Terms of use

These terms are an agreement between you and Brian Bathe, an Ohio sole proprietor doing business as WXNetMan (“WXNetMan,” “we,” “us”). They govern your use of the WXNetMan marketing website and the WXNetMan application. By using either, you agree to these terms. If you do not agree, do not use the website or application.

How we handle information is described in the Privacy notice. An organization’s use of the application is also covered by the Data Processing Addendum. An organization using WXNetMan may also set its own rules for how members enter and handle operational reports.

Who these terms cover

The marketing website is public and does not provide application accounts. Access to the WXNetMan application is invite-only. Organizations are set up directly. Members are invited by a Net Manager or by WXNetMan.

The application is intended for organizations in the United States only. We do not knowingly target or offer the application to organizations in the European Economic Area. If an organization is located in the EEA, it must not use the application.

Radio net procedures and official systems

WXNetMan is a support tool for report handling. It is not an official emergency alerting or dispatch system. It does not replace radio net procedures, incident command, or official agency systems. You and your organization must independently verify critical information before acting on it.

Accounts and access

This website and the WXNetMan application are not directed at children under 13. An application account is for someone 18 or older. By using an account, you represent that you are 18 or older. Organizations must not invite anyone under 18. We do not independently verify age. If we learn an account belongs to someone under 18, we will close it.

• You may use only an account issued for you. Do not share sign-in credentials or attempt to access another person’s account.
• A person may belong to more than one organization. Membership, display name, and role are specific to each organization.
• Organization leaders control invites, roles, and removal of members. We may suspend or revoke access to protect the service or address misuse.

Acceptable use

You agree not to:

• Use the service for unlawful activity, or to enter false or knowingly misleading operational information
• Attempt to bypass authentication, role limits, or organization boundaries
• Probe, disrupt, or overload the service, or interfere with other organizations’ use
• Scrape, harvest, or republish non-public application data except as your organization authorizes for its own operations
• Use the service to send spam or unauthorized messages through configured email recipients, Slack, Discord, or Teams

Operational content and organizations

Reports, notes, assignments, delivery choices, and related net records are entered by authorized members for their organization’s Weather Net operations. The organization is responsible for how its members use the service, which destinations they configure, and how exported records are retained or shared outside WXNetMan.

Finishing a report may send information to destinations your organization configures, such as configured email recipients, Slack, Discord, or Teams. Delivery depends on those destinations and their providers. WXNetMan does not guarantee delivery to external systems.

If your organization configures email recipients, Slack, Discord, Teams, or another destination, you and the organization are also subject to that provider’s terms and policies. WXNetMan is not a party to those terms and does not control those services. If those providers change their services, terms, or interfaces, delivery may fail or stop. WXNetMan is not responsible for those changes and does not guarantee that configured destinations will keep working.

Service availability

We work to keep the marketing site and application available and reliable. The service may be interrupted for maintenance, outages, or circumstances outside our control.

WXNetMan targets service availability of 99% or greater in any calendar month, excluding scheduled maintenance and events outside our control as described below. We do not offer service credits or financial remedies for downtime. Availability is measured at the application level. Actual availability is not guaranteed. Current service status is available at uptime.wxnetman.com.

Changes to the service

We may modify, suspend, or discontinue a feature or the service as a whole. For a planned feature removal or a planned discontinuation of the service, we will notify account holders at the email address on the account, or the organization contact we have on file, at least 14 days in advance. We may act without prior notice to address security, misuse, legal requirements, or unplanned outages.

Export of data

Organizations may export operational records using available features in the application. Export availability does not create an obligation for indefinite retention of records by WXNetMan.

Events outside our control

WXNetMan is not responsible for failures or delays caused by events beyond our reasonable control. These include severe weather, natural disasters, utility or internet outages, cloud service disruptions, acts of government, and other extraordinary events.

