Terms of Service
These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of MFPad VPN (“Services”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to MFPad, Inc., as well as its subsidiaries and sister companies (“MFPad”). This Agreement explains Our obligations to You, and explains Your obligations to Us. This Agreement also incorporates MFPad’s Universal Terms Of Service.
Term of Agreement; Modification
You agree that MFPad may modify this Agreement and the Services it offers to You from time to time. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by, and be bound by, any such revisions or changes.
You agree to maintain accurate information by providing updates to MFPad, as needed, while You are using the Services. You agree You will notify MFPad within five (5) business days when there is any change of the information You provided for your account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by MFPad, to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if MFPad has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, MFPad has the absolute right, in its sole discretion, to terminate its Services and close Your account.
We do not log any user activity (i.e. sites visited, DNS lookups, emails, etc.) For security and troubleshooting purposes, we do log access attempts to Our servers.
Acceptable Use Policy
MFPad’s Acceptable Use Policy (“AUP”), which is incorporated herein by reference, is applicable to the use of Our Services. You agree to use Our Services for lawful purposes only and to fully comply with the terms and conditions set forth in this AUP. By using any Services, You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government;
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing;
- not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
- not to make, attempt or allow any unauthorized access to MFPad website, servers, Your own hosting account or the account of any other customers of MFPad;
- not to allow any remote code execution of malicious software through the hosting account provided by MFPad;
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against MFPad servers and facilities or the servers and facilities of other network hosts or Internet users;
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User;
- not to use MFPad services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence;
- not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
- not to engage in or to instigate actions that cause harm to MFPad or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc;
- not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription;
- not to introduce malicious programs into Mudhook’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
- not to scan the networks of others for vulnerabilities without authorization;
- not to execute any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the Customer without authorization;
- not to attempt to circumvent Customer authentication or security of any host, network, or account (“cracking”) without authorization;
- not to use any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
- not to “phish,” that is, simulating communications from and/or the website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
- not to “pharm,” that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
- not to falsify header information or user identification information;
- not to attempt or successful security breaches or disruption of Internet
- communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Mudhook server or account that Customer is not expressly authorized to access;
- not to hijack IP space;
MFPad reserves the right to refuse service to anyone upon Our discretion. Any material that, in MFPad’s judgment, is either obscene or threatening is strictly prohibited and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, MFPad will take corrective action upon Our own discretion and will notify You. MFPad’s decision in such case is binding and final, and cannot be a subject of a further change. MFPad cannot, and shall not, be liable for any loss or damage arising from Our measures against actions causing harm to MFPad or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than fourteen (14) calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension, threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. MFPad will not be liable for any loss or damages in such cases.
In connection with any email transmitted or received via the VPN network, servers or services, the following actions are prohibited:
- using email to engage in harassment, whether through language, frequency or size of messages. Continuing to send someone email after being asked to stop is considered harassment;
- using email to disrupt (e.g., mail bombing, “flashing,” etc.);
- originating email with falsified header information;
- originating email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is Advertised;
- originating chain letters, pyramid schemes, and hoaxes;
- using another party’s email server to relay email without express permission from such other party;
- using the Our or Your account to collect replies to messages sent from another provider that violate these rules or those of the other provider; and
- using Our VPN services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required.
You agree that You may only send bulk email using these Services through the use of “closed-loop opt-in” lists. If You send bulk email through “closed-loop opt-in” lists, You must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. Sending unsolicited (“opt-out”) bulk email is prohibited and is grounds for termination of Services. Sending “opt-out” bulk email from another provider advertising or implicating, directly or indirectly, the use of any Service hosted or provided by Us, including without limitation, email, web, content distribution, FTP and DNS services is prohibited. You may not advertise, distribute, or use software intended to facilitate sending “opt-out” email or harvest email addresses from the Internet for that purpose. In addition, You may not sell or distribute lists of harvested email addresses for the purpose of “opt-out” email. If You engage in the practice of unsolicited bulk email, as set forth above, from accounts with Us, You will be charged the cost of labor to respond to complaints, with a minimum charge of $200.
Because the Internet is an inherently open and insecure means of communication, any data or information a user transmits over the Internet may be susceptible to interception and alteration. You should not have an expectation of privacy in any content, including accounts of files transmitted through these VPN services.
Service Coverage & Speed
Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond Our control, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in Our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which Your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
We do not put any cap on bandwidth or data usage per user, however the use of service is subjected to fair usage. Creating automated or manual VPN sessions in a manner that would impersonate a bot or exerting excessive load on the network that may disturb other users on the network or utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or the likes, all are considered as unfair usage of the network. We reserve the right to temporarily suspend or permanently terminate users found involved in unfair usage of its services.
Except as otherwise set forth herein, all right, title and interest in, and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audio visual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by MFPad or its third party partners, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that You create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to You, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by MFPad and all right, title and interest in and to each such Derivative Work shall automatically vest in MFPad. MFPad shall have no obligation to grant You any right in any such Derivative Work.
