Terms of Service

Network Telephone Services - Terms of Service

Last Revised: May 11, 2026

Welcome! You have arrived at www.nts.net. These Terms of Service (“Terms”) will govern your use of this www.nts.net website and any of our other online applications, platforms, services offered, or any information and/or entertainment services appearing or linked through this website, or through the real-time telephonic communications that are offered through Network Telephone Services Inc. This www.nts.net website is referred to hereafter as the “Site”. Network Telephone Services Inc. operates as an Information Platform as a Service (“IPaaS”). These Terms will collectively apply to any and all of the premium information and entertainment services, programs, features, widgets, plug-ins, applications, content, downloads, additional features and all other services or programs that Network Telephone Services Inc. may own or control or makes available through the Site, or through the real-time communications that are offered via toll free telephonic access or any other applications that may post or link to these Terms of Service (hereafter, the “Service”), regardless of the method for how you access or use it, whether via computer, mobile device or otherwise.

Network Telephone Services Inc. (which may be referred to throughout these Terms as either “NTS”, or, as “we”, “our” or “us”) is the owner and operator of the Site and the Service. In these Terms, we use the term “you” to refer to any user of the Service. We also use the term “user” to refer to any natural person who uses the Site or the Service. By your use of the Site or the Service, you represent and warrant that you have read and have agreed to all of these Terms.

PLEASE READ THESE TERMS CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE AND THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE.

TABLE OF CONTENTS

• ENROLLMENT
• MODIFICATION OF THESE TERMS
• ACCEPTABLE USE POLICY
• NOTICES, QUESTIONS AND CUSTOMER SERVICE
• WIRELESS AND LOCATION BASED FEATURES
• DISPUTE RESOLUTION/ARBITRATION
• DISCLAIMER
• LIMITATION ON LIABILITY
• GENERAL PROVISIONS

ENROLLMENT

1. In order to access the features on the Service, you must first register through our telephonic or online registration process. If we are unable to obtain the required personal information or you fail to authenticate your identity as may be required, the services for which you seek will be limited. Upon completion of the enrollment process, you will become eligible to obtain access to the telephonic or online services for which you have enrolled or registered. Please keep all of your personal information updated and accurate.

2. Modifications to User Access Terms. NTS reserves the right, at any time, to change its user access methods for the Service, effective immediately upon posting on the Site or by any other manner

3. Refunds. Generally, all charges for purchases through the Service are nonrefundable. NTS may correct any billing errors or mistakes even if it has already requested or received payment.

↑Return to the table of contents

MODIFICATION OF THESE TERMS

NTS may, in its sole discretion, modify or revise these Terms at any time by updating this page. You agree that we may notify you of other Terms by posting them on the Service (or in any other reasonable manner of notice which we elect). If you continue to use the Service after any such modification or revision, then you are bound by such modification or revision. You should therefore visit this page periodically to review these Terms. If any modification or revision is not acceptable to you, then you are not permitted to continue using the Service.

In some situations, these Terms as well as separate guidelines, rules, or terms setting forth additional or different terms and/or conditions will apply to your use of a specific or product offered via through the Service. To the extent there is a conflict between these Terms and any additional Terms, the additional Terms will control unless the additional Terms expressly state otherwise.

↑Return to the table of contents

ACCEPTABLE USE POLICY

NTS has created this Acceptable Use Policy ("AUP") to provide good service to our customers and to ensure the security and privacy of the services that NTS provides to its customers (the “Services”). By using the Services, NTS’s customers acknowledge and agree to the terms of this AUP. The terms of the AUP may be updated by NTS in the future and the customer should stay acquainted with the most recent version of the AUP posted by NTS to its customers. If you do not agree to the terms of the AUP, the customer must immediately cease any use of the Services.

1. USE OF THE SERVICES. The customer is responsible for any misuse of the Services that occurs through use of the customer's account, whether authorized by the customer or through an unauthorized third-party. Customer is responsible for the telephone number(s), the e-mail address and all of the contact information associated with the customer's account. Customer must ensure that unauthorized third parties do not gain access to the Services using the customer’s account. Customer is responsible for the security of any device the customer chooses to connect to the Services.

2. PROHIBITED ACTIVITIES. Any use of the Services which may violate NTS’s network security is strictly prohibited. These violations may include the following: a. Unauthorized access to the systems and networks in place for the provision of the Services, including any attempt to test the vulnerability of the NTS network, or to breach the security or authentication measures that NTS has in place on its network. b. Monitoring of data or traffic on the NTS network without NTS’s express written authorization. c. Interference with the Services by the customer or any other user, including mail bombing, flooding, or denial of service attacks. d. Tampering or attempting to tamper with any hardware, software, or configuration pin place for the provision of the Services. e. Disrupting anything involved with the provision of the Services by any means.

