"HostPulse Report" means Webtrent Technology's electronic version of a traditional print book that can be read by using a personal computer.

1. ACCEPTANCE OF TERMS
   For the purposes of these Terms and Conditions ("TC") , the HostPulse's 100 Most Dynamic Web Hosting Companies Report will hereinafter be referred to as "HostPulse Report". 

By downloading and using HostPulse Report, you agree to be bound by the TC. The TC constitutes the entire agreement between you and Webtrent Technology relating to the HostPulse Report. If you do not wish to be bound by this agreement, you may not download or use the HostPulse Report.

At any time and without prior notice, Webtrent Technology shall have the right, in its sole discretion, to modify, add or remove terms of the TC, and all such changes shall be effective immediately. Users should review the TC periodically as subsequent use shall constitute acceptance of any such changes.

 

1. DESCRIPTION OF SERVICE.
   The HostPulse Report contains information regarding the 100 most dynamic web hosting companies and other rich collection of information resources, focusing on web hosting and managed hosting services. You understand and agree that Webtrent Technology may include advertisements and that these advertisements enable us to defray some of the costs of producing & maintaining the HostPulse Report and HostPulse Report. You understand and agree that the HostPulse Report is provided "AS-IS" and that Webtrent Technology assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
2. LINKS TO THIRD PARTY SITES.
   The HostPulse Report contains links to third party web sites. Webtrent Technology is providing these links to you only as a convenience, and these links do not imply any endorsement of these sites by Webtrent Technology. Webtrent Technology is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
   
3. DEALINGS WITH ADVERTISERS.
   Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the HostPulse Report, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Webtrent Technology shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on HostPulse Report.
4. COPYRIGHT NOTICE.
   Copyright © 2003 Webtrent Technology. All rights reserved.
5. RESTRICTIONS ON USE OF MATERIALS.
   Webtrent Technology owns all rights in the HostPulse Report and all components thereof including without limitation, all texts, information, materials, the structure, sequence and organisation of the pages and screens. No part of HostPulse Report may be copied, reproduced, republished, uploaded, posted, transmitted, distributed in any form or manner or by any means, electrical, electronic, mechanical, photocopying, recording or otherwise or stored in any retrieval system of any nature without the prior written permission of Webtrent Technology.
6. DISCLAIMER.
   THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HOSTPULSE REPORT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HOSTPULSE REPORT AND TO THE INFORMATION THEREIN. WEBTRENT TECHNOLOGY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HOSTPULSE REPORT  AT ANY TIME. ADVICE RECEIVED VIA THE HOSTPULSE REPORT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

   ALL CONTENT OF HOSTPULSE REPORT, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEBTRENT TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE HOSTPULSE REPORT , OR THE RESULTS OBTAINED FROM ACCESSING AND USING HOSTPULSE REPORT AND/OR THE CONTENT CONTAINED HEREIN.

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBTRENT TECHNOLOGY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH HOSTPULSE REPORT . YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBTRENT TECHNOLOGY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBTRENT TECHNOLOGY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN HOSTPULSE REPORT BY ANY THIRD PARTY.

7. LIMITATION OF LIABILITY.
   TO THE MAXIMUM EXTENT ALLOWED BY LAW, WEBTRENT TECHNOLOGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, HOSTPULSE REPORT . 
   
   THROUGH YOUR USE OF THE HOSTPULSE REPORT , TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY WEBTRENT TECHNOLOGY AND ANY AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THE HOSTPULSE REPORT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THE TC.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Malaysia or the country in which you reside.
9. NO RESALE.
   You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of HOSTPULSE REPORT, use of HOSTPULSE REPORT , or access to HOSTPULSE REPORT .
10. DISCLAIMER OF ENDORSEMENT.
    Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Webtrent Technology. Product and service information are the sole responsibility of each individual vendor or advertiser. The HostPulse name and logo owned by Webtrent Technology may not be used in any commercial manner without the prior written consent of Webtrent Technology. The user is responsible for providing all software and equipment needed to access HostPulse Report.
11. MODIFICATIONS.
    Webtrent Technology reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on the HostPulse Report, or the availability thereof.
12. TERMINATION.
    You agree that Webtrent Technology, in its sole discretion, may terminate your use of the HostPulse Report, and remove and discard any Content within the HostPulse Report, for any reason, including, without limitation, if Webtrent Technology believes that you have violated this Agreement. Webtrent Technology reserves the right, in its sole discretion, to terminate your access to any or all services at HostPulse Report and the related services or any portion thereof at any time, without notice. Further, you agree that Webtrent Technology shall not be liable to you or any third-party for any termination of your access to HostPulse Report.
13. GENERAL.
    Your obligations under the TC shall continue for as long as you access or use the HostPulse Report or use or maintain any of the content (including software) of the HostPulse Report or copies thereof. You may terminate your obligations at any time by discontinuing your use of the HostPulse Report and by destroying all content obtained from it and all copies thereof.

    You agree that the TC shall be governed by and construed in accordance with the laws of Malaysia. Users of the HostPulse Report or any of its pages are responsible for compliance with all local laws and regulations.