Terms & Conditions
THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF COMPUTER SERVICES WEBSITE, COMPUTER SERVICES RE-SELLER PRODUCTS AND COMPUTER SERVICES COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH COMPUTER SERVICES. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE COMPUTER SERVICES SERVICE.
“AGREEMENT”
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND COMPUTER SERVICES (THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if the same has been acknowledged by Computer Services in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the obtained Services or Products (defined below).
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
“CONTENT”
Software, Product Information, 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.
“COMPUTER SERVICES”
Name “COMPUTER SERVICES” is used by Computer Services. All references to Computer Services refer to Computer Services.
“COMPUTER SERVICES CERTIFIED TECHNICIAN/(S)”
“Computer Services Certified Technician means” technicians and specialists certified by Computer Services to perform the Services under this Agreement.
“SUBSCRIPTION BASED PLANS”
“Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by Computer Services that are active for a specified period and will not include any incident based plans such as “Per Incident Plan” or the like.
“SERVICES”
All references to “Services” refer to any Computer Services service delivered through Computer Services, under the plan that you enter into with Computer Services through use of the Computer Services Website located at www.ComputerServicesTX.com or by calling the Computer Services phone number mentioned on the Computer Services Website or any advertising website or material. These Terms of Use govern all plans available through the Computer Services Website, and any use of the Computer Services Website. In the event of any conflict these Terms of Use control any valid 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 Computer Services website are the proprietary and copyrighted work of Computer Services and/or its suppliers. The definition of “Materials” does not include the design or layout of the ComputerServicesTX.com website or any other Computer Services owned, operated, licensed or controlled website.
“SOFTWARE”
“Software” means a computer program of any kind, whether owned by Computer Services or a third party, whether delivered via download, CD, other media, or other delivery methods, 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 Computer Services Software 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 Computer Services website or by calling Computer Services. Once Computer Services accepts the Plan Order submitted by you, then you will receive an email from Computer Services at the email address that you provide or have provided to Computer Services as part of the Registration Process for the Services. Computer Services is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Computer Services of a Plan Order, you will have a Service Plan.
UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each support service or selling a product(s), Computer Services will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Computer Services will 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 Computer Services’ Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at (512) 888-5566. 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.
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. All payments against the plan orders will be collected by Computer Services. Computer Services has 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 the 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 a plan may be 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 Computer Services services or products (“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 Computer Services services or software or product you were required to purchase to receive the special rate as notified to Computer Services; 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 Computer Services Inc 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 Computer Services and/or any other company who bills products or services or acts as billing agent for Computer Services 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 Computer Services with updated credit card information upon Computer Services’ request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Computer Services nor any Computer Services 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 Computer Services’ 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.
RENEWAL POLICY
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 shall be automatically renewed (for the same term as the original Plan) only after we send you an email 30 days before the expiry of your subscription term notifying you about the automatic renewal of your annual subscription with an option of opting out from the automatic renewal and only if you do not opt out. Your credit card, which was used in paying for the original Plan 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 Computer Services.
If you would like to opt out of the Auto Renewal, please call us at 512 888 5566 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at ;customerservice@ComputerServicesTX.com
REFUND POLICY
For subscription-based plans, a full refund will be issued if Computer Services has not been able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Computer Services may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criteria are met:
You have all the pre-requisites which were required to resolve the problem and Issue was not resolved until the time account was active.
The issue is out of scope for the particular plan
15 days have not passed after the issue was last worked upon by a Computer Services technician
All the refunds and charge-backs will be processed after deducting a fee of 40% towards administration charges.
PRIVACY POLICY
The Computer Services Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. If you have not yet reviewed the Computer Services 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 Computer Services over the telephone, electronically or otherwise, is not confidential or proprietary to you.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Computer Services website or any Services/Products, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, Products or Software in any manner that could damage, disable, overburden, or impair any Computer Services server, or the network(s) connected to any Computer Services server, or interfere with any other party’s use and enjoyment of any of the Computer Services Website, the Materials, Products, Software or Services. You may not attempt to gain unauthorized access to any Computer Services Website, the Materials, Software or Services, other accounts, computer systems or networks connected to any Computer Services server or to any of the Computer Services Website, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Computer Services Website, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though Computer Services has no limits on the number 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 Computer Services “fair use” policy. Under this policy, if at any time, in Computer Services 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 Computer Services reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, Computer Services reserves the right to suspend or terminate any Subscription Services of any Subscriber that Computer Services, 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. The user may terminate the Service at any time by giving written or electronic notice to Computer Services; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
COMMUNICATIONS SERVICES
Computer Services 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 Computer Services’ 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.
