New Media Data Marketing Inc. and SearchBC.Com Communications Terms of Service Agreement


New Media Data Marketing Inc. and SearchBC.Com Communications (" NMD-SBC"), provides its service to you the Internet User (the "URL Submitter), subject to the following Terms of Service ("TOS" or "Agreement"). NMD-SBC may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. You can review the most current version of the TOS at any time at: http://www.searchbc.com/info/tos.html. Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices. BY USING THE SERVICES, YOU ARE AGREEING TO ALL OF THESE TERMS, CONDITIONS AND NOTICES, WITHOUT MODIFICATION BY YOU. This Web site contains links to Web sites, Web pages and services also operated by New Media Data Marketing Inc. or its partners (the "NMD-SBC Sites"), and your use of each NMD-SBC Site is also subject to the terms of use, if any, contained within each NMD-SBC Site. If any of the terms, conditions and notices contained in these Terms of Use conflict with the terms of use contained within any particular NMD-SBC Site, then those terms of use shall control the use of that NMD-SBC Site. Please familiarize yourself with the terms of use applicable to each NMD-SBC Site.

PERSONAL AND COMMERCIAL USE
You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as permitted by these Terms of Use or under applicable laws. This restriction means, among other things, that you may not mirror on your own Web site, the home page or results pages of this Web site or any NMD-SBC Site.

DISCLAIMER AND WARRANTIES
The Service is a free service offered by New Media Data Marketing Inc. and SearchBC.Com Communications. The SearchBC.Com Search Engine/Index relies on URL and listing submission from Internet users ("URL Submitters") for its searchable content. As a result, NMD-SBC does not and cannot guarantee that your search results will be complete or accurate or that the links associated with the indexed sites will be accurate at the time of your search.

NMD-SBC reserves the right to refuse listing and URL submissions submitted to it, at its sole discretion. NMD-SBC also reserves the right to limit URL listings to one (1) per each unique business, organization, entity, person etc. Multiple submissions of URLs for web sites owned, operated or representing the same organization or service offered by the same organization or person will be considered URL spamming. URL spamming will not be tolerated and may result in the URL Submitter being banned from use of URL/listing service and the URLs in question refused indexing in the SearchBC.Com index.

SearchBC.Com is a family friendly index. Adult sites and sites containing questionable content, appropriateness to be determined by NMD-SBC at its sole discretion, may not be indexed. Only URLs for companies, organizations, persons etc., based or resident in British Columbia, Canada will be indexed in the SearchBC.Com index. URL information submitted with incomplete or incorrect contact or other information may not be added to the SearchBC.Com index.

The Web sites included in the SearchBC.Com index are developed by persons over whom NMD-SBC exercises no control. The process of including sites in the index is combination of manual and automatic processes. NMD-SBC cannot and does not screen all of the sites submitted to or included in the index. For these reasons, NMD-SBC assumes no responsibility for the content of any site included in the index, and shall not be responsible for any errors or omissions contained in this Web site or any NMD-SBC Site, or any offensive or otherwise objectionable content contained in this Web site or any NMD-SBC Site.

NMD-SBC reserves the right to use information submitted to it via URL listing submissions or other processes for purposes to be determined by NMD-SBC, at its sole discretion.

The failure of NMD-SBC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

This Web site also links to other sites with whom NMD-SBC has no relationship. We make no representations or have any liability with respect to these other sites.

THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND ANY OF THE NMD-SBC SITES, ARE PROVIDED ON AN "AS IS" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, NMD-SBC EXCLUDES ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF CONDITION, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND ANY OF THE NMD-SBC WEB SITES.

LIABILITY DISCLAIMER
IN NO EVENT SHALL NMD-SBC OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE, ANY NMD-SBC SITE OR THE SERVICES, EVEN IF NMD-SBC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

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 data exported from Canada.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:

  1. Provide true, accurate, current and complete information about yourself or the Web Site Owner/Operator as prompted by the Service's registration/listing submission form (such information being the "Registration Data");
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
  3. Reside or have a place of business in British Columbia Canada;
  4. Maintain a secure password to your registration/listing submission account.

If you provide any information that is untrue, inaccurate, not current or incomplete, or if NMD-SBC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NMD-SBC has the right to deny, suspend or terminate your URL listing information account and refuse any and all current or future use of the Service (or any portion thereof). Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. NMD-SBC does not consider names, birth dates and addresses secure passwords. The URL Submitter is solely responsible for its password as required to assure secure access to its URL listing account.

