Terms of Service

Service
By visiting this Web site and/or using or purchasing goods and/or services (collectively “Services”) from or through this Web site, you agree to be subject to the terms and conditions set forth herein and all applicable laws. We reserve the right to revise these terms and conditions and any product offerings or pricing at any time, without prior notice to you.

This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access to Services provided by NextDesktop.com constitutes your agreement to these Terms.  NextDesktop.com (as defined below) reserves the right to make changes to the NextDesktop.com Privacy Statement or these Terms of Service, or of any material changes affecting their service.
It is your responsibility to keep NextDesktop.com notified of any changes to your e-mail address or other contact information to assure that customers receive all such notices from NextDesktop.com. Billing and contact information can be updated directly through the NextDesktop.com Control Panel or by contacting NextDesktop.com's Support department at Support@NextDesktop.com. Customers are responsible for keeping billing information up to date. NextDesktop.com reserves the right to suspend an account if, for any reason, we are not able to process payment through the credit card or payment is outstanding. You can review and correct information through the "Edit Billing Details " link in the Control Panel.

If your account is suspended due to non-payment or , for any other  reason, you will be required to pay the entire balance due plus an additional 6.5% of the total balance due prior to your account being re-enabled.
If a check received by us for payment is returned for any reason, NextDesktop.com reserves the right to suspend or cancel service until the payment plus a $35.00 returned check fee, has been received by us. NextDesktop.com reserves the right to accept only US Postal money orders as payment if any check is returned for any reason. We may also require that you pay by credit card for future payments.

Refund and Cancellation Policy
Unless specifically noted otherwise for the service that you signed up for, you are free to cancel your service at any time.
If you purchase a service that includes a 30-day trial, you are allowed to make full use of the service after signup. If you decide to cancel such service for any reason, you must send an e-mail within 30 days of your signup date to Support@NextDesktop.com and we will reply to your email with a form in order to verify your identity; once we receive the completed form, we will cancel the service within one business day and you will not be charged any setup or recurring fees. However, if you do not cancel during this 30-day trial period, then you will be obligated to pay all fees that you have incurred from the signup date until your cancellation date.

If you purchase a service that includes a 30-day money-back guarantee, NextDesktop.com will refund all monthly fees previously paid by you upon your request. The 30-day money-back guarantee refers to credit-card payments only. Due to the costs associated with processing payments made by check, we are not able to offer the 30-day money-back guarantee for customers who utilize these payment methods other than by credit card.

Set-up fees, fees for products not included in your service - such as domain names and monthly charges incurred after the first 30 days are not refundable.
If you select the quarterly or annual payment option and choose to cancel your account, after the first 30 days you may be eligible for a partial refund. NextDesktop.com will charge you the current monthly rate for the months you were a customer and refund any balance. Your refund will generally be made in the same form of payment you choose to use when paying for your service (e.g., credit card, check or Western Union).




 
User Data
Pursuant to NextDesktop.com's Privacy Statement, NextDesktop.com may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or as  is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the NextDesktop.com privacy policy, http://nextdesktop.com/privacy-statement.html as may be amended from time to time.

NextDesktop.com Service and Content
NextDesktop.com Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be stored on or transmitted through any servers hosted by NextDesktop.com that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the content hosted by NextDesktop.com.  NextDesktop.com shall have the immediate right, at its sole discretion to terminate Services pursuant to any unlawful use of the Services without prior notice to Reseller.
Reseller Program
By signing up a customer to NextDesktop.com, the Reseller agrees both on behalf of themselves and on behalf of each customer signed up by such Reseller, to NextDesktop.com’s latest Terms of Service. In the event any customer account is determined by NextDesktop.com to be in violation of these Terms of Service, Reseller shall upon receipt of 48 hours notice from NextDesktop.com to such effect, take prompt steps to remedy such situation, so that the account is in full compliance with these terms of Service as determined by NextDesktop.com. Should Reseller fail to remedy any failure to abide by the Terms of Service or should a customer of Reseller fail to abide by the Terms of Service and not remedy such failure, NextDesktop.com shall have the immediate right to terminate any and all Services without prior written notice to Reseller or customer of Reseller.  
NextDesktop.com is not responsible for the actions, or misrepresentations of Resellers. Reseller hereby agrees to indemnify NextDesktop.com from and against any and all claims made by any such customer which result from Reseller's misrepresentation, breach of these Terms of Service or other improper actions of such Reseller. NextDesktop.com reserves the right to revise its Reseller program and these Terms of Service at any time. Changes shall take effect when posted to this site by NextDesktop.com.
Customers who have been signed up by such Resellers hereby agree to operate their web sites in accordance with these Terms of Service.
Reseller assumes all responsibility for the billing and technical support for each customer signed up by such Reseller. NextDesktop.com reserves the right to refuse any inquiry made to technical support by each customer signed up by any Reseller.
Spam Policy
Due to strict SPAM prevention policies implemented by 3rd party e-mail systems (such as AOL and Hotmail) and our mission to provide reliable e-mail service to our customers, we have a policy of zero-tolerance towards any e-mails sent out by a customer that may jeopardize our ability to deliver other customers e-mails to 3rd party mail systems.  Violation of this Spam Policy shall result in immediate termination by NextDesktop.com.

