1. Access. NetServ has the right, but not the duty, to terminate or suspend Your access to the Website, without notice, for any conduct that NetServ, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider or NetServ. NetServ makes no representation that the information contained in the Website is appropriate or available for use throughout the world. It is forbidden to access the Website from territories where the legislation provides that the content or use of the Website is illegal. You choose to use the Website, and it is Your responsibility to ensure that You conform to all applicable local laws.
2. Copyright. NetServ, its suppliers or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the Website. To the extent that NetServ has the right to do so without compensation to third parties, and except for material specifically provided under other terms, NetServ does not grant You permission to copy any materials on the Website for Your commercial use. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without NetServ’s permission, “mirror” any material contained on the Website or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, patent, copyright, mask work protection right or any other intellectual property right of NetServ or any third party.
3. Trademarks. NetServ and the NetServ logo are trademarks or service marks, registered or not, of NetServ. Nothing in the Website may be interpreted so as to grant to You, directly or indirectly, the use of a trademark or service mark reproduced on the Website, whether belonging to NetServ or third party suppliers, without the written permission of NetServ. All other trademarks are the property of their respective owners.
4. Communications and Information Provided to NetServ.
4.2. Information provided by you via the Website, including written or oral communications or other electronic means, may be recorded for quality assurance, diagnostic and training purposes. By submitting information using the Website, you consent to such recordation and usage as described in Section 4.1, above.
5. Links. THE LINKS ON THE WEBSITE MAY LET YOU LEAVE NETSERV’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NETSERV AND NETSERV IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NETSERV IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NETSERV IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NETSERV OF THE SITE.
6. Product Availability. The availability of the NetServ products described on the Website, and the product descriptions, may vary from state to state. You should consult NetServ for availability of specific products and services in Your area.
7. Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded or otherwise exported in violation of United States law or any other local law from where You may be accessing the Website. You agree to comply with all United States and foreign Federal, State and local laws and regulations applicable to the use of the Website.
8. Limitation of Liability. NETSERV, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR ANY MATERIAL ON THE WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF NETSERV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ALL OR PART OF THIS LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE FOR ANY REASON, THEN NETSERV’S MAXIMUM AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITY THAT WOULD OTHERWISE HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
9. Assignment. The TOU may not be assigned or transferred by You without the prior written consent of NetServ. NetServ may assign the TOU to any affiliate or third party in part or in whole.
10.1. Any controversy or claim arising out of or in connection with the TOU, its enforcement or interpretation, will be finally resolved solely in accordance with the terms of this Section 10. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT AND/OR THE USE OF THE WEBSITE.
10.2. Any claim, dispute or controversy (collectively a “Claim”) arising out of or relating to the TOU, including without limitation the formation, interpretation, breach or termination hereof, or any issue regarding whether a Claim is subject to arbitration hereunder, that cannot be settled by good faith negotiation between the parties within a reasonable period of time, will be conclusively determined by the state of California, Orange county. In addition and notwithstanding the foregoing, NetServ shall be entitled to take any necessary legal action, including without limitation seeking immediate injunctive relief from a court of competent jurisdiction, in order to protect NetServ’s intellectual property and its confidential or proprietary information (including but not limited to trade secrets).
10.3. Actions on Claims between the parties with respect to the TOU must be brought in accordance with this Section 10 within 60 days after the cause of action arises.
10.4. Governing Law. The TOU are governed by California law, excluding choice of law principles and the United Nations Convention on Contracts for the International Sale of Goods. If any provision of the TOU is determined to be unenforceable or invalid, the TOU will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. The failure to assert any rights under the TOU, including, but not limited to, the right to terminate in the event of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of the TOU in accordance with their terms.
11. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
12. INTELLECTUAL PROPERTY
12.1. For the purpose of this section, the term “NetServ Intellectual Property” shall include but is not limited to any and all tangible and intangible: (i) rights associated with works of authorship throughout the world, including but not limited to copyrights, neighboring rights, moral rights, and mask works, and all derivative works thereof, (ii) trademark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs, algorithms and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing), including software or programming delivered hereunder. Any software distributed by NetServ which is licensed under the GNU General Public License (GPL) is specifically excluded from this definition.