Non-Exclusive Right To Use
If You have purchased or been given permission to use software from MFPad, MFPad grants You a limited, non-exclusive, non-transferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. MFPad reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of MFPad. The source code and its organization are the exclusive property of MFPad and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by MFPad and/or third party partners.
Any such software and Services are provided to You “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Billing and Payment
All fees for the Services shall be due and payable prior to the use of such Service, unless otherwise noted, such as when there is an offer for a free trial period. Fees for renewal periods after the Initial Term shall be due immediately upon the first day of such renewal period.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, MFPad will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at MFPad ‘s then current rates.
If You subscribed to the Service through one of Our distribution partners, You will be subject to their payment terms and obligations.
Termination & Cancellation Policy
The initial term of Your Services shall be determined by the plan You purchase (ie. month-to-month or annual.) The Initial Term shall begin upon the date of purchase of the Services. Thereafter, the Services may renew by Your using MFPad’s auto-renew feature or manually renewing.
This Agreement also may be terminated: (i) by MFPad at any time, without prior notice, if, in MFPad ‘s judgment, You are in violation of any terms or conditions herein; or (ii) in MFPad ‘s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon MFPad or could disrupt MFPad ‘s business operations; or (iii) by MFPad if it so determines that You are, or are alleged to be, violating the terms and conditions of any other Agreement entered into by You and either MFPad VPN or MFPad, Inc.. In the event of termination or suspension of Services under the above circumstances, You agree that no refunds will be due to You for the remainder of an existing subscription.
MFPad offers a one-time, 30 day cancellation for this product. After such time, You acknowledge and agree that there are no refunds after purchasing this Service.
MFPad provides customer support to You for issues related to MFPad service only. MFPad has the right to decide what is a service related issue.
You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. You acknowledge that by asking Our customer support representatives for assistance, You authorize their intervention and operation in Your account. You must provide MFPad with all information and access to facilities that MFPad may reasonably require to provide the requested customer support.
Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. MFPad has the sole right to decide what constitutes abuse of the HelpDesk system.
MFPad VPN can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. It is further governed by Our AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by MFPad, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of MFPad based upon the severity of the violation. MFPad reserves the right to refuse Service if You violate any of these terms. You agree that MFPad shall not be liable to You for loss or damages that may result from its refusal to provide the Services under this Agreement.
LIMITATION OF LIABILITY; WAIVER AND RELEASE
THE SERVICES OFFERED BY NAMECHEAP ARE BEING PROVIDED ON AN “AS IS” AND NAMECHEAP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, NAMECHEAP EXPRESSLY DOES NOT WARRANT THAT THE NAMECHEAP SERVICES WILL MEET YOUR REQUIREMENTS, FUNCTION AS INTENDED, OR THAT THE USE OF THE PROVIDED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAMECHEAP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU AGREE THAT NAMECHEAP WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (VI) EVENTS BEYOND THE CONTROL OF NAMECHEAP; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
IN NO EVENT SHALL NAMECHEAP BE LIABLE FOR ANY OR ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF NAMECHEAP IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO NAMECHEAP OR THE SERVICES PROVIDED BY NAMECHEAP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NAMECHEAP’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF NAMECHEAP OR ITS SERVICES OFFERED.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NAMECHEAP.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge MFPad and all affiliates of MFPad, and all officers, agents, employees, and representatives of MFPad, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the MFPad products and/or services by MFPad and its agents and employees. Further, You agree to defend, indemnify and hold harmless MFPad and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by MFPad’s AUP or any other Agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to MFPad, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your hosted MFPad website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or that it misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should MFPad be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, MFPad may seek a written confirmation from You concerning Your obligation to defend, indemnify MFPad. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that MFPad shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify MFPad of any such claim promptly in writing and to allow MFPad to control the proceedings. You agree to cooperate fully with MFPad during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
Trademark or Copyright Claims
MFPad is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright and Trademark Policies].
Additional Reservation of Rights
MFPad expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of), any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by MFPad in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by MFPad in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any third party partner; (iii) to assist with Our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of MFPad, its officers, directors, employees and agents, as well as MFPad’s affiliates.
In the event that MFPad need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
Governing Law and Jurisdiction for Disputes
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Arizona. You agree that any action to enforce this Agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of Arizona, or if there is no jurisdiction in such court, then in a state court in Phoenix County, State of Arizona. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.
You attest that You are of legal age (18 or over) to enter into this Agreement.
This Agreement, together with all modifications, constitutes the complete and exclusive Agreement between You and Us, and supersedes and govern all prior proposals, Agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for MFPad’s services through the online application process or otherwise, or by using the Services under this Agreement, You acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, Our original objectives and intent as reflected in the original provision.
Assignment and Resale
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without MFPad’s prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over MFPad, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, MFPad may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such sections.