Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Service.
A) . Special License Restrictions for non-Human Visitors
Special restrictions on a visitor’s license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor.
Furthermore, as specified by the “no-email-collection” flag in the header pages within the Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of the author of the Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value not less than US $500 derived from their relative secrecy.
You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.
B) . Applicable law and Jurisdiction
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. The visitor to the Website consents to the jurisdiction of federal and state courts within the Admin State. The visitor to the Website consents to the venue in any action brought against him in connection with breaches of these Terms of Service. The visitor to the Website consents to electronic service of process regarding actions under the above agreement.
C) . Non-Transferable
The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on http://www.pointguardu.com’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on http://www.pointguardu.com’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by http://www.pointguardu.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer The materials on http://www.pointguardu.com’s’s web site are provided “as is”. http://www.pointguardu.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, http://www.pointguardu.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations In no event shall http://www.pointguardu.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on http://www.pointguardu.com’s Internet site, even if http://www.pointguardu.com or a http://www.pointguardu.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on http://www.pointguardu.com’s web site could include technical, typographical, or photographic errors. http://www.pointguardu.com’ does not warrant that any of the materials on its web site are accurate, complete, or current. http://www.pointguardu.com’s may make changes to the materials contained on its web site at any time without notice. http://www.pointguardu.com does not, however, make any commitment to update the materials.
http://www.pointguardu.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by http://www.pointguardu.com of the site. Use of any such linked web site is at the user’s own risk.
8. Records of visitor use and abuse
As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.