The following are terms of a legal agreement between you
and MTS Allstream Inc. ("Terms"). Please read this Terms and
Conditions document carefully before accessing or using the Allstream'
Website ("Site"). By accessing, browsing and/or using this Site
("Site"), you acknowledge that you have read, understand and agree
to be bound by these Terms and to comply with all applicable Canadian and
U.S. laws and regulations. If you do not agree to these Terms, do not use
this Site.
Allstream may modify these Terms at any time, and such
modifications shall be effective immediately upon posting of the modified
agreement on this Site. You agree to review the Terms periodically to be
aware of such modifications and your continued access or use of the service
shall be deemed your conclusive acceptance of such modified Terms.
Restrictions On Use Of Site
MTS Allstream Inc. and its subsidiaries and affiliates
(collectively "Allstream") hereby authorize you to copy the
materials
published by Allstream on this Site (the "Materials")
exclusively for non-commercial use by you personally or within your
organization. The design and layout of the Site are specifically excluded
from the Materials. No other use of the Materials is authorized. In
consideration of this authorization, you agree that any copy of the
Materials (or any portion of any copy of the Materials) that you make shall
retain all copyright and other proprietary notices contained herein or
therein.
Property Rights
The products, technology and/or processes described
in this Site may
be the subject of intellectual property rights reserved by Allstream
or other third parties. Nothing contained herein shall be construed as
conferring to you in any manner, whether by implication, estoppel or
otherwise, any license, title or ownership of or to any intellectual
property right of Allstream or any third party.
General Disclaimer
The Materials have been compiled by Allstream from
internal and
external sources. However, while Allstream has attempted to provide
accurate information on the Site, no representation is made or warranty
given as to the completeness, accuracy or currentness of the Materials.
In particular, you should be aware that the Materials may be incomplete,
may contain errors or may have become out of date. You should therefore
independently verify information obtained from this Site before relying
upon it in any manner.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED
"AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGMENT.
ALLSTREAM SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED BY OR INJURY
CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY
TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED
IN THIS SITE, EVEN IF ALLSTREAM AND/OR ITS SUBSIDIARIES AND/OR
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links To Third Party Websites: Framing
This Site may provide links or references to other sites,
including but
not limited to sites provided by the government bodies, securities
regulators, securities exchanges, and news wire services. Allstream
has no responsibility for the content of these other sites, does not make
any representations or give any warranties with respect to any information
contained in or at these other sites and shall not be liable for any
damages or injury arising from the content of these other sites.
Allstream does not endorse companies or products to which it has provided
links. Any links to other sites are provided merely as a convenience to the
users of this Site and, if you decide to access any of the third party
sites linked to this Site, you do so entirely at your own risk.
Allstream reserves the right to terminate any link or linking program
at any
time. There may be circumstances inwhich access to this Site is provided by a
hypertext link located at another website. Allstream does not make
any representations or give any warranties with respect to any information
contained in or at these other sites and Allstream shall not be
liable for any damages or injury arising from the content of these other
sites. Allstream does not endorse the individuals, companies or other
similar entities, or any products or materials associated with such
individuals, companies or other similar entities, which provide a link to
this Site on their respective websites. Unless approved in writing in
advance by Allstream, you agree not to:
(a.) provide or create a link to this Site; and
(b.) create any frames at any other websites pertaining
to any of the Materials located at this Site.
(c.) Contact the Allstream webmaster
to seek approval for linking to this Site.
Updates
Certain information of historical and/or archival
nature is made available
on the Site - including, but not limited to, press releases and
financial reports - portions of which may become superceded or may be
updated or corrected. Allstream does not make any representations or
give any warranties with respect to the currentness or completeness or
accuracy of such information and shall not be liable for any damages or
injury arising from reliance on such information. The Materials published on
this Site may include technical inaccuracies or typographical errors.