Business continuity

If WXNetMan ceases operations for any reason, including circumstances affecting the sole proprietor, we will use commercially reasonable efforts to provide at least 14 days’ notice to organization contacts on file and to make export functionality available during that period. If extraordinary circumstances prevent advance notice, we will use commercially reasonable efforts to facilitate data export for at least 30 days after active service stops.

Intellectual property

WXNetMan branding, website content, and application software remain our property or that of our licensors. These terms do not transfer ownership of the software. You retain rights in operational content your organization enters, subject to the access and processing needed to provide the service.

If you send us feedback, ideas, or suggestions, we may use them without restriction or compensation. That does not change your organization’s rights in operational content it enters.

Disclaimer

The website and application are provided as available. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of harmful components.

Limitation of liability

To the fullest extent permitted by law, WXNetMan, its owner, employees, contractors, and agents are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or operational decisions made using the service. Our total liability for claims arising from these terms or use of the service is limited to the amounts you paid us for the service in the twelve months before the claim, or one hundred U.S. dollars if you paid nothing.

Some jurisdictions do not allow certain disclaimers or limits. In those places, the limits apply only to the extent allowed.

Indemnification

Each party agrees to indemnify and hold harmless the other party and its officers, employees, contractors, and agents from third-party claims, damages, and reasonable attorney fees to the extent arising from:

• that party’s material breach of these terms; or
• in the case of an organization, the acts or omissions of its members in using the service on its behalf in violation of these terms.

Each party’s obligations under this section are limited to the extent permitted by applicable law. Nothing in this section waives any immunity from suit or liability to which either party is entitled under applicable federal, state, or local law.

Payment

If your organization pays for the service, fees are billed as agreed in writing. “In writing” includes email confirmation or a signed agreement or order form. We do not provide partial-period refunds unless we agree in writing. If payment is late, we may suspend access after notice to the organization contact we have on file. If we agreed to different pricing with your organization in writing, that writing controls the fees.

Termination

You may stop using the service at any time. We may suspend or terminate an individual’s or an organization’s access to protect the service or address violations of these terms, including misuse, security risks, or conduct that affects stability. For a planned termination of an organization, we will notify the organization contact we have on file at least 14 days in advance. We may suspend without prior notice to address security, misuse, or legal requirements.

Upon termination, the organization may request export of operational records, subject to the availability of export features in the application. After we close an organization, we retain operational records for at least 60 days so the organization can request export. We will notify the organization contact we have on file when an organization’s account is closed and again 14 days before records may be deleted. After the 60-day period, we may delete those records. Export records your organization is required to keep. Do not treat WXNetMan as the primary records repository. Termination does not automatically erase historical net records. The Privacy notice describes retention and attribution after a member or organization leaves.

If a security incident affects personal information, we will notify as described in the Privacy notice.

Governing law and disputes

If there is a dispute, contact us at support@wxnetman.com first so we can try to resolve it. If we cannot, both sides agree to try non-binding mediation before filing a lawsuit. These terms do not require arbitration. If a court action is needed, these terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any court action arising from these terms must be brought in a court of competent jurisdiction in Ohio.

Changes

We may update these terms. The “Last updated” date above identifies the current version. If a change is material, we will notify account holders at the email address on the account, or the organization contact we have on file, at least 30 days before the change takes effect. Changes needed to comply with law or to address security or misuse may take effect on posting. Continued use after the effective date means you accept the updated terms. If you do not agree, stop using the website and application.

Other terms

If a court finds any part of these terms unenforceable, the rest remains in effect. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

These terms, the Privacy notice, and the Data Processing Addendum are the agreement for the service. The DPA applies to an organization’s use of the application. If your organization also has a signed written agreement with us, that agreement also applies. Where it speaks to pricing, it controls the fees. All other matters are governed by these terms, the Privacy notice, and the DPA.

Contact

WXNetMan is operated by Brian Bathe, an Ohio sole proprietor.

1891 Hart Rd.
Lebanon, OH 45036

Questions about these terms can be sent to support@wxnetman.com.

Related: Privacy notice and Data Processing Addendum.