TERMS of SERVICE

These terms and conditions of use apply to and govern your use of the Medfonet.com Web site (the "Site") and Services available thereon. This agreement refers to and applies to the MedfoNet public web site located at www.MedfoNet.com only. The private website operated by MedfoNet, Inc. is available only by subscription, and is governed by the MedfoNet Service Agreement, with which all subscribers concur. Hereafter, all references to the Site, Services, and MedfoNet.com, refer to the public site only.

The Services may include bulletin boards, software downloads, and newsletters, among other things (unless otherwise noted, the Site and Services shall be collectively referred to as the Site). Your use of the Site signifies your agreement to be bound by these terms and conditions. You agree to use Medfonet.com in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below and otherwise set forth on the Site.

If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. Before using the Site, please review Medfonet.com's current privacy policy here.

License to Use the Site

Medfonet.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon and use the Services for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.

Changes to Terms and Conditions

Medfonet.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. Your continued use of the Site after any changes to these terms and conditions of use are posted will signify your agreement to be bound by these modified terms
and conditions.

Acceptable Use Policy

You and other users may be invited to post appropriate knowledge or commentary on the Site, including, but not limited to, facts, advice, "tips" and opinions. The posted information may be viewed by you and/or other users of the Site. By posting information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Communications") on or through the Site, you agree that you are the sole responsible person from which such Communications originate. This means that you, and not Medfonet.com, are entirely responsible for the accuracy, completeness and ownership of all Communications that you upload, post, email or otherwise transmit via the Web site.

By using the Site, you agree that you:

• Will only use this Site for lawful purposes in accordance with this document, our Terms of Service,
• Agree with our Privacy Policy.
• Agree to honor our intellectual property rights.
• Agree to provide us with accurate information as necessary to the proper conduct of registration and electronic commerce through the Site and to take responsibility for the information you provide.
• Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.

Without limitation of the foregoing, you agree to not use the Site to:

• Upload, post, email or otherwise transmit any Communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
• "Stalk" another;
• Upload, post, email or otherwise transmit any Communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, national origin, ethnicity, age, or disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a Medfonet.com official, forum leader, guide or host, a MedfoNet user other than yourself, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Communication transmitted on or through the Site;
• Upload, post, email or otherwise transmit any Communication that you do not have a right to transmit 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);
• Upload, post, email or otherwise transmit any Communication that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas which may be designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed, you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Upload, post, email or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• 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, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
• You also agree that you will not harvest, collect or store information about the users of this Site or communications posted by others on the Site or use such information for any purpose inconsistent with the purpose of this Site or for, among other things, the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

Legal and Technical Limitations

You acknowledge and agree that Medfonet.com may preserve Communications and may also disclose Communications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any Communication violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Medfonet.com, its users and the public.

You understand that the technical processing and transmission of the Site, including the display of Communications, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Medfonet.com assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to Medfonet.com.

Any communication on the Site may be purged periodically in Medfonet.com's sole discretion. You acknowledge and agree that any Communication you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Communication. In this regard, you acknowledge that you may not rely on any Site Material or other content appearing on the Site. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Medfonet.com, and Medfonet.com does not support or endorse any content or views posted by you or any user.

HIPAA Compliance

Capitalized terms used in this section which are not defined elsewhere in the Agreement, shall have the meaning given under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and regulations promulgated thereunder by the U.S. Department of Health and Human Services (the "HIPAA Regulations").

MedfoNet shall not use Protected Health Information ("PHI") for any purpose other than for the performance of services under this Agreement for Customer. Further, MedfoNet shall not use PHI in any manner that would constitute a violation of the HIPAA Regulation 45 CFR Parts 160 and 164 ("Privacy Rule"). To the extent that MedfoNet discloses PHI to a third party, MedfoNet must obtain, prior to making any such disclosure, (i) reasonable assurances from such third party that such PHI will be held confidential as provided pursuant to this Agreement and only disclosed as required by law or for the purposes for which it was disclosed to such third party, and (ii) an agreement from such third party to immediately notify MedfoNet of any breaches of confidentiality of the PHI, to the extent it has obtained knowledge of such breach.

MedfoNet shall implement appropriate safeguards as are necessary to prevent the use or disclosure of PHI otherwise than as permitted by this Agreement, and shall report to Customer in writing any use or disclosure of PHI otherwise than as provided for by this Agreement within five (5) days of becoming aware of such use or disclosure. MedfoNet shall ensure that any agents, including subcontractors, to whom it provides PHI, agree in writing to the same restrictions and conditions that apply to MedfoNet with respect to PHI.

