THE FOLLOWING DESCRIBES THE TERMS ON WHICH ROADATA OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to Roadata Ltd.'s User Agreement. This Agreement describes the terms and
conditions applicable to your use of our services at http://www.roadata.com
Roadata Services Ltd. Internet User Agreement Roadata Services Ltd. provides information
and permit Service subject to the following Terms and Conditions. Read these terms
and conditions carefully. By subscribing to the Service you agree to be bound by
the terms and conditions outlined below.
Clients holding administrative or Master accounts are responsible for all individuals
that may utilize services provided by Roadata Services ltd. and any conditions of
use as specified in this agreement. All sub-account users are bound by this Internet
User Agreement as agreed to by the holder of the main or master administration account.
"Unlimited" means the customer can use the service as much as required, as long
as the customer is only utilizing access based on one user per customer account
or sub account. Only one simultaneous login per account or sub account. Unlimited
time is for interactive use only (while you are using the computer).
Customer agrees that Roadata Services Ltd. may at any time and from time to time:
- Change any of the terms and conditions contained in this Agreement
- Change any of the policies in the Policy Guide
- Change its billing rates and accounting policies
- Change the scope and term of services provided under this Agreement
Any changes made will be binding and will become effective immediately upon the
posting of the revised Agreement on the Roadata Services Ltd. home page web site,
or upon notification sent to Customer via E-mail or by regular mail.
Roadata Services Ltd. reserves the right to transmit E-mail to Customer at any time
and from time to time in any quantity deemed necessary. Customer should take the
time to read any E-mail from Roadata Services Ltd. as it may contain information
describing Service updates or other important information.
Customer agrees to provide Roadata Services Ltd. with complete and accurate registration
information. Customer agrees to update the registration information on file as needed.
If Customer does not provide Roadata Services Ltd. with accurate registration information,
Customer will not be authorized to use the Service and the Customer account may,
at the option of Roadata Services Ltd., be terminated. CUSTOMER DOES AGREE THAT
BY USING THE SERVICE THE CUSTOMER REPRESENTS THAT CUSTOMER IS AT LEAST EIGHTEEN
YEARS OLD AND THAT CUSTOMER IS LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Information Provided by the User or Customer
Customer agrees that any information provided into Roadata Services Ltd. systems,
databases or any other service is supplied at the customer's own risk. Customer
agrees to defend, release, indemnify, and hold Roadata Services Ltd. and its licensors,
harmless from all liabilities, claims and expenses, including without limitation
reasonable attorneys fees, arising from any breach of the Agreement by use of, or
in connection with, the posting or transmission of any Content by or through Customer's
account on the Service.
The Service provides access to Content that is protected by copyrights, trademarks,
patents, intellectual property rights, and other proprietary rights ("Rights") both
domestic and international of independent third parties who create Content available
on or through the Service.
Customer agrees not to transmit Content through or to post Content on the Service
that is subject to another party's Rights, without that party's express written
permission. Any posting or transmitting brought to our attention may result in termination
of Customer's Service and may result in civil or criminal liability as well.
Customer agrees never to copy, modify, reproduce, translate, decode, analyze, adapt,
distribute, rename, reverse engineer, recompile, or disassemble any aspect of the
Service that is owned by Roadata Services Ltd. or its licensors.
Customer agrees that either Customer or Roadata Services Ltd. may terminate this
Agreement for any reason at any time.
Customer agrees that Customer's only right with respect to any dissatisfaction with
any: (I) Agreement term, policy, or practice of Roadata Services Ltd. in operating
the Service; (II) Content available on or through the Service or change therein;
or (III) amount or type of fees or billing methods, or change therein, is to terminate
this Agreement as set forth in Paragraph 1.
Customer agrees that Roadata Services Ltd. has the absolute right, but not the absolute
obligation, to delete all program, data, and any other associated files on Roadata
Services Ltd. computers that are associated with Customer account at the time of
termination. It is the Customers responsibility to have program and data backups
at all times. Roadata Services Ltd. will not be liable for the loss of data or programs
caused by our purging of a customer account.
Modifications to the user id or password on an account may only be made by the Customer
after giving reasonable identification. Customer agrees that this Agreement comprises
the entire understanding between Roadata Services Ltd. and Customer, and supersede
any prior agreements between Customer and Roadata Services Ltd. with respect to
the subject matter of this Agreement.
No Service Warranties
Customer agrees that Customer use of the Service, the Service Software, and the
Internet is solely at Customers own risk. Customer agrees that the Service and the
Service Software is provided strictly on an "as is", and "as available" basis without
warranties of any kind, either express or implied, unless such warranties are legally
incapable of exclusion. Customer agrees that there will be "bugs" in the Software
and that the Service will not always be continuous and that unexpected Service outages
will occur. The Customer assumes all risk for any damages that may result from using
the Service. Roadata Services Ltd. disclaims any and all liability resulting from,
but not limited to:
- loss of software or damage to hardware
- loss of computer resident data, files or file folders
- loss or liability resulting from Service access delays or access interruptions
- loss or liability resulting from data or E-mail non-delivery
- loss or liability resulting from the negligent acts and/or omissions of Roadata
Services Ltd., Roadata Services Ltd. customers and worldwide Internet users
- loss or liability resulting from computer viruses suspected of transmission via
- loss and liability resulting from any errors, omissions, or misstatements in any
and all information, goods, or services obtained on or through the Service
- loss or liability resulting from acts of God.
