Terms Of Use

Ultimasurf's metasearch engine and information services available on this site are offered FREE-OF-CHARGE and are made available on that basis for NON-COMMERCIAL use only. Ultimasurf provides its free service to you, subject to the following Terms of Use, which may be updated by Ultimasurf from time to time without notice to you. Ultimasurf retain the right to make changes to content without prior notice to anyone. All such rules or guidelines are hereby incorporated by reference into the Terms Of Use. These Terms of Use may change from time to time without notice and you agree to be bound by the then current version of these Terms of Use. The last revision date for these Terms of Use is set forth below.

By accessing and using the web site of Ultimasurf.com, Ultimasurf.net, Ultimasurf.us ("Ultimasurf") you are agreeing to be bound by these terms of use, conditions and legal disclaimer ("Terms of Use") and all applicable laws and regulations. If you do not agree with any part of these Terms of Use, you must immediately discontinue any use of Ultimasurf.

Ultimasurf contains many links to other sites that contain their own Terms of Use / Service. Your use of Ultimasurf shall also subject you to the Terms of Use / Service of each of those sites. To the extent that the Terms of Use on Ultimasurf conflicts with any terms contained herein, the Terms of Use / Service of such site shall be used.

Use of this material is at the sole risk of the user and neither Ultimasurf nor its information providers gives any warranty that the supply of information is accurate or uninterrupted.

Ultimasurf strives to maintain its service as being free from blemishes and errors but is not responsible or should be held liable for any damage or consequential loss whether for loss of profit or otherwise for any errors or omissions within the service provided by Ultimasurf.

2. DESCRIPTION OF ULTIMASURF FREE SERVICE

Ultimasurf currently provides users with FREE access to a rich collection of the top search engines on the web. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Ultimasurf properties, shall be subject to the Terms Of Use. You understand and agree that the Service is provided "AS-IS" and that Ultimasurf assumes no responsibility for the accuracy of the information obtained through its websites or the discontinuation of its service.

In order to use Ultimasurf, you must obtain access to the Web, either directly or through devices that access web-based content, and pay any service fees associated with such access to your service provider. In addition, you must provide all equipment necessary to make such connection to the Web, including a computer and modem or other access device. You must use the latest JavaScript enabled browsers (preferably Microsoft Internet Explorer 6.0 above, Opera 8.5 above or Mozilla Firefox 1.06 above 0r StarOffice 5.2 or Netscape Communicator 8.0 above).  

You understand that all information, news, data, text, photographs, graphics, video, sound, music, software, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Ultimasurf, are entirely responsible for all Content that you download, post, email, transmit or otherwise make available via the Ultimasurf's site. Ultimasurf does not control the Content posted via the site and, as such, does not guarantee the accuracy, quality or integrity of such Content. You understand that by using Ultimasurf, you may be exposed to Content that is offensive, indecent or objectionable. Some types of content within this site including news, weather forecast, stock quotes, sports and TV listings is prepared by organisations or independent correspondents and therefore do not reflect the opinions and views of Ultimasurf. The accuracy of this content is the sole responsibility of the original authors of the content. Due to the volume of this content, Ultimasurf can bear no responsiblity for verifying the accuracy of any facts contained therein. Under no circumstances will Ultimasurf be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Ultimasurf.

You acknowledge that Ultimasurf does not pre-screen Content, but that Ultimasurf shall have the right in their sole discretion to refuse or move any Content that is available via its web sites.Ultimasurf shall have the right to remove any Content that violates the Terms Of Use. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You further acknowledge that you may not rely on any Content created by Ultimasurf or submitted to Ultimasurf, including without limitation information in all parts of Ultimasurf web sites.

Please be aware that Ultimasurf is strongly against users using its free service to areas that contain pornographic materials or casino and gambling related contents or illegal drugs content or illegal weapons content or any illegal content or use its free e-mail to spam others or using its forum to defame or incite hatred towards others.

3. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON ULTIMASURF.COM

Ultimasurf does not claim ownership of Content submitted or make available for inclusion on its web sites. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Ultimasurf web sites, you grant Ultimasurf the following world-wide, royalty free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Ultimasurf sites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your Content on the Service solely for the purposes of providing and promoting the specific Ultimasurf sites to which your Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time Ultimasurf removes your Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than Ultimasurf  web sites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Ultimasurf removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Ultimasurf sites, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 

4. INDEMNITY

You agree to indemnify and hold Ultimasurf, and its officers, agents, affiliates, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Ultimasurf, your use of Ultimasurf, your connection to Ultimasurf, your violation of the Terms Of Use, or your violation of any rights of another.

5. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Ultimasurf's web site, use of the site, or access to the site. Ultimasurf expressly prohibits the dissemination of this information by any person or organisation accessing this site to any third party (for profit or otherwise) or any other commercial exploitation by any such user. Ultimasurf prohibits any attempt to view its source code in order to duplicate it or modify it for commercial or non commercial purposes.

6. ULTIMASURF'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Ultimasurf or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Web Site, in whole or in part. 

Ultimasurf grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Web Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the web site. You agree not to modify the web site in any manner or form, or to use modified versions of the Ultimasurf web sites, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Ultimasurf for use in accessing the Service.

Copyright © Ultimasurf.com. Ultimasurf.net. Ultimasurf.us. All rights reserved. Ultimasurf either owns the intellectual property rights, including copyright, or has acquired the necessary permissions from content providers, in all of the content, information, software, products and services on this Site, including the selection and arrangement of the contents of the Site (collectively the "Information"). Portions of the Information have been licensed to Ultimasurf by independent content providers as determined by Ultimasurf from time to time and such content providers own or hold the intellectual property rights, including copyright, in the respective portion of the Information licensed by them to Ultimasurf. The copyright of all search engines on this site is held by its respective owner. All rights reserved.

7. MODIFICATIONS TO SERVICE

Ultimasurf reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the free service (or any part thereof) with or without notice. You agree that Ultimasurf shall not be liable to you or to any third party for any modification, suspension or discontinuance of this web site.

8. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Ultimasurf, 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 the advertiser. You agree that Ultimasurf 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 the Service. Further, you agree that Ultimasurf shall not be liable to you or any third-party for any losses you obtained from your access to Ultimasurf.

9. LINKS

Links to other web sites are provided for reference or educational purposes only. Ultimasurf is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or truthfulness or appropriateness of the information contained at such sites. Use of any such linked site is at the user's own risk. Ultimasurf may provide, or third parties may provide, links to other web sites or resources. Because Ultimasurf has no control over such sites and resources, you acknowledge and agree that Ultimasurf is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources and should not be held responsible if the content of that site is objectionable to you. Ultimasurf have no control and can provide no guarantee as to the accuracy or quality of the information of sites linked to. As such Ultimasurf in no way endorses the information contained therein or acts as an agent for the operators of the sites or bears responsibility or liability for the use or effect of the content of those sites or bears any liability for purchases of goods or services from those sites. Any orders placed via Ultimasurf's site shall constitute a transaction between the customer placing that order and the site which that customer places the order with. You further acknowledge and agree that Ultimasurf shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF ULTIMASURF IS AT YOUR SOLE RISK. THE FREE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ULTIMASURF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

(b) ULTIMASURF MAKES NO WARRANTY THAT 

(i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES PROVIDED BY ULTIMASURF WILL BE ACCURATE OR RELIABLE OR CORRECT OR TRUE, 

(ii) THE SERVICES PROVIDED BY ULTIMASURF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERROR, 

(iii) THE SERVICES PROVIDED BY ULTIMASURF WILL MEET YOUR REQUIREMENTS, 

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITES OF ULTIMASURF WILL MEET YOUR EXPECTATIONS, AND 

(v) ANY ERRORS IN THE WEB SITES OF ULTIMASURF WILL BE CORRECTED.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTIMASURF OR THROUGH OR FROM THE SERVICES PROVIDED BY ULTIMASURF SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITES OF ULTIMASURF IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH HARMFUL MATERIAL.

