Amish Phonebook

Terms of Service

1. Acceptance of terms of use and amendments

   Each time You use or cause access to this website, You agree to be bound by these Terms Of Use (“The Agreement”), as amended from time to time with or without notice to You. Please read this Agreement carefully before using this website. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, PLEASE DO NOT USE THE WEBSITE. THE TERMS AND CONDITIONS OF THE AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE WEBSITE.

2. Definitions

   In these terms and conditions, “We/us/our/Amish Phonebook” means the Amish Phonebook owners, staff, administrators, editors and other personnel. “Website” means The Website located at www.amishphonebook.com (or any subsequent URL which may replace it) and all associated websites and services of the Amish Phonebook. “You/Your” means You as a user of The Website.

3. The Website’s service

   This website and the services provided to You on and via The Website are provided on an “AS IS” basis. You agree that We reserve the right to modify or discontinue provision of The Website and its services, and to remove the data You provide, either temporarily or permanently, at any time, without notice and without any liability towards You. We will not be held responsible or liable for timeliness, removal of information, failure to store information, accuracy of information, or improper delivery of information.

4. Eligibility: Minors may not use this website

   By using this website, You represent and warrant that You are at least 18 years of age. By using The Website, You also represent and warrant that You have the right, authority, and capacity to enter into the Agreement and to abide by the terms and conditions of the Agreement. Your use of this website is for Your sole, personal use. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.

5. Registration

   Some parts of this website may require registration to access. Should You choose to register, You agree to provide accurate, current, and complete information about Yourself as prompted by Our registration forms, and to maintain and update Your information to keep it accurate, current, and complete. You acknowledge that if Your registration data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this agreement and Your use of the service. You also acknolwedge that We reserve the right to sign out, terminate, delete or purge Your account from The Website if it is inactive. “Inactive” means that You have not signed onto The Website for a particular period of time, as determined by Us, in Our sole discretion (currently we consider an account to be inactive after 12 months).

6. Term and termination

   This agreement will remain in full force and effect while You use The Website and/or are a member.

7. Your use of this service

   As a user of The Website, You agree that:

   1. You will use The Website in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers and street addresses. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through The Website. You will not transmit any chain letters or junk mail to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between Yourself and other members.

   2. All information or data of any kind, whether text, photographs or graphics, or other materials, made available publicly or privately, will be under the sole responsibility of the person providing said content, or the person whose user account is used. You agree that this website may expose You to content that may be objectionable or offensive. The site owners and their staff will not be responsible to You in any way for content displayed on this website, nor for any error or omission.

   3. You will not provide any content or conduct Yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; designed to interfere with or disrupt the operation of The Website or any service provided; infected with a virus or deleterious programming routine; giving rise to civil or criminal liability; or in violation of any applicable local, national, or international law.

   4. You will not impersonate or misrepresent Your association with any person or entity; You will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by You.

   5. You will not collect or harvest any information about other users.

   6. You will not provide, and You will not use this website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; You will not use The Website to promote or operate any service or content without Our prior written consent.

   7. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or, in any way reproduce or circumvent the navigational structure or presentation of The Website or its contents.

   8. You will not remove any copyright, trademark or other proprietary rights notices contained on The Website.

   9. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through The Website.

   10. You will not “frame” or “mirror” any part of The Website, without the Our specific prior written consent.

   11. You will not use meta tags or code or other devices containing any reference to The Website or its services in order to direct any person to any other website for any purpose.

   12. You will not provide any content that may give rise to Our being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.

   13. When speaking to Us, You undertake not to be abusive, obscene, profane, offensive, threatening, harassing, or racially offensive Should We feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership.

8. Indemnity by member

   You will defend, indemnify, and hold Us harmless for any losses, costs, liabilities, expenses and injuries (including reasonable attorneys’ fees) relating to or arising out of Your use of The Website, including:

   1. Your breach of The Agreement;

   2. Any allegation that any materials submitted to us or transmitted to The Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;

   3. Your activities in connection with The Website;

   4. Any actions or activities performed by any other member of The Website, or anyone contacted as a result of Your use of The Website.

9. ONLINE CONTENT

   Opinions, advice, statements, offers, or other information or content made available through The Website, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS.

   WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN PUBLIC AREAS OF THE WEBSITE. WE SHALL HAVE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.

10. Intellectual property

    All intellectual property rights in and to The Website are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same, with the exception of any such rights specifically mentioned by components of The Website. All other trademarks, logos, service marks, company or product names set forth in The Website are the property of their respective owners.

11. DISCLAIMERS

    WE PROVIDE THE WEBSITE ON AN ‘AS IS’ BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

    WE DISCLAIM ALL LIABLITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR FDURING THE USE OF THE WEBSITE OR OTHERWISE.

    WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE WEBSITE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE WEBSITE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE WEBSITE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.

12. You agree that these terms of use and any dispute arising out of Your use of The Website will be governed and construed in accordance with the laws of Ontario, Canada, notwithstanding any differences between the said applicable legislation and legislation in force at Your location. By registering for an account on The Website, or by using The Website and the services it provides, You accept that jurisdiction is granted to the courts of Ontario, and that any disputes will be heard by said courts, save that We have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

13. Miscellaneous information

    1. In the event that any provision of The Agreement is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of The Agreement will remain valid and applicable;

    2. The failure of either party to assert any right under The Agreement will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;

    3. You agree that any claim or cause in respect of The Website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

    4. We may assign Our rights and obligations under these terms of use; in this event We will be relieved of any further obligation.