Software, Materials, Services and other related information are collectively referred to as "Content."
"You" or "you"
"You" means you individually, any person, including any employer that you are acting on behalf of.
"E ONLINE SUPPORT"
Trademark "E ONLINE SUPPORT" is used by E ONLINE SUPPORT. Ã‚ under an authorization from E ONLINE SUPPORT. All references to E ONLINE SUPPORTrefer to E ONLINE SUPPORT.
"E ONLINE SUPPORT Certified Technician/(s)"
"E ONLINE SUPPORT Certified Technician means" technicians and specialists certified by E ONLINE SUPPORT to perform the Services under this Agreement.
"Subscription Based Plans"
"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by E ONLINE SUPPORT that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.
"Services" AND "E ONLINE SUPPORT Portal"
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the E ONLINE SUPPORTPortal are the proprietary and copyrighted work of E ONLINE SUPPORTand/or its suppliers. The definition of "Materials" does not include the design or layout of the E ONLINE SUPPORT.net web site or any other E ONLINE SUPPORTowned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by E ONLINE SUPPORTor a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both E ONLINE SUPPORTSoftware and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the E ONLINE SUPPORTPortal or by calling E ONLINE SUPPORT. Once E ONLINE SUPPORTaccepts the Plan Order submitted by you, then you will receive an email from E ONLINE SUPPORTat the email address that you provide or have provided to E ONLINE SUPPORTas part of the Registration Process for the Services.E ONLINE SUPPORTis not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by E ONLINE SUPPORTof a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan, E ONLINE SUPPORTwill address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, E ONLINE SUPPORTwill attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to E ONLINE SUPPORT’S Limited Warranty, which is set forth below. For more information, please refer to online documentation. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by E ONLINE SUPPORT on behalf of E ONLINE SUPPORT. E ONLINE SUPPORThas no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
You understand that certain Service Plans may have fee including, but not limited to "Service Fee" and/or "Activation Fee" payable either on an annual basis ("Annual Payment Plan") or on a monthly basis ("Recurring Payment Plan"). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years ("Term Plan"). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other E ONLINE SUPPORT services ("Bundle Discount"). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the E ONLINE SUPPORT services you were required to purchase to receive the special rate as notified to E ONLINE SUPPORT; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize E ONLINE SUPPORT to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize E ONLINE SUPPORT and/or any other company who bills products or services, or acts as billing agent for E ONLINE SUPPORT to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide E ONLINE SUPPORT with updated credit card information upon E ONLINE SUPPORT’S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither E ONLINE SUPPORT nor any E ONLINE SUPPORT affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at E ONLINE SUPPORT’S option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You ("Auto Renewal"). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan.
Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with E ONLINE SUPPORT.
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 E ONLINE SUPPORT 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 E ONLINE SUPPORT’S "fair use" policy. Under this policy, if at any time, in E ONLINE SUPPORT’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 E ONLINE SUPPORT reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, E ONLINE SUPPORT reserves the right to suspend or terminate any Subscription Services of any Subscriber that E ONLINE SUPPORT, 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 E ONLINE SUPPORT; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
E ONLINE SUPPORTmay 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 E ONLINE SUPPORT’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.
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
E ONLINE SUPPORT has no obligation to monitor the Communication Services. However, E ONLINE SUPPORT reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. E ONLINE SUPPORT reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
E ONLINE SUPPORT reserves the right at all times to disclose any information as E ONLINE SUPPORT deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in E ONLINE SUPPORT' s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the E ONLINE SUPPORT Portal, nor any Materials or Software posted therein.
GUESTS; LIMITED LICENSE TO USE OF E ONLINE SUPPORTPORTAL
If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the E ONLINE SUPPORTPortal by current E ONLINE SUPPORTcustomers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".
