Terms and Conditions
Please note that the MDSGRP service is not for use by children under 13 years of age. If it comes to MDSGRP's attention through reliable means that a registered user is a child under 13 years of age, MDSGRP will cancel that user's account.
Also please note that the MDSGRP software, as with most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the MDSGRP Software and the Internet in general, you may be subject to various risks, including among others:
- Exposure to objectionable material and/or parties, including without limitation, contaminated files.
- Unauthorized invasion of your privacy during, or as a result of, your use or another's use of the system.
- Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, "imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful.
- Unauthorized exposure of information and material you listed or sent, on or through the ICQ system to other users, the general public or any other specific entities for which the information and material was not intended by you.
If you do not wish to be subjected to these risks, you are advised not to use the MDSGRP Software. Furthermore, please do not use the MDSGRP Software for "Mission Critical" or "Content Sensitive" applications and purposes.
For the purpose of this section "Mission Critical" applications and purposes shall mean applications and use that may result in damage; "Content Sensitive" shall mean any information or data you do not wish to be freely accessible and generally available to Internet users.
Please note that in each and every Internet application, the IP address of the sender is an integral part of the TCP/IP standard protocol of the Internet, and can be extracted by any party to the communication session using certain software and/or hardware. Also note that the IP privacy feature, designed to allow an MDSGRP user to reduce the exposure of his/her IP address on MDSGRP, is provided to you as a convenience only and does not guarantee a complete non-exposure of your IP address.
For the MDSGRP Software's terms of service please review the following MDSGRP Usage Notices as well as the MDSGRP License Agreement, the Privacy Policy, the Acceptable Use Policy, Tools Notices and any other terms of service document available on or through http://www.mdsgrp.com/legal/.
European Union MDSGRP users understand and consent to the processing of personal information in the United States.
GENERAL NOTICE
MDSGRP referred here after as MDS is committed to the flowing information and communication over the internet. That is why we have created the MDS environment. In order to make this environment as comfortable as possible we have adopted a dual policy - MDS Privacy Policy which enables any user to set his or her privacy level in communicating through MDS, and MDS Acceptable Use Policy which is an ethical code of conduct for MDS users.
We believe that the Dual Policy will make the MDS environment even more comfortable for all users.
On its Site MDS is offering you several services and software products that may expand your businesses. We trust that you will use these facilities to promote the flowing exchange of information and exercise your freedom of expression in an appropriate manner under the Dual Policy.
Please read the Acceptable Use Policy carefully. This document is an inherent part of this agreement. Your use of any service or product provided on this Site will constitute your agreement to comply with the following rules as well as with the rules set in the Acceptable Use Policy. If you cannot agree with these rules, please do not use this site, any service or product available via this Site and the MDS server.
These rules may be modified by MDS from time to time; you should check the rules on a regular basis.
This publication could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. These changes will be incorporated in new editions of the publication.
The services offered to you may be different from services offered to others. We do not warrant that the Services will be available 24-hours per day, 7-days per week. We do not warrant that the Services will be provided properly or completely.
Children Under 13
The MDS service, software, network, system, Web site, servers, various directories and listings, various message and news boards, tools, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. Please note that if it comes to MDS's attention through reliable means that a registered user is a child under 13 years of age, MDS will cancel that user's account.
Certain Risks
You acknowledge that there are certain risks inherent to the use of the MDS Server, End User software, this website and all services available on or through this website and the MDS Server. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of the services (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of our provision of and/or your use of the services. IF YOU PUBLISH PERSONAL INFORMATION, INCLUDING MDS USER NUMBER, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. It is therefore important that you do not publish personal information and that you understand that any disclosures are made by you at your own risk.
THE CONTENT OF ANY COMMUNICATIONS AVAILABLE ON OR THROUGH THIS WEBSITE, THE MDS SERVER, THE END USER SOFTWARE, THE GLOBAL DIRECTORY OR THE PRODUCTS AND SERVICES AVAILABLE THEREFROM OR THEREON, IS SOLELY PROVIDED BY THE USERS. MDS DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH COMMUNICATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR COMMUNICATIONS AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, FOR PROFANITY, INSULTS, ABUSE, SEXUAL SUGGESTIVE COMMENTS TO MINORS, SEXUAL OR OTHER HARRASSMENT). MDS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF SUCH CONTENT FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. Without limitations to the generality of the aforesaid, due to the nature of internet, computers, data flow, and other technical and economical practicalities, data on computers and on the internet is secured only up to a certain level, and may be subject to eavesdropping, sniffing, through imposing, breaking passwords etc. , or reach an erroneous address or recipient. MDS is no different than other applications in this respect. Therefore, NEVER send any content-sensitive material on MDS.
