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OS: Red Hat Enterprise Linux ES
Kernel: 2.4.21-47
Apache: 1.3.37 (Unix)
Perl: 5.8.1
PHP: 5.3.2
MySQL: 4.1.21

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| Introduction |
[1] By using this site, You signify your agreement to these Terms of Service ("the Terms"). If you do not agree to the Terms, you may not make use of any service, discount, or offer by LiquidFire Hosting. LiquidFire Hosting reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. |
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[2] Please check these terms regularly for changes. By continuing to use LiquidFire Hosting following the posting of any changes to these terms, you are signifying that you accept those changes. |
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[3] By using this site you expressly agree that use of LiquidFire Hosting is at your sole risk. Neither LiquidFire Hosting, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, licensers, sponsors, merchants, or the or related entities, warrant that will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of LiquidFire Hosting and its services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through LiquidFire Hosting. |
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Disclaimer of Warranty |
[4] LiquidFire Hosting is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. |
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[5] No oral advice or written information given by LiquidFire Hosting nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or related entites, whether solicited or unsolicited, shall create or constitute a warranty, expressed or implied, or an agreement between You and LiquidFire Hosting, unless such an agreement is executed in writing and signed by both parties. |
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Limitation of Damages |
[6] Under no circumstances shall LiquidFire Hosting or any other party involved in creating, producing, or distributing LiquidFire Hosting and it's services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use LiquidFire Hosting, including but not limited to reliance by You on any information obtained from LiquidFire Hosting or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to LiquidFire Hosting's records, programs, or services, regardless of whether LiquidFire Hosting was advised of the possibility of these damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through LiquidFire Hosting. Due to the fact that some juristictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such juristictions liability is limited to the maximum extent permitted by law. |
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[7] Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. LiquidFire Hosting may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. |
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Disclaimer of Third-Party Sites and Documents |
[8] LiquidFire Hosting makes no representations whatsoever about any other web site which you may access through LiquidFire Hosting. When You access a third party web site, please understand that it is independent from LiquidFire Hosting, and that LiquidFire Hosting has no control over the content on that web site. In addition, a link to a third party web site does not mean that LiquidFire Hosting endorses or warrants in any way whatsoever or accepts any responsibility for the content, or the use, of such web site. It is up to You to take precautions to ensure that whatever you select for Your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. By using a hyperlink on the LiquidFire Hosting web site You agree to accept full responsibility for use of the hyperlink. |
LIMITATION OF LIABILITY
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Liability for Damages |
[9] Under no circumstances whatsoever shall LiquidFire Hosting, nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or related entites be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if LiquidFire Hosting or a LiquidFie Hosting authorized representative has been advised of the possibility of such damages. |
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[10] Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. |
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Nonwithstanding Clause |
[11] Notwithstanding the foregoing, in no event shall LiquidFire Hosting's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using this site you agree to hold LiquidFire Hosting harmless in all capacities to the fullest extent allowable by law. |
CONTENT PROPRIETARY RIGHTS
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Acknowledgement and Protection of Rights |
[12] You acknowlege that LiquidFire Hosting contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under Canadian copyright laws, and LiquidFire Hosting owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. |
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[13] You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, You may make copies of select portions of the Content, provided that the copies are made only for Your personal use and that You maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C. Section 107), You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. |
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Software Usage |
[14] In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. |
THIRD PARTY CONTENT
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Disclaimer |
[15] LiquidFire Hosting has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of LiquidFire Hosting, are those of the respective authors or distributors and not of LiquidFire Hosting or its affiliates, officers, directors, employees, or agents. Neither LiquidFire Hosting nor its affiliates, officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of LiquidFire Hosting, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through LiquidFire Hosting represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with LiquidFire Hosting. |
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[16] LiquidFire Hosting neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on LiquidFire Hosting by anyone other than authorized LiquidFire Hosting employees. Under no circumstances shall LiquidFire Hosting, or its affiliates, officers, directors, employees, or agents be liable for any loss or damages caused by Your reliance on information obtained through LiquidFire Hosting. It is Your responsibility to evaluate the information, opinion, advice, or other content available through LiquidFire Hosting. |
DISTRIBUTION OF THIRD PARTY CONTENT
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Propriety and Copyrighted Content |
[17] Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on LiquidFire Hosting only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used with permission." |
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[18] The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject You to criminal prosecution as well as personal liability for damages in a civil suit. You, not LiquidFire Hosting, nor its affiliates, officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. |
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Assumption of License |
[19] By submitting Content to any User-submit areas, You automatically grant, or warrant that the owner of such Content has expressly granted LiquidFire Hosting the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content for that user's personal use. Subject to this grant, the owner of Content placed on LiquidFire Hosting retains any and all rights which may exist in such Content. |
LIQUIDFIRE HOSTING'S RIGHTS
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[20] LiquidFire Hosting's rights include but are not limited to the below paragraphs. LiquidFire Hosting may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate LiquidFire Hosting or to protect the rights or property of LiquidFire Hosting, its visitors, users, sponsors, providers, licensers, or merchants. |
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Disclaimer |
[21] LiquidFire Hosting is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, LiquidFire Hosting may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from LiquidFire Hosting. |
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[22] LiquidFire Hosting reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, LiquidFire Hosting, or any rights of LiquidFire Hosting or any third party, or to violate any applicable law. |
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Nonwithstanding Clause |
[23] Notwithstanding the foregoing, neither LiquidFire Hosting nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither LiquidFire Hosting, nor its affiliates, officers, directors, employees, agents, providers, merchant, sponsors, licensees or licensers shall assume liability for any action or inaction with respect to conduct communication, or content on LiquidFire Hosting. |
Limitations
OTHER
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[25] This agreement shall be governed by and construed in accordance with the laws of the Canada in the province of Ontario. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent possible under law or deemed severable from the agreement at LiquidFire Hosting's diescretion, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. |
TERMINATION OF THIS AGREEMENT
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Duration of Agreement |
[26] This agreement is effective until terminated by either party. |
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Methods of Termination |
[28] You may terminate this agreement at any time, by destroying all materials obtained from LiquidFire Hosting, along with all related documentation and all copies and installations. |
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[29] LiquidFire Hosting shall have the right to immediately terminate this Agreement with respect to any user which LiquidFire Hosting, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. LiquidFire Hosting terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from LiquidFire Hosting. |
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Partial Temination |
[30] In addition, by providing material on our web site, LiquidFire Hosting does not in any way promise that the materials will remain available to you. LiquidFire Hosting is entitled to terminate all or part of any of its site or services at any time, without notice to you. |
ACKNOWLEDGMENT
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[31] This Agreement represents the entire understanding between You and LiquidFire Hosting regarding your relationship with LiquidFire Hosting and supersedes any prior statements or representations. You signify Your assent to be bound by this agreement by using any or all of the services of LiquidFire Hosting in any way, shape, or form. |
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