Terms of service

This is a contract between you and each of the sponsors of Sitemaps.org: Google, Inc., Yahoo, Inc. and Microsoft Corporation (referred to collectively in this agreement as the “Sponsors”, “we” or “us”). By using the Sitemaps.org website (the “Website”) you agree to be bound by the following terms and conditions (the "Terms of Service").

Scope of Terms of Services; License

These Terms of Service govern your use of the Website. The Sponsors’ copyrights in the sitemaps protocol specification, as published on the Website (the “Specification”), are licensed to you under the Creative Commons Attribution-ShareAlike License (version 2.5). Other than the Sponsors’ copyrights in this Specification, no intellectual property rights of any kind are granted or may arise under these Terms of Service or via your use of Sitemaps, whether express, implied or otherwise.

Changes in Website and Terms and Conditions; Change in Specification

We may modify or terminate the Website, for any reason, and without notice. We also reserve the right to modify these Terms of Service from time to time without notice and you expressly agree to be bound by such modifications when posted on the Website. Notwithstanding the foregoing, the Sponsors agree that no change that we make to these Terms of Service will terminate or modify the license granted under paragraph 1 above with respect to any use or implementation of the Specification occurring prior to the date that the change is published. Please review these Terms of Service from time to time so that you will be apprised of any changes.

The Sponsors reserve the right, at any time, with or without notice to you, to make changes to the Sitemaps protocol and/or the Specification, including, without limitation, to make changes that result in your existing sitemaps files becoming non-compliant with the revised protocol.  The Sponsors will have no liability to you for any such changes. Each of the Sponsors reserves the right to use, or not use, the Sitemaps protocol in whole or in part, on any or all its products or services, and no Sponsor shall obligated to index, read or otherwise make use of any sitemap published by you. Without limiting the generality of the foregoing, each Sponsor reserves the right at any time to discontinue use of the Sitemaps protocol on any or all its products or services.

Disclaimer of Warranties

The Sponsors disclaim any and all responsibility or liability for the accuracy, content, completeness, reliability, or operability or availability of information or material displayed on the Website. The Sponsors also disclaim any responsibility for any harm resulting from use of the Specification or downloading or accessing any information or material on the Internet through the Website.

THE WEBSITE, THE SPECIFICATION AND ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. THE SPONSORS AND THEIR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE SPONSORS AND THEIR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. THE SPONSORS AND THEIR LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE SPONSORS OR THEIR LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR THE SPECIFICATION ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE SPONSORS OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Privacy

We make no effort to personally identify users of the Website. No identifying data is collected from the Website or disclosed to any third party for any purpose. Non-identifying data that we collect in connection with the Website is used only for server administration and the general operation of the Website. The foregoing does not apply to email sent to contact email addresses listed on the Website, which may contain personally identifiable information and which we will use solely as necessary to respond to the applicable email.

We log http requests to the Website. As a result, we are aware of the originating IP address of a machine requesting a Website URL. We do not log the specific identity of visitors. We may analyse our log files to determine how the Website is being used. Logged information is kept indefinitely as administrative and research material, but it is not disclosed other than to the Sponsors’ personnel. Aggregate, non-identifiable statistics generated from our logs may be used for research purposes.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to their conflict of laws provisions or those of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between you and Sponsors with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by all the Sponsors.

Last Updated: 27 February 2008