Terms Of Service
PLEASE READ IT CAREFULLY
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This Terms of Service Agreement ("Agreement") by and between us("we", "us", "our" and Customer ("you" or "your") governs your use of the REMOTEASSISTANCE.9K.COM web site ("Site") together with all information, content, products, materials and services made available to you by us and/or third parties (which together with the Site shall be collectively referred to as the "Services").
By using or otherwise accessing the Service, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement.
If you do not agree to this Agreement, do not access or use the Service in any manner.
2. DESCRIPTION OF SERVICE
The Service includes remote assistance with the following:
· Unlimited network and PC support
· Virus and spyware removal
· PC tune-ups
· Software and e-mail set-up and troubleshooting
· Printer help
· MP3 troubleshooting
· Data backup to external drive
This Service does not include the provision of any software or hardware, and does not include the provision of any inhome services. In addition, our agents cannot remotely access gaming systems or smartphones, and thus services which would require direct access to gaming systems or smartphones are not included in the Service. Data recovery, training on Customer’s products, and website design also are not included in the Service.
The Service may cover up to 3 computers in one location. On-site support services and training services are not included in the Service, but are available at our standard service rates.
Customer pre-requisites: The Service requires:
· A high-speed Internet connection
· Up-to-date antivirus software installed on all PCs that are covered by the Service
3. PAYMENT
If Customer would like to continue the Service after expiration of the initial Service period, Customer agrees to pay the Service fees (including any applicable taxes) for any extension of the Service at the rates in effect at the time of extension. Unless stated in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
If Customer signs up for automatic renewal, his or her subscription will renew automatically at the end of each respective applicable period -- on a month-to-month basis if Customer originally signed up for a one-month term, and on an annual basis if Customer originally signed up for a term plan, unless we terminate the subscription or Customer notifies us of his or her decision to terminate the subscription.
For month-to-month renewal plans, we will send prior notice of renewal at least two weeks before the initial renewal, but will not send such notice thereafter; rather, we will thereafter charge Customer’s card each month in advance and send Customer a monthly receipt thereafter.
For annual renewal plans, we will notify Customer of the pending subscription renewal at least 30 days prior to the date the subscription is scheduled to renew, except as otherwise required by law, and will charge Customer’s the annual fee as of the renewal date (i.e., the annual renewal plan is charged on a lump-sum basis, not a monthly basis). We will bill all charges automatically to Customer’s credit card at the beginning of every renewal period, at the rates then in effect, unless Customer notifies us otherwise. Customer must cancel his or her subscription before it renews in order to avoid billing of subscription fees for the renewal term to his or her credit card.
4. INFORMATION AND PASSWORDS
You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services including, without limitation, your name or your company's name, member number, address, telephone number(s), e-mail address, and/or applicable payment data for orders placed for goods and services via the Services (e.g., credit card number, e-mail address, and expiration date) (collectively, your "Information"). You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable.
Certain features and functions of the Services are not generally available to the public. In order to access and use such features and functions, we may require you to enter a unique userID and password. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your userID, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.
You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
5. MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
RACS may change the terms and conditions of the Service from time to time. Upon any change in the terms and conditions of the Agreement, RACS will notify you by posting the changes to the site from which you purchased the Services. RACS reserves the right to modify or discontinue the Service with or without notice to Customer. We shall not be liable to Customer or any third party should we exercise its right to modify or discontinue the Service. Customer’s continued use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
6. PRIVACY POLICY
It is our policy to respect the privacy of its Customers.
For information on our privacy practices, please review our privacy policy at http://www.remoteassistance.9k.com/rich_text_4.html
7. CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to our servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from us and/or its third party service provider, neither us nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
8. LIMITATIONS TO SERVICE
We shall not be liable for any failure or delay in performance due to any cause beyond its control. Us and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by us.
9. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless us (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by us by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due us or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
10. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RACS EXPRESSLY DISCLAIMS 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. RACS MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RACS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM RACS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER.
11. LIMITATION OF LIABILITY
RACS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF RACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and we shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. We shall not be liable in any way for damages arising from any part, equipment, peripheral, software or other product supplied to Customer by us . Notwithstanding any language to the contrary, our maximum liability to Customer arising from or related to us under this Agreement shall be limited to the sums paid by Customer to us under this Agreement during the three months prior to the time the cause of action arose.
12. ACCESS TO AND USE OF THE SERVICES
You may not use or allow others to use, your IDs and/or the Services, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Services, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You also may not use, nor allow others to use, your IDs, the Services, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Services or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Services, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Services.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Services or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
13. GOVERNING LAW AND INTERPRETATION
This Agreement and your use of the Services, will be interpreted under and governed by the substantive laws of the State of New Jersey, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with us or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in Palm Beach County, Florida. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA"). This Agreement may not be modified by anyone except in writing signed by an authorized officer of us. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
Customer and us agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Last Revised-October 11, 2013