Changes - including, but not limited to, quoted prices - may
be made periodically to the Materials. Allstream may also make
improvements and/or changes in the products and services and/or the
programs described in the Materials at any time without notice.
Allstream shall have the right to revise these Terms at any time by posting
revised Terms on this Site. By using this Site, you agree to be bound by
any such revisions and should therefore periodically visit this posting to
determine the then-current Terms to which you are bound.
Disclosure: Forward-Looking Statements
Certain statements contained on this Site including,
without limitation,
statements containing the words "anticipates", "believes", "intends",
"estimates", "expects", "projects" and words of similar import, constitute
forward-looking statements. Such forward-looking statements involve known
and unknown risks, uncertainties and other factors that may cause the
actual results, performance or achievements of Allstream or industry
results to be materially different from any future results, performance
or achievements expressed or implied by such forward-looking statements.
For those statements, we claim the protection of the safe harbor for
forward-looking statements provisions contained in the Private Securities
Litigation Reform Act of 1995. Important discussion of various factors that
may affect future results is contained in Allstream's recent filings with
the Securities and Exchange Commission and the Canadian Securities
Commissions. These documents contain and identify factors that could cause
the actual results to differ materially from those contained in our projections
or forward-looking statements including, among others, the following:
general economic and business conditions, both nationally and in the markets
in which Allstream operates or will operate; demographic change; existing
government regulations and changes in, or the failure to comply with,
government regulations; competition; the loss of any significant number of
customers; changes in business strategy or development plans; technological
developments; the ability to attract and retain qualified personnel; the
significant indebtedness of Allstream; the availability and terms of
capital to fund the expansion of Allstream's business;
Allstream's ability to interconnect networks, satisfy regulatory
obligations
and obtain rights-of-way, building access rights and any required governmental
authorizations, franchises and permits, all in a timely manner, at
reasonable costs and on satisfactory terms and conditions; and other factors
referenced on this Site. Given these uncertainties, you are cautioned not
to place undue reliance on such forward-looking statements. Allstream
disclaims any obligations to update any such factors or publicly announce
the result of any revisions to any of the forward-looking statements
contained herein to reflect future events or developments.
User Communications
Allstream will only use personal information you
provide to the
company in accordance with Allstream's privacy policy. Allstream
is under no obligation to refrain from reproducing,
publishing or otherwise using communications rather than personal information,
you send to or receive from this Site or otherwise send to or receive
from Allstream by
electronic mail or other electronic means, including any ideas, inventions,
concepts, techniques or know-how disclosed therein, for any purpose,
including the developing, manufacturing and/or marketing of products or
services incorporating such information.
Products And Services Availability
Allstream is a service provider operating in some,
but not all,
markets within Canada and the US. Therefore, it may provide access to market-specific
information, which information may contain references or cross references
to products, programs and services that are not currently available in
all markets where Allstream conducts business.
Allstream's
provision of references to such products, programs and services does not
necessarily mean or otherwise imply that the products, programs and services
announced or discussed are available in all markets where Allstream
conducts business.
Governing Law and Jurisdiction: Compliance With
Laws
Access to this Site is governed by Canadian law and/or
the laws of the
Province of Ontario. Any legal action or proceeding relating to your access
to, or use of, this Site shall be instituted only in a provincial or federal
court located in Toronto, Ontario, Canada. You and Allstream agree
to submit to the jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding.
Waiver
No delay or omission by Allstream to exercise any
right occurring
upon any noncompliance on your part with respect to any of the terms of
this Agreement shall impair any such right or power or be construed to
be a waiver thereof. Any waiver by Allstream of any of the covenants,
conditions or agreements to be performed by you shall not be construed
to be a waiver of any succeeding breach thereof or of any covenant, condition
or agreement herein contained.
Trademark Information
Allstream, and the Allstream logos and designs
are trade-marks of
MTS Allstream Inc.. Any use of Allstream logos, designs, or product names
without MTS Allstream Inc.'s prior written consent is strictly prohibited.