Terms

TERMS OF USE

AltaStream Web Site Terms of Use

These terms of use (Terms of Use) apply to your access to, and use, of the web site and ftp site of AltaStream, Inc. (AltaStream) located at www.altastream.com and ftp.altastream.com (the Site).

Terms of Use last updated on April 1, 2004-05-01

Read these terms carefully. By accessing, browsing, using, and/or downloading information, data, text, software or images, or other materials from this Site (the “Materials”), or by sending messages, information, resumes, data, text, software or images, or other materials to the Site (“Content”), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms of Use for each use and each visit of this Site. If you do not agree to all of these Terms of Use, do not use the Site. This Site is owned and managed by AltaStream, Inc.

Changes to Terms of Use

AltaStream has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time. Changes will be effective when a notice of such change is posted at this Site. Please check these Terms of Use frequently for updates by checking the date of “Last Update” at the top of this page. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.

Changes to this Site

AltaStream may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iii) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. AltaStream has the right, in its sole discretion, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.

Licensed Use and Restrictions

The Site may be used only for lawful purposes by individuals and companies seeking information about AltaStream, its products and services, customer care, and its partners and affiliates. You agree to use the Site only to send Content and receive Materials that are proper and related to the purpose of this Site.
Subject to these Terms of Use, AltaStream grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

  • sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial (other than your internal use) purpose, including without limitation use of the Materials on any other web site;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • transfer the Materials to any other person without the written consent of AltaStream;
  • print or copy any of the HTML or other computer programs that are accessible at this Site;
  • use this Site in any manner that could damage, disable, overburden or impair this Site;
  • interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
  • disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites;
  • upload, post or otherwise transmit on this Site any Content that would negatively affect the
  • functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site’s infrastructure;
  • use any data mining, robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
  • use or attempt to use another’s account, password, service, system or other information without prior written authorization from AltaStream;
  • create or use a false identity on this Site;
  • attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
  • harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or
  • register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
  • You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. While using the Site, you agree not to do any of the following without our prior written authorization:
  • post any inaccurate, untimely, stale, incomplete or misleading information;
  • post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume;
  • share passwords, login information or named user identification or otherwise allow multiple offices or users to access the Site and Services on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the Site or Services;
  • send unsolicited email messages (commercial or otherwise) (Spamming) or engage in flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to AltaStream subscribers or users of the Site;
  • express or imply that any statements you make are endorsed by AltaStream;
  • impersonate any person or entity, including, without limitation, an AltaStream employee or agent, a user of AltaStream services, including a Customer, or otherwise misrepresent your affiliation with any person or entity;
  • delete or revise any material posted by any other person or entity;
  • use the Site for any unlawful commercial, research or information gathering purposes;
  • communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities;
  • “frame” or “mirror” any part of the Site; or use, frame or utilize framing techniques to enclose any AltaStream trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page), or use any meta tags or any other “hidden text” utilizing an AltaStream name, trademark, or product name;
  • link to any page of or material on the Site other than the URL located at http://www.altastream.com;
  • post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or intellectual property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials.

Enforcement

AltaStream has the right, but not the obligation, to monitor and investigate occurrences which may involve violations of these Terms of Use and AltaStream may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. AltaStream reserves the right at all times to remove, screen or edit any Content that violates these Terms of Use or is otherwise objectionable and to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request. In the event of violations of these Terms of Use, AltaStream may take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect AltaStream’s systems and customers, or to ensure the integrity and operation of AltaStream’s business and systems, AltaStream may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. AltaStream’s right to disclose any such information shall govern over any terms of AltaStream’s Privacy Policy.

Termination

The permission and license granted to you herein shall terminate automatically if you breach any of the terms or conditions of these Terms of Use. Without limiting the foregoing, you agree that AltaStream, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site and Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if AltaStream believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. AltaStream may also in its sole discretion and at any time discontinue providing the Services, the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Services and the Site may be effected without prior notice, and acknowledge and agree that AltaStream may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files, the Services and the Site. Further, you agree that AltaStream shall not be liable to you or any third-party for any termination of your access to the Services and the Site.

All remedies, all limitations of liability, all rights that have accrued prior to date of termination, all procedures for enforcing the same, all provisions pertaining to ownership, indemnities, warranties, and all rights and obligations which a commercially reasonable construction of these Terms of Use would deem to affect post-termination rights and obligations shall survive termination of these Terms of Use.

