Last Modified: January 8, 2016
Acceptance Of Terms
Welcome and thank you for using MSP International Services, having an office at 187 Lafayette Street 5 Fl, New York NY 10013 (“MSP IS”). These terms of service (“Terms”) cover your use of and access to our website, our documen-tation campus, and any services and software (“Services”) provided by MSP IS via the website or documentation campus. By clicking “I accept” below, you accept these Terms. We require your acceptance of the Terms before you may use our Services. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES. PLEASE READ THESE TERMS CAREFULLY. The Services available at mspis.com and all web pages are owned and operated by MSP IS.
Description Of Services
Viewing and sharing of content
User generated content
The Website's interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and infor-mation. To protect your safety, please use your best judgment when submit-ting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identi-fy or locate you in public areas of the Website. The Website reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
MSP IS will use your personal information to send you information you have requested periodically (trough our newsletter including News and/or curated content). You can unsubscribe at any time by either using the link provided in the email newsletter from MSP IS itself, by contacting us at firstname.lastname@example.org or replying to a newsletter including your wish to unsubscribe.
Download of QuickSupport Software
MSP IS may provide its customers with software, tools and utilities (“Soft-ware”) for use and/or download in order to enable them to receive our Quick-Support service. Software made available to download through our Services is subject to intellectual and other property rights of MSP IS and its third party licensors. MSP IS hereby grants the User the non-exclusive, non-transferable, revocable, limited right to download, use and copy the software for internal evaluation. Software made available by or through Services can be subject to other License Agreements, these rights will remain unaffected and shall apply accordingly.
Registration & Account
As a condition to using Services, you are required to open an account with MSP IS and select a password, your email will be your username (the “Ac-count”). You have to provide registration information, which must be accurate, complete, and current at all times. The usage of our documentation campus is granted to customers of MSP IS but not limited to its affiliated companies, licensors and suppliers. MSP IS will activate your account after your registra-tion, if service plans have been purchased by you and you are allowed to get access to our Content.
Failure to do so constitutes a breach of these Terms, which may result in ter-mination or suspension of your Account, at our discretion. You are responsible for maintaining the confidentiality of your password. You are solely responsible for all activities resulting from the use of your username and password, which are conducted through your Account.
Our Services are available only to individuals who are either (i) at least eighteen (18) years old, or (ii) at least fourteen (14) years old, and who are authorized to access the Services by a parent or legal guardian. If you are at least fourteen (14) years old and would like to use our Services, you have to obtain authoriza-tion from your parent or legal guardian before opening an Account to use the Services. Your parent or legal guardian is responsible for your conduct on the Services, and the consequences of any misuse of the Services. We reserve the right to ask for written consent from a parent or legal guardian and to suspend your Account if you cannot provide written consent.
All of Your Data belongs to you and is your sole responsibility. We claim no ownership in Your Data and will not access Your Data. You acknowledge and agree that you are entirely responsible for all of Your Data and any data that you post, or otherwise submit to the Services.
We do not control user submitted content and do not and cannot guarantee the accuracy, integrity or quality of such content. You understand that by using the Services you may be exposed to content that is offensive, indecent or ob-jectionable. You are solely responsible for your interactions with other users of the Services. Company reserves the right, but has no obligation, to monitor disputes between you and other users. As a condition of your use of the Services, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms. For example, you must not, and must not attempt to do the following:
probe, scan, or test the vulnerability of any system or network;
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
access or search the Services by any means other than our publicly supported interfaces. This includes “scraping,” which we do not allow;
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, includ-ing “spoofing” or “phishing”;
promote or advertise products or services other than your own without appropriate authorization;
abuse promotions to get more storage space than deserved;
abuse the Services in a manner that circumvents their storage space limits;
sell the Services or Services accounts via unauthorized channels;
use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs;
publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
violate the law in any way including storing, publishing or sharing mate-rial that is fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
You are free to stop using our Services at any time. We reserve the right to suspend or end the Services at any time at our discretion and without notice. We may suspend or terminate your use of the Services if you are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for paid Accounts, we reserve the right to terminate and delete your ac-count if you have not accessed our Services for twelve (12) consecutive months. We will, of, course provide you with notice to the email address associated with your account before we do so.
You may terminate your Account at any time at your sole discretion towards the end of the month. We may terminate your Account at any time for any reason or no reason. Please ensure that you have backed up all of your Data otherwise before terminating your Account. All of Your Data remaining in your Account will be removed by Company thirty (30) days after termination of your Account.
We take claims of copyright infringement seriously. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent designated below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been in-fringed or, if the claim involves multiple works on the Services, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated “Copyright Agent” to receive DMCA Notices is:
MSP International Services Corp.
187 Lafayette Street
New York, NY 10013
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages including costs and attorneys’ fees under Section 512(f) of the DMCA.
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent.
Pursuant to the DMCA, the Counter-Notice must include substantially the fol-lowing:
Your physical or electronic signature.
An identification of the material that has been removed or to which ac-cess has been disabled and the location at which the material ap-peared before it was removed or access disabled.
Adequate information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail ad-dress.
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal Dis-trict Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.
Completed Counter-Notices should be sent to:
MSP International Services Corp.
187 Lafayette Street
New York, NY 10013
The DMCA allows us to restore the removed content if the party filing the orig-inal DMCA Notice does not file a court action against you within ten (10) busi-ness days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Ser-vices were removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. We disable and terminate the Accounts of users who are repeat infringers.
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Services.
Send e-mails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and in accordance with these Terms. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Services other than the homepage.
Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw link-ing permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contain links to other sites and resources provided by third par-ties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Release And Indemnity
Your access to and use of the Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Services or any other reason within or outside the control of MSP IS. MSP IS reserves the right to suspend or discontinue the availability of the Service and/or remove any of your Data at any time at its sole discretion and without prior notice. MSP IS may also impose limits on certain features and Services or restrict your access to parts of or all of the Services without notice or liabil-ity.
You hereby expressly and irrevocably release and forever discharge MSP IS, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold harmless MSP IS, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, dam-ages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the Site, (iii) the use of the Services, by you or any person using your account, or (iv) any violation of any rights of a third party.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of vi-ruses or other destructive code. You are responsible for implementing suffi-cient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintain-ing a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DIS-TRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNO-LOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERI-AL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAIL-ABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EX-PRESS OR IMPLIED. NEITHER MSP IS NOR ANY PERSON ASSOCIATED WITH MSP IS MAKES ANY WARRANTY OR REPRESENTATION WITH RE-SPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, AC-CURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MSP IS NOR ANYONE ASSOCIATED WITH MSP IS REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE AC-CURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COM-PONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OB-TAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MSP IS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHER-WISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MER-CHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL MSP IS, ITS AFFILIATES OR THEIR LICENSORS, SER-VICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARIS-ING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OB-TAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUD-ING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJU-RY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTH-ERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER AP-PLICABLE LAW. TO THE EXTENT PERMITTED BY LAW, MSP IS’S LIABILITY IS LIMITED AND SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
We may revise these Terms from time to time, and will always post the most current version. Your continued use of the Services after a change of the Terms will require your renewed acceptance of the Terms.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms constitute the entire agreement between you and MSP IS with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applica-ble to the subject matter of these Terms. These Terms do not create any third party beneficiary rights.
Waiver, Severability & Assignment
MSP IS’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. MSP IS may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Limitation on Time to File Claims