YOU UNDERTAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY AND PRIVACY LAWS.
You understand that our sole warranty with respect to the foregoing risks is as set forth in the foregoing Paragraphs.
You acknowledge that there are certain risks inherent to Using the MDS Server, End User software, this website and all services available on or through this site and the MDS Server
All title and intellectual property rights in and to the content which may be accessed through the site is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license agreement grants you no rights to use such content.
MDS do not warrant or guarantee 1) that any program or information on this Site will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the functions or services performed by MDS will be uninterrupted or error-free or that defects in the MDS program and the MDS Global Directory will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system.
MDS reserves the right and the sole discretion to (A) make improvements and/or changes in any service and/or software described in this publication, including, without limitation, changing or deleting UINs (B) cease to provide any service and or software described in this publication to all users or any number thereof at any time without warning (C) refrain from publishing on this Site and delete from this Site any information or material provided for display or placed on the message board originating from any user.
MDS is not responsible for any information, including without limitation, online and offline messages, users' personal data, website material, users' whitepages postings submitted on or through the MDS network or residing on MDS's servers. MDS may erase, remove, delete or alter such information without prior notice, for functional or any other reason.
Please note, any information or suggestions submitted to MDS concerning MDS, the MDS software or network are provided voluntarily, and MDS is free to use such suggestions or information in any manner it deems appropriate. Therefore, do not submit any confidential or proprietary information.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MDS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
MDS MAKES NO REPRESENTATIONS ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION USER'S DETAILS PUBLISHED ON THIS SITE. USER'S DETAILS AND ANY OTHER INFORMATION PROVIDED BY USERS ARE NOT REVIEWED, CONTROLLED, EXAMINED OR VERIFIED BY MDS IN ANY WAY BEFORE THEY APPEAR ON THE MDS GLOBAL DIRECTORY, MESSAGE BOARDS, USER FORUMS, MDS LISTS OR ANYWHERE ELSE ON OR THROUGH THIS SITE OR THE MDS NETWORKS. IN MANY CASES THIS INFORMATION ORIGINATES FROM AUTOMATIC POSTING. MDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION. THIS INFORMATION MAY BE DELETED OR ALTERED WITHOUT ANY PRIOR WARNING IN PART OR IN WHOLE. MDS IS NOT RESPONSIBLE FOR LOSS OF ANY INFORMATION OF ANY KIND POSTED ON OR THROUGH THE MDS WEBSITE OR NETWORK.
IN NO EVENT SHALL MDS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, YOUR ACCESS OR INABILITY TO ACCESS THE SERVICES, OR YOUR USE AND RELIANCE ON INFORMATION AVAILABLE ON THESE SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE AND INCLUDING ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to indemnify MDS its employees, agents, and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your submissions or deletion thereof, from your use of any service and/or material obtained from or through any service provided on this Site, or from your breach of these rules. You further agree that the MDS is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.
You agree not to disrupt or interfere with the services provided on this Site, nor to alter or tamper with any information or materials on or associated with this Site.
The following specific notices are in addition to the general notice and are not by way of limitation.
Specific notice for the End-User of this Site
The MDS end-user landing page site is a copyright of MDS. An end user will be unable to USE the MDS end-user site unless he or she first agrees to the terms and conditions of the license agreement which accompanies or is included with the MDS end-user site.
Any use, copying or redistribution of the MDS end-user site which violates the license agreement is prohibited by law and may result in severe civil and criminal penalties.
Without limiting the provisions of the license agreement, any commercial use or any use which is not by end-user of the MDS end-user site and any kind of copying or reproduction of the MDS end-user site to any other location or server for further reproduction or distribution is strongly prohibited.
MDS WARRANTS THEMDS END-USER SITE, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. MDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MDS END-USER SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT.
MDS AND OR ITS AGENTS ARE IMMUNOTEC DIST AND THEREFORE AS A PART OF THIS AGREEMENT IT IS UNDERSTOOOD THAT SEVEN AND ONE HALF PERCENT OF ALL SALES WILL GO TO MDS AND OR ITS AGENTS. THESE SALES BEING MADE BY USE OF MDS SERVICES, IT IS UNDERSTOOD THAT THEY USE OF THE MDS SITE IS A RENTAL AND NO OWNERSHIP IS GIVEN OR IMPLYED.
It is also understood that with the use of the MDS site there will be a number of person who do not purchase products or services doing the time of the licensing / rental. These names, address and all other information is the sole property of MDS. MDS my market to these person after the end of the agreement for any and all services or products at the sole discretion of MDS.