Registrants Obligations to Supply Information

You agree to supply AltaStream with accurate, up-to-date and complete information when required. You agree to update this information as needed. AltaStream has the right to terminate your registration and account if AltaStream believes you have provided false documentation or if your account has remained unused for an extended period of time.

Username and Password

You must supply a username and password to gain access to some portions of the Site or Services. You retain the responsibility for keeping this information confidential. You also retain the responsibility for any and all actions that take place using your account. You agree to immediately notify AltaStream of any unauthorized use of your password or account or any other breach of security. AltaStream cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

Proprietary Rights

The Site, including all pages and all code related to thereto, is the property of AltaStream. Except as expressly provided herein, AltaStream does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of AltaStream.

All copyrighted and copyrightable material on this Site, including, without limitation, the Site design, Materials, illustrations, designs, graphics, pictures, sound files and other files, and the selection and arrangements (Site Materials) thereof, that appear herein are ALL RIGHTS RESERVED 2004 AltaStream, Inc. and/or its third party providers, suppliers and licensors. Except as stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AltaStream or the respective copyright owner. You may not, without the permission of AltaStream or the respective copyright owner, (a) copy, publish, or post any Site Materials on any computer network or broadcast or publications media, (b) modify the Site Materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the Site Materials.

Trademarks

All trademarks, service marks, trade dress, logos and trade names used and displayed on this Site are either owned by AltaStream and/or its third party providers, suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AltaStream or its third party providers, suppliers or licensors. The following are trademarks and/or service marks owned by AltaStream that are not yet registered: AltaStream, AltaStream, Inc., www.altastream.com, ftp.altastream.com and the AltaStream logo. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AltaStream, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AltaStream.

Software

Any software, as well as any files, images generated by such software, code and data accompanying such software (collectively “Software”), used or accessible through this Site is the copyrighted work of AltaStream or its licensors. You are licensed to use the Software on a non-exclusive basis in connection with your permitted use of the Site. You may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

Links and Third Party Content

The Site contains links to third party Web sites. These linked Web sites are not under the control of AltaStream. These links are provided only as a convenience to you and not as an endorsement by AltaStream of the contents of such third party Web site. AltaStream does not make any representations, warranties or conditions regarding the accuracy of materials on such third party Web sites, the information appearing thereon or any of the products or services described. Links do not imply that AltaStream sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AltaStream. If you access third party Web sites you do so at your own risk and it is your responsibility, not the responsibility of AltaStream, to take any and all appropriate protective measures before linking to these third party Web sites, including without limitation to guard against viruses and other destructive elements. AltaStream is not responsible for the contents of any page linked to the Site or any other page not under its control.

Disclaimers

You acknowledge that any use of or reliance on this Site, the Services or any Materials shall be at your sole risk. AltaStream makes no representation, warranty or condition of any kind regarding the Site, the Services and/or the Materials, including with respect to the information provided by third parties, all of which are provided on an “AS IS” basis. ALTASTREAM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ALTASTREAM DOES NOT WARRANT THAT THE SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

AltaStream assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, including, data, text, and images from this Site.

Limitation of Liability

YOU AGREE THAT ALTASTREAM AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE SERVICES, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF ALTASTREAM, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that AltaStream’s maximum aggregate liability for damages arising out of or related to this Agreement shall be limited to $100.

The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Indemnity

You agree to defend, indemnify and hold harmless each of AltaStream, its affiliates, all third parties mentioned in the Site and each of their officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Services and the Materials or your breach of these Terms of Use.

Choice of Law and Jurisdiction

This Site is controlled, operated and administered by AltaStream from its offices within British Columbia, Canada. AltaStream makes no representation, warranty or condition that this Site, the Services, the Content or the Materials are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of laws principles. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use or otherwise to create any rights or to impose any duties or obligations related to these Terms of Use.
Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information and subject to Section 15, the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts of British Columbia and all appellate courts therefrom with respect to any legal action or proceeding which may be brought at any time relating in any way to these Terms of Use.

Arbitration

All disputes arising out of or in connection with these Terms of Use, or in respect of any defined legal relationship associated therewith or derived therefrom, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The language of the arbitration shall be English. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through any court having jurisdiction.

General

(a) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms of Use constitute the entire agreement between AltaStream and you with respect to the subject matter hereof. (b) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. (c) If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. (d) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. (e) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default. (f) No changes to these Terms of Use shall be made except by a revised posting at the Site. (g) The headings and captions of sections and paragraphs contained in these Terms of Use are all inserted for convenience of reference only and are not to be considered when interpreting these Terms of Use.

Additional Terms of Use.

Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.