for system optimization purposes.
5. Intellectual Property
5.1 All services provided by NEXTNET are only available for lawful purposes.
5.2 Between you and NEXTNET, NEXTNET declares that it does not own or claim ownership of any content you provide for use in your services and/or (including but not limited to text, software, music, sound, audiovisual works, films, images, animations, videos, and graphics, i.e., “your content”). By using NEXTNET products and/or services, you grant NEXTNET a non-exclusive, worldwide, royalty-free license to use your content, broadcast, transmit over the Internet, sublicense, reproduce, create derivative works, display, and perform.
5.3 NEXTNET may (but is not obligated to) provide you with certain materials, including but not limited to computer software (in object code or source code form), data files, or information developed, NEXTNET or its suppliers provide domain names, email addresses, other network addresses assigned to you, and other proprietary technologies, methods, devices, and processes provided by NEXTNET to provide you with services (“Primary Materials”). Under the terms and conditions of this Agreement, NEXTNET grants you a limited, revocable, non-transferable, non-exclusive license to use the primary materials separately connected with the service. This license terminates upon termination of this agreement. You acknowledge and agree that NEXTNET owns all applicable licenses, ownership, and interests, or otherwise acquired all applicable licenses, copyrights, trade secrets, patents, trademarks, and other intellectual property rights of the primary materials. Unauthorized use of any primary materials after the termination of this agreement is strictly prohibited. You agree not to upload, transmit, copy, distribute, or otherwise exploit any primary materials without written permission.
5.4 This Agreement does not constitute a license to use NEXTNET service marks or any other trade badges. The use of any NEXTNET service marks or any other trade badges without NEXTNET’s prior written consent is strictly prohibited.
5.5 You acknowledge that even nominal damages may require significant legal fees, travel expenses, costs, and other amounts. If such costs are incurred, you agree to pay all such fees and costs.
6. Content and Acceptable Use Policy
6.1 You agree to abide by NEXTNET’s Acceptable Use Policy, which can be found by visiting NEXTNET’s website at https://NEXTNET.me/about/privacy-policy/ . Portions thereof are incorporated herein by reference and form an integral part of this document. NEXTNET posts modified policies on its website and reserves the right to modify the Acceptable Use Policy at any time. Furthermore, NEXTNET is obligated to inform users of updates to the Acceptable Use Policy, including but not limited to email notifications, website notifications, and social media notifications. You agree to regularly visit the NEXTNET website and review the latest Acceptable Use Policy. By continuing to use NEXTNET services after any changes to the Acceptable Use Policy, you signify your acceptance of the new policy and are bound by it. NEXTNET reserves the right to suspend your access to the service at any time if end-user behavior violates the Terms of Service or the Acceptable Use Policy.
6.2 NEXTNET does not actively monitor the content used by end-users on the NEXTNET service. However, NEXTNET may, at its discretion, monitor the services used by customers on the NEXTNET network by technical means and disclose any necessary information about your account in response to legal, regulatory, or government organization requests. NEXTNET investigates complaints of infringement of third-party rights or violations of the Acceptable Use Policy. NEXTNET will attempt to minimize abuse of the NEXTNET service. NEXTNET has the right to cooperate with law enforcement agencies and reserves the right to notify such agencies if there are suspicions of activities violating local laws, regulations, and relevant policies in your jurisdiction and that of the server. All terms contained in this section are intended to confer rights on third parties, but no third party has the right to enforce any terms of this agreement.
6.3 You must agree that NEXTNET will not be held responsible for any actions of yours or your end-users that violate the Acceptable Use Policy, the laws, regulations, and relevant policies of your jurisdiction and the jurisdiction of the server, including the Digital Millennium Copyright Act.
6.4 NEXTNET may, at its discretion, terminate your access to the service and terminate this agreement. This is because you or your end-users, downstream customers, have violated the Terms of Service and the Acceptable Use Policy.
6.5 NEXTNET takes child pornography issues very seriously. The use of our services by minors poses potential risks and should be strictly prohibited. However, their guardians may authorize limited use of NEXTNET services by minors. Any content that may be considered child pornography will be deleted and access will be prohibited, applicable to any NEXTNET service. Any customer hosting or accessing child pornography through NEXTNET will be immediately terminated and reported to local law enforcement agencies. You agree to cooperate with NEXTNET to block access to child pornography content. Any content involving the solicitation, enticement, or inducement of minors to engage in sexual activities or lewd behavior is strictly prohibited and will be treated as the same issue as child pornography. NEXTNET has the right to take legal action against customers hosting or accessing child pornography content on the NEXTNET website.
6.6 If you suspect that child pornography content is being hosted on the NEXTNET network, we encourage you to report it immediately to NEXTNET at service@nessvm.com .
