Access
to and use of the web pages located at the
domain thedomainguide.com ("Site")
by you ("User") is subject to, and
constitutes your acceptance of, and agreement
to comply with, the following terms and conditions
("Agreement"). If you do not agree
to the terms and conditions of this Agreement,
you should immediately discontinue any use
of the Site. Also note that the terms and
conditions of this Agreement may change from
time to time and it is your responsibility
to check for such updates on this Site. If
any change is unacceptable to you, your sole
recourse is to discontinue accessing or otherwise
using this Site. Your continued use of the
Site shall constitute your acceptance of the
Agreement as amended.
Copyright
The Domain Guide either owns the intellectual
property rights, including copyright, or has
acquired the necessary licence's therein,
in and to the information, including, without
limitation, all text, HTML code, multimedia
clips, images, graphics, icons, Java code,
and the selection and arrangement of the contents
of the Site (collectively the "Information").
The User is granted a limited, non-exclusive
license to display the Information and print
short extracts of the Information for the
User's own personal use only, provided the
Information is not modified, identifies the
source, bears The Domain Guide's copyright
notice as it appears above, and provided further
that the User shall be fully responsible for
any consequences resulting from such use.
Any other use of the Information is strictly
prohibited. None of the Information may be
otherwise reproduced, republished or re-disseminated,
in whole or in part, in any manner or form
without the prior written consent of The Domain
Guide.
Reservation of Endorsement General.
The Site may contain links
to other sites. These links are provided for
your convenience only as references to help
the User identify and locate other Internet
resources that may be of interest. Independent
third parties, other than The Domain Guide,
have developed, maintain and operate these
other sites and The Domain Guide does not
assume responsibility for the accuracy, completeness,
appropriateness or timeliness of any statements,
data, information, opinions, or advice contained
at such sites. In providing links to other
sites, The Domain Guide is in no way acting
as a publisher or disseminator of the material
contained on those other sites and does not
monitor, or maintain any type of control,
editorial or otherwise, over such sites. A
link to another site should not be construed
to mean that The Domain Guide recommends,
approves or endorses, or is affiliated or
associated with, that other site, or is authorized
to use any trademark, service mark, trade
name, logo, symbol or copyrighted work that
may be reflected in the link or the description
of the link to other such sites. The User's
access to and use of such sites, whether through
use of a link contained on this Site or otherwise,
including the use of any material, information,
products or services contained therein, are
solely at the User's own risk.
The Domain Guide Tools
Certain web pages and services offered by
The Domain Guide on the Site provide the User
with the ability to perform searches using
User-defined parameters to identify and obtain
information (including links) on various Web
hosting companies and the services they offer.
The information listed in all such search
results has been entered directly by the Web
hosts and is not reviewed by The Domain Guide.
The identification of a Web
host or any other party (collectively, a "Third
Party"), and the provision of information
related to it, appearing in the results achieved
through the use of any tool or service provided
by The Domain Guide in this Site, whether
such information is contained on this Site
or linked from this Site, should not be construed
as a recommendation, approval or endorsement
by The Domain Guide of that Third Party or
its services, or that there is an affiliation
or association between The Domain Guide and
that Third Party or its services. All reservations
noted above under the heading "General"
as they apply to linked sites apply equally
to the results achieved through the use of
any tool or service provide by The Domain
Guide in or through this Site and to any Third
Party product or service.
All transactions or communications
that take place between the User and a Third
Party that the User has identified through
the use of this Site, including any purchase
of services, take place solely between the
User and that Third Party. The Domain Guide
is not involved in any such transactions or
communications whatsoever. Any disputes arising
from any such transactions or communications
between Users and Third Party's are solely
matters to be resolved between those parties
and in connection therewith, the User hereby
agrees to release, indemnify and hold The
Domain Guide harmless from and against any
and all claims, demands and damages of any
kind arising from such circumstances.