12.2. All NetServ Intellectual Property is solely for use as provided by NetServ, and may not be used as a replication master or otherwise copied without the written consent of NetServ. NetServ Intellectual Property furnished by NetServ are the proprietary property of NetServ, and no right or interest is granted, except as described in the individual Terms of Service and License Agreement for customers.
14.1. WHILE NETSERV ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NETSERV MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED “AS IS” AND NETSERV DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NETSERV SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE.
14.2. NETSERV MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
14.3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE 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 OR SOFTWARE.
TERMS AND CONDITIONS SUPPORT SERVICES
THESE “TERMS AND CONDITIONS” ARE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCEPT SUPPORT SERVICES FROM NETSERV, A COMPANY OF INTEGRATED SERVICE SOLUTIONS INC.,
BY PROCEEDING TO USE THE SUPPORT SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE TERMS AND CONDITIONS, AND ARE AGREEING TO BE BOUND BY THEM WITHOUT MODIFICATION AND UNDERSTAND THAT THESE TERMS AND CONDITIONS SHALL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND NetServ . IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS WITHOUT MODIFICATION, PLEASE DO NOT PROCEED.
SERVICE DESCRIPTION AND SCOPE OF SUPPORT
NetServ, technical support services for businesses are intended to address software and computer related issues including: (a) evaluation of and attempts to correct software, operating systems and networking issues; (b) configuration troubleshooting; (c) virus/spyware troubleshooting; and (d) troubleshooting of software and peripherals support for network, video, memory, hard drives, CD/DVD reader/writers, printers, scanners and networking equipment. (e) VoIP and Internet related issues.
NetServ technicians may use electronic and software tools they deem necessary to repair your computer, router, server, VoIP such as remote services to access your computer. NetServ Support may install software on your computer that allows you to connect to the support technician and may also be used to obtain additional technology services. For software installations, NetServ t technicians may accept End User License Agreements on your behalf.
NetServ technical support services are for problem-specific troubleshooting and problem resolution and do not support all software, hardware or Internet-related products, applications or features and reserves the right to defer support issues to your equipment , software vendor, internet provider or VoIP provider.
Use of NetServ technical services does not constitute a license to use the software, applications or equipment being supported, or an upgrade thereto. You are responsible for obtaining any necessary licenses to use your software and applications (irrespective of whether a support technician accepts an End-User License Agreement on your behalf).
A NetServ technician must receive full access to the product(s) to be serviced. NetServ may refrain from providing any services on the basis that the minimum system requirements are not met or the technical needs or other requirements are unusual or extensive as reasonably determined by NetServ. In some cases, NetServ technicians may not be able to diagnose or resolve a problem because of complications relating to your computer or its configuration. NetServ reserves the right to refuse to troubleshoot software not on its list of supported products. All NetServ services are offered as “best efforts” services and without warranty except as specifically set forth in this Agreement. You understand and agree that technical problems may be the result of software or hardware errors not yet resolved by the product manufacturer, and that NetServ technicians may not have the ability to obtain the information necessary to resolve a specific technical problem.
NETSERV TECHNICIANS OR WEBSITE MAY DIRECT YOU TO THIRD-PARTY SOFTWARE OR HARDWARE VENDORS, WEBSITES, OR OTHER RESOURCES OF POTENTIAL INTEREST. NETSERV DOES NOT ENDORSE OR CONTROL SUCH THIRD PARTY RESOURCES AND CANNOT VERIFY THE ACCURACY AND QUALITY OF THE INFORMATION AND PRODUCTS PROVIDED BY SUCH THIRD PARTIES. NETSERV MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.
In order to receive NetServ technical support services, you must have:
(a) full access (including any required licenses) to the hardware and/or software that is related to the software or hardware problem; and
(b) completed a back-up of any data, software, information or other files stored on your computer disks and/or drives that may be impacted.
NETSERV IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR ALTERATION OF DATA, SOFTWARE OR FILES THAT MAY RESULT FROM NETSERV TECHNICAL SERVICES OR THE ACTS OF NETSERV TECHNICIANS. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL RESTORATION AND RECONSTRUCTION OF LOST OR ALTERED FILES, DATA, OR PROGRAMS.