6.7 We respect the intellectual property rights of all parties and have adopted a policy on terminating repeat copyright infringers based on the Digital Millennium Copyright Act. Copies of our repeat infringement termination policy are available upon request to our customers.
6.8 You agree that you are responsible for preventing minors under your care from directly or indirectly accessing any harmful or inappropriate content through NEXTNET services that you have purchased. You agree not to allow minors to access any services and take appropriate restrictive measures to prevent them from doing so. Many commercial online security filters are available to assist users in restricting access to harmful or inappropriate content. Please note that this website makes no representations or warranties about any products or services referenced on these websites, recommends users to conduct appropriate due diligence before purchasing or installing any online filters. If your computer can be accessed by minors, you agree to take special measures to prevent minors from browsing this website. Finally, you agree that if you are a parent or legal guardian of minors, you are responsible for preventing minors from accessing any inappropriate content through NEXTNET services, which is your responsibility, not ours.
7. Zero Tolerance Spam Policy
7.1 The use of SPAM on the NEXTNET network is strictly prohibited. If you and your end-users use SPAM on the NEXTNET network, we reserve the right to terminate your service at any time.
7.2 NEXTNET posts modified policies on its website and reserves the right to modify the anti-spam policy at any time. You agree to regularly visit the NEXTNET website and review the latest anti-spam policy. By continuing to use NEXTNET services after any changes to the anti-spam policy, you signify your acceptance of the new policy and are bound by it. If end-user behavior violates the Terms of Service or the anti-spam policy, NEXTNET reserves the right to suspend your access to the service at any time.
8. Payment
8.1 Service payments are to be made in advance within the payment period. Unless you follow the NEXTNET service cancellation procedure specified in this agreement, services will be settled automatically and regularly.
8.2 The initial fees and periodic fees for the services you select should be provided in the initial online order form, and unless specifically negotiated and confirmed in writing by agreement between you and us, installation fees and recurring payment fees for the services you select should be paid together as initial fees when ordering online, and all setup/installation fees and special setup fees are non-refundable. Service fees need to be paid in advance, failure to pay service fees before expiration may result in suspension or termination of service.
8.3 You must select a payment method when making payment. NEXTNET reserves the right to enter into contracts with third parties to handle all payments. Such third parties may impose additional terms and conditions on payment processing. If you fail to pay all fees due at the expiration, your account will be considered overdue. For any overdue fees, NEXTNET may charge you a certain interest rate on your unpaid balance, up to the highest rate permitted by applicable law.
8.4 You agree to pay any taxes incurred as a result of using this service, including personal income tax, value-added tax, or sales tax. NEXTNET is not responsible for any charges incurred by you for using this service and using bank checks, credit cards, insufficient funds, and any other fees incurred by you with your financial institution. NEXTNET should receive full payment, and if additional charges are incurred due to taxes, exchange rate differences, bank charges, transfer charges, etc., you need to pay them yourself.
8.5 You also agree to pay any attorney fees, collection fees, and other fees incurred by NEXTNET. Additionally, NEXTNET will not refund any installation fees, special setup fees, or remaining prepaid fees.
8.6 Once NEXTNET starts providing services, we will no longer entertain any refund requests. You understand and agree that even if you request cancellation of these services or products, NEXTNET has already incurred basic costs and assumed risks, so we will not refund any fees.
8.7 Under special circumstances, some special products and services may be allowed to provide refunds, but NEXTNET reserves the right to deduct necessary payment gateway fees and other charges when refunding. The amount you ultimately receive may also vary depending on the payment gateway you request. NEXTNET will not provide any assistance for such issues. We do not offer refunds for failed transactions caused by unstable payment gateways.
8.8 Coupons and Discount Codes - In certain cases, NEXTNET may provide coupons and discount codes, which, unless otherwise stated, may only be applicable to first-time customers. These discounts may not take effect after you have ordered NEXTNET services. Some coupons or discount codes may only apply to a reduction in the initial payment amount for first-time purchases. These coupons and discount codes may not apply when you upgrade your products. Any account attempting to abuse coupons and discount codes will be suspended or deleted.
8.9 Price Protection - NEXTNET may adjust the prices of subscriptions or products, and these adjustments may only apply to new purchases or apply to new purchases or renewals simultaneously. Regardless of whether prices are raised or lowered, NEXTNET guarantees that all subscribers can renew at the lowest of the purchase price and the latest price within one billing cycle (based on the first purchase bill); users who purchase at promotional prices are not eligible for this clause.
9. Support Services
9.1 Unless specific products have explicit statements, all subscriptions or products are provided with a certain level of limited standard support services based on their subscription or product level.
9.2 NEXTNET handles only one issue or request per support request, and each support department handles only support requests related to it.