ADDITION AND REMOVAL OF SITES
NMD-SBC's approach to the addition and removal of sites to its SearchBC.com index generally reflects the following principles:

  1. The identification, indexing and cataloguing of Web sites is done using software automated and manual processes. Due to the significant volume of information added to and changed in the SearchBC.com index on a daily basis, the maintenance of this service cannot be sustained in any other way. Accordingly, NMD-SBC does not and cannot screen everything posted to this Web site or on any NMD-SBC Site.
  2. NMD-SBC reserves the right to determine, at its sole discretion, which URL submissions/listings will appear in the SearchBC.Com index.
  3. NMD-SBC reserves the right to limit URL listings to one (1) per each unique business, organization, entity, person etc. Multiple submissions of URLs for web sites owned, operated or representing the same organization or service offered by the same organization or person will be considered URL spamming. URL spamming will not be tolerated and may result in the URL Submitter being banned from future use of URL/listing service and the URLs in question refused indexing in the SearchBC.Com index.
  4. URL information submitted with incomplete or incorrect contact or other information may not be added to the SearchBC.Com index. Determining the completeness of the information submitted will be at the sole discretion of NMD-SBC.
  5. SearchBC.Com is a family friendly search engine. It is NMD-SBC's policy to not index adult sites and/or sites with questionable content but because NMD-SBC cannot and does not screen all of the sites submitted to or included in the index, NMD-SBC assumes no responsibility for the content of any site included in the index.
  6. The SearchBC.com index was developed specifically for indexing web sites owned and operated by companies, organizations, persons etc., based or living in British Columbia, Canada. It is NMD-SBC's policy to index only web sites owned and operated by companies, organizations, persons etc., based or living in British Columbia, Canada but because NMD-SBC cannot and does not screen all of the sites submitted to or included in the index, NMD-SBC assumes no responsibility for the content or origin of any site included in the index.
  7. In general, NMD-SBC believes that persons who make information available on the Web do so with the expectation that such information will be publicly and widely available and will be indexed by information location tools such as the SearchBC.Com index. NMD-SBC further believes that making links to publicly accessible Web pages available at this site is legally permissible and consistent with the common, customary expectations of those who make use of the Web and Usenet communications media.
  8. If a URL listing for a particular Web site is not desired by the web site operator, we may remove the link to that site from the NMD-SBC Sites at the site operator's request. If, however, the site operator does not take steps to have the listing removed from the SearchBC.com index, the listing will remain in the index until such time that it is removed by the URL Submitter or by NMD-SBC.
  9. Maintenance of listing information is the sole responsibility of the URL Submitter, NMD-SBC assumes no responsibility for the accuracy of the listing information. If the URL Submitter has forgotten or lost the log-in and password information required for editing and re-submitting listing information, NMD-SBC has provided a method through which the information can be recovered at http://www.searchbc.com/edit/
  10. The failure of NMD-SBC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

NO LICENSE GRANTED
Nothing on this Web site or on any NMD-SBC Site, or your use of the Services, shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of NMD-SBC , its affiliates or any third party, whether by estoppel, implication or otherwise.

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.

REPEAT INFRINGERS
Under the appropriate circumstances, it is NMD-SBC'S policy to remove and/or to disable links and refuse future service to Web sites of URL Submitters and organizations who are repeat infringers of NMD-SBC's Terms of Use herein.

MANIPULATION OF SEARCH RESULTS
NMD-SBC strives to deliver search results that provide accurate information about the content of Web pages. Accordingly, NMD-SBC reserves the right to remove and/or to disable links to a Web site or Web page as to which NMD-SBC has determined, in its sole discretion, that steps have been taken to manipulate NMD-SBC search results.

ACCESS RESTRICTIONS
NMD-SBC reserves the right to terminate your access to this Web site, any NMD-SBC Site or the Services, and to remove any user-created content, at any time, without cause or notice. NMD-SBC also reserves the right to revise these Terms of Use at any time, without notice, and you hereby agree to be bound by such changes.

DEALINGS WITH ADVERTISERS AND WEB SITE OPERATORS
Your correspondence or business dealings with, or participation in promotions of, advertisers or web sites listed in the index, 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 or web site operator. You agree that NMD-SBC 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 or web sites on the Service.

TRADEMARKS
SearchBC.Com, the SearchBC.Com logo, FreeMail@searchbc.com logo, The SearchBC.Com Resource Center logo, and other NMD-SBC logos and product and service names are trademarks of New Media Data Marketing Inc. (the "NMD Marks"), whether or not registered. Without NMD-SBC's prior permission, you agree not to display or use in any manner, the NMD Marks.

These Terms of Use constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these Terms of Use is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms of Use, all of which shall remain in full force and effect. These Terms of Use are governed by and shall be interpreted in accordance with the laws of the Province of British Columbia, without regard to any choice of law provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS
Please report any violations of the TOS mail@searchbc.com.



COPYRIGHT 1997-2001 NEW MEDIA DATA MARKETING INC. AND SEARCHBC.COM COMMUNICATIONS. ALL RIGHTS RESERVED WORLDWIDE.

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