page sets forth the "Terms and Conditions" under which you may use hostspy.net
(the "Web Site"). Please read this page carefully. If you do not accept these
Terms and Conditions, you are not authorized to use the Web Site. By using the
Web Site, you are indicating your agreement to be bound by these Terms and Conditions,
without modification. You are responsible for regularly reviewing these Terms
and Conditions. If you use the Web Site after any revision Company makes to these
Terms and Conditions, you agree to be bound by the Terms and Conditions as so
OF THE WEB SITE GENERALLY.
The Web Site may be used only for lawful and proper
purposes. Provided that you otherwise fully comply with the provisions of these
Terms and Conditions, the Company authorizes you to view, download and print out
a single copy of any material on the Web Site, solely for your personal, noncommercial
content of the Web Site, including but not limited to text, graphics, images,
sounds, music, logos, button icons, software, individual screen displays, operational
characteristics and functionalities, machine-readable code (Object Code), human-readable
code (Source Code), and HTML code (collectively, the "Materials"), are protected
under United States and international copyright, trademark and other laws. All
Materials are the property of the Company or its content suppliers or clients.
The compilation (mean ing the collection, arrangement and assembly) of all content
on the Web Site is the exclusive property of the Company and protected under United
States and international copyright laws. Unauthorized use of the Web Site and/or
the Materials may violate copyright, trademark, and other laws, and is a breach
of these Terms and Conditions. You may not remove or obscure any copyright, trademark,
service-mark or other proprietary notice contained in any Materials on any copy
you make of such Materials. Unless otherwise specified herein, you may not modify,
print out, distribute, transmit, publicly display, publicly perform, communicate
to the public, reproduce, publish, license, create derivative works from, transfer
or sell any of the Materials. The use of any of the Materials on any other web
site or in a networked computer environment for any purpose is prohibited.
USES OF THE WEB SITE.
You agree to use the Web Site only to upload, post,
send and receive content that is legal and proper and related to the purpose of
the Web Site. By way of example, and not as a limitation, you agree that when
using the Web Site, you will not:
Upload, post, send or receive any content, or otherwise use the Website, in violation
of any applicable law or regulation.
Upload, post, send or receive any content, or otherwise use the Website in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others, or violate the privacy, publicity or other personal
rights of others.
Upload, post, send, or receive any content or information that is defamatory,
obscene, indecent, sexually explicit, threatening, abusive, hateful, harassing
or embarrassing to another user or to any other person or entity.
� Upload, post or
send any incomplete, false, inaccurate or misleading information.
� Impersonate another
person, firm or corporation.
Upload, post or send any franchise, pyramid scheme, "club membership," distributorship
or sales representative agency arrangement or other business opportunity that
requires an up-front or periodic payment, pays commissions only (no significant
salary), requires recruitment of other members, sub-distributors or sub-agents.
unsolicited e-mail, including promotions and/or advertising of products or services.
or revise any material uploaded or posted by any other person or entity.
� Attempt to interfere
with service to any user, host or network, including, without limitation, by means
of uploading, posting or sending any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines or engines that are intended
to damage, interfere with, surreptitiously intercept or expropriate any system,
data or information, including by overloading, "flooding," "spamming," "mail bombing"
or "crashing" it.
Use any device, software or routine to interfere or attempt to interfere with
the proper working of the Web Site or any activity being conducted on the Web
� Take any action that imposes an unreasonable or disproportionately large load
on the Web Site's infrastructure.
Use or attempt to use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the Web Site other than the search engine and search
agents available from the Company on the Web Site and other than generally available
third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
� "Data mine".
� Attempt to decipher,
decompile, disassemble or reverse engineer any of the software comprising, or
in any way making up, any part of the Web Site.
Access any content not intended for your use or log into a server or account that
you are not authorized to access.
Attempt to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization.
� Forge any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup
posting. Actions that contravene these prohibitions or that otherwise compromise
the security of the Web Site or the Company's system or network may result in
civil or criminal liability. The Company will investigate suspected compromises
of its security, may take any action it deems necessary or appropriate in response
to any contravention of these prohibitions or in response to security compromises,
and may cooperate with law enforcement authorities in prosecuting users who are
involved in such compromises and/or violations.
The terms and conditions applicable to any information you provide
to the Company or that the Company collects about your use of the Web Site are
You are solely responsible for the form and accuracy of any content
or other communications you upload, post or send to or through the Web Site.
Company is under no obligation to upload, post or send any material you submit
for such purpose or any purpose, and may remove any such material at any time
in the Company's sole discretion. No compensation will be paid to you with respect
to any content or communication that you submit to the Web Site.
Company does not vouch for or guarantee the truthfulness, accuracy, or reliability
of any user-submitted content or communications. You acknowledge that any reliance
you place on such material will be at your own risk.
Company acts as a passive conduit for the online display, transmission and distribution
of user-submitted content and communications and has no obligation to and takes
no responsibility for screening, monitoring or reviewing any such materials.
Company reserves the right to review and remove, or take any other action with
respect to user-submitted content and communications that it deems necessary or
appropriate in its sole discretion. The Company has no liability or responsibility
to users for performance or nonperformance of any such actions.