9.3 Some support department submissions require the consumption of a certain number of customer service points.
9.4 When the service is initially purchased, NEXTNET will allocate 50 customer service points for each department in the account, and each time the billing is renewed, NEXTNET will add 50 available points to each department of the account.
9.5 NEXTNET has the right to close support requests, restrict account access, or delete user accounts without replying to support requests, for the following types of support requests:
Exceeding the allowed number of issues and requests for support requests Not within the scope of responsibility of the support department Inquiries with meaningless content or failure to provide any useful information Involving internal information of NEXTNET Violating NEXTNET terms and conditions Closed automatically due to expiration Violating local laws and regulations Containing abusive, violent, or other inappropriate content
10. Backup Measures & Data Loss
10.1 You agree that the security of the data you use with the service is maintained by you. NEXTNET will protect your data security through necessary measures, including the use of alternative power systems and data backups, etc., in compliance with compliant schemes. However, this still requires you to take security measures for your data. We cannot guarantee that we can fully recover your service in the event of data loss. Therefore, we strongly recommend that you establish your own daily backup procedures to ensure the security of your data.
10.2 If you wish NEXTNET to provide daily backup services, which are not provided by this agreement, please contact us. We provide backup services other than routine services, and you can choose one of them as a solution. We will provide all services through a separate written agreement.
11. Resource Usage & Security
11.1 NEXTNET does not impose limits on the system resources and hardware that each account can use. We do not deactivate user accounts proactively unless they significantly exceed acceptable usage levels or maintaining their use would severely affect the experience of other customers, etc.
11.2 Without explicit legal permission, reverse engineering, decompiling, or disassembling the website and/or materials or derivative works thereof is prohibited. You agree not to use any automatic device or manual process to monitor or copy the website or materials, nor will you use any devices, software, computer code, or viruses to interfere with or attempt to interfere with or disrupt our services and website.
11.3 Security - Any violation of the security of the website and/or service is prohibited and may result in criminal and civil liability. You agree not to engage in or attempt to alter or manipulate hardware and software, endanger servers, or any other unauthorized use. You are prohibited from engaging in:
Unauthorized access to or use of data, systems, or networks, including websites and/or services. Unauthorized interference with any user’s service, host, or network. Introduction of malicious programs into networks or servers (such as viruses and worms), including websites and/or services. Evading any user or security authentication for any host, network, or account. Exploiting our services to compromise security or other websites.
In the event of your involvement in any violation of system security, we have the right to release information about you to system administrators of other websites to assist in resolving security incidents, and we will also cooperate with any law enforcement agencies investigating crimes and violations of system or network security. Furthermore, violations of these security provisions may result in termination of your account pursuant to Section 3 of this agreement.
11.4 Traffic Usage - The amount of data transfer you have each month is determined by the specific service or subscription you purchase. If your usage exceeds your monthly limit, your account will be suspended, and it will be restored at the beginning of the next month or your billing date, depending on the product or service. Unused traffic does not carry over to the next month’s traffic.
11.5 Fair Use Policy - We provide specific services or subscriptions to our customers, and we expect users to use each service as described, referring to the entire billing period of any given billing cycle to define normal, fair, and reasonable usage. When we determine that a user is unreasonably using a service or subscription, we may take action to mitigate negative impacts, including but not limited to access restrictions without notifying refunds or account deletion. Unfair use includes but is not limited to:
Lending, leaking, or reselling NEXTNET accounts or services (including behaviors such as sharing with others, sharing use, etc., without written authorization from NEXTNET) Continuous use of various types of p2p download services Exceeding the maximum number of users specified for products or services Running resource-consuming programs for a long time on a single resource provider point Performing activities violating laws and regulations in the country or region where the resource point is located on a resource sharing service for a long time beyond a reasonable range
12、Guarantee of Normal Operation Time
12.1 NEXTNET will endeavor to provide assurance for the operation of the data center, but does not promise an SLA guarantee.
13、Price Changes
13.1 The service you pay for will not change in price for a certain period. We reserve the right to change the prices of services provided by NEXTNET.me at any time without further notice and reserve the right to modify the quantity of resources provided to users. Furthermore, if we terminate your service due to clause 3.2 of this agreement, and we decide to provide you with services again in the future, your previous fees will not be included in the new service, and you will still be required to pay service fees. It is your responsibility to check the details of the relevant fees. NEXTNET will not automatically update your plan, and all upgrades or downgrades will be made at your request, which may include modifying fees or requesting you to contact us.
