PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though PCSERVICETODAY Today has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber’s use of the support services for the subscription based plans are subject to PCSERVICETODAY “fair use” policy. Under this policy, if at any time, in PCSERVICETODAY sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then PCSERVICETODAY reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, PCSERVICETODAY reserves the right to suspend or terminate any Subscription Services of any Subscriber that PCSERVICETODAY , in its sole discretion, determines are being used
(b) by any person other than Subscriber, or
(c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to PCSERVICETODAY ; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
COMMUNICATIONS SERVICES PCSERVICETODAY
may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with PCSERVICETODAY employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE PCSERVICETODAY PORTAL, MATERIALS AND SOFTWARE As
permitted through a Service, you may use Materials and Software posted on the PCSERVICETODAY Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the PCSERVICETODAY Portal, Services, Materials or Software, other than as explicitly permitted by PCSERVICETODAY Today is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to PCSERVICETODAY and its suppliers. Reverse engineering and de compilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will: Cooperate with the PCSERVICETODAY Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals; You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with PCSERVICETODAY support personnel.
You understand and agree that PCSERVICETODAY shall under no circumstance be responsible for any lost or corrupted software or data. PCSERVICETODAY strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify PCSERVICETODAY immediately of any unauthorized use of your account or any other breach of security. PCSERVICETODAY 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 PCSERVICETODAY 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.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of PCSERVICETODAY reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in PCSERVICETODAY ability to schedule a support session. You hereby release PCSERVICETODAY from any and all liability, and agree that PCSERVICETODAY shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following: any item or activity not covered by the terms of a Plan Order; service beyond the duration limitations identified in your Plan Order; problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan; Problems that may and do result from: External causes such as accident, abuse, misuse, or problems with electrical power; Usage that is not in accordance with product instructions provided by manufacture; Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or Problems caused by using accessories, parts, or components not compatible with the product. Non Compliance with the PCSERVICETODAY technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE PCSERVICETODAY PORTAL, OR THROUGH A SERVICE
For your convenience, PCSERVICETODAY may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of
(a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA)
– GENERALLY In connection with our Service, we may provide to you, the use of certain software which is owned by PCSERVICETODAY or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from PCSERVICETODAY or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR PCSERVICETODAY SOFTWARE
With regard to any Software made available to you by PCSERVICETODAY through the PCSERVICETODAY Portal for which your acceptance of a separate license agreement is not required (“PCSERVICETODAY Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by PCSERVICETODAY to use the PCSERVICETODAY Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the PCSERVICETODAY Software. You agree that the PCSERVICETODAY Software is the confidential and proprietary information of PCSERVICETODAY or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the PCSERVICETODAY Software, or otherwise reduce the PCSERVICETODAY Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the PCSERVICETODAY Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the PCSERVICETODAY Software. You acknowledge that this license is not a sale of intellectual property and that PCSERVICETODAY or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the PCSERVICETODAY Software and related documentation, as well as any corrections, updates and upgrades. The PCSERVICETODAY Software may be used only in the country of residence at the time of acceptance of these terms for use of the PCSERVICETODAY Software. Export of the PCSERVICETODAY Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, PCSERVICETODAY may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether PCSERVICETODAY assists you in the acquisition, installation, and/or use of Third Party Software. PCSERVICETODAY has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the PCSERVICETODAY Software shall remain in full force and effect unless and until terminated by PCSERVICETODAY , its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the PCSERVICETODAY Software and immediately delete the PCSERVICETODAY Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, PCSERVICETODAY may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to portal, technical support training, music, gaming and storage services that PCSERVICETODAY may elect to make available from time to time. Violation of such third party provider’s terms of service may, in PCSERVICETODAY sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
PCSERVICETODAY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW PCSERVICETODAY TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE PCSERVICETODAY SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT PCSERVICETODAY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS A`BOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. PCSERVICETODAY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PCSERVICETODAY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL PCSERVICETODAY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall PCSERVICETODAY be liable to you in excess of the amounts actually paid by you to PCSERVICETODAY under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND CONDITIONS
PCSERVICETODAY at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of PCSERVICETODAY :