Customer agrees that Roadata Services Ltd. entire liability, and Customer's exclusive
remedy, with respect to Customer's use of the Service, Customer use of the Service
Software, and any breach of this Agreement is limited solely to the amount that
Customer paid to use the Service. Because some states or Provinces do not allow
the exclusion or limitation of liability for consequential or incidental damages,
in those jurisdictions, Roadata Services Ltd. liability is limited to the greatest
extent permitted by law.
Customer agrees to defend, release, indemnify, and hold Roadata Services Ltd. and
its licensors, harmless from all liabilities, claims and expenses, including without
limitation reasonable attorneys fees, arising from any breach of the Agreement by
use of, or in connection with, the posting or transmission of any Content by or
through Customer's account on the Service.
Customer agrees that Roadata Services Ltd. has the absolute right, but not the absolute
obligation, at its own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by Customer. In such an event, Customer
shall have no further obligations with respect to indemnification.
Obligations of Internet Service Users
Users are responsible at their own expense for providing suitable computer equipment
and a transmission path for accessing the Internet via Roadata Services Ltd. Users
may not do any of the following or allow any third party under the user's control
(including customers, employees or other authorized users) to:
- post or transmit any unlawful, illegal, obscene, or pornographic information of
any kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any local, Provincial, Federal or international law, including
without limitation the export control laws and regulations of Canada
- post or transmit any information or software which contains a virus, worm, cancelbot
or other harmful component
- upload, post, publish, transmit, reproduce, distribute, or participate in the transfer
or sale, or in any way exploit any information, software or other material obtained
through the Internet which is protected by copyright or other proprietary rights
without obtaining permission of the copyright owner or rightholder, or
- use the Service in violation or contravention of the Telecommunications Act of 1996,
or any other applicable law, regulation, order or other governmental directive,
or abuse or fraudulently use the Service in any way not specifically set forth above
- allow any more than one user to log on to the service per active account or sub
account. The user subscribing to any unlimited access subscriptions must add accounts
or sub accounts if more than one individual will be using the system at the same
If a customer alters account information in such a way that credit is granted to
the customer, the customer agrees that any credit owing can only be applied to purchase
of additional web services. The customer acknowledges there will be no refund applied
to the customer credit card and no other payment will be made to the customer for
the credit. Roadata Services Ltd. reserves the right to apply this credit to any
overdue account held by the same customer for any other services(s) provided by
Roadata Services Ltd.
Payment for Internet Access Services
If Customer pays by credit card, Customer expressly authorizes Roadata Services
Ltd. to charge the credit card account number associated with your Account for any
Service charges that accrue. By subscribing you agree to comply with all terms and
conditions as outlined above and pay all charges incurred including any taxes or
other surcharges arising in connection with the service. In some cases charges shall
be invoiced monthly based on the subscription level offered at the time of billing
and shall be due and payable on the 1st of each month. Invoices may be rendered
via Mail, credit card billing, or the Internet based on Roadata Services Ltd. sole
discretion. If payment is not received within 30 days of the invoice date, your
service may be disconnected without further notice. To re-establish service, prior
amounts due must be paid in full as well as any reconnection charges in effect at
the time of reconnection. Roadata Services Ltd makes no commitment or warranty as
to the duration of any specific pricing plans and may offer special promotions from
time to time at its discretion. By accessing Roadata Services Ltd. internet based
services, you acknowledge reading, understanding, and acceptance of the foregoing
Internet User Agreement. Roadata Services Ltd., in its sole discretion, with or
without cause, reserves the right to discontinue without notice Internet access
services to any user.
Roadata Services Ltd. intends to respect its Customer's privacy and will not randomly
monitor or disclose the contents of private information or other private content.
However, the Customer agrees that Roadata Services Ltd. has the absolute right,
but not the obligation, to monitor or disclose the contents of a private communication,
if Roadata Services Ltd. in its sole discretion, reasonably believes that such action
is necessary to comply with an applicable law or other valid legal process, to protect
Roadata Services Ltd. rights or property; or in a perceived emergency when a person's
physical safety may be at stake. Roadata Services Ltd. will not resell or release
any customer information to any third parties, with the sole exception of government
agencies following the due process of law.
Release of Access
The customer agrees they will not release user name and password information to
allow any other company to access the Roadata Services Ltd. information without
written consent from Roadata Services Ltd. Access to any subscription services is
limited to direct employees of the customer and is not to be provided to any agent
or contractor. Violation may result in immediate termination of service.
Anyone accessing Roadata Services Ltd. internet based services may not use this
information to establish any contractual agreement or arrangement of any type for
providing service to any Municipality or jurisdiction where information is displayed
or available on the Roadata Services ltd. subscription site where this information
would assist in the establishment of the contract. Violation may result in immediate
termination of service.
Municipal customers are considered "customers" or "clients" as per all aspects of
this agreement. Municipalities should not proceed with any potential enforcement
action based on information displayed on any Roadata Services ltd. internet page
without confirmation by Roadata Services Staff. Accuracy of any financial data displayed
on the Roadata services Ltd. web site should be validated directly with Roadata
Services Ltd. staff. Every attempt is made to keep information accurate, however,
errors may occur and Municipal customers will not hold Roadata Services ltd. liable
for any errors and omissions on the web site or any actions brought against the
Municipality related to these financial transactions. Any discrepancies should be
reported to Roadata Services.