MASITSA TECHNOLOGIES' TERMS AND CONDITIONS OF SERVICES:
1. ACCEPTANCE OF TERMS
Mtukufu Internet Solutions ("a Masitsa Solutions Provider") welcomes you.
Mtukufu ( Mtukufu Internet Solutions) provides its SERVICES to you subject to the following Terms of SERVICES ("TOS"), which may be updated by us from time to time without prior notice. You can view the most current version of the TOS at any time at: http://masitsa.com. In addition, when using particular Masitsa owned or operated SERVICESs, you and Masitsa shall be subject to any posted guidelines or rules applicable to such SERVICESs, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Masitsa may also offer other SERVICESs that are governed by different Terms of SERVICES.
2. DESCRIPTION OF SERVICES
Masitsa provides users with access to a rich collection of resources, including various communications tools, forums, shopping SERVICESs, search SERVICESs, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "SERVICES"). You also understand and agree that the SERVICES may include advertisements and that these advertisements are necessary for Masitsa to provide the SERVICES. You also understand and agree that the SERVICES may include certain communications from Masitsa, such as SERVICES announcements, administrative messages and the Newsletter, and that these communications are considered part of Masitsa membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current SERVICES, including the release of new Masitsa properties, shall be subject to the TOS. You understand and agree that the SERVICES is provided "AS-IS" and that Masitsa assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the SERVICES, and that access may involve third-party fees (such as Internet SERVICES provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the SERVICES.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the SERVICES, you represent that you are of legal age to form a binding contract and are not a person barred from receiving SERVICESs under the laws of the United States, East Africa, Kenya or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the SERVICES's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Masitsa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Masitsa has the right to suspend or terminate your account and refuse you any and all current or future use of the SERVICES (or any portion thereof).
Masitsa is concerned about the safety and privacy of all its users, particularly children. Please remember that the SERVICES is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the SERVICES areas and/or Content (as defined in Section 6 below) are appropriate for your child.
4. MASITSA PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://Masitsa.com/privacy.php , You understand that through your use of the SERVICES you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, East Africa, Kenya and/or other countries for storage, processing and use by Masitsa and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the SERVICES's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Masitsa of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Masitsa cannot and will not be liable for any loss or damage arising from your failure to comply with this Section .
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Masitsa, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the SERVICES. Masitsa does not control the Content posted via the SERVICES and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SERVICES, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will Masitsa be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the SERVICES.
"  Utilization of the Masitsa products and SERVICESs requires any abuse emails to be forwarded to police@masitsa.com, or abuse tickets escalating. Failure to comply is a gross violation of these Terms.
You agree to not use the SERVICES to:
1.    upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.    harm minors in any way;
3.    impersonate any person or entity, including, but not limited to, a Masitsa official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.    forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SERVICES;
5.    upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.    upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7.    upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8.    upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9.    upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
10.    upload, post, email, transmit or otherwise make available any material that is of
keylogging / proxy SERVICES / irc / shell(s) if any type / file hosting / file sharing types
11.    On free hosting accounts upload, post, email, transmit or otherwise make available any material that is of pornographic material
.
12.    interfere with or disrupt the SERVICES or servers or networks connected to the SERVICES, or disobey any requirements, procedures, policies or regulations of networks connected to the SERVICES;
13.    intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission,EAC Laws, Laws at Nairobi Sheria House, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the Nairobi Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
14.    provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States, East Africa, Kenya government as a foreign terrorist organization pursuant to the Immigration and Nationality Act;
15.    "stalk" or otherwise harass another; and/or
16.    upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
17.    collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above.
 
You acknowledge that Masitsa may or may not pre-screen Content, but that Masitsa and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the SERVICES. Without limiting the foregoing, Masitsa and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Masitsa or submitted to Masitsa, including without limitation information in Masitsa Message Boards and in all other parts of the SERVICES.
You acknowledge, consent and agree that Masitsa may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer SERVICES; or (e) protect the rights, property or personal safety of Masitsa, its users and the public.
You understand that the technical processing and transmission of the SERVICES, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the SERVICES and software embodied within the SERVICES may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Masitsa and/or content providers who provide content to the SERVICES. You may not attempt to override or circumvent any of the usage rules embedded into the SERVICES. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SERVICES, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON MASITSA NETWORK
When you register with Masitsa, you acknowledge that in using Masitsa SERVICESs to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through Masitsa's computer networks, portions of which are located in California, Ohio, UK,India, and other locations in the United States, East Africa, Kenya and portions of which are located in Southern Africa. As a result, and also as a result of Masitsa's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of SERVICES, you acknowledge that use of the SERVICES results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, East Africa, Kenya or the country in which you reside.


