Welcome to the Virtual Space International network (the “Virtual Space International”) operated by Virtual Space International Inc. (“VSI”). Virtual Space International products and services (collectively, the “Services”) are offered by VSI at the URL http://www.virtualspaceintl.net and pages linked thereto which display the Virtual Space International network branding bar and which include a footer link to the Virtual Space International network Terms and Conditions.
By accessing the Virtual Space International network or using any of the Services, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service or any Virtual Space International web site, as all of the same may be modified by VSI from time to time (collectively the “Terms and Conditions”). Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically. The most current version of the Terms and Conditions can be found at http://www.virtualspaceintl.net/terms.html.
Because the Terms and Conditions contain legal obligations, please read them carefully.
3. Registration, Accounts and Passwords.
Certain of the Services and related features, such as personalization, web hosting, instant messaging, and webmail, made available over the Virtual Space International network may require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Virtual Space International network, and (b) all activities that occur under such password or account. Further, you agree to notify VSI of any unauthorized use of your password or account. VSI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
4. Rules and Conduct.
In consideration of the availability, and your use, of the Services, you agree, while visiting the Virtual Space International network, not to
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Virtual Space International network or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Virtual Space International network, the Services or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Virtual Space International network or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
- impersonate or falsely represent your association with any person, including an VSI representative or forum moderator; and
- use, reproduce, sell, resell or otherwise exploit the Virtual Space International network or any of the Services for any commercial purposes.
5. Responsibility for Minors.
In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Virtual Space International network may contain material that is inappropriate for minors.
7. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Virtual Space International network or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. VSI assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the user’s alone. You agree that VSI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
8. All the Virtual Space International network services made available over the Virtual Space International network are offered by VSI on a payment basis (hereinafter referred to as a “Service”), which Service may be offered by VSI on a “prepaid” or on a “pay as you use” basis. Should you choose to purchase access to a Service, you will be required to register, and you will be assigned an account for such Service (the “Service Account”) based on the information you provide to VSI at such time. You agree to pay all the fees applicable to such Service you incur through your Service Account, including any fees associated with the use of such Service.
VSI is an International Business Corporation (IBC) and does NOT collect taxes for any governments, therefore you are responsible to take care of your own tax obligations. Unless otherwise indicated, all Fees for a Service purchased through your Service Account will be billed immediately to the credit card you designated. A credit limit equal to your monthly estimate will be issued and you will not be billed before you reach your credit limit or after 30 days, whichever comes first. If you reach your VSI credit limit within the first 30 days, you will be billed at that time. This will in fact be a new monthly contract, the previous one being replaced. Service Account once used are non-refundable. VSI reserves the right to change the amount of, or basis for determining, any Fees for a Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Service.
In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Service Account.
In consideration of the availability, and your use, of a Service, you acknowledge and agree: (a) to the Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Service Account, (c) that VSI reserves the right to suspend or terminate your Service Account and your use of a Service at any time, including without limitation, where VSI has determined, in its sole discretion, that your use of the Service is, or was, in breach of the Terms and Conditions. Any such termination by VSI shall be in addition to and without prejudice to such rights and remedies as may be available to VSI, including injunction and other equitable remedies.
Refund: If for any reasons you cannot use your account within 10 days from it’s creation, VSI will reimburse, if you wish, the full amount minus the domain reservation costs which are subject to a separate contract with Tucows.
9. VSI Domains.
The VSI Domains service is offered by OpenSRS (a division of Tucows Inc.), an ICANN accredited registrar for .com, .net, .org, .biz, .info and .ca domain names. By registering or pre-registering for a domain name through the VSI Domains service, you are creating a separate contractual relationship between you and Tucows Inc., the terms of which are as set out in the OpenSRS User Agreement made available to you during the domain name registration process. You agree that you, and not VSI, are responsible for all fees, liability, and obligations in connection with that relationship and any domain name you register or pre-register using the service. You further agree that the VSI Domains service is a “Service” under these Virtual Space International Network Terms and Conditions. Accordingly your use of this service including any searches, registrations and pre-registrations is also subject to these Virtual Space International Network Terms and Conditions, including for certainty the terms and conditions regarding Disclaimer of Warranties, Limitation of Liability and Indemnity.
12. Downloads and Shareware. VSI’s Computers – Downloads section allows you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that VSI, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
10. Disclaimer Regarding Third Party Content. the Virtual Space International network offers access to numerous third party web pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the Virtual Space International network websites and web pages or sites displayed as search results or contained within a directory of links on the Virtual Space International network, VSI generally exercises no control over such third party content, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that VSI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
11. Disclaimer regarding Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through any Virtual Space International search services are protected by copyright and/or other intellectual property laws. VSI does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Virtual Space International network, all of the Multimedia Content contained on such sites is owned and served by entities other than VSI. Virtual Space International network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Virtual Space International network search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
12. Professional Information Disclaimer. the Virtual Space International network makes available certain information provided by third parties related to various professional fields such as, without limitation, medicine, law, accounting and financial investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Virtual Space International network does not replace consultations with a qualified medical, legal financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that VSI, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
13. User Content. In respect of any and all content you elect to post on the Virtual Space International network which is accessible by the general public, such as on VSI’s public forums, you grant VSI a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the specific Service to which such content was submitted. Such license shall apply with respect to any form, media, or technology now known or later developed and shall terminate at the time you delete such content from the Service.
With respect to any and all content you elect to post or transmit using the Services, you agree that VSI may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by VSI to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of VSI or any other person.
14. Service Modifications.
You acknowledge and agree that VSI reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that VSI will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
You acknowledge and agree that VSI, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where VSI believes that you have violated any of the Terms and Conditions. You further agree that VSI shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Virtual Space International network, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of VSI in operating the Virtual Space International network and the Services, your sole and exclusive remedy is to discontinue using the Virtual Space International network and the Services.
16. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) the Virtual Space International network AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT VSI MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) VSI SPECIFICALLY MAKES NO WARRANTIES THAT the Virtual Space International network OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF the Virtual Space International network OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
17. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VSI, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER VSI HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR the Virtual Space International network, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO the Virtual Space International network OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold VSI, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys’ fees, related to or in connection with your, or any user of your account’s: (a) violation of the Terms and Conditions, or (b) use of the Virtual Space International network or any of the Services, or (c) placement, posting or transmission of any message, information, software or other content on the Virtual Space International network or through any of the Services.
19. No License.
Intellectual Property of VSI and Others. Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of VSI’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Virtual Space International network and Services is protected by copyright, trademark, patent, or other proprietary rights of VSI, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Virtual Space International network. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Virtual Space International network nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Virtual Space International network.
VSI is a registered company name. All other product, brand and company names and logos used on the Virtual Space International network are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Virtual Space International network without the express written consent of VSI or the owner of the mark, as appropriate, is strictly prohibited.
21. Copyright Notices. All information and content contained on, or made available over, the Virtual Space International network are: Copyright © 2004 Virtual Space International Inc and/or its suppliers and users, c/o Virtual Space International Inc., 55 Frederick Street P.O. Box CB-13039 Nassau, Bahamas. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
This is a private contract. The Terms and Conditions constitute the entire agreement between VSI and you pertaining to your use of the Services and supercede any prior agreements between you and VSI. VSI’s failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by any outside party, such determination shall not affect this agreement as well as any of the remaining provisions (or parts thereof) contained herein.