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.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though Winsurf Technology 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 Winsurf Technology’S "fair use" policy. Under this policy, if at any time, in Winsurf Technology’S 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; Winsurf Technology reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Winsurf Technology reserves the right to suspend or terminate any Subscription Services of any Subscriber that Winsurf Technology, in its sole discretion, determines are being used: (a) fraudulently, (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 Winsurf Technology; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
COMMUNICATIONS SERVICES Winsurf Technology 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 Winsurf Technology’S 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 Winsurf Technology PORTAL, MATERIALS AND SOFTWARE As permitted through a Service, you may use Materials and Software posted on the Winsurf Technology 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 Winsurf Technology Portal, Services, Materials or Software, other than as explicitly permitted by Winsurf Technology is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Winsurf Technology and its suppliers. Reverse engineering and de compilation of the Software is strictly prohibited. USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
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 Winsurf Technology support personnel.
Software/Data Backup: You understand and agree that Winsurf Technology shall under no circumstance be responsible for any lost or corrupted software or data. Winsurf Technology 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 Winsurf Technology immediately of any unauthorized use of your account or any other breach of security. Winsurf Technology 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 Winsurf Technology 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 Winsurf Technology’S 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 Winsurf Technology’S ability to schedule a support session. You hereby release Winsurf Technology from any and all liability, and agree that Winsurf Technology shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Winsurf Technology 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 Winsurf Technology technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Winsurf Technology PORTAL, OR THROUGH A SERVICE For your convenience, Winsurf Technology 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
- the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or
- 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 Winsurf Technology 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 Winsurf Technology 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 Winsurf Technology SOFTWARE With regard to any Software made available to you by Winsurf Technology through the Winsurf Technology Portal for which your acceptance of a separate license agreement is not required ("Winsurf Technology Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Winsurf Technology to use the Winsurf Technology 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 Winsurf Technology Software. You agree that the Winsurf Technology Software is the confidential and proprietary information of Winsurf Technology 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 Winsurf Technology Software, or otherwise reduce the Winsurf Technology 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 Winsurf Technology 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 Winsurf Technology Software. You acknowledge that this license is not a sale of intellectual property and that Winsurf Technology 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 Winsurf Technology Software and related documentation, as well as any corrections, updates and upgrades. The Winsurf Technology Software may be used only in the country of residence at the time of acceptance of these terms for use of the Winsurf Technology Software. Export of the Winsurf Technology Software is strictly prohibited.
THIRD PARTY PRODUCTS As part of the Services, Winsurf Technology 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 Winsurf Technology assists you in the acquisition, installation, and/or use of Third Party Software. Winsurf Technology 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 Winsurf Technology Software shall remain in full force and effect unless and until terminated by Winsurf Technology, 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 Winsurf Technology Software and immediately delete the Winsurf Technology 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, Winsurf Technology 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 Winsurf Technology may elect to make available from time to time. Violation of such third party provider's terms of service may, in Winsurf Technology’S sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY Winsurf Technology 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 Winsurf Technology TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Winsurf Technology 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 Winsurf Technology 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. Winsurf Technology 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. Winsurf Technology 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 Winsurf Technology 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 Winsurf Technology be liable to you in excess of the amounts actually paid by you to Winsurf Technology 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 TERMINATION Winsurf Technology at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Winsurf Technology:
- you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
- your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Winsurf Technology’S network, or the use and enjoyment of Winsurf Technology’S other users;
- Winsurf Technology receives an order from a court to terminate the Service you are availing;
- if Winsurf Technology for any reason ceases to offer the Service;
- if you are no longer a Winsurf Technology customer, or
- Winsurf Technology determines that you are abusing the Service. Winsurf Technology, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
SEVERABILITY WAIVER If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Winsurf Technology’S failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
NO OFFER The Winsurf Technology Portal is available internationally and may contain references to Winsurf Technology products, services, and programs that are not available in a viewer's country. These references do not imply that Winsurf Technology intends to make such products, services, or programs available in such country.
MODIFICATION Winsurf Technology reserves the right to amend the Terms and Condition, and the Winsurf Technology Portal at any time by
- (a) posting a revised version of the Terms and Conditions on the Winsurf Technology Portal (https://www.winsurftechnology.com), or by
- (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Winsurf Technology in connection with registration. You are responsible for regularly reviewing the Winsurf Technology website to be notified of any amendments to the Terms and Conditions.
LAW FORUM This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.