THESE TERMS OF USE GOVERN ALL USE OF THE NETWORK CAPACITY SOLUTIONS WEBSITE. BY USING, ACCESSING OR CONTRIBUTING TO THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

1. GENERAL DESCRIPTION.

Network Capacity Solutions, Inc. (“NCS”) is a provider of telecommunication focused software and related services (together the “Services”). Building software tools tailored to meet the individual needs of each client, NCS combines technological expertise and comprehensive knowledge to deliver efficient solutions to complex problems. These Terms of Use (“Terms”) govern the use of the NCS website (https://www.networkcapacitysolutions.com). NCS may change these Terms from time to time, at the NCS's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.

2. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITIES/INDEMNIFICATION.

THE NCS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NCS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL NCS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF NCS, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

You acknowledge and agree to indemnify and hold NCS, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site, your violation of these Terms, or the infringement by you of any intellectual property or other right of any person or entity.

3. PRIVACY/COPYRIGHT COMPLAINTS/CONTENT

NCS respects the privacy of our users. The Privacy Policy contained at https://www.networkcapacitysolutions.com/privacy.html is expressly incorporated herein by reference and made a part of these Terms.

In accordance with the Digital Millennium Copyright Act ("DMCA") http://lcweb.loc.gov/copyright/, NCS has designated an agent to receive notifications of alleged copyright infringement associated with this site. NCS will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:


When notifying NCS of the alleged copyright infringement, please include all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
4. Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If material is believed in good faith by NCS to infringe a copyright or otherwise violate any intellectual property rights, NCS will remove or disable access to any such material. You may want to seek independent legal counsel before filing a notification.

You understand that NCS does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that NCS endorses or is affiliated with any third-party website. You agree that NCS bears no responsibility or liability for any content accessed or harm caused from any third-party website.

4. INTERACTIVE FUNCTIONALITY.

From time to time, NCS may choose to incorporate website functionality in a way that permits you to interact with its website. The following terms apply to any and all such aspects of the NCS website.

Content. Content submitted by you may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. NCS does not pre-screen or regularly review any contributed content, but NCS the right (though not the obligation) to remove, without notice, any content posted which NCS considers, for any reason, to violate these Terms or to be outside the subject scope of this Site.

User Representations and Warranties. By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.]

Parental Notice. Pursuant to 47 U.S.C. Section 230(d) as amended, NCS hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).

5. MISCELLANEOUS TERMS

No Waiver of Terms. Failure of NCS to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement. These Terms are governed by the laws of the Commonwealth of Virginia, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving the Commonwealth of Virginia in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.