Service Agreement For
Search Import
Welcome to Search Import® (the
"Site"), the on-line service. By using the Site you
agree to the following terms and conditions.
USER CONDUCT
The Site and
its contents, including but not limited to articles,
newsletters, graphical images, interactive applications,
audio and video material, compilations of material, and
the user interface (the "Content") are the property and
copyrighted material of Search Import, its licensors and
vendors. "Content" also includes any material from the
Site that Search Import delivers to you through e-mail.
You may display the Content and otherwise use the Site
solely for your personal use. You may not modify, copy,
distribute, forward, display, repost, sublicense, create
derivative works from, transfer or sell any Content
except as permitted in this Agreement.
"Search Import®" logos, product names and trade names
are trademarks or registered trademarks of Search
Import®. ALL trademarks used on the Site are the
property of their respective owners. Search Import
trademarks may be used only with the express permission
of Search Import.
If you download any software from the Site, including
but not limited to shareware, Freeware, commercial
demonstrations, and files downloaded from servers linked
to but not affiliated with the Site ("Software"), you
agree that you will not (and will not permit any third
party to) remove or obscure any copyright, trademark or
other proprietary notices or legends or any end-user
terms and conditions from any copy of such Software.
If you would like to make photocopies for educational or
internal business usage or store and display an article
or newsletter incorporated into the Site on your
internal network, you first must contact
Search Import® 101-215 Parkdale Avenue. Ottawa, ON.
K1Y 4T8.
If you would like to quote a portion of a Search Import
article or newsletter incorporated into the Site you
must: (1) submit the text to be quoted to Search Import
for approval; (2) list the author, the title of the
article or newsletter, the URL of the specific Site page
from which the quote was obtained, and the date the
article or newsletter was posted by Search Import; (3)
repost or reprint the quote in full as approved, without
any alteration to the copy. For approval, please contact
James R. Colbert.
If you would like to republish Search Import's articles
and newsletters in full on other Web sites or media or
make any commercial use of the Content, you must first
obtain a license from Search Import. Generally such
licenses will not be granted without payment of a
license fee and a detailed description and sample of the
proposed use. To inquire further about obtaining such a
license, contact
James R. Colbert.
If you would like to order official reprints of Search
Import editorials for use in media kits, in press kits,
or at trade shows, contact
James R. Colbert. Search Import will provide copies
of articles or newsletters in an 8.5" by 11" color
format.
USER PARTICIPATION
You may post material to our pay-per-click database,
free listings, forums and other interactive areas of the
Site. However, you may not post any material that (1)
abusive or threatening to others; (2) infringes the
copyright, trademark or other right of any third party;
(3) uploads viruses or other contaminating or
destructive features; or (4) is in violation of any
applicable laws or regulations. You are solely
responsible for ensuring that any material you post
complies with the foregoing conditions and will
indemnify SI, its officers and employees from and
against all claims, liabilities, judgments, damages and
costs (including attorney's fees) which arise out of
materials you have posted on the Site. If Search Import
becomes aware of any material that it believes may
violate the foregoing conditions, it may, at its sole
discretion, modify or remove the material.
You grant to Search Import the right to copy, publish,
distribute, modify, translate and otherwise use in any
medium any material that you place on the Site by any
means, without compensation to you.
ACCOUNT MANAGEMENT
Search
Import in not responsible for loss or damage to any user
account database. All deposits made to such account is
NON REFUNDABLE. We may terminate any user account if
deemed to be abusive or otherwise ignoring the agreement
without a refund. By placing funds in your account to be
used for clickthrough traffic, you are agreeing that we
do not guarantee any specific amount of traffic to your
URL. As long as the account remains open, the monies
deposited are to be used up in our clickthrough programs
or special offers through our other sites or partners.
If user should terminate their own account, they do so
with the understanding that NO monies will be refunded.
Any fraudulent
attempts to add money to accounts and/or open more than
one free test drive account without following through
with the actual payment will result in fraud charges
and/or billing administration fees for the cleanup of
such acts if confirmation is not received from our
merchant account that you just had a problem with them.
Free accounts
that are offered as a cross promotion with other
partners are considered a ONE TIME activation. You are
welcome to target as many keywords and point to as many
site URLS as you like. However, signing up again using
another name, e-mail, URL, etc., is strictly forbidden.
We do a strenuous search when a new account is activated
and if we determine that you are trying to deceive us,
your accounts will be terminated and all funds that are
presently recorded will be lost. NO EXCEPTIONS!
If your free
account runs out of fees, you are required to make a
deposit if you wish to stay active. You CAN NOT sign up
for a new free account for at least one (1) year.