3. NO ILLEGAL OR FRAUDULENT USE. The Services may only be used for lawful purposes. Customer will not use or allow others to use the Services in any manner that is in violation of any applicable federal, state, local or international laws, rules or regulations. Customer will not use the Services to promote or engage in any illegal activity that violates or infringes upon the rights of any person. The transmission of any communication using the Services in violation of any applicable law or regulation is strictly prohibited. This prohibition includes any material that is protected by copyright, trademark or other intellectual property right that is used without authorization.

4. NO UNSOLICITED COMMUNICATIONS. No user of the Services may send unsolicited bulk email or any type of electronic communication including any other type of communication that the recipient did not directly request from the sender. All messaging services must comply with the Federal, State, and Local law.

In particular, users of the Services may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send messages to anyone that has expressly requested not to receive messages from a user is considered to be harassment. The customer is always responsible for maintaining confirmed opt-in records and must provide them to NTS upon request. The term "opt-in" means that recipient has expressly signed up to receive such communications from the user voluntarily.

5. NO SYSTEM INTERFERENCE. The customer will not use, or allow others to use or access the Service to disrupt, interfere, degrade, or otherwise adversely affect NTS’s network or equipment used to provide the Services.

6. SECURITY. The customer is responsible for the security of any device that the customer uses to connect to the Services. The customer must take all steps necessary to avoid actions that result in causing an issue or an abuse to the network that provides the Services. On notification from NTS to the customer, the customer is required to address any such problem promptly and effectively. The customer’s failure to address an issue after notification from NTS will be considered a violation of this AUP.

7. NETWORK. NTS uses reasonable network management practices consistent with industry standards to ensure that its customers have a quality experience using the Services. NTS monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity, as necessary.

8. VIRUSES. NTS customers must take appropriate action to prevent their devices from becoming infected with and/or distributing computer viruses such as but not limited to worms, "Trojan horses", denial of service attacks bots. NTS will take appropriate action to address issues with parties using devices infected with computer viruses or worms to prevent further spread.

9. LEGAL ENFORCEMENT. NTS reserves the exclusive right to investigate any violations of this AUP. In the event NTS determines that a customer or any other user has violated the AUP, NTS will take any responsive action that is deemed appropriate without prior notification. Such action may include: suspension of service, service restrictions, and the termination of services. Further, NTS may take any other legal or technical action it deems appropriate.

10. NO WAIVER. The failure by NTS to enforce any provision of this AUP shall not serve as a waiver of any right for NTS to do so at any future time thereafter.

11. REVISIONS TO THE AUP. NTS maintains the right to update and/or modify the AUP at any time with or without prior notice to its customers or other users. A party’s continued use of the NTS Services is deemed the customer’s or other user’s acknowledgment and acceptance of the terms of this AUP. Customers should regularly review this AUP to ensure that their activities conform to the most recent version. In the event of a conflict between any customer agreement and this AUP, the terms of this AUP will always govern.

NTS RESERVES THE RIGHT, AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT A PARTY’S USE OF THE NTS SERVICES WITHOUT NOTICE IF SUCH USE VIOLATES THIS AUP.

↑Return to the table of contents

NOTICES, QUESTIONS AND CUSTOMER SERVICE

You agree that: (1) NTS may give you notices of new, revised or changed terms and other important matters by posting notice on the home page of the Service, or by updating these Terms of Service, or in any another reasonable manner; and (2) NTS may contact you by push notification or text message to the phone number you supply to us. You agree to promptly notify us if you change your phone number by updating your profile settings. If you have questions regarding the Terms or the Service, you may contact Customer Support by sending an email to [email protected], or writing us at NTS, 21135 Erwin Street, Woodland Hills, CA 91367. You acknowledge that the provision of customer support is at NTS’s sole discretion and that we have no obligation to provide you with customer support of any kind, except to answer any questions you may have about these Terms. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an account and that you submit your customer support inquiries using such account.

All legal notices to NTS must be sent to [email protected].

↑Return to the table of contents

WIRELESS AND LOCATION BASED FEATURES

1. The Service may offer certain features and services that are available to you via your wireless device (“Device”). These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

2. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify NTS of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.

3. If available and if you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

↑Return to the table of contents

DISPUTE RESOLUTION/ARBITRATION

1. Certain portions of this Section VI are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and NTS agree that we intend that this Section VI satisfies the “writing” requirement of the Federal Arbitration Act. If you do not want to arbitrate disputes with NTS and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the Last Revised Date of these Terms, or of the date you first access or use the Service, whichever is later. If you opt-out of these arbitration provisions, we also will not be bound by them.