LINKING
You may not create hyperlinks to any portion of the Computer Services Website, nor any Materials or Software posted therein.
INDEMNITY
You agree to indemnify, defend, and hold Computer Services, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of Computer Services or any other third party. You will cooperate as fully as reasonably required in Computer Services’ defense of any claim. Computer Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of Computer Services. You agree immediately to notify Computer Services of any unauthorized use of your account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF COMPUTER SERVICES WEBSITE
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the Computer Services Website by current Computer Services customers 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 Computer Services Website and Materials specifically designated as available to guests on the Computer Services Website for the limited purposes of (a) deciding whether to subscribe to the Services provided by Computer Services, (b) registering with Computer Services and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE COMPUTER SERVICES WEBSITE, MATERIALS, AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the Computer Services Website, 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 Computer Services Website, Services, Materials, Listed Products or Software, other than as explicitly permitted by Computer Services is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Computer Services and its suppliers. Reverse engineering and decompilation of the Software are strictly prohibited.
USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:
Co-operate with the Computer Services Support Service Provider: 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 technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true: Software/Data Backup: You understand and agree that Computer Services shall under no circumstance be responsible for any lost or corrupted software or data. Computer Services strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
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 Computer Services support personnel.
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 username. 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 Computer Services immediately of any unauthorized use of your account or any other breach of security. Computer Services 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 Computer Services 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 MAJEURE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of Computer Services’ 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 Computer Services’ ability to schedule a support session. You hereby release Computer Services from any and all liability and agree that Computer Services shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
Computer Services 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 the manufacturer;
Failure to follow the product instructions provided by the manufacturer or failure to perform preventive maintenance; or
Problems caused by using accessories, parts, or components not compatible with the product.
Non Compliance with the Computer Services Support Service instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE COMPUTER SERVICES WEBSITE, OR THROUGH A SERVICE
For your convenience, Computer Services 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 the 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 Computer Services Website may be copied or retransmitted unless expressly permitted by Computer Services.
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 Computer Services 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 an EULA from Computer Services 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 an EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR COMPUTER SERVICES SOFTWARE
With regard to any Software made available to you by Computer Services through the Computer Services Website for which your acceptance of a separate license agreement is not required (“Computer Services”), you are hereby granted a revocable, non-exclusive, non-transferable license by Computer Services to use the Computer Services 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 Computer Services Software. You agree that the Computer Services Software is the confidential and proprietary information of Computer Services 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 Computer Services Software, or otherwise reduce the Computer Services 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 Computer Services 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 Computer Services Software. You acknowledge that this license is not a sale of intellectual property and that Computer Services 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 Computer Services Software and related documentation, as well as any corrections, updates, and upgrades. The Computer Services Software may be used only in the country of residence at the time of acceptance of these terms for use of the Computer Services Software. Export of the Computer Services Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, Computer Services 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 Computer Services assists you in the acquisition, installation, and/or use of Third Party Software. Computer Services 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 Computer Services Software shall remain in full force and effect unless and until terminated by Computer Services, 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 Computer Services Software and immediately delete the Computer Services 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, Computer Services 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 the delivery of its service(s) to you and your use of them. Third party services include but are not limited to technical support, website, training, music, gaming and storage services that Computer Services may elect to make available from time to time. Violation of such third party provider’s terms of service may, in Computer Services sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
COMPUTER SERVICES DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERCHANTABILITY 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 COMPUTER SERVICES TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE COMPUTER SERVICES 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
COMPUTER SERVICES 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. COMPUTER SERVICES 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. COMPUTER SERVICES 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 COMPUTER SERVICES 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 Computer Services be liable to you in excess of the amounts actually paid by you to Computer Services 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
Computer Services at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Computer Services: (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, Computer Services’ network, or the use and enjoyment of Computer Services’ other users; (c) Computer Services receives an order from a court to terminate the Service you are availing ; (d) if Computer Services for any reason ceases to offer the Service; (e) if you are no longer a Computer Services customer, or (f) Computer Services determines that you are abusing the Service. Computer Services, 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 is 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. Computer Services’ 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 Computer Services Website is available internationally and may contain references to Computer Services products, services, and programs that are not available in a viewer’s country. These references do not imply that Computer Services intends to make such products, services, or programs available in such country.
MODIFICATION
Computer Services reserves the right to amend the Terms and Condition, and the Computer Services Website at any time by (a) posting a revised version of the Terms and Conditions on the Computer Services Website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Computer Services in connection with registration. You are responsible for regularly reviewing the Computer Services website to be notified of any amendments to the Terms and Conditions.
If the user has any questions about the Privacy Policy at our Web site, the user can e-mail user inquiries to ; feedback@ComputerServicesTX.com