Affiliate Partners
DO NOT
advertise our search engine, affiliate program, or any
of our other sites at Search Import. This would be an
unfair advantage over other paying clients that are
bidding for the same keywords for their promotions. It
would also artificially inflate the bidding prices. Any
affiliate trying to do so will be terminated immediately
and all funds in your account will be lost. However, you
are allowed to advertise your own site and any other
opportunities as long as they qualify for the keywords
you use. You can also advertise any of our sites on
other PPC engines. Just be sure to use your assigned
affiliate code.
No form of
deception attempts will be tolerated. Any affiliate
trying to do so will be terminated immediately and all
funds in your account will be lost.
NOTE: ANY
links to our site that we have credited to you will be
continuously monitored for the eligibility of using
funds that we deposit. If links are removed, we will
have no choice but to debit the account for the funds we
paid. Any earnings made for clickthrough traffic will
remain. You can place as many banners and links that you
want on your site, but remember, we only pay one $25
dollar fee per site. The rest of your earnings come from
the clickthrough rates and bonuses.
PURCHASE OF PRODUCTS AND DOWNLOADING OF SOFTWARE
You may have the opportunity to order or receive
merchandise and services, and to download Software
(collectively "Products") through the Site directly or
through links on the Site. All Products (unless
otherwise noted as owned or offered by Search Import)
are provided by third-party vendors ("Vendors") pursuant
to agreements, licenses or other arrangements between
that Vendor and you. All aspects of your transactions
regarding the Products, including, but not limited to,
purchase terms, payment terms, warranties, guarantees,
maintenance and delivery, are solely between you and the
applicable Vendor. Your rights and remedies with respect
to such transactions shall be solely against the
applicable Vendor and any questions, complaints or
claims related to any Product should be directed to that
Vendor.
By using the Site you acknowledge and agree that Search
Import and its affiliates shall have no liability for
any cost, damage or harm arising directly or indirectly
in connection with any of the Products ordered or
received through this Site or through links on this Site
or from any action or inaction of any Vendor.
By sending any sensitive information over the Internet
in connection with your use of this Site, you agree that
neither Search Import nor any Vendor will have any
liability if the applicable encryption technology fails
to protect your information.
LIMITATION OF LIABILITY AND DISCLAIMERS
ANY INFORMATION, PRODUCT (INCLUDING SOFTWARE) OR SERVICE
PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED
WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
SEARCH IMPORT MAKES NO REPRESENTATIONS OR WARRANTIES AS
TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY
STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE
SITE AND NEITHER REPRESENTS NOR WARRANTS THAT ANY
SOFTWARE DOWNLOADED FROM THE SITE OR ANY LINK THERETO
WILL BE ERROR-FREE OR VIRUS-FREE.
SEARCH IMPORT WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM
LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF
ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED
E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR
OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR
INABILITY TO USE THE CONTENT OR SITE, EVEN IF SEARCH
IMPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
You understand that user-posted material expresses the
views of that user and not the view of Search Import,
and that except as otherwise stated in this Agreement,
Search Import does not undertake to review, screen or
approve user-posted material.
The Site may contain links to other Web sites that are
owned and operated by third parties. You acknowledge
that Search Import is not responsible for the accuracy,
content, or availability of information accessed or
linked to through the Site, nor does the inclusion of
any such link imply endorsement by Search Import of that
Web site.
The Site includes Content concerning various products,
including product descriptions, usage information and
reviews. All such material is provided for informational
purposes only and does not imply any endorsement of any
particular product or affiliation with any particular
Vendor. You acknowledge that you are solely responsible
for determining what, if any, Products are suitable for
your purposes and for any loss, liability, damage or
costs you may suffer as a result of any purchases you
make.
GENERAL
Search Import reserves the right to change this
Agreement at any time by revising the terms and
conditions herein. You are responsible for regularly
reviewing these terms and conditions and your use of the
Site following any such change constitutes your
acceptance of such changes.
Search Import reserves the right to change the Site at
any time at its sole discretion without notice to users.
Search Import may deny access to the Site to anyone at
any time.
This Agreement shall include any additional terms,
conditions, notices, policies or disclaimers provided by
Search Import, its licensors or vendor in specific areas
of the Site. However, in the event of a conflict between
such terms and this Agreement, the terms of this
Agreement shall control.
This Agreement shall be governed by and construed in
accordance with the laws of Canada, as applied to
contracts entered into and performed within Canada.
The foregoing notwithstanding, nothing in this Agreement
will be deemed to preclude any party from using the
legal process of any court with jurisdiction to seek
remedy or redress (including without limitation
injunctive or other equitable relief) for any
infringement of copyright, trademark rights, or other
intellectual property rights.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN
ARE RESERVED.