Mifa Service Agreement Last Updated: September 2007

1. What the Contract Covers.
This is a contract between you and the Sufa company referenced in section 26. Sometimes Sufa company referenced in section 26 is referred to as "Mifa," "we," "us" or "our". This contract applies to any MifaLife or Mifa websites or services, including updates, that you use while this contract is in force. All of the software or services are referred to in this contract as the "service."
Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 17 and 18, and we ask you to read them carefully.

2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

3. How You May Use the Service.
In using the service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • keep your service account password secret; and
  • promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.
In using the service, you may not:

  • use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Mifa parties"), or any customer of a Mifa party;
  • engage in, facilitate, or further unlawful conduct;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any unauthorized third party software or service to access the Mifa instant messaging network (currently known as the .NET Messenger Service);
  • use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Mifa, or "meta-searching");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
  • resell or redistribute the service, or any part of the service.

5. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf.

6. If You Are an Associated Account User.
If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.

7. Your Materials.
You may be able to submit materials for use in connection with the service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public free permission to:

  • use, copy, distribute, display, publish and modify your submission, each in connection with the service;
  • publish your name in connection with your submission; and
  • grant these permissions to other persons.
This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

8. Privacy.
In order to operate and provide the service, we collect certain information about you. We use and protect that information. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Mifa or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Mifa employees, customers or the public.
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.
In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you.

9. Software.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We reserve all other rights to the software.
We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use

10. Font Components.
You may use the fonts installed by the service to display and print content. You may only

  • embed fonts in content as permitted by the embedding restrictions in the fonts; and
  • temporarily download them to a printer or other output device to print content.

11. Mifa Authentication Network.
We may provide you with credentials on our authentication network to use with the service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including the delivery of and payment for goods. This contract applies to you whenever you use the credentials you obtained with the service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.

12. Requirements For Placing Advertisements.
You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

  • all advertising content is accurate, complete and current;
  • you have all necessary rights, power and authority to publish the advertising content;
  • the advertising content, and any web site listed or linked to from the advertising content:
    • complies with all applicable laws and regulations;
    • does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
    • does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
    • does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
  • you possess documents substantiating all claims, express and implied, contained within the advertising content.

13. How We May Change the Contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.

14. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. The Mifa parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

15. LIABILITY LIMITATION.
You can recover from the Mifa parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:

  • the service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the service,
  • incompatibility between the service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • Mifa knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

16. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.

17. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

18. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

19. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

20. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

21. Your Notices to Us.
You may notify us as stated in the customer support or "help" area for the service. We do not accept e-mail notices.

22. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service.
We may provide required information to you:

  • by e-mail at the e-mail address you specified when you signed up for your service;
  • by access to a Mifa web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a Mifa web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

Copyright and Trademark Notices
All contents of the service are Copyright ? 2007 Mifa Corporation and/or its suppliers, One Mifa Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Mifa, MifaLife, Mifa logo, Mifa map, Mifa Newsletter, Mifa Bangna, Mifa Pinklao and/or other Mifa products and services referenced herein may also be either trademarks or registered trademarks of Mifa in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Mifa web sites servers is based in part on the work of the Independent JPEG Group. Copyright ? 1991 -1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Mifa web sites servers is copyright ? 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.

Potentially Unwanted Software
If you remove or disable "spyware," "adware" and other potentially unwanted software ("potentially unwanted software"), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.

Third Party Account Information
By using the "My Accounts" service through the service, you authorize Mifa and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Mifa and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Mifa and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

Parental Controls
Mifa offers parental control protections that help you limit access to material that is harmful to minors.

Financial Notice
Mifa is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the service constitute an offer or solicitation to buy or sell any security. Mifa does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.

Respect Copyright
Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

Support
Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.

 


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