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TOS
Terms
of Service:
By
using our site, you are
agreeing to comply with
and be bound by the following
terms of use. Please review
the following terms carefully.
If you do not agree to these
terms, you should not use
this site. The term "Mindlash"
or "us" or "we"
or "our" refers
to Mindlash, Inc., the owner
of the Web site. The term
"you" refers to
the user or viewer of our
Web Site.
Acceptance of Agreement.
You agree to the terms and
conditions outlined in this
Terms of Use Agreement ("Agreement")
with respect to our site
(the "Site").
This Agreement constitutes
the entire and only agreement
between us and you, and
supersedes all prior or
contemporaneous agreements,
representations, warranties
and understandings with
respect to the Site, the
content, products or services
provided by or through the
Site, and the subject matter
of this Agreement. This
Agreement may be amended
at any time by us from time
to time without specific
notice to you. The latest
Agreement will be posted
on the Site, and you should
review this Agreement prior
to using the Site.
Copyright.
The content, organization,
graphics, design, compilation,
magnetic translation, digital
conversion and other matters
related to the Site are
protected under applicable
copyrights, trademarks and
other proprietary (including
but not limited to intellectual
property) rights. The copying,
redistribution, use or publication
by you of any such matters
or any part of the Site,
except as allowed by Section
4 below, is strictly prohibited.
You do not acquire ownership
rights to any content, document
or other materials viewed
through the Site. The posting
of information or materials
on the Site does not constitute
a waiver of any right in
such information and materials.
Some of the content on the
site is the copyrighted
work of third parties.
Service Marks.
Mindlash.com and others
are our service marks or
registered service marks
or trademarks. Other product
and company names mentioned
on the Site may be trademarks
of their respective owners.
Limited License; Permitted
Uses.
You are granted a non-exclusive,
non-transferable, revocable
license (a) to access and
use the Site strictly in
accordance with this Agreement;
(b) to use the Site solely
for internal, personal,
non-commercial purposes;
and (c) to print out discrete
information from the Site
solely for internal, personal,
non-commercial purposes
and provided that you maintain
all copyright and other
policies contained therein.
No print out or electronic
version of any part of the
Site or its contents may
be used by you in any litigation
or arbitration matter whatsoever
under any circumstances.
Restrictions and Prohibitions
on Use.
Your license for access
and use of the Site and
any information, materials
or documents (collectively
defined as "Content
and Materials") therein
are subject to the following
restrictions and prohibitions
on use: You may not (a)
copy, print (except for
the express limited purpose
permitted by Section 4 above),
republish, display, distribute,
transmit, sell, rent, lease,
loan or otherwise make available
in any form or by any means
all or any portion of the
Site or any Content and
Materials retrieved there
from; (b) use the Site or
any materials obtained from
the Site to develop, of
as a component of, any information,
storage and retrieval system,
database, information base,
or similar resource (in
any media now existing or
hereafter developed), that
is offered for commercial
distribution of any kind,
including through sale,
license, lease, rental,
subscription, or any other
commercial distribution
mechanism; (c) create compilations
or derivative works of any
Content and Materials from
the Site; (d) use any Content
and Materials from the Site
in any manner that may infringe
any copyright, intellectual
property right, proprietary
right, or property right
of us or any third parties;
(e) remove, change or obscure
any copyright notice or
other proprietary notice
or terms of use contained
in the Site; (f) make any
portion of the Site available
through any timesharing
system, service bureau,
the Internet or any other
technology now existing
or developed in the future;
(g) remove, de-compile,
disassemble or reverse engineer
any Site software or use
any network monitoring or
discovery software to determine
the Site architecture; (h)
use any automatic or manual
process to harvest information
from the Site; (i) use the
Site for the purpose of
gathering information for
or transmitting (1) unsolicited
commercial email; (2) email
that makes use of headers,
invalid or nonexistent domain
names, or other means of
deceptive addressing; and
(3) unsolicited telephone
calls or facsimile transmissions;
(j) use the Site in a manner
that violates any state
or federal law regulating
email, facsimile transmissions
or telephone solicitations;
and (k) export or re-export
the Site or any portion
thereof, or any software
available on or through
the Site, in violation of
the export control laws
or regulations of the United
States.
