Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The K&D Interactive Online Services ("Service"), owned and operated by K&D Interactive. ("KDI"), is provided to you ("Member") under the terms and conditions of this Terms of Service (TS) and any operating rules or policies that may be published by KDI. The TS comprises the entire agreement between Member and KDI and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING A REGISTRATION PROCESS ON ONE OF OUR WEBSITES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TS.

2. DESCRIPTION OF SERVICE

KDI is providing Member with a wide range of of free and paid services via the World Wide Web and on KDI's own system. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants KDI the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs the KDI Services, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) the KDI Services is required to disclose such information by any applicable law or legal process served on the KDI Services. If any information provided by Member is inaccurate, the KDI Services retain the right to terminate Member's membership and rights to use the Service.

3. MODIFICATIONS TO TERMS OF SERVICE

KDI may change the terms and conditions of the TS from time to time. Upon any change in the terms and conditions of the TS, the KDI Services will notify you by posting the changes in a newsletter. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TS and its modifications; and (2) agreement by Member to abide and be bound by the TS and its modifications.

4. MODIFICATIONS TO SERVICE

The KDI Services reserve the right to modify or discontinue any free Service with or without notice to Member. KDI is not liable to Member or any third party should the KDI Services exercise its right to modify or discontinue the Service.

5. RESTRICTIONS

Although KDI's Service does not restrict the number of accounts held by an individual, each email is restricted to one account per Service. Also, the account must be accessed at least once every 3 months, or it may be eligible for deletion. These restrictions are to distinguish and clear out inactive or erroneous accounts from our system.

6. NET ABUSE POLICY

KDI Service reserves the right to remove any user name at any time without any warning in response to abuse of the network or KDI Service. Abuse is defined as anything that is illegal and/or degrades the network such as to affect other users of KDI or the network in general. KDI Service feels that spam in any form, including but not limited to, unsolicited commercial email, irc messages and newsgroup postings is a serious abuse of the network and will not tolerate KDI's name being used in such a way. If you chose to abuse the network or defame KDI Service in any way, your user name will be immediately deleted and appropriate legal action will follow from KDI Service, your ISP and the related parties.

7. TRADEMARK POLICY

Removal of user names that are in question of trademark violation are subject to final approval by the KDI staff. KDI user names do not have any relation to the trademark name space.

8. PRIVACY POLICY

Member acknowledges and agrees that the KDI Services neither endorse the contents of any Member sites or pages nor assume responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

9. MEMBER ACCOUNT, PASSWORD, AND SECURITY

Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password and information at any time by following instructions. Member agrees to immediately notify the KDI Services of any unauthorized use of Member's account or any other breach of security known to Member.

10. DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE KDI SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE KDI SERVICES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE KDI SERVICES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE KDI SERVICES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE KDI SERVICES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

THE KDI SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF KDI SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. NO RESALE OR COMMERCIAL USE OF THE SERVICE

Member's right to use the Service is personal to Member. Member agrees not to resell the Service without the express consent of the owner company KDI.

13. SERVICE FAILURE AND OTHER LIMITATIONS

The KDI Services assume no responsibility for the deletion or failure to process requests for the Member. The KDI Services have set no fixed upper limit on the amount of traffic a Member may receive through the Service; however, KDI retains the right, at KDI's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TS and may terminate Service if a Member's conduct is found to be inconsistent with the TS.

14. MEMBER CONDUCT

Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Services make use of the Internet to receive and redirect requests for the Member; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. KDI feels very strongly that the sending of unsolicited bulk email ("spamming") constitutes theft of service, and we do not condone the use of our service for this purpose. If we receive complaints that a Service has been used for this purpose, we will investigate the complaints and take legal action against the Member of the account. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. KDI may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TS.

15. INDEMNIFICATION

Member agrees to indemnify and hold the KDI Services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

16. TERMINATION

Either Member or KDI may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. KDI Services shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the TS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify KDI of termination. Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and the KDI Services will have no obligation thereafter to process any requests of the Member or any third party.

17. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. The KDI Services may broadcast notices or messages through the Service to inform Member of changes to the TS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

18. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. KDI Services assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

19. PROPRIETARY RIGHTS TO CONTENT

Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by KDI or KDI Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

20. LAWS

The TS shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia, excluding its conflict of law provisions. Member and KDI agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales, Australia. If any provision(s) of the TS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. KDI's failure to exercise or enforce any right or provision of the TS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KDI in writing. Member and KDI agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TS are solely used for the convenience of the parties and have no legal or contractual significance.