terms

MDSI Merchant Development System, Inc.

AGREEMENT BETWEEN YOU AND MDSI Merchant Development Systems, Inc.

MDSI Branded email is a Division of MDSI Merchant Development Systems, Inc. The MDSI Branded eMail suite of products includes Branded eMail, VMail, The HandCart, and The PurPay Gateway. Branded eMail, VMail, The HandCart and The PurPay Gateway will be collectively referred to in this Terms of Service document as MDSI Branded eMail.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Please see our Privacy Statement for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

In order to open a MDSI Branded eMail account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. Once approved we will provide you with a user name and password. Once logged in you can change your password. You are entirely responsible for maintaining the confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MDSI Branded eMail immediately of any unauthorized use of your account or any other breach of security. MDSI Branded eMail will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MDSI Branded eMail or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

MDSI Branded eMail reserves the right to change the terms, conditions, and notices under which the MDSI Branded eMail Site/Services are offered, including, but not limited to, the charges associated with the use of the MDSI Branded eMail Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular web sites. Your continued use of the MDSI Branded eMail Site/Services constitutes your agreement to all such terms, conditions, and notices.

LINKS TO THIRD PARTY SITES

The MDSI Branded eMail Site/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of MDSI Branded eMail and MDSI Branded eMail is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MDSI Branded eMail is not responsible for webcasting or any other form of transmission received from any Linked Site nor is MDSI Branded eMail responsible if the Linked Site is not working appropriately. MDSI Branded eMail is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MDSI Branded eMail of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the MDSI Branded eMail Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MDSI Branded eMail shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MDSI Branded eMail Site/Services, you will not use the MDSI Branded eMail Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MDSI Branded eMail Site/Services in any manner that could damage, disable, overburden, or impair any MDSI Branded eMail Site/Services (or the network(s) connected to any MDSI Branded eMail Site/Services) or interfere with any other party's use and enjoyment of any MDSI Branded eMail Site/Services. You may not attempt to gain unauthorized access to any MDSI Branded eMail Site/Services, other accounts, computer systems or networks connected to any MDSI Branded eMail Site/Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MDSI Branded eMail Site/Services.

USE OF SERVICES

The MDSI Branded eMail Site/Services may contain email services, file storage, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise); Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information; Publish, post, upload, distribute, or disseminate any topic, name, material or information that incites discrimination, hate, or violence towards one person or a group because of their belonging to a race, a religion, or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same; Use any material or information, including images or photographs, which is made available through the MDSI Branded eMail Site/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Use meta tag searches on the web sites; Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded; Restrict or inhibit any other user from using and enjoying the Branded eMail Client; Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; Harvest or otherwise collect information about others, including email addresses; Violate any applicable laws or regulations; Create a false identity for the purpose of misleading others; Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity, any directory of users of an MDSI Branded eMail Site/Services or other user or usage information or any portion thereof. MDSI Branded eMail reserves the right at all times to disclose any information as MDSI Branded eMail deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at MDSI Branded eMail's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any MDSI Branded eMail Service. MDSI Branded eMail does not control or endorse the content, messages, or information found in the MDSI Branded eMail Service and therefore, MDSI Branded eMail specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to an MDSI Branded eMail Service may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MDSI Branded eMail

By providing materials to MDSI Branded eMail, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. You further allow MDSI Branded eMail and/or other divisions of the parent company, permission to use such materials or materials created for you in conjunction with any marketing, public relations and/or sales efforts. Designs/logos/names may be used in brochures, online presentations, sales materials, and/or be used as an example email to prospects of the MDSI Branded eMail system. By consenting to the Terms of Service, you are providing MDSI Branded eMail with permission to utilize these materials. If you do not want your materials to be used in this manner, please contact us in writing at the address stated above.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDSI Branded eMail SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MDSI Branded eMail SITE/SERVICES AND TO THE INFORMATION THEREIN. MDSI Branded eMail AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MDSI Branded eMail SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MDSI Branded eMail SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MDSI Branded eMail AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE MDSI Branded eMail SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MDSI Branded eMail AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF SALEABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT MDSI Branded eMail SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MDSI Branded eMail SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MDSI Branded eMail IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MDSI Branded eMail IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MDSI Branded eMail SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL MDSI Branded eMail AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MDSI Branded eMail SITE/SERVICES, THE DELAY OR INABILITY TO USE THE MDSI Branded eMail SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE MDSI Branded eMail SITE/SERVICES; OR OTHERWISE ARISING OUT OF THE USE OF THE MDSI Branded eMail SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MDSI Branded eMail OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MDSI Branded eMail SITE/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MDSI Branded eMail SITE/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that MDSI Branded eMail may establish limits concerning use of any MDSI Branded eMail Service offered on an MDSI Branded eMail Web site, including without limitation the maximum number of days that email messages will be retained by any MDSI Branded eMail Service, the maximum number of email messages that may be sent from or received by an account on any MDSI Branded eMail Service, the maximum size of an email message that may be sent from or received by an account on any MDSI Branded eMail Service, the maximum disk space that will be allotted on MDSI Branded eMail's servers on your behalf, and the maximum number of times and duration you may access any MDSI Branded eMail Service in a given period of time.

You agree that MDSI Branded eMail has no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any MDSI Branded eMail Service.