You are responsible for ensuring that any information or data disclosed to NetServ technicians is not confidential or proprietary to you or any third party.
You hereby grant NetServ and its support technicians permission to view, access and modify your computer, computer (including registry) settings and any related software or peripheral equipment, including all data, hardware and software components, in order to perform technical support services. You acknowledge and agree that you are the owner or authorized user or representative of any hardware or software or technology service about which you are contacting NetServ for technical services.
You agree to cooperate with and follow instructions provided by NetServ technicians and acknowledge that such cooperation by you is essential to NetServ delivery of technical support services to you.
NETSERV TECHNICAL SUPPORT SERVICES CAN BE PURCHASED EITHER: (A) FOR AN UNLIMITED NUMBER OF PROBLEMS FOR A TERM BEGINNING ON THE DATE YOU ORDER THE SUPPORT AND CONTINUING FOR THE DURATION OF THE PLAN YOU SELECTED (“TERM PLAN”); OR (B) ON A PER-PROBLEM BASIS (THE “PER-PROBLEM PLAN”). WITH RESPECT TO THE PER-PROBLEM PLAN, NETSERV TECHNICIANS, IN THEIR SOLE DISCRETION WILL DETERMINE WHAT CONSTITUTES A PROBLEM. NETSERV TECHNICIANS WILL ADDRESS A PROBLEM WHICH MAY INCLUDE, FOLLOW-UP TELEPHONE CALLS REGARDING THE PROBLEM THAT NETSERV, IN ITS SOLE DISCRETION, DEEMS REASONABLE AND NECESSARY IN ATTEMPTING TO RESOLVE THE PROBLEM. ONCE THE PROBLEM HAS BEEN RESOLVED BY NETSERV TECHNICIANS, ANY FURTHER CALLS OR REQUESTS FOR ASSISTANCE WILL BE CONSIDERED A NEW PROBLEM AND ADDITIONAL FEES WILL APPLY. UNLESS ANY TERM PLAN OR RENEWAL TERM PLAN (AS DEFINED BELOW) IS TERMINATED EARLIER IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, AFTER THE EXPIRATION OF ANY TERM PLAN OR RENEWAL TERM PLAN, YOU AGREE THAT YOUR SUBSCRIPTION TO ANNUAL SUPPORT SERVICES SHALL BE AUTOMATICALLY EXTENDED FOR ANOTHER CONSECUTIVE TWELVE-MONTH PERIODS (“RENEWAL TERM PLAN”). YOU HEREBY AUTHORIZE INTEGRATED SERVICE SOLUTIONS INC., NETSERV TO DIRECTLY CHARGE YOUR CREDIT OR DEBIT CARD FOR SUCH MONTHLY RENEWAL TERM PLAN(S) AT THEN PUBLISHED MONTHLY RENEWAL RATES UNLESS YOU PROVIDE WRITTEN NOTICE TO NETSERV AT LEAST TEN (30) BUSINESS DAYS PRIOR TO THE EXPIRATION OF ANY THEN CURRENT TERM PLAN OR RENEWAL TERM PLAN THAT YOU ELECT NOT TO RENEW YOUR SUBSCRIPTION OR THEN CURRENT TERM PLAN OR RENEWAL TERM PLAN. YOU ALSO AGREE TO PROVIDE NETSERV WITH CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT AND WILL PROMPTLY NOTIFY NETSERV IF THERE IS ANY CHANGE IN YOUR BILLING ADDRESS AND, WHERE YOU HAVE PAID BY CREDIT CARD, YOU WILL PROMPTLY NOTIFY NETSERV IF THERE IS ANY CHANGE TO YOUR CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE OR IF YOUR CREDIT CARD HAS BEEN CANCELLED.