11.DISCLAIMER OF LIABILITY

ULTIMASURF, THE CONTENT PROVIDERS AND THEIR EMPLOYEES, DIRECTORS AND AGENTS DISCLAIM ANY RESPONSIBILITY AND SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY DAMAGES, LIABILITIES, CLAIMS, COSTS OR OBLIGATIONS INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL  DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF BUSINESS PROFITS,  BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS (COLLECTIVELY THE "DAMAGES") WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE INFORMATION OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE INFORMATION, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, EQUITY OR STATUTE LAW OR BY WAY OF ANY OTHER LEGAL THEORY, EVEN IF ULTIMASURF OR THE CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

12. LIMITATION OF LIABILITY

YOU FULLY UNDERSTAND AND AGREE THAT ULTIMASURF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULTIMASURF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 

(i) THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY ULTIMASURF; 

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; 

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

 (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

 (v) ANY OTHER MATTER RELATING TO THE SERVICES PROVIDED BY ULTIMASURF.

13. NO WARRANTIES

Ultimasurf does not guarantee or warrant the quality, accuracy, completeness, timeliness, appropriateness or suitability of the Information on its Web Sites or of any product or services referenced on its Web Sites. Ultimasurf assumes no obligation to update the Information. The Information may be changed without any notice. The Web Sites of Ultimasurf may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Ultimasurf is providing services on its Web Sites on an "as is" basis and makes no representations or warranties of any kind with respect to the Information or the suitability of its Web Sites or the Information gathered from its Web Sites for any purpose. The Information gathered from Ultimasurf may contain inaccuracies, typographical errors or other errors. Ultimasurf disclaims all warranties, representations and conditions regarding its Web Sites and the Information, including, without limiting the generality of the foregoing, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from libelous or privacy-invasive content, freedom from infections of viruses and availability, whether expressed or implied, or arising from a course of dealing, usage or trade practice.

14. NO FINANCIAL ADVICE

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Services provided by Ultimasurf concerning companies, stock quotes, investments or securities, please read the above sections again and again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Information on the Site is provided for your personal entertainment and for information purposes only, and no Content included in the Site is intended for trading or investing purposes. The Information is not intended to be and does not constitute financial advice or any other advice. Ultimasurf shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via its Web Sites, and shall not be responsible or liable for any trading or investment decisions made based on such information.

 The Information is general in nature and is not specific to you. You should not make any decision, financial or otherwise, based on any of the Information on Ultimasurf's Web Sites without seeking the advice of a qualified professional financial adviser and without undertaking your own due diligence. You agree that any and all use of the Information which you make is solely at your own risk and without recourse to Ultimasurf or the Content Providers.

15. NO ENDORSEMENT

Reference to any third party information, product, services or process at Ultimasurf's Web Sites or any linked site is not implied or an expressed endorsement by Ultimasurf.

16. NO SOLICITATION

No part of Ultimasurf's Web Sites should be taken to constitute an offer or solicitation to buy or sell products or services. Products or services mentioned on Ultimasurf's Web Sites may only be available in certain jurisdictions and only in accordance with applicable laws.

17. SPECIAL ADMONITIONS FOR INTERNATIONAL USERS

Due to the global nature of the Internet, you agree to comply with all local rules or laws regarding online conduct and acceptable Content. You must agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside to access to Ultimasurf.

18. CONFORMANCE WITH LAW

You agree that your use of Ultimasurf's Web Sites will not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. You agree not to impersonate any person in your use of Ultimasurf's Web Sites or the sending of any e-mail to an address listed on Ultimasurf's Web Sites. You agree not to spam through Ultimasurf's Web Sites.

19. Severability

If any provision of these Terms of Use is determined to be unenforceable or invalid, the provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will still be valid.

20. GENERAL INFORMATION

The Terms Of Use constitute the entire agreement between you and Ultimasurf and govern your use of the Service, superceding any prior agreements between you and Ultimasurf. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. 

The section titles in the Terms Of Use are for convenience only and have no legal or contractual effect. The bottom line is: it is not worth suing Ultimasurf for any losses obtained through its sites as it is only a personal non commercial web site.

Updated 22 OCTOBER 2005

If you do not agree to be bound by the above Terms of Use, you should immediately discontinue any use of Ultimasurf's Web Sites.