MDSI Merchant Development Systems, Inc. MAKES NO WARRANTY THAT ANY MDSI Branded eMail SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

NO SPAM; DAMAGES

MDSI Merchant Development Systems, Inc. will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay MDSI Merchant Development Systems, Inc., liquidated damages of $15 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay MDSI Merchant Development Systems, Inc., actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Idaho and the County of Latah, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Idaho and the County of Latah, USA in all disputes arising out of or relating to the use of the MDSI Branded eMail Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MDSI Branded eMail as a result of this agreement or use of the MDSI Branded eMail Site/Services. You agree to indemnify and hold MDSI Branded eMail, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MDSI Branded eMail Site/Services. MDSI Branded eMail reserves the right to disclose any personal information about you or your use of the MDSI Branded eMail Site/Services, including its contents, without your prior permission if MDSI Branded eMail has a good-faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MDSI Branded eMail or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. MDSI Branded eMail's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MDSI Branded eMail's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the MDSI Branded eMail Site/Services or information provided to or gathered by MDSI Branded eMail with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MDSI Branded eMail with respect to the MDSI Branded eMail Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MDSI Branded eMail with respect to the MDSI Branded eMail Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MDSI Branded eMail Web sites are: Copyright © 1999-2007 MDSI Merchant Development Systems, Inc.. and/or its suppliers, 389 Pintail Moscow, Idaho 83843. All rights reserved.

TRADEMARKS.

MDSI Branded eMail and/or other MDSI Branded eMail products and services referenced herein may also be either trademarks or registered trademarks of MDSI Branded eMail in USA/Canada and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

MDSI Branded eMail BILLING

Charges on your Billing Account

MDSI Branded eMail bills you through an online account (your "Billing Account") for services and items obtained under this Agreement (the "Products"). You agree to pay MDSI Branded eMail all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize MDSI Branded eMail to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your "Online Statement"). You will have one Online Statement per Billing Account. MDSI Branded eMail reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MDSI Branded eMail IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE MDSI Branded eMail ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MDSI Branded eMail MAY CONTINUE CHARGING YOU FOR ANY SERVICE/PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH SERVICE/PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If MDSI Branded eMail does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on your Online Statement or charged to your Billing Account or Payment Method.

Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that MDSI Branded eMail may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

MDSI Branded eMail MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MDSI Branded eMail REASONABLY COULD ACT.

Your non-termination or continued use of the Products/Services on your Billing Account reaffirms that MDSI Branded eMail is authorized to charge your Payment Method. MDSI Branded eMail may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive MDSI Branded eMail's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

Refund Policies

Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price-plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense. Design work is not refundable under any circumstances.

Due Date: Late Charge; Collection Costs

The amount due to Branded eMail for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by MDSI Branded eMail, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by MDSI Branded eMail on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but, if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. MDSI Branded eMail reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

Default

If MDSI Branded eMail does not receive payment for any charge to your Billing Account, you will be in default and MDSI Branded eMail may suspend or cancel your Billing Account and your access to any or all MDSI Branded eMail Products. If your Payment Method Provider seeks return of payments previously made to MDSI Branded eMail, but MDSI Branded eMail in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and MDSI Branded eMail may cancel your Billing Account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, MDSI Branded eMail MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN MDSI Branded eMail SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

Termination, Cancellation, or Suspension

MDSI Branded eMail may, in its discretion, terminate, cancel, or suspend an accepted order if MDSI Branded eMail is notified that your Payment Method has expired or has been canceled, or if MDSI Branded eMail has reason to believe that any Billing Account information provided to MDSI Branded eMail is untrue, inaccurate, not current, or incomplete. Termination, cancellation, or suspension, whether by you or MDSI Branded eMail, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation, or suspension (including charges made after termination by you but before MDSI Branded eMail could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.

General

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer, or sublicense any rights in your Billing Account. MDSI Branded eMail may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including, without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.

CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION

Disclosure to Receive All Information in Electronic Form

ALL INFORMATION THAT MDSI Branded eMail IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES, AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MDSI Branded eMail, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. MDSI Branded eMail WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA EMAIL AT THE EMAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES, OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO AN MDSI Branded eMail WEB SITE THAT WILL BE DESIGNATED IN AN EMAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO AN MDSI Branded eMail WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.

Consent to Receive All Information in Electronic Form

YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MDSI Branded eMail, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED MDSI Branded eMail A CURRENT EMAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.

Hardware and Software Requirements

In order to receive Required Information electronically from MDSI Branded eMail, you must have an email address and submit it to MDSI Branded eMail upon sign-up for any subscription, service, or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an email software program capable of sending and receiving email from MDSI Branded eMail via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing Required Information received in electronic form from MDSI Branded eMail via an email or by access to an MDSI Branded eMail Web site using one of the browsers specified above.

Changes to Hardware and Software Requirements

In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print Required Information that MDSI Branded eMail sends to you in electronic form, MDSI Branded eMail will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the subscriptions, services, or other items provided to you under this Agreement. You may, however, always choose to withdraw your consent to receive Required Information in electronic form according to the instructions set forth without the imposition of any fees, but MDSI Branded eMail may terminate your Billing Account and any subscriptions, services, or other items provided to you if you do so.