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Terms and
Conditions
THESE
TERMS AND CONDITIONS ("TERMS AND CONDITIONS")
STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE
OF Internet Solutions COMPUTER SUPPORT SERVICE
AND YOUR RELATIONSHIP WITH Internet Solutions.
YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION AND INSTRUCTIONS
PERTAINING TO YOUR AND OUR RIGHTS AND
OBLIGATIONS FOR THE Internet Solutions.
"AGREEMENT" THESE TERMS AND
CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN
ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE
POLICY ("AUP") AND THE PRIVACY POLICY, STATE THE
ENTIRE AGREEMENT BETWEEN YOU AND Internet
Solutions (THE "AGREEMENT"). You must agree to
the Terms and Conditions in order to be eligible
to use the Internet Solutions Portal (defined
below), or obtain Services (defined below). If
you choose not to submit a Plan Order, then the
entire "Agreement" between you and Internet
Solutions consists of these Terms and
Conditions, and the AUP and the Privacy Policy.
DEFINITIONS Certain terms defined in
these Terms and Conditions are also used in the
Privacy Policy and AUP and are incorporated by
reference to these Terms and Conditions.
"YOU" "You" means you individually,
any person, including any employer that you are
acting on behalf of.
"Internet
Solutions" "Internet Solutions" is the
service mark of isny.com. All references to
Internet Solutions refer to isny.com.
"SERVICES" AND "Internet Solutions
PORTAL" All references to "Services" refer to
any Internet Solutions plan that you enter into
with Internet Solutions through use of the
Internet Solutions web portal located at
www.isny.com (the "Internet
Solutions Portal"). These Terms and Conditions
govern all plans available through the Internet
Solutions Portal, and any use of the Internet
Solutions Portal. In the event of any conflict
these Terms and Conditions control any Plan
Order form that you submit requesting Services
("Plan Order").
"MATERIALS" "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 Internet Solutions Portal said materials are
the proprietary and copyrighted work of Internet
Solutions and/or its suppliers. The definition
of "Materials" does not include the design or
layout of the Internet Solutions.com Web site or
any other Internet Solutions owned, operated,
licensed or controlled site.
"SOFTWARE" "Software" means a computer
program of any kind, whether owned by Internet
Solutions or 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.
SUBMISSION OF PLAN ORDERS; SERVICE
PLANS You may order Services by submitting
Plan Orders through the Internet Solutions
Portal. Once Internet Solutions accepts the Plan
Order submitted by you, then you will receive an
email from Internet Solutions at the email
address that you provide or have provided to
Internet Solutions as part of the Registration
Process for the Services. Internet Solutions is
not responsible for rendering Services in
connection with any Plan Order that it has not
accepted. Upon acceptance by Internet Solutions
of a Plan Order, you will have a Service Plan.
UNDERTAKING Subject to the Terms and
Conditions, and the specifics of each Service
Plan, Internet Solutions will address your query
using commercially reasonable efforts in
providing appropriate solutions under the
Services. In most cases, Internet Solutions will
attempt problem diagnosis and a solution over
the telephone, through chat or email. All
undertakings under Service Plans are subject to
Internet Solutions Limited Warranty, which is
set forth below. For more information, (631)
355-4930.
PAYMENT Services against any Plan
Order will be available once you have made
payment for Services according to the
requirements of the corresponding Plan Order.
Internet Solutions has no obligation to render
Services under any Service Plan if the payments
as required under any Plan Order have not been
so made.
CANCELLATION POLICY
If for
any reason you are not wholly satisfied with the
service, we will make every effort to resolve
the issue. If you are still not satisfied with
the same, we offer a money back policy as
follows:
Half
Yearly and Yearly Packages: If you
wish to cancel any of the services mentioned
above, you can email or chat with us to
unsubscribe. However we will NOT issue a full
refund once you cancel. For you to understand
our Money Back policy, here is an
example: Suppose you opt for our
yearly package and say it costs $300, if you
cancel the services after 3 months, you will be
refunded $225. Because at $300 per year, you are
paying $25 per month. For three months of
service we charge you $75 and the balance will
be refunded. Additionally there will be a
cancellation fee of $25 on cancellations within
2 months from the date of purchase.
The same applies for Half Yearly packages and
quarterly packages.
