Canada's Virtual North
Outdoor Adventures Canadian Vacations

Terms of Service and Use (version 0.9)

Please take the time to familiarize yourself with our terms of service and use. We provide our services based on your acceptance of the following terms. Virtual North reserves the right to change the terms, conditions, and notices under which the Virtual North sites and services are offered, without notice, including but not limited to the charges associated with the use of the Virtual North Sites and Services.

You are responsible for regularly reviewing our terms and conditions. Your continued use of the Virtual North Sites and Services constitutes your agreement to all terms, conditions, and notices. Virtual North shall have the right to remove any content that violates the Terms of Service or is otherwise objectionable. 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; for exceptions to this please refer to the agency clause below.

Accurate Information

You are obliged, upon registration to provide true, accurate and current information about yourself, as owner, agent, or representative and about the services your operation offers. You are obliged to maintain and update your information as changes are made to your site or operations. If you provide untrue or inaccurate information your account will be terminated. Additionally, if Virtual North has reasonable grounds to suspect that your information is not accurate or is falsified in anyway we shall have the right to terminate your service.

Your Name and Password

For those who choose an enhanced membership: After reading and accepting our terms of service you will be provided with a user name and password for your account. It is up to you to ensure the confidentiality of your password. Your are responsible for all use and access to your account. Do not give your password to third parties. You must immediately inform Virtual North of any unauthorized use of your password or account and any other breach of security.

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. Text in any other language must be approved by Virtual North prior to posting.

Indemnity

You agree to indemnify and hold Virtual North, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers' fees, made by any third party, due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, Virtual North account or password, with your knowledge.

Disclaimer

  • Your use of the services of Virtual North is at your sole risk. We provide service on an "as is" and "as available" basis. Virtual North makes no warranty that the service will meet your requirements,
  • the service will be uninterrupted, timely, secure or error-free,
  • the results that may be obtained from the use of our site will be accurate or reliable,
  • any material downloaded or otherwise obtained through the use of Virtual North is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material,
  • no advice or information, whether oral or written obtained by you from Virtual North or from the services provided shall create any warranty not expressly stated in the terms of service.

Disclaimer Regarding Searches & Free Listing

Searches on Virtual North and a simple listing on our site are free services offered by Virtual North. Because the enhanced links are available at a cost and the worldwide web changes constantly we do not guarantee where you will come in the listings or that your link will appear on every search. Thus, Virtual North explicitly disclaims any responsibility for the Content or availability of your information contained in our search index or directory.

All Member

Virtual North reserves the right to deny membership to any operations using free web space. Virtual North reserves the right to exclude any member who fails to notify our operations and administration, in a timely fashion, of a change in their URL location.

Furthermore Virtual North reserves the right to reject the inclusion of any site with or without notice.

Agency Clause

Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information.

Termination of Service/Access Restrictions

Virtual North reserves the right, in its sole discretion, to terminate your access to any or all Virtual North Sites/Services and the related Services or any portion thereof at any time, without notice. Upon termination of the Virtual North Site/Service, your right to use the Virtual North Site/Service immediately ceases. Virtual North shall have no obligation to maintain any content or to forward any messages/information requests to you or any third party.

You acknowledge that Virtual North does not always pre-screen your website content, but that Virtual North shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Virtual North and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Virtual North or submitted to Virtual North, including without limitation information in Virtual North Message Boards, and in all other parts of the Service.

Member Conduct

You agree to use the Service in a courteous and co-operative manner, and so as to not abuse the Service or the custom and user-etiquette in place from time to time. You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others.

Without limiting the generality of the foregoing, you also agree not to do any of the following:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload any photos containing dead mammals or birds or any other material Virtual North deems offensive to its viewers
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • engage in deceptive marketing or advertising practices;
  • access the Services for the purpose of data mining or extracting content from the Services beyond your personal end use.
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload any text or photos that maligns another member's credibility, operations or services.
  • Virtual North has a firm commitment to land stewardship and reserves the right to discontinue service to any member violating this principal; e.g.: operations convicted of poaching.

No Spam & Damages

Virtual North will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Virtual North liquidated damages of $10 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Virtual North actual damages, to the extent such actual damages can be reasonably calculated.

Violations

Please report any violations of the TOS to Virtual North reserves the right to immediately terminate any member who violates our TOS without refund.

Service Contact:
Virtual North
Box 88
St. Georges, MB, R0E 1V0
204-367-4945
Fax: 367-2809
vnorth@virtualnorth.com

Use of Services

You are responsible for regularly reviewing these terms and conditions and additional terms posted in context in particular areas of our website.

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Last Modified: Tuesday, June 6, 2006