Hosting Acceptable Use Policy

PLEASE READ CAREFULLY BEFORE USING OUR SERVICES.

THIS ACCEPTABLE USE POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND LOCALNET CORP. ("LOCALNET", "WE" OR "US") a provider of retail web hosting, e-mail, electronic commerce, and domain name services ("Services").

A. ACCEPTANCE:

YOU AGREE TO REFRAIN FROM THE FOLLOWING EXAMPLES OF PROHIBITED CONDUCT;
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO LOCALNET THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
IF YOU DO NOT AGREE TO ABIDE BY THIS POLICY PLEASE DO NOT USE OUR SERVICES.

B. PROHIBITED CONDUCT

You will violate this Policy if you engage in the following examples of prohibited activities while using our Services:

Spamming
1. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming")
2. Maintaining an open SMTP relay
Facilitating a Violation of this Policy
1. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
Infringing Intellectual Property Rights
1. Engaging in any activity that:
  1. infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities
  2. violates privacy, publicity, or other personal rights of others
Obscene Speech or Materials
1. Using LocalNet’s Services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of pornography or obscene speech or material. LocalNet shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through LocalNet’s Services
Promoting Violence or Injury
1. Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals or any governments, businesses or other entities
2. Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances
3. Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property
Defamatory or Abusive Language
1. Using LocalNet’s Services as a means to transmit or post defamatory, harassing, abusive, or threatening language
Forging of Headers
1. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message
Illegal or Unauthorized Access to Other Computers or Networks
1. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking")
2. Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
1. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks
2. Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment
Export Control Violations
1. Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States
Illegal Activities
1. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software
Gambling
1. Engaging in or promoting gambling
Promoting Intoxicants
1. Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance
Instructing others in Prohibited Activities
1. Providing instructions with respect to any activities listed in (a) through (n) above
Other Activities
1. Engaging in any other activity, whether lawful or unlawful, that LocalNet in its sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.

DIGITAL CONTENT LICENSE AGREEMENT

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE DIGITAL CONTENT (AS DEFINED BELOW).

THIS LICENSE AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND LOCALNET CORP. ("LOCALNET", "WE" OR "US"), A PROVIDER OF RETAIL WEB HOSTING, E-MAIL, ELECTRONIC COMMERCE, AND DOMAIN NAME SERVICES ("SERVICES").

WE ARE NOT IN A POSITION TO OFFER GUIDANCE ON EACH INDIVIDUAL USE OF THE DIGITAL CONTENT. PLEASE CONSULT INDEPENDENT LEGAL RESOURCES IN CASES WHERE YOU ARE UNCERTAIN ABOUT INTENDED USAGE. SUPPLEMENTARY RIGHTS MAY NEED TO BE ACQUIRED IN SOME CASES.

A. ACCEPTANCE:

YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT;
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT TO LOCALNET THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY; AND
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THIS DIGITAL CONTENT.

B. LICENSE:

Through our Services, you will be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text and "applets", and "online" or electronic documentation (together called the "Digital Content").
You may use, modify and publish the Digital Content in accordance with the terms of this License Agreement.
Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to the terms and conditions of this License Agreement.
The copyright and all other rights to the Digital Content shall remain with our licensors.

C. PERMITTED USE OF DIGITAL CONTENT:

YOU MAY incorporate the Digital Content into your own original work and publish your work in a web site provided that:

The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason; and
You continue to pay for our Services.

D. UNAUTHORIZED USES OF DIGITAL CONTENT:

YOU MAY NOT:

Post web pages containing the Digital Content on servers other than those owned or operated by LocalNet or our suppliers;
Use the Digital Content for any purpose, if you no longer pay for our Services;
Use the Digital Content to create printed or "hard copy" documents;
Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
Use the Digital Content in Web page design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
Translate, reverse engineer, decompile, or disassemble the Digital Content;
Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
Use the Digital Content or make copies of it except as permitted in this License Agreement.

E. TERM:

This License Agreement shall remain in effect only for so long as you:
1. Are in compliance with the terms and conditions of this agreement; and
2. Pay for the Services provided by LocalNet.
You agree, upon termination, to cease using and destroy all copies of the Digital Content.
Section D above and the Limitations of Warranties and Liability set out below shall continue in force even after any termination.

F. LIMITATION OF WARRANTIES AND LIABILITY:

THE DIGITAL CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR ONE MONTH’S ACCESS TO OUR SERVICES. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

G. INDEMNIFICATION:

YOU SHALL INDEMNIFY LOCALNET, OUR LICENSORS, PROVIDERS, SUPPLIERS OR AFFILIATES AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR YOUR UNAUTHORIZED USE OF THE DIGITAL CONTENT AND RELATED RIGHTS.

H. U.S. GOVERNMENT RIGHTS:

With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the "Government"), the Digital Content shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). The Digital Content was developed entirely at private expense, and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable. If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as amended or applicable.

I. GENERAL:

In the event that LocalNet notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by LocalNet in your possession or control.
This License Agreement is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
This License Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable.
If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.