Use of Service & Limitations
Database provided through this service (referred as the Service) to Customer by WebHosting Prospector hereunder including, without limitation, any information provided in digital format, hard copy, magnetic tape or disk, in any directory, in any data processing format or in completely or partly electronic form (referred as the Information) is and shall remain the exclusive property of WebHosting Prospector. WebHosting Prospector hereby grants to Customer a non-exclusive license to use the Information, but only in accordance with the terms of this Agreement. The Database provided by WebHosting Prospector hereunder is for the unlimited use of Customer for the purposes described herein.
The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of WebHosting Prospector. You may use information from the Service within your company, but copying, distributing or otherwise making available WebHosting Prospector's copyright-protected content from the Service to third parties is forbidden.
You are prohibited from: (a) using or permitting the use of the information to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or (c) using or permitting the use of the information in connection with any individual credit, employment or insurance decisions.
WebHosting Prospector reserves the right to monitor your use of the Service to ensure compliance with this Agreement. If such monitoring indicates you are not in compliance with this Agreement, WebHosting Prospector reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account.
Systematic access or extraction of content from the Service, including the use of "bots" or "spiders", is prohibited.
WebHosting prospector automatically produces search results that reference sites located worldwide throughout the Internet. Because WebHosting prospector has no control over such sites and information, WebHosting prospector makes no guaranties as to such sites, including as to: (i) the accuracy, currency, content or quality of any such sites, or (ii) whether webhosting prospector may locate unintended and objectionable content.
Ownership
All of the Information provided in this Service is owned by WebHosting Prospector free and clear of any liens, claims or encumbrances, including any ownership claims of any third parties. Entering into this Agreement will not in any way constitute a breach or violation of any other agreement, judgment or decree to which WebHosting Prospector are a party or have knowledge of.
Warrants
The collection of business lists by WebHosting Prospector (a wholly owned service of Generate Inc., the vendor of data), and the supply by the Vendor to User of the data, is in full compliance with all applicable statutes, rules, orders, ordinances, and regulations of Canadian federal and Quebec provincial legislation dealing with the collection and distribution of public information. WebHosting Prospector further represents and warrants that neither the data nor any part thereof, nor any materials contained therein or synchronized therewith, nor the title thereof, nor the exercise of any right, license or privilege herein granted, violates or will violate or infringe or will infringe any trade mark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, dramatic, personal, private, civil or property right or right of privacy or
"moral rights of authors" or any other right whatsoever of or slanders or libels any person, firm, corporation, or association whatsoever.
Disclaimer
THE DATA AND SERVICES FURNISHED HEREUNDER ARE FURNISHED "AS IS." WEBHOSTING PROSPECTOR CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS AND INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER WEBHOSTING PROSPECTOR, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY NEWS AND INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL WEBHOSTING PROSPECTOR, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the Province of Quebec, Canada.
Changes
We may change the terms of this Agreement at any time. The current version of Terms and Conditions will be posted here.
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