"The Company" means MacKinney Systems,
"Member" means a customer of MacKinney Systems, Inc. who has been
granted a personalized access on the company's website.
"Members' Area" means a section of the website which only authorized
persons may access using a login and a password.
"Login" means an identifier that enables the website to recognize the
"Password" means a set of characters which only the Member knows and
which along with his/her Login will grant access to the Members'
"Unauthorized person" in relation to a login and password means a
person to whom the company has not given authority to use that login
2. Access to members' area
2.1 Any member who wishes to have access
to the Members' Area of the Company's website should submit the online
2.2 The Company shall use reasonable endeavors to provide access to the
member within 2 business day from the time registration form is
submitted and the company has no liability for any failure to meet any
2.3 Access shall be granted to the member on the terms and conditions
of this contract and they should be read in conjunction with
contractual terms, disclaimers, and notices displayed or hyperlinked on
2.4 The Company may occasionally suspend access for operational reasons
such as repair, maintenance or improvement of the Service or because of
an emergency, but before doing so will give as much online, written or
oral notice as is reasonably practicable. The Company shall restore the
Service as soon as it reasonably can after suspension.
3. Login and password
3.1 The Member Login and Password are
those that are chosen by the customer at the time of registration and
the member shall use his/her own means such as a telephone service and
modem to establish physical connection to Internet for accessing and
using the Service.
3.2 The member shall be responsible for the safekeeping of his
password. He/She shall protect the secrecy of the login and password
assigned to him at all times and shall ensure that the same is not
revealed or disclosed in any manner whatsoever to any person or persons
whomsoever. The Customer shall be fully responsible for and shall bear
all charges, losses or damages arising from any use of his/her login
and password, howsoever the same may arise.
3.3 In order to preserve the secrecy of the Members' Area, the member
may request for alteration of the password given to him.
3.4 In case the Login and Password become known to any unauthorized
person(s), the member shall notify the company immediately. The company
shall nevertheless not be liable for any unauthorized access to the
Members' Area by any other person impersonating the member. The Company
reserves the right (at its sole discretion) to require the member to
change the password used by the latter in connection with the
4. Use of members' access area
4.1 Members shall be allowed access to a
number of personalized services on the company's website through the
use of their login and password.
4.2 The set of services available on the Members' Area can be changed
at the complete discretion of the MacKinney Systems.
4.3 The Member must ensure that he/she logs-off from the service after
use. Failure to do so may result in unauthorized access for which the
Company would not be held liable.
4.4 The member shall promptly comply with all notices, instructions or
directions given by the Company in respect of the use or operation of
4.5 The member shall not use the service for any unlawful purposes.
5.1 Access to a member shall be forthwith
5.1.1 the latter has breached any of the terms and conditions contained
5.1.2 in the reasonable opinion of the Company, the member has used,
attempted, or is likely to use the service in contravention of any law
or to cause any annoyance, embarrassment, harassment, disturbance or
nuisance of any kind whatsoever and to whomsoever or if it is not in
the public interest or it is deemed by the Company that it is not in
the Company's interest.
5.1.3 where request for termination of same has been made to the
Company by the member.
5.2 The Company reserves the right to suspend or terminate the Members'
Area Service or deactivate a members' access at any time without giving
any reason whatsoever. It shall, however, give as much online, written
or oral notice as is reasonably practicable.
6. Provisions relating to the availability of the
6.1 The Company shall not be held liable
for malfunction, temporary breakdown, access denial or any other cause
that may result in the member being unable to access the Members'
7. Modifications to terms and conditions
7.1 The company may amend this agreement
from time to time and the member shall be bound by the version of this
agreement that exists at the time he/she uses any service in the
Members' Area. Member's use of any service shall be regarded as
acceptance of such current version. The member hereby agrees that
irrespective of the nature of the amendments, such amendments would not
constitute separate new agreements but a variation of the previous
version of this agreement.