Company also reserves the right to expel users and prevent their further access
to the Web Site for violating either the letter or the spirit of these Terms and
Conditions or violating any applicable law or regulation. By submitting content
to any public or non-public area of the Web Site, including, but not limited to
message boards, forums, contests and chat rooms, you grant the Company and its
affiliates the royalty-free, perpetual, irrevocable, sub-licenseable (through
multiple tiers), non-exclusive, worldwide right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, publicly perform and publicly
display (in whole or in part), and/or to incorporate such content in other works
in any form, media, or technology now known or later developed, for the full term
of any rights that may now or ever exist in such content. You also warrant that
the holder of any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably granted to
you the right to grant the license referred to above. You also hereby grant to
any user of the Web Site the right and authority to access, display, view, store
and reproduce such content for personal, noncommercial use. Subject to the foregoing,
the owner of such content placed on the Web Site retains any and all rights that
may exist in such content.
submitting content to any public or non-public area of the Web Site, including,
but not limited to message boards, forums, contests and chat rooms, you grant
the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licenseable
(through multiple tiers), non-exclusive, worldwide right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, publicly perform
and publicly display (in whole or in part), and/or to incorporate such content
in other works in any form, media, or technology now known or later developed,
for the full term of any rights that may now or ever exist in such content. You
also warrant that the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly and irrevocably
granted to you the right to grant the license referred to above. You also hereby
grant to any user of the Web Site the right and authority to access, display,
view, store and reproduce such content for personal, noncommercial use. Subject
to the foregoing, the owner of such content placed on the Web Site retains any
and all rights that may exist in such content
Because user authentication on the Internet is difficult,
the Company cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or control the
behavior of participants on the Web Site, in the event that you have a dispute
with one or more users, you release the Company (and our agents and employees)
from any and all claims, demands and damages (actual and consequential, direct
and indirect) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the content
or communications provided by other users, which is made available through the
Web Site. By its very nature, other user's content and communications may be offensive,
harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using the Web Site.
The Materials may contain inaccuracies or typographical errors. The Company makes
no representations about the accuracy, reliability, completeness, or timeliness
of the Web Site or the Materials. Your use of the Web Site and the Materials is
at your own risk.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
Company does not represent or endorse the accuracy or reliability of any of the
materials contained on, distributed through, or linked, downloaded or accessed
from any of the services contained on the Web Site, nor the quality of any products,
information or other materials displayed purchased, or obtained by you as a result
of any advertisement or other information or offer on or in connection with the
Web Site (the "Products"). You hereby acknowledge that any reliance you place
upon any Products shall be at your sole risk. The Company reserves the right,
in its sole discretion and without any obligation, to make changes to, or correct
any error or omissions in any portion of the Web Site, the Materials and/or the
WEB SITE, THE MATERIALS AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE WEB SITE, THE MATERIALS, THE PRODUCTS AND/OR ANY LINKS.
OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE
WEB SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL
OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE
OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
OF COMPANY'S LIABILITY.
The aggregate liability of the Company to you for
all claims arising from the Web Site and/or the use of the Materials or Products
is limited to $100.
The Company reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from this Web
Site and immediate termination of your registration with or ability to access
the Web Site and/or any other service provided to you by the Company, upon any
breach by you of these Terms and Conditions or if the Company is unable to verify
or authenticate any information you submit to the Web Site.
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees, agents, customers and clients from and against
any claims, actions or demands, including without limitation reasonable attorney
and accounting fees, resulting from or arising out of any content or communications
you post or transmit through the Web Site, your use of the Web Site, the Materials
or the Products, or your violation of the terms of these Terms and Conditions.
The Company shall provide notice to you promptly of any such claim, action or
demand and may, in Company's sole discretion, assist you, at your expense, in
its defense or settlement.
The Company makes no claims that the Web Site, the Materials and/or the Products
may be lawfully accessed, viewed or downloaded outside of the United States. Any
such use of the Web Site, the Materials and/or the Products may not be lawful
by certain persons or in certain territories. If you access any of these, you
do so at your own risk and are responsible for compliance with the laws of whatever
jurisdiction you are in at the time. These Terms and Conditions are governed by
Canadian laws, without regard to its conflict of laws principles. You hereby consent
to the exclusive jurisdiction and venue of the state and federal courts within
Winnipeg, Manitoba, for any claims arising out of or relating to your use of the
Web Site, the Materials, the Products, and/or these Terms and Conditions. If any
provision of these Terms and Conditions is found to be invalid or unenforceable
by any court having competent jurisdiction, then the invalid or unenforceable
provision will be deemed superseded by a valid and enforceable provision that
most closely matches the intent of the original, and the remainder of the agreement
shall remain in full force and effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver of such term or any
of the Web Site, a particular "Legal Notice," or Software License, these Terms
and Conditions constitute the entire agreement between you and the Company with
respect to your use of the Web Site, the Materials and/or the Products. No changes
to these Terms and Conditions shall be made except by a revised posting on this
Certain areas of this Web Site may be subject to additional