Disclaimer of Warranty
THIS SITE AND ALL INFORMATION AND OTHER MATERIALS
MADE AVAILABLE ON OR THROUGH THIS SITE ARE
PROVIDED "AS IS" WITHOUT REPRESENTATIONS,
WARRANTIES, CONDITIONS AND INDEMNITIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. The Domain
Guide DISCLAIMS ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED
OR ERROR-FREE OPERATION, TITLE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS, OR THOSE ARISING
OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
THE SITE AND ALL INFORMATION AND OTHER MATERIALS
MADE AVAILABLE ON OR THROUGH THIS SITE IS
REASONABLY BELIEVED TO BE RELIABLE WHEN POSTED.
HOWEVER, The Domain Guide DOES NOT PROVIDE
ANY REPRESENTATIONS, WARRANTIES, CONDITIONS
OR INDEMNITIES REGARDING THE USE, VALIDITY,
ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY
OR RELIABILITY OF, OR ANY RESULTS OF THE USE
OF, OR OTHERWISE RESPECTING, THE SITE OR ANY
INFORMATION OR OTHER MATERIALS MADE AVAILABLE
ON OR THROUGH THIS SITE OR ANY SITES LINKED
TO OR FROM THE SITE. The Domain Guide ASSUMES
NO OBLIGATION TO UPDATE THE SITE OR ADVISE
OF ANY FURTHER DEVELOPMENTS. INFORMATION AND
THIRD PARTY INFORMATION WHETHER CONTAINED
ON OR LINKED FROM THE SITE MAY CONTAIN TYPOGRAPHICAL
ERRORS AND MAY BE SUBJECT TO CHANGE WITHOUT
NOTICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL The Domain Guide
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED,
ECONOMIC OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF USE, DATA, PROFIT,
OPPORTUNITY OR SAVINGS, ARISING OUT OF OR
IN ANY WAY RELATED TO THE USE, OR THE INABILITY
TO USE OR ACCESS THE SITE OR ANY INFORMATION
OR OTHER MATERIALS AVAILABLE ON OR THROUGH
THE SITE, WHETHER BASED IN CONTACT, TORT,
NEGLIGENCE OR OTHERWISE, EVEN IF The Domain
Guide OR AN AUTHORIZED REPRESENTATIVE OF The
Domain Guide HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF THE SITE OR
ANY INFORMATION OR OTHER MATERIALS AVAILABLE
ON OR THROUGH THE SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, THE USER ASSUMES ANY COSTS THEREOF.
Trademarks
Certain words, phrases, names, designs or
logos used on the Site constitute trade marks,
service marks or trade names of The Domain
Guide or other entities as indicated. The
display of any such marks or names on the
Site does not imply that a license has been
granted by The Domain Guide or such other
entities. The Domain Guide will take all appropriate
legal action necessary to fully and effectively
enforce its rights, whether such rights are
in respect of a trademark, service mark, copyright
or any other intellectual property right or
other right of The Domain Guide under applicable
law, as set out in this Agreement.
User's Warranties and Representations
The User hereby represents, warrants and covenants
that the use of the Site by the User has not
and shall not violate any applicable local,
national or international law, including,
without limitation, any regulations having
the force of law. The User hereby covenants
not to impersonate another person in the use
of the Site or the sending of any email to
an address listed on the Site.
Governing Law
The laws of the State of Texas, USA applicable
therein shall govern as to the interpretation,
validity and effect of this Agreement notwithstanding
any conflict of laws provisions or the User's
domicile, residence, or physical location.
The User hereby consents and submits to the
non-exclusive jurisdiction of the courts of
the Province of Ontario in any action or proceeding
instituted under or related to this Agreement.
General
This Agreement sets forth the entire agreement
between you and The Domain Guide in respect
of the Site and its contents and supersedes
all prior agreements, whether written or oral,
with respect to the subject matter hereof.
If any provision of this Agreement is held
to be invalid or unenforceable, such provision
shall be struck from these Terms and Conditions
and the remaining provisions shall remain
in full force and effect. Any failure by The
Domain Guide to enforce any provision of this
Agreement will not constitute a waiver of
our right to subsequently enforce such provision
or any other provision of this Agreement.
This Agreement shall endure to the benefit
of and be binding upon each of us and our
respective successors and permitted assigns.
If you want us to get in
touch with you, fill out our Contact Form,
with any comments or ideas you have, in the
Contact Us section of this Web site.
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