Network Terms and Conditions
2. Registration , Accounts and Passwords. Certain of the Services and related features, such as personalization, web hosting, instant messaging, and webmail, made available over the EntreNet Network may require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the EntreNet network, and (b) all activities that occur under such password or account. Further, you agree to notify EntreNet of any unauthorized use of your password or account. EntreNet shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 2.
3. Acceptable Use . For information on your obligations to use the Service in an appropriate manner, see the Acceptable Use Policy. These terms and conditions all conditions listed in the Acceptable Use Policy. You agree to all terms in the Acceptable Use policy. You will not use the Service for illegal activities, for hacking or for violations of privacy.
4. Responsibility for Minors. In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the EntreNet Network may contain material that is inappropriate for minors. Please consult our safe surfing guide for information on parental control protections and other safe surfing tips.
6. Dealings with Third Parties . You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the EntreNet Network or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. EntreNet assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the user's alone. You agree that EntreNet shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
7. Web, FTP and Media Hosting. Web, FTP and Media Hosting services made available by EntreNet over the EntreNet Network are provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that EntreNet shall have no responsibility for, or liability in respect of, any aspect of the Tripod services, including without limitation for any lost or damaged data or any acts or omissions of EntreNet. The components and any aspects of the EntreNet hosting services, including information and other data you store on EntreNet, may be deleted by EntreNet at any time for any reason or for no reason at all, in EntreNet's sole discretion, with or without notice to you. EntreNet shall have no obligation to maintain any content in your EntreNet account. Further, by uploading a web page or content files to EntreNet, you grant EntreNet a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such web page and content files, and any associated content, for the limited purposes of publishing and promoting your web page in connection with the EntreNet service and for publishing and promoting such web page elsewhere within the EntreNet Network, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. You also acknowledge and agree that EntreNet may run advertisements on the web pages of its users and grant EntreNet the right to do so and to retain all revenues arising therefrom. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising is subject to change. If you wish to terminate your EntreNet account, your only recourse is to discontinue your use of EntreNet. However, you acknowledge and agree that EntreNet may terminate your Web hosting account at any time for any reason or for no reason at all, in EntreNet's sole discretion, without prior notice, or any notice.
8. Email and Webmail. Email and Webmail services made available by EntreNet over the EntreNet Network (collectively "Email") are provided on an "AS IS" basis without representations, warranties or conditions of any kind, and you acknowledge and agree that EntreNet shall have no responsibility for, or liability in respect of, any aspect of the Email services, including without limitation for any lost or damaged data or any acts or omissions of EntreNet. Email is provided to individuals and companies for legitimate legal personal and business use only. You acknowledge and agree that you may only use the Email service to send and receive personal messages only. Some e-mail messages may not be processed due to space constraints or outbound message limitations. The components and any aspects of the Email services and other data you store on the Email service, may be deleted by EntreNet at any time for any reason or for no reason at all, in EntreNet's sole discretion, with or without notice to you. EntreNet shall have no obligation to maintain any content in your Email account or to forward any unread or unsent messages to you or any third party. In consideration of the availability, and your use, of the Email services, you agree to comply with all applicable laws and the Terms and Conditions in using the Email service and are solely responsible for all acts or omissions that occur under your account or password. In addition to other prohibited conduct described herein, you may not use the Email service to post, transmit or otherwise facilitate the creation or distribution of chain letters, junk e-mail, spam or any duplicative or unsolicited messages, surveys, contests or pyramid schemes. Further you may not forge headers or otherwise manipulate any identifiers serving to disguise the origin of any content transmitted using the Email service. If you wish to terminate your Email account, your only recourse is to discontinue your use of the Email service. However, you acknowledge and agree that EntreNet may terminate your Email account at any time for any reason or for no reason at all, in EntreNet's sole discretion, without prior notice, or any notice.
9. Pay Services . Certain of the Services made available over the EntreNet Network may be offered by EntreNet on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by EntreNet on a "prepaid" or on a "pay as you use" basis. Should you choose to purchase access to a Pay Service, you will be required to register as described in Section 2 above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide to EntreNet at such time. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately to the credit card you designated for the particular Pay Service Account and are non-refundable. EntreNet reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service. In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that EntreNet reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that EntreNet reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where EntreNet has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of the Terms and Conditions. Any such termination by EntreNet shall be in addition to and without prejudice to such rights and remedies as may be available to EntreNet, including injunction and other equitable remedies.
10. Domain Name Hosting Service. The Domains Name service is offered by EntreNet is limited to creation of 'zone' files and operation of a Domain Name Server in good faith on behalf of the members. Registration and maintenance of a domain name is the responsibility of accredited ICANN registrars for .com, .net, .org, .biz, .info (such as Verisign.com) and .ca (such as Internic.ca) domain names. By registering or pre-registering for a domain name a registrar, you are creating a separate contractual relationship between you and that registrar as set out in the terms of which you agreed to during the registration process. You agree that you, and not EntreNet, are responsible for all fees, liability, and obligations in connection with that relationship and any domain name you register or pre-register using such a service.You are responsible for recording and safekeeping your account number and password for accessing the registrar's domain-name maintenance service. EntreNet may agree, without warranty to attempt domain registration or make changes to your registration on your behalf with your approval and seek reimbursement for any charges paid to the registrar by EntreNet. No guarantee or warranty of performance is provided by EntreNet and no liability is incurred by EntreNet if our attempt to make changes on your behalf is unsuccessful.
11. Downloads and Shareware. EntreNet's Computers - Downloads section allows you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that EntreNet, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
12. Disclaimer Regarding Third Party Content. The EntreNet Network offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the EntreNet Network websites and web pages or sites displayed as search results or contained within a directory of links on the EntreNet Network, EntreNet generally exercises no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that EntreNet shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
13. Disclaimer regarding Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any EntreNet Network search services are protected by copyright and/or other intellectual property laws. EntreNet does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the EntreNet Network, all of the Multimedia Content contained on such sites is owned and served by entities other than EntreNet. The EntreNet Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the EntreNet Network search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
14. Professional Information Disclaimer. The EntreNet Network makes available certain information provided by third parties related to various professional fields such as, without limitation, medicine, law, accounting and financial investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the EntreNet Network does not replace consultations with a qualified medical, legal financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that EntreNet, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
15. User Content. In respect of any and all content you elect to post on the EntreNet Network which is accessible by the general public, such as on EntreNet's public forums, you grant EntreNet a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the specific Service to which such content was submitted. Such license shall apply with respect to any form, media, or technology now known or later developed and shall terminate at the time you delete such content from the Service. With respect to any and all content you elect to post or transmit using the Services, you agree that EntreNet may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by EntreNet to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of EntreNet or any other person.
16. Service Modifications. You acknowledge and agree that EntreNet reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that EntreNet will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
17. Termination. You acknowledge and agree that EntreNet, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where EntreNet believes that you have violated any of the Terms and Conditions. You further agree that EntreNet shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the EntreNet Network, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of EntreNet in operating the EntreNet Network and the Services, your sole and exclusive remedy is to discontinue using the EntreNet Network and the Services.
18. Disclaimer of Warranties . YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE EntreNet NETWORK AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT EntreNet MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) EntreNet SPECIFICALLY MAKES NO WARRANTIES THAT THE EntreNet NETWORK OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE EntreNet NETWORK OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
19. Limitation of Liability .YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EntreNet, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER EntreNet HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE EntreNet NETWORK, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE EntreNet NETWORK OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
20. Indemnity. You agree to defend, indemnify and hold EntreNet, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of the EntreNet Network or any of the Services, or (c) placement, posting or transmission of any message, information, software or other content on the EntreNet Network or through any of the Services.
21. No License; Intellectual Property of EntreNet and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of EntreNet's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the EntreNet Network and Services is protected by copyright, trademark, patent, or other proprietary rights of EntreNet, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the EntreNet Network. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the EntreNet Network nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the EntreNet Network.
22.Trademarks. EntreNet is a registered trademark of EntreNet Communications, used under license. All other product, brand and company names and logos used on the EntreNet Network are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the EntreNet Network without the express written consent of EntreNet or the owner of the mark, as appropriate, is strictly prohibited.
23. Copyright Notices. All information and content contained on, or made available over, the EntreNet Network are: Copyright © 2002, EntreNet Communications, 24 Swain Ave, Ottawa, ON, K1G 4T1, Canada. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
24. Territory. The EntreNet Network sites originate in Canada.
25. Miscellaneous. The Terms and Conditions constitute the entire agreement between EntreNet and you pertaining to your use of the Services and supercede any prior agreements between you and EntreNet. EntreNet's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.