Forms, Agreements &
Documents
We may make available through
the Site or through other
Web sites sample and actual
forms, checklists, business
documents and legal documents
(collectively, "Documents").
All Documents are provided
on a non-exclusive license
basis only for your personal
one-time use for non-commercial
purposes, without any right
to re-license, sublicense,
distribute, assign or transfer
such license. Documents
are provided for a charge
and without any representations
or warranties, express or
implied, as to their suitability,
legal effect, completeness,
currentness, accuracy, and/or
appropriateness. The Documents
are provided "as is",
"as available",
and with "all faults",
and we and any provider
of the Documents disclaim
any warranties, including
but not limited to the warranties
of merchantability and fitness
for a particular purpose.
The Documents may be inappropriate
for your particular circumstances.
Furthermore, state laws
may require different or
additional provisions to
ensure the desired result.
You should consult with
legal counsel to determine
the appropriate legal or
business documents necessary
for your particular transactions,
as the Documents are only
samples and may not be applicable
to a particular situation.
Some Documents are public
domain forms or available
from public records.
No Legal Advice or Attorney-Client
Relationship.
Information contained on
or made available through
the Site is not intended
to and does not constitute
legal advice, recommendations,
mediation or counseling
under any circumstance and
no attorney-client relationship
is formed. We do not warrant
or guarantee the accurateness,
completeness, adequacy or
currency of the information
contained in or linked to
the Site. Your use of information
on the Site or materials
linked to the Site is entirely
at your own risk. We are
not a law firm and the Site
is not a lawyer referral
service.
User Content:
Content on Mindlash, Inc.
servers is unrestricted,
however customers are not
permitted to host illegal
content, AND OR IRC services
such as eggdrops, bouncers,
hubs or services, unless
they have written consent
from Mindlash, Inc. Administrators.
Adult content is NOT allowed,
and content must not involve
harming of people or animals.
Linking to the Site.
You may provide links to
the Site, provided (a) that
you do not remove or obscure,
by framing or otherwise,
advertisements, the copyright
notice, or other notices
on the Site, (b) your site
does not engage in illegal
or pornographic activities,
and (c) you discontinue
providing links to the Site
immediately upon request
by us.
Registration.
Certain sections of, or
offerings from, the Site
may require you to register.
If registration is requested,
you agree to provide us
with accurate, complete
registration information.
Your registration must be
done using your real name
and accurate information.
Each registration is for
your personal use only and
not on behalf of any other
person or entity. We do
not permit (a) any other
person using the registered
sections under your name;
or (b) access through a
single name being made available
to multiple users on a network.
You are responsible for
preventing such unauthorized
use.
Errors, Corrections and
Changes.
We do not represent or warrant
that the Site will be error-free,
free of viruses or other
harmful components, or that
defects will be corrected.
We do not represent or warrant
that the information available
on or through the Site will
be correct, accurate, timely
or otherwise reliable. We
may make changes to the
features, functionality
or content of the Site at
any time. We reserve the
right in our sole discretion
to edit or delete any documents,
information or other content
appearing on the Site.
Unlawful Activity.
We reserve the right to
investigate complaints or
reported violations of this
Agreement and to take any
action we deem appropriate,
including but not limited
to reporting any suspected
unlawful activity to law
enforcement officials, regulators,
or other third parties and
disclosing any information
necessary or appropriate
to such persons or entities
relating to your profile,
email addresses, usage history,
posted materials, IP addresses
and traffic information.
Indemnification.
You agree to indemnify,
defend and hold us and our
partners, agents, officers,
directors, employees, subcontractors,
successors, assigns, third
party suppliers of information
and documents, attorneys,
advertisers, product and
service providers, and affiliates
(collectively, "Affiliated
Parties") harmless
from any liability, loss,
claim and expense, including
reasonable attorney's fees,
related to your violation
of this Agreement or use
of the Site.
