Terms of Service Agreement
The use of this website constitutes agreement of a contract between you ("The Customer") and the N2RWE APRS Tracker (aprs.n2rwe.com), a web site owned and operated by Steve White, N2RWE, referred to herein as “N2RWE APRS Tracker”, and/or “The Service”. This contract outlines your responsibilities, limits our liabilities, and provides no warranties expressed or implied as to the usability, reliability, or accessibility of the service. Please Contact Us with any questions on these terms.
Registration is not required to view most content. Registration may be required in order to post or otherwise contribute content, access tools, APIs, or other features that the N2RWE APRS Tracker chooses to offer. Accounts are setup instantly. Paid services offered by The Service will not be setup until after payment has been received and we and/or our payment partner(s) have performed a fraud screening process. It is your responsibility to ensure the email address on file is current and up to date at all times. Providing false contact information of any kind may result in the termination of your account without notice or refund (if applicable).
ACCEPTABLE USE AND CONTENT
All services provided by the N2RWE APRS Tracker must be used for lawful purposes only. Inappropriate content includes but is not limited to any material that may infringe on patents, trademarks, copyrights, and any material we judge to be threatening or obscene. Some example of material not permitted include:
- Racially offensive/Hate speech
- Software piracy, warez
- Link baiting, spam
- Other irrelevant content.
N2RWE APRS Tracker and its’ assigns shall be the sole arbiter in determining what does and does not meet the acceptable content. N2RWE APRS Tracker will in most cases provide advanced notification of any breach of acceptable content, however serious violations may result in content and/or account removal without notice at the discretion of N2RWE APRS Tracker staff. The Customer agrees to indemnify and hold harmless N2RWE APRS Tracker.com and Steve White, N2RWE from any claims resulting from the use of The Service.
Abusive or threatening behavior of any type towards N2RWE APRS Tracker staff and other customers will not be tolerated. All illegal content will be removed from our servers without notice and illegal acts will be reported and prosecuted as appropriate. Under no circumstances shall N2RWE APRS Tracker be held liable for any content contained within the service.
Registered account holders are responsible for making sure The Service has your current and correct contact contact information on file at all times. This is done by logging into your account and updating your records as needed. Registered members of the N2RWE APRS Tracker are required to always maintain a valid e-mail address with which we may choose to contact you regarding your account. We do not send out unsolicited e-mail or postal mail, nor do we sell our contact information to outside companies. N2RWE APRS Tracker reserves the right to send announcements and invoices relating your account to the e-mail address associated with your account.
UNSOLICITED E-MAIL (SPAM) POLICY
The N2RWE APRS Tracker has a zero tolerance stance against sending of unsolicited e-mail and private messages, also known as spam. Users caught sending unsolicited messages (as defined by the N2RWE APRS Tracker) through our email facility shall have their accounts terminated immediately, and without notice. Accounts terminated for sending spam shall not qualify for any refund of paid services and may be subject to a penalty of $100 per complaint filed. Accounts terminated for sending unsolicited messages agree forfeit any and all rights to any content, files, backups, and technical support associated with the account in question hosted on any and all N2RWE APRS Tracker servers and other web properties owned by Steve White, N2RWE.
The N2RWE APRS Tracker reserves the right to investigate accounts accused of sending unsolicited emails, in any way deemed necessary including suspending the account in question during the pending investigation. We reserve the right to cancel any account suspended of sending spam with or without notice. We will make available, upon request, the source of the complaint(s). We will NOT make available the actual complaint if it involves disclosing any personally identifiable information of the party filing said complaint. Unsolicited is defined by the N2RWE APRS Tracker but not limited in definition to, e-mail or private messages sent to recipients who have not asked to be contacted by you, for the sole purpose of promoting a website, commercial or non-profit business, or any other activity using your e-mail account, or other content stored on our servers.
The N2RWE APRS Tracker reserves the right to require changes, or disable as necessary, any account or other component that in not in compliance with this policy, at its sole discretion. The N2RWE APRS Tracker also reserves the right to make any such modifications of submitted content, scripts, or account in an emergency, at our sole discretion.
You agree to supply the appropriate payment for any N2RWE APRS Tracker paid services, upgrades, and/or products you have purchased from the N2RWE APRS Tracker, in advance of the time period (billing cycle), or shipping (physical goods) during which products and/or services are provided. You agree that until and unless you notify the N2RWE APRS Tracker of your intention to cancel any service(s) received, those services will be billed on a recurring basis. The N2RWE APRS Tracker reserves the right to change the monthly payment amount and/or terms, and any other charges with 30 days advance notice.