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9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES
Masitsa does not claim ownership of Content you submit or make available for inclusion on the SERVICES. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the SERVICES, you grant Masitsa the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"    With respect to Content you submit or make available for inclusion on publicly accessible areas of Masitsa Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the SERVICES solely for the purposes of providing and promoting the Masitsa SERVICES to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the SERVICES and will terminate at the time you remove or Masitsa removes such Content from the SERVICES.
"    With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the SERVICES other than Masitsa Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the SERVICES solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the SERVICES and will terminate at the time you remove or Masitsa removes such Content from the SERVICES.
"    With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the SERVICES other than Masitsa Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the SERVICES are those areas of the Masitsa network of properties that are intended by Masitsa to be available to the general public. By way of example, publicly accessible areas of the SERVICES would include Masitsa Message Boards, forums and all areas that are open to both members and visitors. However, publicly accessible areas of the SERVICES would not include portions of Masitsa Servers that are limited to members, Masitsa SERVICESs intended for private communication or areas off  the Masitsa network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Masitsa.
10. CONTRIBUTIONS TO MASITSA
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Masitsa through its forum, or contact forums, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) Masitsa is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) Masitsa shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Masitsa may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of Masitsa without any obligation of Masitsa to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from Masitsa under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Masitsa and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the SERVICES, your use of the SERVICES, your connection to the SERVICES, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF FREE SERVICESS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the SERVICES (including your Masitsa ID), use of the SERVICES, or access to the SERVICES, unless you are a member of the Masitsa Reseller SERVICES, utilizing the reselling platform to resell to end users and/other resellers.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Masitsa may establish general practices and limits concerning use of the SERVICES, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the SERVICES, the maximum number of email messages that may be sent from or received by an account on the SERVICES, the maximum size of any email message that may be sent from or received by an account on the SERVICES, the maximum disk space that will be allotted on Masitsa's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the SERVICES in a given period of time. You agree that Masitsa has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the SERVICES. You acknowledge that Masitsa reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Masitsa reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICES
Masitsa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SERVICES (or any part thereof) with or without notice. You agree that Masitsa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SERVICES.
15. TERMINATION
You agree that Masitsa may, under certain circumstances and without prior notice, immediately terminate your Masitsa account, any associated email address, and access to the SERVICES. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the SERVICES (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the SERVICES.
Termination of your Masitsa account includes
(a) removal of access to all offerings within the SERVICES, including but not limited to Hosting accounts, Email SERVICES, SQL databases, Scripts,and others.
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the SERVICES. Further, you agree that all terminations for cause shall be made in Masitsa's sole discretion and that Masitsa shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the SERVICES.
Refund Policy.
Refunds are issued at the sole discretion of Masitsa Internet (Mtukufu Internet Solutions-MIS). Masitsa Internet reserves the right not to issue a refund. Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of SERVICES, SERVICES will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue SERVICES with Masitsa mid-way through the term. Payments which are deemed to be fraud which can be verified and certain to be fraud are eligible to a refund, subject to the terms and conditions of the payment provider such as PayPal, Money Bookers or 2Checkout.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SERVICES, including payment and delivery of related goods or SERVICES, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser(s). You agree that Masitsa shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SERVICES.
17. LINKS
The SERVICES may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Masitsa has no control over such sites and resources, you acknowledge and agree that Masitsa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Masitsa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or SERVICES available on or through any such site or resource.
18. MASITSA'S PROPRIETARY RIGHTS
You acknowledge and agree that the SERVICES and any necessary software used in connection with the SERVICES ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the SERVICES or by advertisers is protected by copyrights, trademarks, SERVICES marks, patents or other proprietary rights and laws. Except as expressly authorized by Masitsa or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the SERVICES or the Software, in whole or in part.
18b   FREE DOMAIN WITH  UNLIMITED  HOSTING
Free domain names which are included with the Unlimited Hosting accounts are the property of Masitsa Internet (MIS). Masitsa will always retain ownership of free domain names we register. If requested, Masitsa will allow the 'transfer' any free domains to an alternative hosting provider if a transfer administration fee is paid, which amounts to KSh.1800 (US$20). If the SERVICE has been provisioned for over 12 months Masitsa may waiver the above mentioned transfer fee.  Masitsa reserves the right to cancel / transfer domain names which are provided with paid hosting accounts. We reserve the right to renew or allow the expiration of domain names we register.
19   USE OF ADVERT BLOCKERS
Masitsa may use adverts to subsidize the costs of running the SERVICES, the use of advert blockers, or the process of recommending advert blockers whilst using the SERVICES is forbidden. Violation will result in account termination.
20. DISCLAIMER OF WARRANTIES for our free services
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MASITSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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.
2. MASITSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICESS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MASITSA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASITSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MASITSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICESS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICESS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
23. SPECIAL ADMONITION FOR SERVICESS RELATING TO FINANCIAL MATTERS
If you intend to create or join any SERVICE(S), receive or request any news, messages, alerts or other information from the SERVICES concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The SERVICES is provided for informational purposes only, and no Content included in the SERVICES is intended for trading or investing purposes. Masitsa and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the SERVICES, and shall not be responsible or liable for any trading or investment decisions based on such information.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
25. NOTICE
Masitsa may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the SERVICES.
26. TRADEMARK INFORMATION
The Masitsa, Masitsa logo, Mtukufu trademarks and SERVICES marks and other Masitsa logos and product and SERVICES names are trademarks of Masitsa (the "Masitsa Marks"). Without Masitsa's prior permission, you agree not to display or use in any manner the Masitsa Marks.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Masitsa respects the intellectual property of others, and we ask our users to do the same. Masitsa may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Masitsa's Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
"    a description of the copyrighted work or other intellectual property that you claim has been infringed;
"    a description of where the material that you claim is infringing is located on the site;
"    your address, telephone number, and email address;
"    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
"    a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send to: police@masitsa.com
28. GENERAL INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement between you and Masitsa and governs your use of the SERVICES, superseding any prior agreements between you and Masitsa with respect to the SERVICES. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Masitsa SERVICES, affiliate SERVICES, third-party content or third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and Masitsa shall be governed by the laws at Sheria House without regard to its conflict of law provisions. You and Masitsa agree to submit to the personal and exclusive jurisdiction of the courts located within the county.
Waiver and Severability of Terms.
The failure of Masitsa to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Masitsa account is non-transferable and any rights to your Masitsa ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. (This does not hold for our reseller/affiliate  programs)
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICES or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
29.  VIOLATIONS
Please report any violations of the TOS to: police@masitsa.com


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