This
Agreement sets forth the terms and conditions that govern your
use of TheISPDirectory.com.
BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS GIVEN
BELOW. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU SHOULD
IMMEDIATELY CEASE TO USE THIS SITE.
THE ISP DIRECTORY MAY MAKE CHANGES
TO THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTIFICATION. THE
MODIFIED AGREEMENT WOULD BE EFFECTIVE IMMEDIATELY AT THE TIME
OF POSTING ON THE SITE. IT IS YOUR RESPONSIBILITY TO REVIEW
THE AGREEMENT PERIODICALLY AND BE AWARE OF SUCH MODIFICATION.
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL IMPLY YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
All
Intellectual property, copyright and trademarks for this site
are owned by The ISP Directory or its affiliates. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. Any use of The ISP Directory's
trademarks is strictly prohibited without the express permission
from The ISP Directory. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to The ISP Directory
a non-exclusive, royalty-free, worldwide, sub licensable, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site or
by e-mail to The ISP Directory, by all means and in any media
now known or hereafter developed. You agree that you shall have
no recourse against The ISP Directory for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to The ISP Directory.
You understand that, except
for information, products or services clearly identified as
being supplied by The ISP Directory, we do not operate, control
or endorse any information, products or services listed on
this site, in any way. Except for THE ISP Directory identified
information, products or services, all information, products
and services offered through this Site are offered by third
parties that are not affiliated with The ISP Directory. You
also understand that we cannot and do not guarantee or warrant
that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
The ISP Directory offers
a search feature within the Site. We explicitly disclaim any
responsibility for the content or availability of information
contained in our search index or directory. We also disclaim
any responsibility for the completeness or accuracy of any
directory or search result.
In connection
with your use of the Site, you agree you will not:
a) Transmit
any message, information, data, text, software or images,
or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or otherwise objectionable that
may invade another's right of privacy or publicity;
b) Impersonate
any person or entity, including but not limited to, a official,
forum leader, guide or host of The ISP Directory, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
c) Post
or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or
fiduciary relationships (such as nondisclosure agreements);
d) Post
or transmit any Material that contains a virus or corrupted
data;
e) Delete
any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use
the Site’s communication features in a manner that adversely
affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous
posting of repetitive text);
g) Post
or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam," "chain letters,"
"pyramid schemes" or any other form of solicitation
or any non-resume information such as opinions or notices,
commercial or otherwise;
h) Violate
any applicable local, state, national or international law;
i) Upload
or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any
party;
j) Delete
or revise any Material posted by any other person or entity;
k) Manipulate
or otherwise display the Site by using framing or similar
navigational technology, or
l) Register,
subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any product or service
of The ISP Directory, if you are not expressly authorized
by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE ISP
DIRECTORY PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND THE ISP DIRECTORY SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. The ISP Directory
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
IN
NO EVENT WILL THE ISP DIRECTORY BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF THE ISP DIRECTORY OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TTHE
ISP DIRECTORY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
You
shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and
use of the Site and all charges related thereto.
You agree to indemnify,
defend and hold harmless The ISP Directory, its officers,
directors, employees, agents, licensors, suppliers and any
third party information providers to the Site from and against
all losses, expenses, damages and costs, including attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or your use and access
of the Site.
The ISP Directory
reserves the right to release current or past member or Web
site user information if The ISP Directory believes that a
member’s account is being used to commit unlawful acts,
if the information is subpoenaed and/or if The ISP Directory
deems it necessary and/or appropriate.
The
provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of The ISP Directory and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Site. Each of these individuals
or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
Either
party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 3 (Use of the Site), 5 (Indemnification),
6 (Third Party Rights) and 11 (Miscellaneous) shall survive
any termination of this Agreement.
Part VIII: Special Admonitions for International
Use
Recognizing
the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the
Internet, data, e-mail, or privacy. Specifically, you agree
to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
Your
participation, correspondence or business dealings with any
third party found on or through the Site, regarding the payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such third party. You agree
that The ISP Directory shall not be responsible or liable for
any loss, damage or other matters of any sort incurred as the
result of any such dealings.
The
Site may provide, or third parties may provide, links to World
Wide Web sites or resources. Because The ISP Directory has no
control over such sites and resources, you acknowledge and agree
that The ISP Directory is not responsible for the availability
of such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that The ISP Directory shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such site or resource.
This Agreement shall all
be governed and construed in accordance with the laws of the
State of Texas, United States applicable to agreements made
and to be performed in the State of Texas, United States.
Any cause of action or claim
you may have with respect to the Site must be commenced within
one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. The ISP Directory's
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. The ISP Directory may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly
granted herein are reserved.