MedfoNet shall make PHI maintained by it or its agents or subcontractors in Designated Record Sets available to Customer for inspection and copying within five (5) days of Customer's request to enable Customer to fulfill its obligations under the Privacy Rule. MedfoNet and its agents and subcontractors shall make such PHI available for amendment and incorporate any such amendment to enable Customer to fulfill its obligations under the Privacy Rule. While this Agreement does not contemplate that MedfoNet will disclose PHI except to Customer, MedfoNet and its agents and subcontractors shall make available to Customer information required to provide an accounting of disclosures to enable Customer to fulfill its obligations under the Privacy Rule. At a minimum, such information shall include: (i) the date of disclosure; (ii) the name of the entity or person who received PHI and, if known, the address of the entity or person; (iii) a brief description of PHI disclosed; and (iv) a brief statement of purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual's authorization, or a copy of the written request for disclosure.

MedfoNet shall make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services (the "Secretary") for purposes of determining MedfoNet's compliance with the Privacy Rule, and shall provide a copy to Customer of any information disclosed to the Secretary.

During the term of this Agreement, MedfoNet shall notify Customer within twenty-four hours of any intrusion, security breach, or unauthorized use or disclosure of PHI of which it becomes aware. Upon termination of this Agreement for any reason, MedfoNet shall, at the option of MedfoNet, return or destroy all PHI that MedfoNet or its agents or subcontractors still maintain in any form, and shall retain no copies of such PHI. If return or destruction is not feasible, as determined by Customer, MedfoNet shall continue to extend the protections of this Agreement to such information, maintaining such records for at least six years, and limit further use of such PHI to those purposes that make the return or destruction of such PHI not feasible.

Monitoring, Editing and Disclosure of Communications

You agree that Medfonet.com has the right, but not the obligation, to monitor Communications posted by you or others at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Medfonet.com may establish from time to time. Notwithstanding this right of Medfonet.com, Medfonet.com does not and cannot review all Communications, and Medfonet.com is not responsible for any Communications. Medfonet.com reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication as may be necessary to comply with any law, regulation or government or agency request or if, in Medfonet.com's sole discretion, such Communication is objectionable or in violation of these terms and conditions of use.

Medfonet.com's Rights to Materials Provided by Users

Medfonet.com welcomes your comments regarding the Site. We invite your comments, feedback, and suggestions at feedback@MedfoNet.com.

However, any or all material and information provided by you to the Site may be included in a database owned by Medfonet.com and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.

You grant to Medfonet.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any communications that you post on or through the Site, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Medfonet.com of any material or idea submitted by you in any communications, or receive any compensation for such use. You waive all rights to any claim against Medfonet.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that Medfonet.com is under no obligations to use any material or ideas submitted by you in any communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Medfonet.com or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Medfonet.com or any Medfonet.com affiliate or subsidiary other than pursuant to these terms and conditions of use. Medfonet.com shall not be responsible for the payment of any monies to any party in connection with Medfonet.com's use of Communications submitted by you to the Site.

Indemnification

You shall indemnify, defend and hold harmless Medfonet.com, and all its officers, directors, owners, agents, employees, Site Material providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site, including but not limited to, any Communications attributable to you. Medfonet.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Medfonet.com.

Links to Other Web Sites

The Site may contain links and pointers to the other World Wide Web Internet sites and resources (the "Linked Sites"). Unless otherwise noted on the Site, links to and from any Linked Site do not constitute an endorsement by or association with Medfonet.com or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Medfonet.com or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, tradename, logo or copyright symbol of Medfonet.com or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Medfonet.com does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.

Passwords and security

To use certain features of the Medfonet.com web site, you may need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Medfonet.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Disclaimer of Warranties and Damages; Limitation of Liability

The site, including all content, services, functions, materials and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Medfonet.com does not warrant that the site and services will be uninterrupted or error free, that defects will be corrected, are free of viruses or other harmful components; nor does medfonet.com warrant or represent the accuracy or reliability of the site, the content thereof, the materials used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. Medfonet.com and its subsidiaries and affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to medfonet.com's negligence. If you are dissatisfied with the site or any materials on the site, your sole remedy is to discontinue using the site. Certain content may be considered objectionable or inappropriate by individual users and each user must exercise his or her discretion in using and allowing minors or others to use the site. Under no circumstances shall medfonet.com, its subsidiaries, affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorized representative thereof have been advised of the possibility of such damages.

Non-United States Residents

Medfonet.com makes no representation that the Site is appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in San Francisco county in the State of California and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import. Any provision of these terms and conditions which is prohibited under applicable law is to that extent void.

Contact Us

If you have any questions regarding these terms and conditions or the Site in general, please contact us at:

MedfoNet, Inc.
333 Gellert Blvd.
Suite 226
Daly City, CA 94015

650.756.4592

legal@MedfoNet.com