| Terms of Use |
 |
 |
 |
|
October 1, 2008 The official language for IPS is English. As such, the IPS Terms of Use and all related documents have been drawn up in English. Integrity-Paahi Solutions Inc., hereafter "IPS", makes the ipsnetworks.com website, hereafter “The Site", including all information, documents, communications, files, text, graphics, software, and products available through the Site and all services operated by IPS and third parties through the Site available for use subject to the terms and conditions set forth in this document and any changes to this document that IPS may publish from time to time. By accessing and/or using The Site and/or any other IPS service, including the NetManager product, either on the web site or through downloads, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). General – Terms of Use The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between IPS and the user with respect to their use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by IPS to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. In using the Site, including all Services and Materials available through it, you acknowledge and accept that: 1. You must be 13 years and older to use this site; 2. You are responsible for keeping your password secure; 3. You are responsible for any activity that occurs under your screen name; 4. You must not create a false identity; 5. You must not use or attempt to use another's account, password, service, or system without authorization from IPS; 6. You must not abuse, harass, threaten, impersonate or intimidate other ipsnetworks.com and/or IPS users. 7. You must not disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites, including the creation or submission of unwanted email or other messages (‘spam’) to any other IPS users; 8. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the ipsnetworks.com service; 9. You must not, in the use of IPS, violate any laws in your jurisdiction (including but not limited to copyright laws); 10. IPS is based in Canada and International users agree to comply with all local laws regarding online conduct and acceptable content. IPS makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited; 11. You must not modify, adapt or hack ipsnetworks.com or modify another website so as to falsely imply that it is associated with ipsnetworks.com or IPS; 12. You must not access or attempt to access any design content which you are not authorized to access; 13. You must not transmit any worms or viruses or any code of a destructive nature; 14. IPS reserves the right to refuse service to anyone for any reason at any time; 15. IPS reserves the right to modify or terminate the ipsnetworks.com service for any reason, without notice at any time; 16. IPS reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You are responsible for periodically checking the "Terms of Use" link on the Site's home page to view the current Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed; and, 17. IPS may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic or otherwise objectionable, or violates any party's intellectual property or these Terms of Use. Violation of any of these agreements will result in the termination of your Ipsnetworks.com account and the possibility of future legal action, if applicable. While Ipsnetworks.com and IPS prohibits such conduct and content on its site, you understand and agree that IPS cannot be responsible for the content posted through its web site and you nonetheless may be exposed to such materials and that you use the ipsnetworks.com service at your own risk. Additional Terms of Use • Indemnity and Liability • Personal information and privacy • Use of Services In addition to the Materials and Services offered by IPS, this Site also makes available materials, information, and services provided by third parties (hereafter, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. IPS offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by IPS. You agree that you will not hold IPS responsible or liable with respect to the Third-Party Services or seek to do so. • Use of Software • Trademark Information • Governing law and jurisdiction • Intellectual property; limited license to users • Copyright Materials NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Ipsnetworks.com and IPS respects the intellectual property of others, and we ask our users to do the same. Ipsnetworks.com and IPS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide IPS Chief Technical Officer the following information:
IPS Chief Technical Officer for claims of copyright or other intellectual property infringement can be reached as follows: By mail: WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND IPS OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, IPS MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. IPS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND IPS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) IPS DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) IPS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) IPS SHALL NOT BE LIABLE THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. IPS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE LIMITATION OF LIABILITY IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL IPS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VITIRUM SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF |
