| | Terms
Of Service | In General
Your use of Web
Hosting Whois Web site (the "Site"), and all information, products and services
on the Site, including our search, specialty services (collectively, the "Services")
are subject to the binding legal terms set forth below ("Terms"). We may update
these Terms from time to time without giving you any notice. Unless we let you
know by giving you a notice, any new features or updated Services that we put
on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE
TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION
SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
Web Hosting
Whois is pleased to give you access to this Site free of charge. However, in order
to access the Site, you will need to establish an account with an Internet service
provider. You will also need equipment to access the Site, including a computer,
modem or other communication device. You agree to pay for all hardware and services
costs needed to access the Site and use the Services. Web Hosting Whois is not
responsible for any of these costs.
Some parts of the Site contain mature or adult content intended for people who
are at least 18 years old. If you view this adult content, we understand that
you are telling us that you are at least 18 years old and that the material you
are viewing is acceptable to you. If you do not want to view this content, you
can select the Family Filter set forth below, to exclude the adult content.
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How You Can Use the Services
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You may use the Services on the Site for your personal use. You may make a single
copy of the individual screens you see when you use the Services, but only for
your personal use. You cannot distribute or transfer the copies to others in exchange
for money or other consideration. You may not-and agree not to-modify, reformat,
copy, display, distribute, transmit, publish, license, create derivative works
from, transfer or sell any information, products or services obtained from the
Services, except as set forth below. This means that you may not mirror the home
page or results pages of the Site on your own Web site or Web page.
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No License Granted
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for allowing you to use the Site for your personal use as set forth in the paragraph
above, when you use the Site, you are not receiving a license or any other rights
from us, including intellectual property or other proprietary rights of Web Hosting
Whois or other companies with which we are affiliated. YOU UNDERSTAND THAT
YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER AMRAY PROPERTY EXCEPT AS WE INDICATE
IN THESE TERMS.
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| Conduct of Visitors
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believe that all visitors benefit from basic rules regarding conduct while using
the Services so that everyone feels free to share opinions and ideas. The free
flow of ideas is jeopardized when a few individuals act irresponsibly. To help
everyone have a positive experience, we ask-and you agree-to follow the following
basic rules of conduct when using the Web Hosting Whois Site:
1. You will follow these Terms and all applicable laws;
2. You will not harass, threaten or abuse other people when using the Site in
any manner;
3. You will not interfere with others' use of the Site, including by interrupting
other users' sessions, scrolling down (automatically or manually) to make it difficult
for them, or otherwise act in a way that negatively affects other users' enjoyment
of the Services;
4. You will not post any content that is obscene or may be hateful or offensive
on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful;
or is defamatory, libelous, or invades another person's privacy or proprietary
rights;
5. You will not attempt to harvest any screen names of e-mail addresses for any
commercial use;
6. You will not collect or store personal information about any other individual
on the Site, or otherwise stalk, repeatedly contact or harass another user;
7. You will not
impersonate any other person or misrepresent a relationship with any person or
entity, including misrepresenting a relationship with Web Hosting Whois; similarly,
you will not adopt a false identity if the purpose of doing so is to deceive or
defraud another;
8. You will not use the Services to harm minors in any way, or encourage interactions
with minors of a sexual nature;
9. You will not manipulate the Services so as to hide your identity or participation
in Services on the Site (by using another person's identity, changing headers,
or otherwise modifying any other possible identifier);
10. You will not send any bulk unsolicited advertising, promotional information,
e-mail or other solicitation (including without limitation junk mail, "spam,"
chain letters or pyramid schemes of any sort) to any person through the use of
the Services;
If you violate any of the guidelines set forth above, or any other aspect of these
Terms, we reserve the right to suspend or terminate your rights to use the Services
without giving you any notice.
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| Disclosure
of Your Identity
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From time to time
we receive requests to disclose the identities of our users. We do not disclose
the identities of ours users unless we are legally required to do so.
If a governmental
agency sends us a subpoena, we will comply with it. If we receive a subpoena by
a third party that is not a governmental agency (for example, a subpoena in connection
with civil litigation), we will contact the user whose identity has been requested.
We will wait 15 days after notifying the user before complying with the subpoena,
unless the subpoena requires us to disclose this information before then. If we
can not wait 15 days because of the deadline in the subpoena, we will let the
user know the deadline included in the subpoena when we provide notice that we
received it. |
| Disclaimer of Warranties
| | | SEARCH
RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING OR INDEXING TECHNIQUES CAN
POSSIBLY INCLUDE ALL PAGES ACCESSIBLE ON THE WEB IN ITS INDEX OF SITES (THE "INDEX").
AS A RESULT, WEB
HOSTING WHOIS DOES NOT AND CAN NOT GUARANTEE THAT YOUR SEARCH RESULTS
WILL BE COMPLETE OR ACCURATE OR THAT THE LINKS ASSOCIATED WITH THE INDEX WILL
BE COMPLETE OR ACCURATE OR ACTIVE AT THE TIME OF YOUR SEARCH. THE WEB SITES INCLUDED
IN THE INDEX ARE DEVELEOPED BY PEOPLE WE DO NOT CONTROL. WE ASSUME NO RESPONSIBILITY
FOR THE CONTENT OF ANY SITE INCLUDED IN THE INDEX, AND ARE NOT RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS CONTAINED IN THE SITE (OR ANY SITE YOU MAY LINK TO FROM
THE SITE), OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE
SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE).
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE
SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE
FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES,
INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION,
PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON
AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT
ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WEB
HOSTING WHOIS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT WEB
HOSTING WHOIS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR
USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR UNAVAILABLE
DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL
OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST
EXTENT PERMITTED BY LAW, WEB
HOSTING WHOIS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS
OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND
ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION,
PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
WEB HOSTING
WHOIS EXPRESSLY DISCLAIMS ANY ENDORSEMENT. RECCOMMENDATION, GUARANTEE,
REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY
PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS,
MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.
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Limitation of Liability
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THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEB HOSTING WHOIS,
ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY
OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH
YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR
LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL
INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY
TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY WEB
HOSTING WHOIS, THE SERVICES OR THE INDEX, ANY COMPUTER-RELATED DAMAGES DUE TO
DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL
DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE,
OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR
THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.
- Web
Hosting Whois is not responsible for the accuracy of associated companies' information
including any changes in or discontinuance of services and/or products, nor any
intellectual property infringement made by any party. Web Hosting Whois is not
responsible for changes in the services and/or products offered by affiliated
companies.
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no event shall Web Hosting Whois liability, either jointly or severally, exceed
$1.
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| Removal of Sites from Index
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are sometimes asked to remove links from our search results pages. We address
these requests on a case-by-case basis and in general, follow the guidelines below:
- We
enter, to index and catalog Web sites manually, which means there is advance review
by human beings.
- In
general, we believe that people who make information available on the Web expect
that it will be available publicly and indexed for distribution, much like Web
Hosting Whois indexes information to make it available for its users.
If
you want to restrict access to your site, please let us know.
If an Web Hosting Whois user comes across Web pages that contain private personal,
professional or financial information that is not available to the public and/or
may have been illegally obtained, he or she can write to abuse@webhostingwhois.com
to request that the offending URL be removed from webhostingwhois.com index. Please
note that removing said URL from Web Hosting Whois index does not remove the URL
from the public Internet or the indexes of other search engines. |
| Manipulation
of Search Results
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We
are committed to provide our users the most relevant search results presented
in the order of greatest relevance. We rank search results automatically according
to established ranking criteria (which may change from time to time). We do not
guarantee any ranking results for any Web page. We also reserve the right in our
sole discretion to adjust the ranking of search results for any Web page and to
remove listings of Web pages if we believe people are abusing our Site. If you
believe that our search results have been manipulated, we will evaluate your claims
but we reserve the right to take action or not.
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| Access
Restrictions; Termination
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We
reserve the right to accept or reject URLs submitted to our index at any time
and terminate your access to the Site without given any reason or explanation.
We can also change these Terms at any time, without notice, and your continued
use of the Services after any change we make will mean that you agreed with the
changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS
OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
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| Miscellaneous
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This contract shall be governed by and construed in accordance with the
laws of Canada without regard to conflict of laws principles. These Terms as amended
from time to time, set forth the entire understanding between you and Web
Hosting Whois and supersede any and all prior or contemporaneous agreements
or understandings between you and Web Hosting Whois, whether oral
or written, as to the subject matter of these Terms. If any provision of these
Terms or the application thereof to any person or circumstances shall to any extent
be held to be invalid or unenforceable, the remainder of these Terms, or the application
of such provisions to persons or circumstances as to which it is not held to be
invalid or unenforceable, shall not be affected thereby, and each provision shall
be valid and be enforced to the fullest extent permitted by law. Although you
acknowledge that we will have the ability to enforce our rights in any court of
competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue
of courts in Winnipeg, Manitoba, Canada., regarding any and all disputes relating
to these Terms, your use of the Web Hosting Whois Site, the Services.
No waiver of these Terms will be valid, except in the event that the waiver is
in writing and signed by an officer of Web Hosting Whois. If the
performance by Web Hosting Whois of the Terms or any obligation
thereunder is prevented, restricted or interfered with by any act or condition
whatsoever beyond the reasonable control of Web Hosting Whois,
you shall excuse, without further action or notice, Web Hosting Whois
performance to the extent of such prevention, restriction or interference.
You can direct any questions concerning these Terms to:
abuse@webhostingwhois.com Last
updated October 30, 2003. | Back
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