The seven and one half percent of sales will be taken as normal part of business. By use of the landing site, or the 800 call system either as a rotation service or not. The information will be provide to persons using the system upon written request as to the number of sales taken from their site or 800 service only.
Specific Notice for links to third party sites available on this website
This MDS website may contain third party links, including links to users own websites or lists. These links allow you to exit MDS's website and enter third party or other users websites. These links are provided by MDS only as a convenience. The linked websites are not reviewed, controlled or examined by MDS and MDS is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by MDS. In no event shall MDS be liable to anyone for any damage arising from or occasioned by the creation or use of the third parties websites or lists or the information or material accessed through these websites or lists. MDS reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from this site.
Specific notice to users accessing the Global Directory, ICQ Server, WebPager, Page Me, Email Express, Message Boards, Communication Panel, Meet People, Chat Rooms Directory, Users Lists Directory and HelpDesks Directory and those installing WebPager, Email Express, Page Me or Communication Panel on third party's website
The access to MDS Global Directory and MDSServer are provided by MDSas a convenience. MDS users and those wishing to contact MDS users are granted a limited access to the MDS Global Directory and MDS Server solely for the purpose of allowing more convenient personal communications over the MDS system and products. Any other use or attempt to use the MDS Global Directory or MDS Server for commercial, or other purposes or for systematic retrieval of data stored in the MDS Global Directory and any kind of copying or reproduction of the data, or any part thereof, stored in the MDS Global Directory to any other location or server for further reproduction or distribution is strongly prohibited.
You acknowledge that you are expressly prohibited from utilizing MDS's Message Boards, WebPager, Email Express, Page Me, MDS Server or MDS Global Directory in connection with the sending of unsolicited electronic mail or other messages, whether commercial or not, to a large number of recipients or otherwise exceeding reasonable personal use. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of MDS' Message Boards, WebPager, Email Express, Page Me, Chat Rooms Directory, Users Lists Directory and HelpDesks Directory MDS Server or MDS Global Directory.
A message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
MDS makes no warranty or guarantee as to the availability or reliability of these services. These services can be terminated, limited or denied at any time, temporarily or permanently, with no advance notice. Servers functionality may be changed, reduced or limited at any time. MDS may elect to grant different grade of service and priorities to different users, at any time without prior announcement, at its sole discretion. MDS may elect in its sole discretion to condition the continuation of access to server, on you accepting software improvements, corrections, adaptations, or changes to the MDS program, or to the MDS numbers (UIN). MDS may at any time cancel, change, hold , de-list , introduce different publishing options to different users or refrain from publishing MDS numbers (UIN) or any other details users listed on the MDS Global Directory. You agree to the effects that limitation, reduction of functionality of the program or the server or the MDS Global Directory, or stopping access to the server or terminating the service, or introducing different grade of service or listings policies to you or to any other user, may have on your ability to use the program and/or the service and/or the server, or the MDS Global Directory whole or in part, for communicating with third parties, or their ability to communicate with you.
The information you access via the MDS Global Directory is provided by the users, and entered or posted by them, and is not reviewed, controlled or examined by MDS.
Please note and take the appropriate measures - like any other communication network operating over the internet or other media, MDS may be subject to privacy invasive activities including, but not limited to, criminal acts such as eavesdropping, electronic trespassing and fraud
By referring to "MDS Server" reference is made to the computer complex which contains several servers, data communication equipment, databases, hubs and routers.
Images
MDS is the proprietor of some of the images on this website, some images were obtained from IMSI's MasterClips/MasterPhotos(c) Collection, 1895 Fransisco Blvd. East, San Rafael, CA 94901-5506, USA, some images were provided by Corel Corporation (including images obtained from CorelDRAW® 9 which are protected by the copyright laws of the U.S., Canada and elsewhere. Used Under License) and may not be saved or downloaded and are only to be used for viewing purposes, some images were obtained from © 2003 www.clipart.com, other images belong to their respective owners.
Trademarks and Servicemarks
MDS, THE MDS CNETWORK and/or other MDS products referenced herein are Trademarks and/or Servicemarks of MDS. Other products and companies names or marks may be the Trademarks or Servicemarks of their respective owners.
Copyright remains MDS, and as such any Copyright notices in the code are not to be removed. If this code is used in a product, MDS should be given attribution as the author of the parts used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are NOT permitted.
The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.]
Governing Law and Jurisdiction
This MDS website, MDS Global Server and all services provided on or through the MDS website, or the MDS Global Server are subject to Israeli Law and to the exclusive jurisdiction of the courts of Nevada USA.
Keith Hooper
209-358-9145
Keith@khooper.com |