If you
wish to cancel a Subscription service (Yearly,
Half yearly and Quarterly service) immediately
after purchasing it, the refund policy is as
follows:
You will
receive a full refund if the initial issue for
which you contacted Internet Solutions is not
resolved
If the
initial issue was resolved, we will deduct
$34.99 for the initial issue and set up fees,
there will be an early cancellation fee of $25.
So the total deduction will be $59.99
PRIVACY
POLICY The Internet Solutions Privacy Policy
which is an integral part of these Terms and
Conditions, is incorporated here by reference.
If you have not yet reviewed the Internet
Solutions Privacy Policy, then please do so
prior to agreeing to these Terms and Conditions.
You agree that beyond the Personal Information
identified in the Privacy Policy, any
information or data disclosed or sent to
Internet Solutions over the telephone,
electronically or otherwise, is not confidential
or proprietary to you.
ACCEPTABLE USE POLICY (AUP) The
Internet Solutions Acceptable Use Policy is an
integral part of these Terms and Conditions and
is incorporated here by reference. If you have
not yet reviewed the Internet Solutions AUP,
then please do so prior to agreeing to these
Terms and Conditions. You agree that your use of
the Internet Solutions Portal, the Services,
and/or any Materials will conform to and be
governed by the AUP specifically, as well as
these Terms and Conditions and the Privacy
Policy generally.
GUESTS:
LIMITED LICENSE TO USE OF Internet Solutions
PORTAL Services against any Plan Order will
be available once you have made payment for
Services according to the requirements of the
corresponding Plan Order. Internet Solutions has
no obligation to render Services under any
Service Plan if the payments as required under
any Plan Order have not been so made. As a
Guest you may use the Internet Solutions Portal
and Materials (defined below) specifically
designated as available to guests on the
Internet Solutions Portal for the limited
purposes of (a) deciding whether to subscribe to
the Services provided by Internet Solutions, (b)
registering with Internet Solutions and
submitting Plan Orders only. The foregoing
license grant is a non-exclusive revocable
license.
COMMUNICATIONS SERVICES Internet
Solutions 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 Internet Solutions 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 Internet Solutions PORTAL,
MATERIALS AND SOFTWARE As permitted through
a Service, you may use Materials and Software
(as defined below) posted on the Internet
Solutions 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
Internet Solutions Portal, Services, Materials
or Software, other than as explicitly permitted
by Internet Solutions is prohibited. Rights to
execute, copy, modify, display, transmit,
distribute, manufacture, use, sale are all
reserved to Internet Solutions and its
suppliers. Reverse engineering and decompilation
of the Software is strictly prohibited.
USER
RESPONSIBILITY In connection with obtaining
Services, you agree that you will: 1.
Cooperate with the Internet Solutions Engineer:
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 engineer.
Please listen carefully to the engineer and
follow the engineer's instructions. You must
confirm that the following conditions are true:
1.1 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; 1.2 You must have
knowledge regarding the hardware system, any
software involved, and in the facts and
circumstances surrounding the incident; 1.3
The full system, including software and
hardware, is available to you and accessible by
you without limit during any telephone
discussions or Remote technical support with
Internet Solutions support personnel.
2.
Software/Data Backup: You understand and agree
that Internet Solutions shall under no
circumstance be responsible for any lost or
corrupted software or data. Internet Solutions
strongly recommends that you at all times
maintain a complete data backup and disaster
recovery plan.
3.
Account, Password, and Security: You agree to
notify Internet Solutions immediately of any
unauthorized use of your computer or any other
breach of security. Internet Solutions will not
be liable for any loss that you may incur as a
result of someone else using your computer,
either with or without your knowledge. However,
you could be held liable for losses incurred by
Internet Solutions or another party due to
someone else using your computer.
AVAILABILITY OF SERVICES AND MATERIALS
UNDER FORCE MAJUERE CIRCUMSTANCES You hereby
acknowledge that circumstances outside of
Internet Solutions 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 Internet Solutions ability
to schedule a support session. You hereby
release Internet Solutions from any and all
liability, and agree that Internet Solutions
shall not be liable to you or any third party
for any direct or indirect damages whatsoever,
resulting from such delays. Internet Solutions
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: 1. any item
or activity not covered by the terms of a Plan
Order; 2. service beyond the duration
limitations identified in your Plan Order; 3.
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; 4.
