Terms of Use

Agreement between User and Blucows

The Blucows Web site is comprised of various Web pages operated by Blucows.

The Blucows Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Blucows Web site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Blucows reserves the right to change the terms, conditions, and notices under which the Blucows Web site is offered, including but not limited to the charges associated with the use of the Blucows Web site.

Links to Third Party Sites

The Blucows Web site may contain links to other Web sites (“Linked Sites”). The Linked Sites are not under the control of Blucows and Blucows is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Blucows is not responsible for webcasting or any other form of transmission received from any Linked Site. Blucows is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blucows of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Blucows Web site, you warrant to Blucows that you will not use the Blucows Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Blucows Web site in any manner which could damage, disable, overburden, or impair the Blucows Web site or interfere with any other party’s use and enjoyment of the Blucows Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blucows Web sites.

Use of Communication Services

The Blucows Web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

> Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

> Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

> Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights there to or have received all necessary consents.

> Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

> Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

> Conduct or forward surveys, contests, pyramid schemes or chain letters.

> Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

> Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material    contained in a file that is uploaded.

> Restrict or inhibit any other user from using and enjoying the Communication Services.

 > Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

 > Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

 > Violate any applicable laws or regulations.

Blucows reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Blucows’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination . You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Blucows or Posted at Any Blucows Web Site

Blucows does not claim ownership of the materials you provide to Blucows (including feedback and suggestions) or post, upload, input or submit to any Blucows Web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Blucows, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

Blucows AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Blucows WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Blucows AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Blucows AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Blucows WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Blucows WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Blucows WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Blucows WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Blucows OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Blucows WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Blucows WEB SITE.

Termination/Access Restriction

All contents of the Blucows Web site are: Copyright 2008 by Blucows Ltd.. and/or its suppliers. All rights reserved.

Trademarks

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE . See Notice and Procedure for Making Claims of Copyright Infringement.