1. ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of www.minddevelopmentanddesign.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in www.minddevelopmentanddesign.com, sets forth the terms and conditions that apply to use of www.minddevelopmentanddesign.com by User. By using MIND Development & Design, LLC (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.minddevelopmentanddesign.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. MIND Development & Design, LLC shall have the right at any time to change or discontinue any aspect or feature of www.minddevelopmentanddesign.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
MIND Development & Design, LLC shall have the right at any time to change or modify the terms and conditions applicable to User’s use of www.minddevelopmentanddesign.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.minddevelopmentanddesign.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.minddevelopmentanddesign.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, MIND Development & Design, LLC provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.minddevelopmentanddesign.com and all charges related thereto.
5. USER CONDUCT
A. User shall use www.minddevelopmentanddesign.com for lawful purposes only. User shall not post or transmit through www.minddevelopmentanddesign.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MIND Development & Design, LLC ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in MIND Development & Design, LLC ‘s discretion restricts or inhibits any other User from using or enjoying www.minddevelopmentanddesign.com will not be permitted. User shall not use www.minddevelopmentanddesign.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with MIND Development & Design, LLC .
B. www.minddevelopmentanddesign.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.minddevelopmentanddesign.com are copyrighted as a collective work under the United States of America copyright laws. MIND Development & Design, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MIND Development & Design, LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on www.minddevelopmentanddesign.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.minddevelopmentanddesign.com, User automatically grants, or warrants that the owner of such material has expressly granted MIND Development & Design, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants MIND Development & Design, LLC the right to edit, copy, publish and distribute any material made available on www.minddevelopmentanddesign.com by User.
D. The foregoing provisions of Section 5 are for the benefit of MIND Development & Design, LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Use the Communication Service to conduct any form of lottery or gambling, or to impersonate any person or entity.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, pornographic, defamatory, infringing, obscene, indecent, abusive, threatening or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, , corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
We generally do not monitor or edit the Content posted by users of the Communication Service. However, we may access your account and your mail to review materials posted to the Communication Service and to remove any Content that is posted in violation of these conditions of use or is otherwise inappropriate or objectionable. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations.
Storage and Space Limitations
We may establish limits concerning the Sites (“Sites”), the storage of email messages, including the maximum number of days that email messages will be retained, the total number and/or total size (bandwidth used) of messages that may be sent from or received by an account, the maximum size of any email message and the disk space that will be allotted on our servers for an account. We may change these general limits without notice. We have no responsibility or liability for the deletion or failure to store email messages. Some messages may not be processed due to space constraints or outbound message limitations. You agree that we are not responsible or liable for the deletion or failure to store messages or other information.
Termination and Access Restrictions
No persons under the age of 13 may use the system and any persons creating accounts agree they are over 13. Due to the interactive nature of our site, and in order to comply with Federal laws designed to protect children on the Internet, we do not permit children to register on our site.
We may without notice modify or discontinue, temporarily or permanently, any or all of the Services. You agree that we will not be liable for any such modification or discontinuance of the service.
We reserve the right, in our sole discretion, to terminate your account without notice to you at any time, with or without cause. Upon termination of your account, we may delete your email files and bar or restrict further access to Services. In the event of a paid account, we may terminate at any time and will only refund against certain criteria.
We may also terminate or suspend your access to Services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by us.
We shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
We will immediately terminate any account which we believe, in our sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited commercial (UCE) or other bulk email.