All services provided by Netmasons ("Netmasons") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Netmasons from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Netmasons' servers, or any other server on the Internet. Links to such materials are also prohibited.
Indemnity
You agree to indemnify, defend, and hold harmless Netmasons, its officers, directors, and employees from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by the subscriber or any other person accessing the service using the subscriber's account.
Disclaimer of Warranties
Netmasons disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the platform. Netmasons disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Netmasons disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the platform.
THE PLATFORM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PLATFORM ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. NETMASONS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NETMASONS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PLATFORM. NETMASONS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PLATFORM. NETMASONS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PLATFORM.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Uptime
Netmasons service level is 99.95% uptime on all gift card storefronts. Should we fail to deliver this for any given calendar month, your account will be refunded a specified amount for the duration of excessive downtime. Down time caused by third parties does not count against the uptime guarantee. If the service level falls below 99.95%, 10% of the month’s service payment will be refunded. Below 95% will result in a 25% refund. Below 90% results in a 50% refund, and below 80% will result in a 100% refund for the month.
Service Fees
Certain services carry a setup fee charged by Netmasons to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Netmasons and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Cancellation Refunds
We do not refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Limitation of Liability
Netmasons shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages; including but not limited to damage for loss of profits, data, or other intangible losses resulting from the inability to use our platform or service. Netmasons integrates with various third parties and cannot be held liable for consequences resulting from these third parties. These limitations of liability extend to Netmasons employees.
Our service is provided on as an "as is" and "as available" basis without any warranty or condition, implied or statutory. Netmasons does not warrant that the platform will be without errors or interruptions.
Netmasons holds no responsibility for the use of our clients' accounts.
What this means: Netmasons cannot be held liable for system down time, chargebacks, crashes or data loss whether due to a 3rd party or Netmasons. We cannot be held liable for any predicated estimate of profits which a client would have gained if the site was functioning.
Modification of Services, Terms & Pricing
Netmasons reserves the right to amend any or all of the above policies, guidelines and disclaimer. Netmasons retains the right to increase any pricing and make changes to account plans with a 60 days' notice.
Netmasons reserves the right at any time, to modify or discontinue the service with or without notice.
Account Activation
By activating your account with Netmasons, you agree to the above policies and disclaimer. Upon activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.