THE MDI
TERMS OF USE
We
have taken every effort to design our Web site to be useful,
informative, helpful and honest. Hopefully we’ve
accomplished that — and would ask that you let us know if
you’d like to see improvements or changes that would make
it even easier for you to find the information you need and
want.
All we ask is that you agree to abide by the following Terms
and Conditions. Take a few minutes to look them over because
by using our site you automatically agree to them.
Naturally, if you don’t agree, please do not use the site.
We reserve the right to make any modifications that we deem
necessary at any time. Please continue to check these
terms to see what those changes may be! Your continued
use of the MDI Business Solutions Web site means that you
accept those changes.
General Terms
Restrictions on Use of Online Materials
All
Online Materials on the MDI Business Solutions site,
including, without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are
owned and controlled by MDI Business Solutions. You, the
visitor, may download Online Materials for non-commercial,
personal use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no
modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any
of our products, services, events or brands, and 4) you do
not download quantities of materials to a database, server,
or personal computer for reuse for commercial purposes. You
may not, however, copy, reproduce, republish, upload, post,
transmit or distribute Online Materials in any way or for
any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent
any content on the MDI Business Solutions site. Any attempts
to modify any Online Material, or to defeat or circumvent
our security features is prohibited.
Everything you download, any software, plus all files, all
images incorporated in or generated by the software, and all
data accompanying it, is considered licensed to you by MDI
Business Solutions or third-party licensors for your
personal, non-commercial home use only. We do not transfer
title of the software to you. That means that we retain full
and complete title to the software and to all of the
associated intellectual-property rights. You’re not
allowed to redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert it to any
other form that people can use.
Copyrights
MDI
Business Solutions respects the intellectual property
of others, and we ask our users to do the same. All content
submitted to MDI Business Solutions must be original content
designed and developed by the author submitting the file. If
the author is not the owner of the intellectual property
rights for any of the material used in a file, permission to
use the material must have been obtained from the owner of
the intellectual property rights in advance of posting the
file to MDI Business Solutions. MDI Business Solutions
may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be
infringing the intellectual property rights of others.
If you believe that your
work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please email us at admin@mdi-business.com,
stating the following information:
- An electronic or
physical signature of the person authorized to act on
behalf of the owner of the copyright interest.
- A description of the
copyrighted work that you claim has been infringed.
- A description of where
the material that you claim is infringing is located on
the site (Including the specific URL that would allow to
investigate the material).
- Your address, telephone
number, and email address.
- A statement by you that
you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the
law.
- A statement by you, made
under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
Disclaimer
of Warranties and/or Usage on your own risk
You expressly understand
and agree that:
- Your use of the service
is at your sole risk. The service and products is
provided on an "as is" and "as
available" basis. MDI Business Solutions
expressly disclaims all warranties of any kind, whether
express or implied.
- Any material downloaded,
acted upon invitation or offer or otherwise obtained
through the use of the service is done at your own
discretion and risk and that you will be solely
responsible for any damages that results from the
download or usage of any such material or service.
- No advice or
information, whether oral or written, obtained by you
from MDI Business Solutions or through or from this
service shall create any warranty not expressly stated
in the terms of use.
- MDI Business Solutions
makes no warranty that:
- The service will
meet your requirements.
- The service will be
uninterrupted, timely, secure, or error-free.
- The results that may
be obtained from the use of the service will be
accurate or reliable.
- The quality of any
products, services, information or other material
purchased or obtained by you through the service
will meet your expectations.
- Any errors in the
products, service or software will be corrected.
Limitation of Liability
You expressly understand
and agree that MDI Business Solutions shall not be liable
for any direct, indirect, incidental, special, consequential
or exemplary damages, included but not limited to, damages
for loss of profits, goodwill, use, data or other intangible
losses (even if MDI Business Solutions has been advised of
the possibility of such damages), resulting from:
- The use or the inability
to use the service.
- The cost of procurement
of substitute of goods and services resulting from any
goods, data, information or services purchased or
obtained or messages received or transactions entered
into through or from this service.
- Unauthorized access to
or alteration of your transmissions or data.
- Statements of conduct of
any third party on this service.
- Any other matter
relating to this service.
We are not liable even if
we've been negligent or if our authorized representative has
been advised of the possibility of such damages or both.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some
of the abovementioned limitations may not apply to you.
However, in any event, our
liability to you for all losses, damages, injuries, and
claims of any and every kind (whether the damages are
claimed under the terms of a contract, or claimed to be
cause by negligence or other wrongful conduct, or they're
claimed under any other legal theory) will not be greater
than the amount you paid if anything to access our site.
