Access to and use of the web pages located at the domain tophosts.com (the “Site”) by you (sometimes also referred to herein as the “User”) is subject to, and constitutes your acceptance of, and agreement to comply with, the following terms and conditions (the “Agreement”). If you have not already done so, please take some time to familiarize yourself with this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue any use of the Site. Also note that the terms and conditions of this Agreement may change from time to time and it is your responsibility to check for such updates on this Site. If any change is unacceptable to you, your sole recourse is to discontinue accessing or otherwise using this Site. Your continued use of the Site shall constitute your acceptance of the Agreement as amended. The last revision date for this Agreement is set forth below
Last revised: January, 2006
Reserved Rights and Grant of Limited License
Copyright (c) 2000, 2001 VerticalScope Inc. All rights reserved.
VerticalScope Inc. (“VerticalScope”) either owns the intellectual property rights, including copyright, or has acquired the necessary licences therein, in and to the information, including, without limitation, all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the “Information”). The User is granted a limited, non-exclusive license to display the Information and print short extracts of the Information for the User’s own personal use only, provided the Information is not modified, identifies the source, bears VerticalScope’s copyright notice as it appears above, and provided further that the User shall be fully responsible for any consequences resulting from such use. Any other use of the Information is strictly prohibited. None of the Information may be otherwise reproduced, republished or re-disseminated, in whole or in part, in any manner or form without the prior written consent of VerticalScope.
Reservation of Endorsement
General. The Site may contain links to other sites. These links are provided for your convenience only as references to help the User identify and locate other Internet resources that may be of interest. Independent third parties, other than VerticalScope, have developed, maintain and operate these other sites and VerticalScope does not assume responsibility for the accuracy, completeness, appropriateness or timeliness of any statements, data, information, opinions, or advice contained at such sites. In providing links to other sites, VerticalScope is in no way acting as a publisher or disseminator of the material contained on those other sites and does not monitor, or maintain any type of control, editorial or otherwise, over such sites. A link to another site should not be construed to mean that VerticalScope recommends, approves or endorses, or is affiliated or associated with, that other site, or is authorized to use any trademark, service mark, trade name, logo, symbol or copyrighted work that may be reflected in the link or the description of the link to other such sites. The User’s access to and use of such sites, whether through use of a link contained on this Site or otherwise, including the use of any material, information, products or services contained therein, are solely at the User’s own risk.
VerticalScope Tools. Certain web pages and services offered by VerticalScope on the Site, including without limitation the FASTFIND database and search engine, provide the User with the ability to perform searches using User-defined parameters to identify and obtain information (including links) on various internet service providers (“ISPs”) and the services they offer as provided by those ISPs. Searches performed using the FASTFIND search engine will provide the User with a list of search results which may be ordered, in part, based upon a monetary sum or other consideration paid by ISPs to VerticalScope. The information listed in all such search results has been entered directly by the ISPs into the FASTFIND database and is not reviewed by VerticalScope.
The identification of an ISP or any other party (collectively, a “Third Party”), and the provision of information related to it, appearing in the results achieved through the use of any tool or service provided by VerticalScope in this Site (including for greater certainty, the FASTFIND database and search engine), whether such information is contained on this Site or linked from this Site, should not be construed as a recommendation, approval or endorsement by VerticalScope of that Third Party or its services, or that there is an affiliation or association between VerticalScope and that Third Party or its services. All reservations noted above under the heading “General” as they apply to linked sites apply equally to the results achieved through the use of any tool or service provide by VerticalScope in or through this Site (including for greater certainty, the FASTFIND database and search engine) and to any Third Party product or service.
All transactions or communications that take place between the User and a Third Party that the User has identified through the use of this Site, including any purchase of services, take place solely between the User and that Third Party. VerticalScope is not involved in any such transactions or communications whatsoever. Any disputes arising from any such transactions or communications between Users and Third Party’s are solely matters to be resolved between those parties and in connection therewith, the User hereby agrees to release, indemnify and hold VerticalScope harmless from and against any and all claims, demands and damages of any kind arising from such circumstances.
Disclaimer of Warranty
THIS SITE AND ALL INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE) ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES, CONDITIONS AND INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VERTICALSCOPE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE OPERATION, TITLE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE SITE AND ALL INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE) IS REASONABLY BELIEVED TO BE RELIABLE WHEN POSTED. HOWEVER, VERTICALSCOPE DOES NOT PROVIDE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY OR RELIABILITY OF, OR ANY RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE OR ANY INFORMATION OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE) OR ANY SITES LINKED TO OR FROM THE SITE. VERTICALSCOPE ASSUMES NO OBLIGATION TO UPDATE THE SITE OR ADVISE OF ANY FURTHER DEVELOPMENTS. INFORMATION AND THIRD PARTY INFORMATION WHETHER CONTAINED ON OR LINKED FROM THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VERTICALSCOPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA, PROFIT, OPPORTUNITY OR SAVINGS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, OR THE INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE), WHETHER BASED IN CONTACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN IF VERTICALSCOPE OR AN AUTHORIZED REPRESENTATIVE OF VERTICALSCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION THE FASTFIND DATABASE AND SEARCH ENGINE) RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ANY COSTS THEREOF. UNDER NO CIRCUMSTANCES SHALL THE CUMULATIVE TOTAL LIABILITY OF VERTICALSCOPE TO YOU ARISING UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER BE GREATER THAN Cdn$10.
Certain words, phrases, names, designs or logos used on the Site constitute trade marks, service marks or trade names of VerticalScope or other entities as indicated. The display of any such marks or names on the Site does not imply that a license has been granted by VerticalScope or such other entities. VerticalScope will take all appropriate legal action necessary to fully and effectively enforce its rights, whether such rights are in respect of a trademark, service mark, copyright or any other intellectual property right or other right of VerticalScope under applicable law, as set out in this Agreement.
User’s Warranties and Representations
The User hereby represents, warrants and covenants that the use of the Site by the User has not and shall not violate any applicable local, national or international law, including, without limitation, any regulations having the force of law. The User hereby covenants not to impersonate another person in the use of the Site or the sending of any email to an address listed on the Site.
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provisions or the User’s domicile, residence, or physical location. The User hereby consents and submits to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Agreement.
This Agreement sets forth the entire agreement between you and VerticalScope in respect of the Site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect. Any failure by VerticalScope to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. The parties have required that this Agreement and all documents relating thereto be drawn-up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
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