As a Guest you may use the E ONLINE SUPPORTPortal and Materials specifically designated as available to guests on the E ONLINE SUPPORTPortal for the limited purposes of (a) deciding whether to subscribe to the Services provided by E ONLINE SUPPORT, (b) registering with E ONLINE SUPPORTand submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE E ONLINE SUPPORT PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the E ONLINE SUPPORTPortal, 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 E ONLINE SUPPORTPortal, Services, Materials or Software, other than as explicitly permitted by E ONLINE SUPPORTis prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to E ONLINE SUPPORTand its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of E ONLINE SUPPORT’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 E ONLINE SUPPORT’S ability to schedule a support session. You hereby release E ONLINE SUPPORTfrom any and all liability, and agree that E ONLINE SUPPORTshall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
E ONLINE SUPPORTor 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:
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE E ONLINE SUPPORTPORTAL, OR THROUGH A SERVICE
For your convenience, E ONLINE SUPPORTmay 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.
No logo, graphic, sound or image from any E ONLINE SUPPORTWeb site may be copied or retransmitted unless expressly permitted by E ONLINE SUPPORT.
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 E ONLINE SUPPORTor 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 E ONLINE SUPPORT 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 E ONLINE SUPPORTSOFTWARE
With regard to any Software made available to you by E ONLINE SUPPORT through the E ONLINE SUPPORT Portal for which your acceptance of a separate license agreement is not required ("E ONLINE SUPPORTSoftware"), you are hereby granted a revocable, non-exclusive, non-transferable license by E ONLINE SUPPORTto use the E ONLINE SUPPORT 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 E ONLINE SUPPORT Software. You agree that the E ONLINE SUPPORT Software is the confidential and proprietary information of E ONLINE SUPPORTor 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 E ONLINE SUPPORT Software, or otherwise reduce the E ONLINE SUPPORTSoftware 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 E ONLINE SUPPORT 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 E ONLINE SUPPORTSoftware. You acknowledge that this license is not a sale of intellectual property and that E ONLINE SUPPORTor 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 E ONLINE SUPPORTSoftware and related documentation, as well as any corrections, updates and upgrades. The E ONLINE SUPPORT Software may be used only in the country of residence at the time of acceptance of these terms for use of the E ONLINE SUPPORT Software. Export of the E ONLINE SUPPORTSoftware is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, E ONLINE SUPPORT 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 E ONLINE SUPPORTassists you in the acquisition, installation, and/or use of Third Party Software. E ONLINE SUPPORThas 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 E ONLINE SUPPORT Software shall remain in full force and effect unless and until terminated by E ONLINE SUPPORT, 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 E ONLINE SUPPORT Software and immediately delete the E ONLINE SUPPORTSoftware 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, E ONLINE SUPPORT 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 technical support, portal, training, music, gaming and storage services that E ONLINE SUPPORT may elect to make available from time to time. Violation of such third party provider's terms of service may, in E ONLINE SUPPORT’S sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
E ONLINE SUPPORT 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 E ONLINE SUPPORTTO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE E ONLINE SUPPORTSERVICE 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
E ONLINE SUPPORTAND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT 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. E ONLINE SUPPORTAND/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. E ONLINE SUPPORTAND/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 E ONLINE SUPPORTAND/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 E ONLINE SUPPORT be liable to you in excess of the amounts actually paid by you to E ONLINE SUPPORT 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
E ONLINE SUPPORTat its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of E ONLINE SUPPORT: (a) 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; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, E ONLINE SUPPORT’S network, or the use and enjoyment of E ONLINE SUPPORT’S other users; (c) E ONLINE SUPPORTreceives an order from a court to terminate the Service you are availing ; (d) if E ONLINE SUPPORTfor any reason ceases to offer the Service; (e) if you are no longer a E ONLINE SUPPORTcustomer, or (f) E ONLINE SUPPORTdetermines that you are abusing the Service. E ONLINE SUPPORT, 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.
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. E ONLINE SUPPORT’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.
The E ONLINE SUPPORTPortal is available internationally and may contain references to E ONLINE SUPPORT products, services, and programs that are not available in a viewer's country. These references do not imply that E ONLINE SUPPORT intends to make such products, services, or programs available in such country.
E ONLINE SUPPORTreserves the right to amend the Terms and Condition, and the E ONLINE SUPPORTPortal at any time by (a) posting a revised version of the Terms and Conditions on the E ONLINE SUPPORT Portal (http://www.eonlinesupport.com/term.php), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to E ONLINE SUPPORT in connection with registration. You are responsible for regularly reviewing the E ONLINE SUPPORTwebsite to be notified of any amendments to the Terms and Conditions.
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 Delhi High Court, India without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.