Submitting
Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or
other information that you send to MDI Business Solutions
through our site (other than information we promise to
protect under our privacy policy becomes and remains our
property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission
as confidential. You can’t sue us for using ideas you
submit. If we use them, or anything like them, we don’t
have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to
submissions of any kind. We can use them for any purpose we
deem appropriate to our MDI Business Solutions mission,
without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Links to Other Site
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because MDI
Business Solutions has no control over such sites and
resources, you acknowledge and agree that MDI Business
Solutions is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that MDI
Business Solutions shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on
or through any such site or resource.
Member/Visitor
Conduct
As a condition of your continued use of our Services you
agree not to use this Service for any unlawful purposes or
for any purposes specifically outlined in this document as
being outside the scope of our terms and conditions as
defined in this document. This purposes include, but
are not limited to:
- Upload, post or
otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- Harm minors in any way.
- Impersonate any person
or entity, including, but not limited to, a MDI Business
Solutions official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation
with a person or entity;
- Forge headers or
otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the
Service or develop restricted or password-only access
pages, or hidden pages or images (those not linked to
from another accessible page).
- Upload, post or
otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements).
- Upload, post or
otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights of any party.
- Upload, post or
otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form of
solicitation, except in those areas of the Service that
are designated for such purpose.
- Upload, post or
otherwise transmit any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment.
- Disrupt the normal flow
of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges.
- Interfere with or
disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the
Service.
- Intentionally or
unintentionally violate any applicable local, state,
national or international law.
- "stalk" or
otherwise harass another.
- Promote or provide
instructional information about illegal activities,
promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals.
This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and
other weapons, and creating "Crush" sites.
If you are unsure whether any
contemplated use or action is permitted, please send mail to
admin@mdi-business.com
and we will assist you.
Modifications to Sevice
MDI Business Solutions reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice. You agree that MDI Business Solutions shall
not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
Termination
You agree that MDI Business Solutions, in its sole
discretion, may terminate your use of the Service or use of
any other MDI Business Solutions service, and remove and
discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if MDI
Business Solutions believes that you have violated or acted
inconsistently with the letter or spirit of the Terms of
Use. MDI Business
Solutions may also in
its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service
under any provision of this Terms of Use may be effected
without prior notice, and acknowledge and agree that MDI
Business Solutions may
immediately deactivate or delete all related Site Content
and/or bar any further access to such Content or the
Service. Further, you agree that MDI
Business Solutions
shall not be liable to you or any third-party for any
termination of your access to the Service.
Advertisements and
Promotions
We run advertisements and promotions on MDI Business
Solutions pages. By using this service, you agree that MDI
Business Solutions has the right to run such advertisements
and promotions. The manner, mode and extent of advertising
by MDI Business Solutions on these pages is subject to
change. Your personal correspondence or business dealings
with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
MDI Business Solutions shall not be responsible or liable
for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such
advertisers on the Service or as a result of this Service
being unavailable specifically to you or as a result of this
service being unavailable as a whole for any reason
whatsoever.
Special
Admonitions for International Use
Recognizing
the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable
Content.
Jurisdictions
and Disputes
These
Terms of Use shall be governed by, construed and enforced in
accordance with the laws of South Africa, as it is applied
to agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have in any manner violated or threatened
to violate MDI Business Solutions and/or its affiliates'
intellectual property rights, MDI Business Solutions and/or
its affiliates may seek injunctive or other appropriate
relief in any court anywhere in South Africa, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Pretoria, South Africa.
Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Pretoria,
South Africa, under the South African Arbitration Rules.
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
MDI Business Solutions
may modify these Terms of Use, and the agreement they
create, at any time, simply by updating this posting and
without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
Special
Terms applicable to the following individual services of MDI
Business Solutions with are available to potential clients
on request:
Hosting
Optimization
Marketing
Special
Terms
Special
Terms applicable to the following individual services of MDI
Business Solutions are available to potential clients on
request:
Hosting
Optimization
Marketing
Contacting Us
If
you have any questions about the terms of use, the practices
of this site you can contact us at:
MDI
Business Solutions
5 Kraanvoël Ave
Rooihuiskraal
South Africa
0154
or
P.O. Box
53473
Wierdapark
Centurion
South Africa
0149
To
contact MDI Business Solutions by e-mail, please click
here:
You
can also contact us by telephone or fax on the following
numbers:
27-823247484
27-842059888
Fax: 0866500988
Contact
Persons: Dr. Leon Pienaar or Mr. Bosman Olivier
MDI
Business Solutions trust that this document answer your
questions and concerns about our terms of use.
THANKS
FOR STOPPING BY!
We hope your visit to MDI
Business Solutions
will be fun, safe and enjoyable.
(Last
updated 15 October 2006)