Software, including the operating system and
software added to the registered hardware
products which are out of scope for the Service
Plan; 5. Problems that may and do result
from:
5.1
External causes such as accident, abuse, misuse,
or problems with electrical power; 5.2 Usage
that is not in accordance with product
instructions provided by manufacture; 5.3
Failure to follow the product instructions
provided by manufacturer or failure to perform
preventive maintenance; 5.4 Problems caused
by using accessories, parts, or components not
compatible with the product: or 5.5
Non-Compliance with the Internet Solutions
engineer instructions for resolving the query.
NOTICE
SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON
THE Internet Solutions PORTAL, OR THROUGH A
SERVICE For your convenience, Internet
Solutions may make available Materials or
Software (as each term is defined below) 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 Internet
Solutions Web site may be copied or
retransmitted unless expressly permitted by
Internet Solutions.
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)- GENERAL In
connection with our Service, we may provide to
you certain software which is owned by Internet
Solutions 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
Internet Solutions or a third party. Your use of
the Software is governed by the terms of both
that license agreement and 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
Internet Solutions SOFTWARE With regard to
any Software made available to you by Internet
Solutions through the Internet Solutions Portal
for which your acceptance of a separate license
agreement is not required ("Internet Solutions
Software"), you are hereby granted a revocable,
non-exclusive, non-transferable license by
Internet Solutions to use the Internet Solutions
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 Internet Solutions Software. You
agree that the Internet Solutions Software is
the confidential and proprietary information of
Internet Solutions 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 engineer, disassemble, attempt to
discover any source code or underlying ideas or
algorithms of the Internet Solutions Software,
or otherwise reduce the Internet Solutions
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 Internet Solutions 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 Internet Solutions Software. You
acknowledge that this license is not a sale of
intellectual property and that Internet
Solutions 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 Internet
Solutions Software and related documentation, as
well as any corrections, updates and upgrades.
THIRD
PARTY SOFTWARE As part of the Services,
Internet Solutions may suggest that you acquire,
install and use certain third party software
("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 or not Internet
Solutions directly assists you in the
acquisition, installation, and/or use of Third
Party Software. Internet Solutions has no 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 Internet Solutions Software shall
remain in full force and effect unless and until
terminated by Internet Solutions, 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 Internet Solutions Software and immediately
delete the Internet Solutions 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 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,
Internet Solutions 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 Internet Solutions may elect to make
available from time to time. Violation of such
third party provider's terms of service may, in
Internet Solutions sole discretion, result in
the termination of your customer account and use
of service.
LIMITED
SERVICE WARRANTY Internet Solutions 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 Internet
Solutions TO REPERFORM THE SERVICES SUBJECT TO
DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE
SOFTWARE.
Internet
Solutions PLANS COME WITH A 7- DAY, 30- DAY, 60-
DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE
WARRANTY AS PROVIDED IN ONLINE
DOCUMENTATION.
Internet
Solutions AND/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.
Internet Solutions AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS 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.
Internet Solutions 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 Internet Solutions AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, 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 Internet Solutions
be liable to you in excess of the amounts
actually paid by you to Internet Solutions 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 Internet Solutions at its sole
election may terminate or suspend your Service
immediately without notice if, in the sole
discretion of Internet Solutions:
(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,
Internet Solutions network, or the use and
enjoyment of Internet Solutions other users;
(c) Internet Solutions receives an order
from a court to terminate the Service you are
using ; (d) if Internet Solutions for any
reason ceases to offer the Service; (e) if
you are no longer a Internet Solutions customer,
or (f) Internet Solutions determines that
you are abusing the Service.
Internet
Solutions, 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. Internet
Solutions 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 Internet Solutions Portal is
available internationally and may contain
references to Internet Solutions products,
services, and programs that are not available in
a viewer's country. These references do not
imply that Internet Solutions intends to make
such products, services, or programs available
in such country.
MODIFICATION Internet Solutions
reserves the right to amend the Terms and
Condition, and the Internet Solutions Portal at
any time by (a) posting a revised version of the
Terms and Conditions on the Internet Solutions
Portal, or by (b) sending information regarding
any amendment to the Terms of Service to the
email address you provide to Internet Solutions
in connection with registration. You are
responsible for regularly reviewing the Internet
Solutions website to be notified of any
amendments to the Terms and Conditions. Your use
of the Internet Solutions Portal or the Services
after an amendment to the Terms and Conditions
shall be deemed acceptance by you of the amended
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 state of New York
without regard to conflicts of law principles
that would require the application of the laws
of any other jurisdiction.
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