Terms and Conditions

This ITUTILITY.NET Corporation (“ITUTILITY.NET”) web site (the “SERVICE”) is provided for informational purposes only. Please read this Agreement carefully before accessing or using the SERVICE. By accessing or using the SERVICE, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the SERVICE. ITUTILITY.NET may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the SERVICE shall be deemed your conclusive acceptance of the modified Agreement.

TRADEMARK INFORMATION. “ITUTILITY.NET” and “HOSTED SOLUTIONS ENABLER” are trademarks of ITUTILITY.NET Corporation.

*All other company and/or product names are trademarks and/or registered trademarks of their respective manufacturers.

ADHERENCE TO POLICIES. You agree to comply with any policies governing the use of the SERVICE as ITUTILITY.NET may post on the SERVICE from time to time.

ASSUMPTION OF RISKS. YOU UNDERSTAND THAT USE OF THE INTERNET HAS INHERENT RISKS AND YOU AGREE TO ENSURE THAT YOU ARE ADEQUATELY INFORMED OF SUCH RISKS BEFORE DOWNLOADING OR USING ANY MATERIALS FROM THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR SCREENING ANY SOFTWARE FOR VIRUSES, WORMS OR OTHER HARMFUL COMPUTER CODE AND FOR MAINTAINING BACKUPS OF YOUR SOFTWARE AND DATA. YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS THAT YOU MAY FIND OFFENSIVE. ITUTILITY.NET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.

Except for information, products or services clearly identified as being supplied by ITUTILITY.NET, ITUTILITY.NET does not operate, control or endorse any information, products or services on the Internet in any way.

GRANT OF LICENSE. ITUTILITY.NET grants to you the right to print and download and use information from or software from the SERVICE solely for your own non-commercial use. You may make one machine-readable copy of the information or software downloaded from the SERVICE, one backup copy, and one print copy solely for your own non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of ITUTILITY.NET or any third-party information provider to the SERVICE. You agree not to change or delete any proprietary notices from materials downloaded from the SERVICE.

DEEMED NON-CONFIDENTIALITY. You agree that any information submitted to ITUTILITY.NET shall be deemed not to be confidential information. You agree that you shall have no recourse against ITUTILITY.NET for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ITUTILITY.NET.

COPYRIGHT. The content of this Site is owned by ITUTILITY.NET or its suppliers and is protected by Canadian and USA copyright laws and international treaty provisions. Therefore, you must treat the Site like any other copyrighted material (for example, a book or musical recording). You may not make any copies of materials or software on this SERVICE except as expressly allowed in this Agreement.

NON PERMITTED USES. Without the express permission of ITUTILITY.NET Corporation, you may not:

GOVERNING LAW. This LICENSE Agreement shall be governed by the laws of the Province of Ontario, Canada and shall inure to the benefit of ITUTILITY.NET, its successors, administrators, heirs and assigns. You agree that the venue of any litigation shall be in Ottawa, Ontario and that the courts of such jurisdiction constitute a convenient forum. You agree to expressly exclude the application to this Agreement of conflicts of law principles, the body of law applicable to choice of law, and the United Nations Convention on Contracts for the International Sale of Goods and any implementing legislation or other consumer protection legislation worldwide.

LIMITED WARRANTY. The contents of the SERVICE including without limitation information or software offered through the SERVICE and accompanying materials are provided “as is”‚”as available” without warranty of any kind. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS INFORMATION OR SOFTWARE IS ASSUMED BY YOU. SHOULD THE INFORMATION OR SOFTWARE PROVE DEFECTIVE IN USE, YOU (AND NOT ITUTILITY.NET OR ITS AGENTS) ASSUME THE ENTIRE RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION OR OPINION PROVIDED ON THE SERVICE AND FOR ANY COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF DATA. FURTHER, ITUTILITY.NET DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SERVICE, INCLUDING ANY INFORMATION OR SOFTWARE OFFERED THROUGH THE SERVICE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE AND YOU RELY ON THE INFORMATION OR SOFTWARE AND RESULTS AT YOUR OWN RISK. ITUTILITY.NET DOES NOT WARRANT THAT THE SERVICE OR ANY SOFTWARE DOWNLOADED FROM THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. ITUTILITY.NET DOES NOT WARRANT THAT THE INFORMATION ON THE SERVICE DOES NOT INFRINGE PROPRIETARY RIGHTS OF THIRD PARTIES.

LIMITED LIABILITY. In no event will ITUTILITY.NET be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the SERVICE, or any information, or transactions provided on the SERVICE or downloaded or hyperlinked from the SERVICE, even if ITUTILITY.NET or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the SERVICE and/or materials or information downloaded through, or hyperlinked from, the SERVICE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, ITUTILITY.NET’s liability is limited to the greatest extent permitted by law.

ACKNOWLEDGMENT. You acknowledge that you have read this LICENSE and Limited Warranty, understand them and agree to be bound by their terms and conditions. You also agree that the LICENSE and Limited Warranty are the complete and exclusive statement between the parties and supersedes all other communications between the parties relating to the subject matter of the LICENSE or the Limited Warranty.