Nontransferable.
Your right to use the Site
is not transferable or assignable.
Any password or right given
to you to obtain information
or documents is not transferable
or assignable.
Disclosure
to Law Enforcement:
The AUP specifically prohibits
the use of our service for
illegal activities. Therefore,
Subscriber agrees that the
Company may disclose any
and all subscriber information
including assigned IP numbers,
account history, account
use, etc. to any law enforcement
agent who makes a written
request without further
consent or notification
to the Subscriber. In addition
Mindlash, Inc. shall have
the right to terminate all
service set forth in this
Agreement.
Service Rates:
Subscriber acknowledges
that the nature of the service
furnished and the initial
rates and charges have been
communicated to Subscriber.
Subscriber is aware that
the Company may prospectively
change the specified rates
and charges from time to
time. The promotional offer
is contingent upon Company
achieving and maintaining
its cost of service goals
including but not limited
to rates charged to company
by its suppliers.
Payment: Establishment
of this service is dependent
upon receipt by the Company
of payment of stated charges.
Subsequent payments are
due on the anniversary date
of the month for that month's
service.
IMPORTANT
NOTICE: *All Payments To
Mindlash, Inc. Are Non-Refundable*
Payments
and Fees:
Credit cards that are declined
for any reason are subject
to a $2.00 declination fee.
Service will be interrupted
on accounts that reach 15
days past due. Service interrupted
for nonpayment is subject
to a $10 reconnect charge.
Accounts not paid by due
date are subject to a $7.95
late fee. Accounts that
are not collectable by Mindlash,
Inc. may be turned over
to an outside collection
agency for collection. If
your account is turned over
for collection, you agree
to pay the company a "Processing
and Collection" Fee
of not less than $50 nor
more than $150.
If you desire to cancel
your account, please follow
the proper procedure to
do this as outlined in this
TOS.
Refund and Disputes:
All payments to Mindlash,
Inc., are nonrefundable.
This includes the one time
setup fee and subsequent
charges regardless of usage.
All overcharges or billing
disputes must be reported
within 60 days of the time
the dispute occurred. If
you dispute a charge to
your credit card issuer
that, in Mindlash, Inc.'s
sole discretion is a valid
charge under the provisions
of the TOS , you agree to
pay Mindlash, Inc. an "Administrative
Fee" of not less than
$50 and not more than $150.
Failure to Pay:
The Company may temporarily
deny service or terminate
this Agreement upon the
failure of Subscriber to
pay charges when due. Such
termination or denial will
not relieve Subscriber of
responsibility for the payment
of all accrued charges,
plus reasonable interest
and any collection fees.
Account Cancellation:
All requests for canceling
accounts must be made in
writing with at least 25
days notice and sent to
Mindlash,
Inc..
Attn: Cancellations
1415 Platt Springs Rd
West Columbia, SC 29169
You can also email your
cancellation request to
csr@mindlash.com
You must have all account
information to cancel.
Subscriber acknowledges
that the service provided
is of such a nature that
service can be interrupted
for many reasons other than
the negligence of the company
and that damages resulting
from any interruption of
service are difficult to
ascertain. Therefore, subscriber
agrees that the company
shall not be liable for
any damages arising from
such causes beyond the direct
and exclusive control of
the company. Subscriber
further acknowledges that
the company's liability
for its own negligence may
not in any event exceed
an amount equivalent to
charges payable by subscriber
for services during the
period damages occurred.
In no event shall the company
Disclaimer.
THE INFORMATION, CONTENT
AND DOCUMENTS FROM OR THROUGH
THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE,"
WITH "ALL FAULTS",
AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE
SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
TOS
Credits:
Portions
of this agreement have been
acquired by other sources
to assure protection of
both clients and providor
in an equally protective
manor. Such website sources
are: All Business, Easy
Server Management &
Brand Blast.
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