- Rights in the Site and Content. All material on the Site, including but not limited to text, comments, messages, information, data, graphics, interfaces, articles, trademarks, logos, button icons, photographs, images, illustrations, artwork, sounds, music, audio clips, video clips, links, digital downloads, data compilations, software, code and the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing (collectively, the “Content“) is proprietary and is owned, controlled by, or licensed to Xplornet and is protected by all applicable laws and rights, including but not limited to copyright, trademark and other intellectual property and proprietary rights laws. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any Content except as set forth herein. Content on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, published, republished, modified, mirrored, uploaded, posted, transmitted, displayed, encoded, translated or distributed in any form or in way, including by e-mail or other electronic means, or stored in any retrieval system of any nature in any way, without the express prior written consent of Xplornet or such third party that may own such Content in each instance. You agree to abide by all copyright and other proprietary notices, information and restrictions contained in the Content and any other material accessed through the Site. You may download Content intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you (a) keep intact and abide by any and all copyright and other proprietary notices, information and restrictions that may appear on such Content, (b) do not share or make accessible such Content on any networked computer or broadcast of any sort, (c) make no modification to such Content and (d) do not make any claims, representations or warranties with respect to such Content. You agree that you do not acquire any ownership or other rights in any downloaded Content.
- Linked Sites. The Site may contain links to other websites maintained by third parties that are not under the control of Xplornet (“Linked Sites”). Xplornet is not responsible for and makes no representations or warranties concerning the contents of any Linked Site, any information collection, use or disclosure practices through a Linked Site or any link contained in a Linked Site. It is your responsibility to verify any information contained within a Linked Site before relying on it. Also, the information contained in a Linked Site may be changed or updated at any time without notice. Xplornet provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Xplornet of the Linked Sites. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review. In addition, the inclusion of any information, material, content or links on the Site should not be construed as an express or an implied endorsement of any third party products or services.
- Use of the Site. The information on the Site is for informational purposes only. You agree that you will use the Site and any Content solely for your personal, lawful purposes and that you shall not use any Content or the links to this Site in any claims, proceedings, suits or actions against Xplornet, its suppliers, partners, licensors, dealers, representatives, associates or affiliates and each of their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Xplornet Parties”). You shall not:
(a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute or disseminate User Content on the Site: that (i) is knowingly false, defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening or invasive of one’s privacy; (ii) constitutes or encourages conduct that would constitute a criminal offence or violation of any law or give rise to civil liability; (iii) is protected by copyright, trademark or other intellectual property or proprietary rights law or right or derivative works thereof, without obtaining permission of the rights holder; (iv) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (v) solicits passwords, personal information, funds, goods or services or otherwise solicits information for commercial or unlawful purposes; or (vi) contains advertising;
(b) restrict, inhibit or interfere or attempt to restrict, inhibit or interfere with any other user from using and enjoying the Site or Content (for example, by means of hacking or defacement);
(c) post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;
(d) utilize any deep-link, page-scrape, robot, spider, site search/retrieval application or any other manual or automated program, algorithm, methodology, technique or similar or equivalent process to scrape, index, data mine, access, copy or monitor any portion of the Site or Content or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
(e) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Xplornet server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means;
(f) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
(g) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Xplornet, including any Xplornet account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
(h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Xplornet’s systems or networks, or any systems or networks connected to the Site;
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site;
(j) engage in any conduct that impersonates any person, licensed professional, business or entity, including Xplornet and its employees and agents; or
(k) otherwise use the Site or the Content in a way that is contrary to law or which could adversely impact use of the Site, the Content or the Internet by other users.
- Accounts, Passwords and Security. Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to promptly notify Xplornet immediately after you become aware of any unauthorized use of your account or password, or any other breach of security and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. You may be held liable for losses incurred by Xplornet or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Xplornet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- No Warranty or Representation. The Site and the Content are provided to you “as is” and “as available”. Xplornet makes no representations or warranties regarding how often the Site or the Content will be updated, if at all. Xplornet assumes no responsibility to you or any third party for any errors or omissions of any kind in or relating to the Site or Content and disclaims all representations, warranties and conditions of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and title and non-infringement. Xplornet disclaims any and all liability for the acts, omissions or conduct of any third parties in connection with or related to your use of the Site. The Xplornet Parties do not make any representations or warranties as to correctness, accuracy, timeliness, reliability, truthfulness or completeness of the Site or the Content. The Xplornet Parties do not make any representations or warranties that operation of the Internet or the Site or access to and use of the Site or Content will be uninterrupted, error free or free from defects, viruses or other harmful components. You assume total responsibility and risk for your use of the Site and the Content.
- Viruses. Xplornet assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of, browsing or downloading any Content, User Content or the Site.
- Territory. The Site originates in Canada. Xplornet’s products and services are offered in Xplornet’s operating territory. Some products and services referred to on the Site may not be available in parts of Xplornet’s operating territory and Xplornet makes no representations or warranties as to the availability of such products or services in your local area and such references do not imply that Xplornet intends to provide such products or services in your local area. Xplornet reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the Site is void where prohibited.