Acceptable Use and Privacy Policy
nGenX Corporation ("nGenX") has formulated this Acceptable Use and Privacy Policy ("AUPP"), in order to set forth terms regarding the responsible use of nGenX's network and any associated equipment, systems, Internet services, and web sites (collectively the "Services") by our customers and other users of the Services (collectively, "Users"). This AUPP applies to our website and our Internet Services only.
PLEASE READ THIS ACCEPTABLE USE AND PRIVACY POLICY CAREFULLY BEFORE USING ANY THE SERVICE(S). BY USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AUPP AS SPECIFIED BELOW AND TO THE TERMS AND CONDITIONS OF SERVICE IN THE AGREEMENT YOU SIGNED WITH nGenX WHEN SERVICE WAS INSTALLED AT YOUR PREMISES ("Terms and Conditions"). IF YOU DO NOT AGREE TO ANY PART OF THIS AUPP AND/OR TERMS AND CONDITIONS, DO NOT USE ANY OF nGenX SERVICES.
You represent that you have read and agree to be bound by the AUPP and Terms and Conditions, and that you are at least eighteen years of age. nGenX may revise and update this AUPP and/or Terms and Conditions at any time by posting the amended terms to the nGenX web site. Your continued use of the Service(s) means that you accept and agree to the revised AUPP and/or Terms and Conditions. If you disagree with the AUPP and/or Terms and Conditions (as amended from time to time) or are dissatisfied with the Services, your sole and exclusive remedy is to discontinue using the Services. You should visit the AUPP and Terms and Conditions often to be aware of any updates.
Privacy Policy
nGenX respects the privacy of its Users. The purpose of this Privacy Policy is to explain the
types of information nGenX obtains about Users, how the information is obtained, how it is
used, how it may be disclosed to others, and how Users may restrict its use or disclosure. This
Privacy Policy only applies to nGenX's Internet Services.
Personally Identifiable Information: The only personally identifiable information nGenX obtains about individual Users through the Services it provides is information supplied voluntarily by the User. Users may provide nGenX with name, address, telephone number, billing information, email address, domain name or URL or other personally identifiable information that nGenX may use for its own business purposes. nGenX may share such information with its partners which perform certain services for nGenX and such partners shall have access to User information, to the extent needed to perform their services or as necessary to advance nGenX business purposes, including the purpose of contacting Users about new products and services, which may be of specific interest to Users. However, our partners may not use such User information for any other purpose.
Non-Personally Identifiable Information: nGenX does collect some non-personally identifiable generic information about Users as a means of measuring the effectiveness of the Services. nGenX servers monitor and identify certain User information in the normal course of operation. We collect this information only in the aggregate and use it to evaluate and improve the Services delivered and to provide targeted information that may be of interest to Users. The following are examples of non-personally identifiable generic information.
IP Addresses: An IP address is a number that is automatically assigned to a User's computer whenever that User is using the World Wide Web. Web site servers can automatically identify individual computers by their IP address. nGenX collects IP addresses for the purposes of system administration and to report aggregate information. nGenX does not intentionally link IP addresses to any personally identifiable information.
Cookies: Cookies are pieces of information that are used for record-keeping purposes. Cookies allow nGenX to save certain information about a User, such as a password or individual preferences, in order to facilitate and enhance the User's future use of the Services. nGenX will not use cookies to retrieve information from a User's computer that was not originally sent in a cookie. Except as otherwise provided in this policy, nGenX shall not use information transferred through cookies for any promotional or marketing purposes, and shall not share that information with any third parties for any reason.
Computer Settings: Settings, technical and other information from your computer, such as your operating system, browser version, connectivity, various communication parameters and other information related to the operation and interaction of the Services may be collected by nGenX. Except as otherwise provided in this policy, nGenX will use such information solely in order to provide technically appropriate formatting of information provided by nGenX and access to the Services. The collection of this information will not include any personally identifiable information about you or any individual User.
General Conduct
The Services may be used only for lawful purposes. Transmission, distribution or storage of
any material in violation of any applicable law or regulation coming to or from any unauthorized
network or system is prohibited. Unlawful purposes include, without limitation, unauthorized use
of any of the following: material protected by copyright, trademark, trade secret or other
intellectual property rights; government and military data protected by law and national
security; or, university and academic data protected by public policy; or dissemination of
material that is obscene; defamatory; or, constitutes wire fraud; an illegal threat; is
abusive; obstructive; an invasion of privacy; harassing or libelous; or violates export control
laws; or that constitutes "Hate Speech;" or that encourages conduct that would constitute a
criminal offense, gives rise to civil liability, or otherwise violates any law. Any violation
of the above, which compromises the integrity of the Services or any other network, is strictly
prohibited. Users shall not use the Services in a manner that may expose nGenX to criminal
or civil liability. Users are further prohibited from assisting any other person in violating
any part of this AUPP.
Non-Participation: Any User who does not wish to receive further contact from nGenX should send a written request that nGenX not contact the 'non-participating' User. Please send the written request by U.S. mail in an envelope clearly marked "Privacy-Urgent" to nGenX 8829 Bond Street, Overland Park, KS 66214, Attn: nGenX Corporation Corporate Counsel.
Disclosure Pursuant to Legal Process: nGenX shall, pursuant to applicable law, regulation or legal process, such as a search warrant, subpoena or court order, allow access to all available and relevant User information in order to comply with such process and protect nGenX's or a User's rights and property. nGenX may also allow access to this User information in special emergencies where physical safety is at risk.
Transfer of Business Assets: nGenX considers its User information to be one of its business assets. Should nGenX sell or transfer all or substantially all of its business assets to another entity, the User information will be transferred as a business asset.
Third Party Websites: This website may contain links to third party websites. These links are provided solely as a convenience. nGenX does not endorse any third party websites. Access to any other website through any links provided on this website is at your own risk and nGenX is not responsible for the content, accuracy, reliability or the privacy practices of third party Web sites, including Web sites reached through the Services. Other Web sites may have different privacy policies, or no policy. Users should review the privacy policies of any Web site before providing personal information.
nGenX RESERVES THE RIGHT TO MODIFY THE PRIVACY POLICY FROM TIME TO TIME IF IT MODIFIES ITS PRACTICES REGARDING THE COLLECTION OR USE OF USER INFORMATION OBTAINED FROM USERS IN THE FUTURE.
Availability of Content and Services
User understands and acknowledges that nGenX reserves the right to restrict any content or
services that may otherwise be available through the Services if, in nGenX's sole opinion, its
network or business is put at risk or the capacity of its network is diminished. nGenX
reserves the right to charge third party content and/or application service providers, who
use nGenX's network for commercial purposes in competition with nGenX's current or future
content or application services, a reasonable network access fee to gain access to its network.
Responsibility for Content
User is solely and exclusively responsible for any material User distributes, copies, creates, or
otherwise makes available through the Services. nGenX takes no responsibility for any material
created or accessible on or through the Services, or the Internet. You shall be solely responsible
for all content available on or through your web site, if any, and nGenX