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| User Agreement |
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THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH MYINTERNETDESKTOP.COM
(HEREINAFTER "WE" OR "MID" OR "MYINTERNETDESKTOP.com") PROVIDES ITS PRODUCT MYINTERNETDESKTOP.com AND
OFFERS SERVICES TO ITS USERS (HEREINAFTER "USER" OR "YOU") . PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
USING OUR WEBSITE BECAUSE USE OF OUR WEBSITE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF
THIS USER AGREEMENT.
Welcome to MyInternetDesktop.com (MID). This Agreement describes the terms and conditions applicable
to your use of the products and services offered by MID. We reserve the right to change this
Agreement at any time by posting the changes on our site.
- Services Available - MyInternetDesktop.com is the place to organize your business and personal
life. You can store your files online and make them accessible to other users around the world.
You can maintain your web bookmarks in your virtual desktop and share them with others. No more
looking for your favorite bookmark in different browsers. You can receive and send e-mail online.
You can even customize your virtual desktop with your colors and fonts. We keep adding more
applications every week, so check back often!
- Payment of fees (not applicable to free service) - If you elect to purchase additional
storage or features ("additional services") you agree to provide MID with accurate and complete billing
information, including your legal name, address and telephone number, and to update this information
within 30 days of any change to it. Payment by fraudulent means will result in immediate termination
of your account with MID. When you sign up for MID additional services you will pay MID, by authorized
credit card, the applicable fees (see "Purchase Options" under the "Your Account" window in the
virtual desktop for more information). MID reserves the right to
add or modify the existing products and services which are available to Users and to change the applicable
fee at any time. MID reserves the right to terminate your account if fees are not paid within 30 days
from the due date. If an account is delinquent MID may suspend, archive or purge the system all
information associated with the account.
- Proprietary rights - The products and services offered under this Agreement and its enabling
software contain proprietary and confidential information which is the property of MID. All material,
including but not limited to any computer software data or information developed or provided by MID,
data or information developed or provided by MID or its suppliers under this Agreement, and any know how,
methodologies, equipment or processes used by MID to provide the services including without limitation
all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein
and appurtenant thereto shall remain the sole and exclusive property of MID. Access and interference -
you agree that you will not take any action that imposes an unreasonable or disproportionately large
load on our infrastructure.
- License - MID grants to those who accept the terms and conditions of this Agreement a
non-exclusive, non-transferable, non sublicensable license to use the object code. You shall
not sell, lease, license, sublease, reverse engineer, decompile or otherwise prepare any
derivative work (except for your information) from our website without the prior expressed
written permission of MID or the appropriate third party. You agree that MID has the right to
delete any files you may place on MID which MID, in its sole discretion, deems should be
deleted.
- NO WARRANTY - MID AND ITS SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. MID AND ITS SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES SO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY - IN NO EVENT SHALL MID OR ITS SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING
OUT OR IN CONNECTION WITH OUR SITE OR THE SERVICES PROVIDED UNDER THIS AGREEMENT EVEN IF
MID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT THE LIABILITY OF MID
TO YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO MID BY YOU
DURING THE 12 MONTHS PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED OR $100.00. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION
TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS,
AND OTHER TORTS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU.
- Indemnification - You agree to indemnify, defend and hold harmless MID its directors,
officers, employees and agents, and defend any action brought against same with respect to
any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees,
to the extent that such action is based upon a claim due to or arising out of this Agreement,
or your violation of the law or the legal rights of a third party.
- Privacy - MID'S policy on privacy is set out in the "privacy policy" which can be
found at http://www.myinternetdesktop.com/privacypolicy.html which
is incorporated herein by reference.
- Term - This Agreement is effective until terminated. This Agreement shall terminate
automatically upon failure by you to comply with any of its terms. Upon such termination You
must destroy the original and any copies of the software You acquired from MID. You agree that
the provisions of this Agreement which protect MID shall remain in full force and effect to
the extent necessary to protect MID's interests after the termination of this Agreement.
- Links - MID is not responsible for the websites of third parties including websites
which may be linked to MID's website and you should not construe any reference or link to any
third part website as an endorsement of such website by MID.
- Trademarks - You acknowledge MID's right, title and interest in and to the trademarks
found on MID's website. Further you acknowledge MID's exclusive right to use and license the
trademarks and agree not to claim any title to the trademark or any right to use the trademark
except as authorized by MID.
- Breach - Without limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to provide access to our
website and our services to you: (a) if you breach this Agreement; (b) if we are unable to
authenticate any information you provide to us; or (c) if, in our sole discretion, we believe
that your actions may cause harm to MID's business or legal liability for you our users. Such
activities include but are not limited to, using obscene material; infringing or
misappropriating another 's intellectual property rights; exposing MID or others to
computer viruses; involvement in chain letters or "spam"; stalking or harassing others;
collecting or storing personal data about others; or violation of any applicable local,
state or federal, or international law.
- Arbitration - Any controversy or claim arising out of or relating to this contract,
or the breach thereof, shall be settled by arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Los
Angeles, California and judgment on the arbitration award may be entered into any court having
jurisdiction thereof.
- Notices - Notices to MID shall be given by regular mail at 1126 East Alosta Avenue,
Glendora, CA 91741. Notices to Users may be made via a posting of such notice on MID's
website, e-mail or regular mail.
- General - You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of MID's website or services. This Agreement shall be governed
by the laws of the State of California without regard to its conflicts of laws provisions. If
any provision of this agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope or extent of such section. MID's
failure to act with respect to a breach of this Agreement does not waive its rights to act with
respect to subsequent or similar breaches. This Agreement sets forth the entire understanding
and agreement between you and MID.
- Parental control - Parental control protections (such as computer hardware, software,
or filtering services) are commercially available that may assist you in limiting access to
material that is harmful to minors.
- Acceptance of Terms and Conditions - Registration at or use of our website shall
constitute your acceptance of the terms and conditions of this User Agreement.
Continue on with registration.
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