IF YOU PURCHASE NETSERV TECHNICAL SUPPORT SERVICES UNDER A TERM PLAN AND YOUR SERVICES ARE TERMINATED BY YOU (OR BY NETSERV IF YOU BREACH THIS AGREEMENT) BEFORE COMPLETING YOUR TERM, THEN, UPON TERMINATION OF YOUR SERVICES, YOU AGREE THAT YOU WILL NOT RECEIVE A REFUND FOR THE NUMBER OF MONTHS REMAINING IN YOUR TERM
A Problem will be considered resolved when you receive one of the following: (a) information or advice that resolves the Problem; (b) information on how to obtain a software solution that will resolve the Problem; (c) notice that the Problem is caused by a known, unresolved issue or an incompatibility issue; (d) information that the Problem can be resolved by upgrading to a newer release of a product; (e) notice that the Problem has been identified as a hardware equipment issue; or if (f) you cannot, or elect not to, pursue the course of action we recommend.
Our advice to you may include steps that you will need to take before the Problem can be resolved, such as buying cables or cords, acquiring software, etc. and we will keep your service request open for 72 hours for future reference when you are ready to resume the process. If we do not hear back from you within 72 hours, we will consider the problem fixed and the service order completed.
REPRESENTATIONS AND WARRANTIES
(A) LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NETSERV AGGREGATE TOTAL LIABILITY TO YOU FOR DAMAGES RELATED TO YOUR USE OR NETSERV PROVISION OF ITS TECHNICAL SUPPORT SERVICES IS LIMITED TO THE TOTAL AMOUNT OF MONEY THAT YOU PAY FOR SUCH SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, WILL INTEGRATED SERVICE SOLUTIONS INC., NETSERV, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER MONEY DAMAGES THAT RELATE TO OR ARISE OUT OF YOUR USE OF THE SUPPORT SERVICES OR THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF OR DAMAGE TO DATA, DELETION OF FILES OR ELECTRONIC MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER DAMAGING CODE, PERMANENT OR TEMPORARY LOSS OF USE OF EQUIPMENT OR FACILITIES, INTERRUPTION OF BUSINESS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT NETSERV TECHNICIANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
(B) DISCLAIMER OF WARRANTIES: NETSERV CANNOT GUARANTEE THAT THE PROVISION OF TECHNICAL SUPPORT SERVICES WILL RESOLVE YOUR ISSUES OR PROBLEMS. NETSERV WARRANTS THAT IT WILL MAKE REASONABLE EFFORTS TO PERFORM TECHNICAL SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, NETSERV EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND ARISING FROM OR RELATING TO NETSERV SUPPORT SERVICES, THESE TERMS AND CONDITIONS, ANY RECOMMENDATION OF NETSERV TECHNICIANS, OR ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL OBTAINED, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NETSERV MAKES NO WARRANTY THAT (I) THE INFORMATION OBTAINED VIA REMOTE SUPPORT SERVICES WILL BE ACCURATE OR RELIABLE; OR (II) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NETSERV WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USING NETSERV SUPPORT SERVICES.
(C) 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 MAY NOT APPLY TO YOU. IN ANY EVENT, THE FOREGOING LIMITATIONS OF THE ABOVE PARAGRAPH SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW.
These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter discussed herein and supersede any and all previous oral or written representations, communications, understandings or agreements with respect to such subject matter. These Terms and Conditions shall inure to the benefit of NetServ and its respective successors and assigns. No Waiver of any portion of these Terms and Conditions shall be implied by any course of dealing between you and NetServ. These Terms and Conditions will be construed without regard to the party responsible for its preparation If any provision of these Terms and Conditions is held to be inconsistent with any law, rule or regulation, such provision shall be deemed rescinded or modified in accordance with such law, rule or regulation, and the remainder of these Terms and Conditions shall not be affected. The laws of the State of California (excluding the law thereof which requires the application of or reference to the law of any other jurisdiction), will govern these Terms and Conditions and any interpretation, construction, enforcement and disputes of any sort that might arise between you Integrated Service Solutions Inc., NetServ and/or its affiliates or contractors. Any action or proceeding brought to enforce any right, assert any claim, or obtain relief whatsoever in connection with or relating to these Terms and Conditions or your use of NetServ support services, shall be brought exclusively in the Federal and State Courts of the county of Orange, in the State of California , and you consent and submit to the jurisdiction of such courts. All provisions in these Terms and Conditions regarding disclaimers and limitations on liability shall survive any termination of these Terms and Conditions. The headings hereto are descriptive only and not to be used in interpreting the provisions of these Terms and Conditions.