14、Guarantee
14.1 You agree to maintain and indemnify NEXTNET and its affiliates against any and all claims, debts, or reputational effects, and to pay for any losses resulting from:
- Breach of the agreement you made under this agreement;
- Your use of the service;
- All activities conducted under your username and password;
- The sale of any items or services, or the advertising of your content or your information and data;
- Any defamatory, libelous, or unlawful material contained in your content or your information and data;
- Any claims or arguments that your content or your information and data infringe any third party’s patents, copyrights, or other intellectual property rights, or violate privacy or disclose any third party’s rights;
- Any third party’s access to or use of your content or your information and data;
- Any damage to NEXTNET due to you;
- Breach of any applicable acceptable use policy.
You warrant and represent that: 1) your content and headline comply with U.S. laws 2) you and all your end users in your country have reached the age of majority; 3) the content you obtain or provide does not contain real descriptions of child pornography, obscenity, bestiality, violence, or any images that are illegal in the United States.
15、No Additional Warranties
15.1 You expressly agree that you assume the risks arising from your use of the services we provide. The service is provided on an “as is” and “as available” basis. NEXTNET expressly disclaims any and all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NEXTNET does not guarantee that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does it guarantee the accuracy, reliability, or correction of any information or defects in any software or hardware obtained through the service. We do not provide additional warranties, and any statements regarding these issues in promotional materials should be regarded as references to advertising rather than guarantees. You understand and agree that any data or information you download or obtain through the service may be at risk, and you will independently assess the risk and bear any losses or damages to computer systems.
NEXTNET may provide as part of the service (“Third Party Services or Software”) certain products, services, and/or software provided by third parties to you. NEXTNET cannot control the content of third-party services or software. The use of any third-party services or software is at your own risk and subject to the terms and conditions of any separate agreements you have with third parties.
Any advice or information obtained from NEXTNET or through the service, whether oral or written, express or implied, including but not limited to any marketing or promotional materials describing the service on the NEXTNET website, shall not constitute warranties.
NEXTNET does not provide warranties regarding any products and services.
16、General Terms
16.1 Jurisdiction, Venue, and Choice of Law: This Agreement and all matters arising from or related to this Agreement are governed by the laws of the United States, excluding its conflict of laws provisions. If litigation is initiated under this Agreement, the parties agree to submit to the jurisdiction of the federal and state courts in the United States. The exclusive venue for any litigation permitted under this Agreement shall be located in the United States and the local state and federal courts.
The parties agree that the provisions of jurisdiction, venue, and choice of law contained in this Agreement are mandatory and not permissive, thereby excluding any litigation between the parties arising out of this agreement except as provided in this section.
16.2 Severability: If, for any reason, a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, the remaining provisions shall continue to be enforced to the fullest extent possible, and the remainder of this Agreement shall remain in full force and effect.
16.3 Continuation: The rights and obligations of the parties under this Agreement will continue, depending on their circumstances, to their respective assigns, heirs, executors, and administrators. This Agreement or any rights granted under this Agreement may not be sold, subleased, assigned, or otherwise transferred in whole or in part by you.
16.4 Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of future enforcement of that provision or of any other provision or right.
16.5 Relationship of the Parties: NEXTNET is an independent provider, and nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.
16.6 Headings: The headings of sections and subsections of this Agreement are inserted for convenience only and shall not be construed to constitute a part of this Agreement or to affect its meaning.
16.7 Force Majeure: Neither party shall be liable for any failure or delay in performance under this Agreement (except for the payment of money) to the extent caused by reasons beyond its reasonable control, including, but not limited to, acts of God; war, riots, embargoes, acts of civil or military authorities, or terrorism; fires, floods, earthquakes, hurricanes, tropical storms, or other natural disasters; strikes or shortages of transportation, facilities, fuel, energy, labor, or materials; failure of telecommunications or information services infrastructure; hacking, spamming, or any failure of any computer, server, or software, shall not be deemed a violation of this Agreement.
16.8 Export: You understand and acknowledge that certain software may be subject to regulation by U.S. government agencies, including the U.S. Department of Commerce, which prohibits the export or re-export of software to certain countries or third parties. You will not assist or participate in any such unlawful transfer or violation of applicable U.S. laws and regulations. You warrant that, under applicable U.S. laws and regulations, you will not license or otherwise permit any unauthorized person to receive goods, and that you will comply with such laws and regulations.
16.9 Notices and Electronic Communications: All notices permitted or required under this Agreement may be sent by email, fax, courier service, mail, or registered mail to the email address, fax number, or mailing address you most recently provided, and shall be effective upon sending. Evidence of successful transmission shall be retained. The parties may communicate with each other by electronic means as described in this Agreement. The parties agree to the following for all electronic communications: (i) the sender’s user identification contained in electronic communications is legally sufficient to verify the sender’s identity and the authenticity of the communication; (ii) electronic communications sent by you containing your user identification are attributable to you as the author of the content and have the same effect and legal significance as your written signature.