ACCOUNT CANCELLATION / TERMINATION / REFUNDS
The N2RWE APRS Tracker reserves the right to close any account at any time and for any reason. Customers may also elect to close their account at any time. The N2RWE APRS Tracker offers an unconditional 30 day money back guarantee on all services and/or service upgrades for first-time customers. Specific products and/or services may have specific terms that supercede this policy as needed; please check any product or service licensing agreements for specific details. Refund requests made after 30 days will not be refunded. Accounts cancelled/terminated by the N2RWE APRS Tracker do not qualify for any money back guarantee. Paid services must be cancelled at least 5 business days before the start of the next billing cycle to avoid additional charges.
While we strive to make every effort to protect the resiliency and integrity of your data, this contract in no way obligates us to create, store, or provide a backup of any account. Your use of any N2RWE APRS Tracker service is at your sole risk. The N2RWE APRS Tracker is not responsible for any files and/or data residing in any of your accounts. You agree that it shall be your full responsibility for maintaining appropriate backups for all files and/or data transferred to and/or stored on the N2RWE APRS Tracker servers.
The N2RWE APRS Tracker is an advertising-supported service. We reserve the right to place advertising in any area of the service as well as each e-mail generated by our services. Any attempt to circumvent our advertising in any way will result in an immediate account termination and/or ban from use of the services.
Free services come with no guarantees, expressed nor implied. The following guarantee only applies to paid services. If at any time during a billing period your service has downtime, defined as downtime not caused by a violation of this agreement, that is not within our 99.7% up-time guarantee you may receive at your request a credit to your account based on your current billing cycle for the amount of time the service was unavailable. Approval of such credit must be requested using e-mail and is at given at the sole discretion of The Service. The N2RWE APRS Tracker shall make the sole determination of system up-time. The up-time of the service shall be defined as the reported availability from the operating system of the server and network.
RESOURCE UTILIZATION / FAIR USE POLICY
To maintain our high quality of service for all customers, the N2RWE APRS Tracker may impose some limitations on the resources available to our services.
You acknowledge that these resource allocations are optimized towards serving documents and databases. and that other services, including but not limited to FTP and/or e-mail are not to be used as an offsite storage area for electronic files, a provisioning service for third party email, FTP, or other web services. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website.
By accepting this agreement you acknowledge that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. By accepting service provided by the N2RWE APRS Tracker you acknowledge and understand that server technology limits the amount of available resources for use, including but not limited to disk storage space, CPU processing power, memory, and network access speed. The N2RWE APRS Tracker makes use of all available measures to utilize the latest, and most economically feasible cloud server technology available to provide our services. It is furthermore acknowledged and understood that all provided services are of a shared-infrastructure nature, and other users are sharing the service.
While we hope that you will find the N2RWE APRS Tracker service(s) to be useful, we recognize that our service(s) are not for everyone. The service reserves the right to remove any inactive account, at any time, and for any reason. An inactive account is defined as not having been logged into by the account holder for at least 1 year or for which the contact information for the account holder is not valid.
This service is provided “as-is”, with any and all faults, and as availability permits. We do not guarantee the accuracy or timeliness of information available from the service. The N2RWE APRS Tracker gives no written, expressed, nor implied warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot supercede. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
RIGHT OF REFUSAL / RIGHT OF REMOVAL
We reserve the right to refuse service to anyone, at any time, for any reason. Any material that we in our sole judgment determine to be obscene, threatening, inappropriate, and/or illegal will be removed from our servers with or without notice depending on the severity of the violation. Failure to respond to an abuse notification email within 24 hours may result in the suspension or termination of your services. All abuse issues relating to your account must be resolved to our satisfaction within 48 hours from the initial notification.
This Terms of Service/Acceptable Use Policy may be amended, at any time, at the discretion of the N2RWE APRS Tracker without notice. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be posted in the What's New section of The Service, but remain your responsibility to keep up to date.
Customer agrees that it shall hold harmless, save, defend, and indemnify the N2RWE APRS Tracker from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against the service, its agents, assigns, customers, officers, and employees, that may arise from, or result from any service provided, performed, agreed to be performed, or any product sold by customer, its agents, assigns, or employees. Customer agrees to hold harmless, save, defend, and indemnify the N2RWE APRS Tracker against liabilities arising out of; any injury to person or property caused by any products sold, otherwise distributed in connection with the N2RWE APRS Tracker; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement, and any defective products sold to customers from the N2RWE APRS Tracker’s server(s).
The N2RWE APRS Tracker shall not be responsible for any damages of any kind that The Customer, or The Customers' business may suffer as a result of using any services provided. The N2RWE APRS Tracker makes no warranties of any kind, expressed or implied for any of the services we provide. The N2RWE APRS Tracker disclaims any warranty and/or merchantability or fitness for a particular purpose. This includes but is not limited to loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by the N2RWE APRS Tracker, its employees and assigns.
The N2RWE APRS Tracker may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. The N2RWE APRS Tracker is a law-abiding company; we will cooperate fully with law enforcement agencies upon request.