Our e-mail hosting service is not designed for sending out large quantities of e-mail marketing messages. There are 3rd party companies that exclusively focus on delivering marketing e-mails, such as http://www.ConstantContact.com , http://www.JangoMail.com , and http://www.topica.com. Please note that we do not recommend any of these companies; rather they are listed just as examples.

The sending or facilitation of sending bulk e-mail of any kind, other than verifiable, Double Opt-in email is strictly prohibited. Additionally, such Double Opt-in e-mail must be limited to a total of 200 e-mails per calendar month across all users in your account. If you need to send out a larger quantity of e-mails, then you must use a third-party e-mail marketing service. Double Opt-in means that when the user enters their email address on your website, they are sent an email CONFIRMING the opt-in, requiring them to click a LINK to verify that they opted in for your mailing. You may not mail to that email address unless they have confirmed the opt-in. At any time, upon NextDesktop.com's sole discretion, you may be required to provide documented proof that all of your end-users have CONFIRMED an opt-in. This can be done by storing the IP address, a date-timestamp, and a unique ID for the confirmation. At its sole discretion, NextDesktop.com will determine from all of the evidence whether the email recipients were from an "Double Opt-in" email list and take appropriate action.
Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a NextDesktop.com-hosted Web site listed as the contact address, or any use of NextDesktop.com's Services or systems associated in any way with such mailings is strictly forbidden. NextDesktop.com will immediately terminate, without any warning, the account of any customer who conducts these activities. NextDesktop.com also reserves the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. NextDesktop.com reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. To report spam, please forward the spam with all original headers to abuse@NextDesktop.com.
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in NextDesktop.com's sole discretion. Further, NextDesktop.com shall report, and you  hereby waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by NextDesktop.com in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of NextDesktop.com, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at abuse@NextDesktop.com. Complaints may be investigated by NextDesktop.com but NextDesktop.com is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of NextDesktop.com. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to: support@NextDesktop.com.
 
TERMINATION
NextDesktop.com may terminate this Agreement and your access to any or all Services at any time, with or without cause, effective immediately. NextDesktop.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by NextDesktop.com to have violated these Terms of Service may be barred from receiving any Services from NextDesktop.com.

You may terminate this Agreement at any time by way of the following process: 1) send an email to Support@NextDesktop.com to request a cancellation form to which we will respond with the form within one business day, and 2) fill out the cancellation form and send it back to us. Once we receive your completed cancellation form, we will cancel all Services and such date will be considered the date of termination.
Termination, by us or you, does not release you of any past or current fees owed for Services rendered through the date of termination.
 
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF NextDesktop.com AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL NextDesktop.com BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (I) NextDesktop.com AND/OR ITS CONTENT, (II) ANY TOOLS OR SERVICES ON NextDesktop.com, (III) ANY CUSTOMER CONTENT ON NextDesktop.com'S SERVERS, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING NextDesktop.com.

WARRANTY LIMITATION
NextDesktop.com AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH NextDesktop.com IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY NextDesktop.com.

Severability
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

Waiver Of Jury Trial
Both you and NextDesktop.com hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and NextDesktop.com each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.

Complete Agreement: Governing Law
This offer and your acceptance of these Terms represents the entire agreement between you and mindSHIFT Technologies, Inc., a Delaware corporation, d.b.a. NextDesktop.com and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by NextDesktop.com or by written agreement by an authorized officer of NextDesktop.com (provided, however, that any such revised posting shall take effect prospectively from the date of the posting).  The Terms and the relationship between you and NextDesktop.com shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without reference to its principles of conflicts of law.

Miscellaneous
These Terms shall bind and benefit the successors and heirs of the parties.
By visiting this Web site and/or using or purchasing goods and/or Services from or through this Web site, you consent to the federal and state court of the Commonwealth of Massachusetts having jurisdiction over you.