2. First, Attempt To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, any content, or third party content, these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of NTS’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section VI.6, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this Section VI.2. Your notice to us must be sent to: NTS, 21135 Erwin Street, Woodland Hills, CA 91367. For a period of sixty (60) days from the date of receipt of notice from the other party, NTS and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or NTS to resolve the Dispute or Excluded Dispute on terms with respect to which you and NTS, in each of our sole discretion, are not comfortable.

3. Forums for Alternative Dispute Resolution Arbitration. If we cannot resolve a Dispute as set forth in Section VI.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section VI.3. If we cannot resolve an Excluded Dispute as set forth in Section VI.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and NTS consent, in a writing signed by you and an Officer or legal representative of NTS, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section VI.3. Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if NTS elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and NTS do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section VI.3, then this paragraph and the remainder of this Section VII.3 will not apply to the Excluded Dispute. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of NTS consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA (800.778.7879, http://www.adr.org/) and JAMS (949.224.1810, http://www.jamsadr.com/).

4. Nature, Limitations, and Location of Alternative Dispute Resolution. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to Section VII.8 below. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, with arbitration (a) there is no judge or jury, (b) the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and (c) judicial review of the arbitration outcome is limited. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require NTS to pay a greater portion or all of such fees and costs in order for this Section VII to be enforceable, then NTS will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

5. Limited Time to File Claims. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Excluded Dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in section VII.2) within one (1) year after the dispute arises or it will be forever barred.

6. Injunctive Relief. The foregoing provisions of this Section VII.2 will not apply to any legal action taken by NTS to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any content, any third-party content and/or NTS’s intellectual property rights (including such NTS may claim that may be in dispute), NTS’s operations, and/or NTS’s products or services.

7. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section VII.9.

8. No Class Action Matters. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). Each of us expressly waive any ability to maintain any Class Action in any forum. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section VII.3 holds that this restriction is unconscionable or unenforceable, then our agreement in Section VII.3 to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section VII.9. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

9. Federal and State Courts in Los Angeles, California. Except to the extent that arbitration is required in Section VII.3, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles, California USA. Accordingly, you and NTS consent to the exclusive personal jurisdiction and venue of such courts for such matters.

↑Return to the table of contents

DISCLAIMER

The Service is provided on an “as is”, “as available”, and “with all faults” basis. Your access to and use of the Service is at your sole risk. To the fullest extent permissible by law, NTS and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “NTS Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including any content and/or third party content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any memberships, membership packages, subscriptions, products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of third party content transmitted to NTS or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction. Except for any specific warranties provided herein or provided by a NTS Party, NTS Parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

↑Return to the table of contents

LIMITATION ON LIABILITY

1. Under no circumstances will any NTS Parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Service (including any content and third party content); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by NTS Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. You understand that we monitor your personal information within our network using certain proprietary technologies and database information owned by or under license to us, but not all transactions, including those that might entail the potentially fraudulent use of your information, may be monitored and the scope of the network utilized by us to monitor your personal information may change. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if NTS Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

2. To the fullest extent permitted by applicable law, in no event will NTS Parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Service and your rights under these Terms, exceed an amount equal to the amount you have paid NTS in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by NTS or a manufacturer of a physical product.

3. If you ever claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, third party content, product, Service, or intellectual property owned, licensed, used or controlled by NTS (including any third party content) or a licensor of NTS.

↑Return to the table of contents

GENERAL PROVISIONS

1. As to any provision in these Terms that grants NTS a right of consent or approval, or permits NTS to exercise a right in its “sole discretion,” NTS may exercise that right in its sole and absolute discretion. No NTS consent or approval may be deemed to have been granted by NTS without being in writing and signed by an officer of NTS.

2. These Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California (or the arbitration laws of AAA if applicable), without regard to its conflicts of law provisions. California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

3. You agree to, and you hereby, defend, indemnify, and hold the NTS Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any NTS Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your third party content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the NTS Parties’ use of the information that you submit to us (including third party content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the NTS Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, NTS Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. NTS Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a NTS Party.

4. NTS controls and operates the Service from its U.S.-based offices in the U.S.A., and NTS makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

5. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i)-(iii) above.

6. If any provision of these Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

7. When you communicate with NTS electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. NTS reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by NTS in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to NTS under these Terms. Upon suspension or termination of your access to the Service, or upon notice from NTS, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to NTS in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

9. NTS may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of NTS. Except as expressly set forth in these Terms, (i) no failure or delay by you or NTS in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

10. If you are a government end user, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.

11. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.

12. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however that these Terms are in addition to, and do not replace or supplant, our Privacy Policy. These Terms may only be modified as set forth herein.

↑Back to top