1. ACCEPTANCE OF TERMS
Network Canada provides its service to you, subject to the following Terms of
Use ("TOU"), which may be updated by us from time to time without
notice to you. In addition, when using particular Network Canada services, you
and Network Canada shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such guidelines
or rules are hereby incorporated by reference into the TOU.
2. DESCRIPTION OF SERVICE
Network Canada currently provides users with access to a collection of resources,
including, various communications tools, forums, and personalised content (the
"Service"). You understand and agree that the Service may include
certain communications from Network Canada, such as service announcements, and
administrative messages and that these communications are considered part of
the Network Canada membership and newsletter-only membership and you will not
be able to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release
of new Network Canada properties, shall be subject to the TOU. You understand
and agree that the Service is provided "AS-IS" and that Network Canada
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications.
You are responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Network Canada has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
Network Canada has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
Registration Data and certain other information about you is subject to our
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify Network Canada of any
unauthorised use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Network
Canada cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not Network
Canada, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. Network Canada does not
control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Network Canada be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Network
Canada official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"Spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Network Canada does not pre-screen Content, but that Network
Canada and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Network Canada and its designees shall have
the right to remove any Content that violates the TOU or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
You acknowledge and agree that Network Canada may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOU; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of Network Canada, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United Kingdom or the country in which you reside.
You agree to indemnify and hold Network Canada, and its officers, and volunteers,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOU, or your violation of any rights of
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Network Canada may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service. You agree that
Network Canada has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that Network Canada reserves the
right to log off accounts that are inactive for an extended period of time.
You further acknowledge that Network Canada reserves the right to change these
general practices and limits at any time, in its sole discretion, with or without
11. MODIFICATIONS TO SERVICE
Network Canada reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Network Canada shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
You agree that Network Canada, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
for lack of use or if Network Canada believes that you have violated or acted
inconsistently with the letter or spirit of the TOU. Network Canada may also
in its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOU may be effected without
prior notice, and acknowledge and agree that Network Canada may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further,
you agree that Network Canada shall not be liable to you or any third-party
for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including 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
advertiser. You agree that Network Canada shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Network Canada has no control over such
sites and resources, you acknowledge and agree that Network Canada 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 Network Canada 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.
15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
A. Your use of the Service is at your sole risk. The Service is provided on
an "as is" and "as available" basis. Network Canada expressly
disclaims all warranties of any kind, whether express or implied, including,
but not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
B. Network Canada makes no warranty that (i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, or error-free, (iii) the results
that may be obtained from the use of the Service will be accurate or reliable,
and (iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations.
C. Any material downloaded or otherwise obtained through the use of the Service
is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of any such material.
D. No advice or information, whether oral or written, obtained by you from Network
Canada or through or from the Service shall create any warranty not expressly
stated in the TOU.
16. LIMITATION OF LIABILITY
You expressly understand and agree that Network Canada shall not be liable for
any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Network Canada has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services resulting from
any goods, data, information or services purchased or obtained or messages received
or transactions entered into through or from the Service; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements or conduct
of any third party on the Service; or (v) any other matter relating to the Service.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations of sections 15 and 16 may not apply to you.
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOU or other matters by displaying notices
or links to notices to you generally on the Service.
19. COPYRIGHTS and COPYRIGHT AGENTS
Network Canada respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide Network Canada's Copyright Agent
the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that
you claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
20. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Network Canada and govern
your use of the Service, superseding any prior agreements between you and Network
Canada. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party software.
The TOU and the relationship between you and Network Canada shall be governed
by the laws of the United Kingdom without regard to its conflict of law provisions.
You and Network Canada agree to submit to the personal and exclusive jurisdiction
of the courts located in the United Kingdom. The failure of Network Canada to
exercise or enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. If any provision of the TOU is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in full
force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service
or the TOU must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or