Tucows.Com Inc. ("Tucows") provides the Tucows Web site including the
Tucows Home Page and other Tucows content (collectively, the "Tucows
Site") subject to your compliance with the terms and
conditions below.
PLEASE READ THIS BEFORE ACCESSING THE TUCOWS SITE. BY
ACCESSING THE
TUCOWS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT
ACCESS OR USE THE TUCOWS SITE.
1. Rules. While visiting the Tucows Site, you may also not: post, transmit or
otherwise distribute information constituting or encouraging conduct
that would constitute a criminal offense or give rise to civil
liability, or otherwise use the Tucows Site in a manner which is
contrary to law or would serve to restrict or inhibit any other user
from using or enjoying the Tucows Site or the Internet; post or transmit
any information or software which contains a virus, cancelbot, trojan
horse, worm or other harmful or disruptive
component; upload, post, publish, transmit, reproduce, or distribute in
any way, information, software or other material obtained
through the Tucows Site which is protected by copyright, or other
intellectual property right, or derivative works with respect hereto,
without obtaining permission of the copyright owner or rightholder.
2. Monitoring. Tucows.Com Inc. has no obligation to monitor the Tucows
Site. However, you agree that Tucows.Com Inc. has the right to monitor
the Tucows Site electronically from time to time and to disclose any
information as necessary to satisfy any law, regulation or other
governmental request, to operate the Tucows Site properly, or to protect
itself or its subscribers. Tucows.Com Inc. will not intentionally monitor
or disclose any private electronic-mail message unless required by law.
Tucows.Com Inc. reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of this
Agreement.
3. Privacy. Tucows.Com Inc. cannot ensure or guarantee privacy for Tucows
users. It is therefore recommended that this service not be used for the
transmission of confidential information. Any such use shall be at the
sole risk of the user, and Tucows.Com Inc. and its affiliate
and related companies shall be relieved of all liability in connection
therewith.
4. Buying over the Internet. When making purchases or other transactions
through the Tucows Site or the Internet, but you may also be asked by the
Merchant or information or service provider to supply certain
information, Including credit card or other paymen t mechanisms. You
agree that all information you provide any merchant or information or
service provider through the Tucows Site will be accurate and complete.
You agree to pay all charges incurred by you Or other users of your
account and credit card or other payment mechanisms at the prices in
effect when such charges are incurred. You also will be
responsible for paying all applicable taxes, if any, relating to
purchases on the
Tucows Site. Tucows.Com Inc. is in no way responsible for any charges
you or any user
of your account incurs when making purchases or other transactions in
this manner.
5. Limitation of Liability. Tucows.Com Inc. takes no responsibility for
the accuracy or validity of any claims or statements contained in the
documents and related graphics on the Tucows Site. Further, Tucows.Com Inc.
makes no representations about the suitability of any of the
information contained in software programs, documents and related
graphics on the Tucows Site for any purpose. All such software programs,
documents and related graphics are provided without warranty of any
kind. In no event shall Tucows.Com Inc. be liable for any damages
whatsoever, including special, indirect or consequential damages,
arising out of or in connection with the use or performance of
information available from the service.
6. Recourse. If you are dissatisfied with the Tucows Site or with any
terms, conditions, rules, policies, guidelines, or practices of Tucows.Com Inc.
in operating the Tucows Site, your sole and exclusive remedy is
to discontinue using the Tucows Site.
7. Confidential Information. You authorize Tucows.Com Inc. to collect
from any party and to retain all relevant information relating to your
use of the Tucows Site, and you hereby authorize any party to provide us
with such information. You understand and agree that unless you notify
Tucows.Com Inc. to the contrary by e-mailing us, you further authorize
Tucows.Com Inc. to disclose, on a confidential basis, to any party with
whom Tucows.Com Inc. has business relations all relevant information
relating to your dealings with us and the Tucows Site.
8. Indemnity. You agree to defend, indemnify and hold Tucows.Com Inc. and
its affiliate and related companies harmless from any and all
liabilities, costs and expenses, including reasonable attorneys' fees,
related to any Violation of this Agreement by you or users of your
account, or in connection with the use of the Tucows Site or the
Internet or the placement or transmission of any message, information,
software or other materials on the Tucows Site or on the Internet by you
or users of your account.
9. Trademarks. TucowsTM and other names, logos and icons identifying
Tucows and Tucows.Com Inc. products and services referenced herein are
trademarks or registered trademarks of Tucows.Com Inc.. All other product
and/or brand or company names mentioned herein are the trademarks of
their respective owners.
10.DISCLAIMER.THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED 'AS IS'
WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL
Tucows.Com Inc. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT
DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE.
USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE
GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN
RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S)
TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS
ELAPSED.
11. Miscellaneous. This Agreement, including any and all documents
referenced herein, constitute the entire agreement between Tucows.com, Inc. and you pertaining to the subject matter hereof. Tucows.Com Inc.'s
failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provisions or
right. If any of the provisions contained in this Agreement be
determined to be void, invalid or otherwise unenforceable by a court of
competent jurisdiction, such determination shall not affect the
remaining provisions contained herein. This Agreement shall be governed
by and
construed in accordance with the laws of the province of Ontario and the
federal laws of Canada applicable therein.
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