|
TERMS OF USE
1. Introduction
Index.com is an innovative website directory service ("Service")
available over the Internet. As part of our service, Index.com will provide
you with links to other Web sites and other services that Index.com may
decide to offer, subject to the terms hereof. Upon notice published through
the Service or otherwise, Index.com may modify this Agreement at any time.
You agree and continue to agree to use the Index.com Service in a manner
consistent with all applicable laws and regulations and in accordance
with the terms and conditions set out below.
2. General Terms
2.1 Use
By using the Service, you agree to be legally bound and to abide by
the Terms of Service, just as if you had signed this Agreement. If you
do not comply and/or continue to comply with the Terms of Service, Index.com
may terminate your right to access the service.
2.2 Discontinue Use
Index.com may discontinue or alter any aspect of the Service, including,
but not limited to:
- Restricting the availability and/or scope of the Service for certain platforms and operating systems;
- Restricting the times the service is available;
- Restricting the amount of use permitted; and
- Restricting or terminating any User's right to use the Service, at Index.com's sole discretion and without prior notice or liability.
2.3 Charges
You are responsible for all charges (e.g., telephone) associated with
connecting to the Service through an available access number. You are
also responsible for obtaining or providing all telephone access lines,
telephone and computer equipment (including modem), or other access
device, necessary to access the Service.
2.4 Content
You acknowledge that the Service contains information, software, photos,
video, graphics, music, sounds or other material (collectively, "Content")
that are protected by copyrights, trademarks, trade secrets or other
proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter developed. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the Content, in whole or in part. You
may not upload, post, reproduce or distribute Content protected by copyright,
or other proprietary right, without obtaining permission of the copyright
owner. All other trademarks appearing on the Service are trademarks of
their respective owners.
2.5 Responsibility
Index.com claims no responsibility for the accuracy, content, or availability
of information accessed or linked to through use of its Service. Index.com
encourages its users to determine and abide by the restrictions the
authors and providers of linked-to Web sites have placed upon use of
the information contained in those Web sites.
2.6 Conduct of User
You will not engage in any conduct that in the discretion of Index.com
restricts or inhibits any other person from using or enjoying the Service.
You agree to use the Service only for lawful purposes. You certify that
you are an individual (e.g., not a corporation) and at least eighteen
(18) years of age or have specific permission from a parent or legal
guardian to use the Service. You are prohibited from posting on or transmitting
through the Service any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially, ethnically
or otherwise objectionable material of any kind, including, but not
limited to, any material which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law.
2.7 Variation of Server
Index.com may elect to electronically monitor the Service for adherence
to the Terms of Service and may disclose any Content, records or electronic
communication of any kind:
- To satisfy any law, regulation or authorized governmental request;
- If such disclosure is necessary to operate the Index.com Service; or
- To protect the rights or property of Index.com or its partners.
2.8 Rights of Index.com
Index.com reserves the right to prohibit conduct, communication or Content
which it deems in its discretion to be harmful to individual users or
other third-party rights, or to violate any applicable law.
3. Disclaimer of warranty and limitation of liability
3.1 Index.com's services are provided "as is," without warranty
of any kind, either express or implied, including without limitation
any warranty for information, services, uninterrupted access, or products
provided through or in connection with the service, including without
limitation any Index.com software licensed to you and the results obtained
through the service. Specifically, Index.com disclaims any and all warranties,
including without limitation:
- Any warranties concerning the availability, accuracy or content of information, products or services; and
- Any warranties of title or warranties of merchantability or fitness for a particular purpose. You agree that use of the service is entirely at your own risk.
3.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT INDEX.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
3.3 Neither Index.com nor any of its partners, agents, affiliates
or content providers shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of use of the service or
inability to gain access to or use the service or out of any breach of
any warranty. You hereby acknowledge that the provisions of this section
shall apply to all content on the service.
3.4 You agree to indemnify and hold Index.com, its partners, agents,
affiliates and content partners harmless from any dispute, which may arise
from a breach of terms of this agreement. You agree to hold Index.com harmless
from any claims and expenses, including reasonable attorney's fees and
court costs, related to customer's violation of this agreement, including
the terms of service or any content placed on the service by you.
4.Miscellaneous
4.1 Governing Law
This Agreement shall be construed and controlled by the laws of the
State of Florida, USA. Further, the laws of the State of Florida
will govern any dispute arising from the terms of this agreement or
a breach of this Agreement. Customer agrees to personal jurisdiction
by the state and federal courts sitting in the State of Florida.
4.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes all
previous and contemporaneous agreements, proposals and communications,
written or oral between Index.com representatives and you. Index.com may
amend or modify this Agreement or impose new conditions at any time
upon notice from Index.com to Customer as published through the Service.
Any use of the Service by you after such notice shall be deemed to constitute
acceptance by you of such amendments, modifications or new conditions.
4.3 Independent Contractors
The parties are independent contractors. This Agreement shall not be
construed to create a joint venture or partnership between the parties.
Neither party shall be deemed to be an employee, agent, [partner or
legal representative of the other for any purpose and neither shall
have any right, power or authority to create any obligation or responsibility
on behalf of the other.
4.4 Section Headings
The section headings contained herein are for reference purposes only
and shall not in any way affect the meaning or interpretation of this
agreement.
|