NetSupport Online Resource Terms and Conditions
IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. The
NetSupport Online Resource service (the "Service") is owned and operated by NetSupport Limited.
("NetSupport") and is provided to you ("You" or "Your") under these terms and conditions
("Terms"). BY PROVIDING YOUR E-MAIL AND PASSWORD (THE AUTHENTICATION PROCESS), YOU
REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF
AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE (THE "CONTRACTING PARTY")
AND (ii) AGREE FOR YOURSELF AND THE CONTRACTING PARTY TO BE BOUND BY ALL OF THE
TERMS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY SECTIONS SET FORTH BELOW. If You do not agree to these Terms, You may
not use the Service.NetSupport reserve the right, at its sole discretion, to change,
modify, add, or delete portions of these Terms at any time in accordance with the
procedures set forth below in the section labelled "Modifications".
The purpose of this Agreement is to allow You the opportunity to either evaluate
the functionality and use of the Service commencing on the date you accept these
terms.
1. Registration
To use the Service, You may be required to submit a complete registration
form ("Registration Form"). As part of the registration process for the Service,
You agree to: (i) provide certain limited information about Yourself as prompted
to do so by the Service (such information to be current, complete and accurate)
and (ii) maintain and update this information as required to keep it current, complete
and accurate. The information requested at the time of the signup shall be referred
to as registration data ("Registration Data"). If NetSupport discovers that any
of Your Registration Data is inaccurate, incomplete or not current, or if NetSupport
determines, in its sole discretion, that the user is not an appropriate subscriber
or user of the Service, NetSupport may terminate Your right to access and receive
the Service immediately upon notice.
2. Conduct
You are solely responsible for the content of Your transmissions through the Service.
NetSupport does, however, reserve the right to take any action with respect to the
Service that NetSupport deems necessary or appropriate in NetSupports' sole discretion.
Your use of the Service is subject to the end user license agreement set forth below
and all applicable local, state, national and international laws and regulations
(including without limitation those governing account collection, export control,
consumer protection, unfair competition, anti-discrimination or false advertising).
You agree: (i) not to post, distribute, or otherwise make available or transmit
any software or other computer files that contain a virus or other harmful component;
(ii) not to use the Service for illegal purposes; (iii) not to delete from the software,
documentation or any web site used in connection with the Service any legal notices,
disclaimers, or proprietary notices such as copyright or trademark symbols, or modify
any logos that You do not own or have express permission to modify;(iv) not to interfere
or disrupt networks connected to the Service; (v) not to use the Service to infringe
any third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; and (vi) not to transmit through the Service,
any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. You will not attempt
to gain unauthorized access to other computer systems and You will not interfere
with another user's use and enjoyment of the Service.
3. Modifications
NetSupport may amend these Terms at any time by (i) posting a revised Terms
of Service document and/or (ii) sending information regarding the Terms amendment
to the email address You provide to NetSupport. You manifest intent to accept these
amended terms if You continue to use the Service and/or access Your subscription
account after such amended terms have been posted or information regarding such
amendment has been sent to You. Otherwise, these Terms may not be amended except
in writing signed by both parties. Further, NetSupport reserves the right to modify
or discontinue the Service with or without notice to You. NetSupport shall not be
liable to You or any third party should NetSupport exercise its right to modify
or discontinue the Service.
4. Passwords and Security
4.1 As part of the registration process, You must use Your email address as Your
user name and choose a password for access to Your account and to Your designated
computers. You agree to carefully safeguard all of Your passwords. You are solely
responsible if You do not maintain the confidentiality of Your passwords and account
information. Furthermore, You are solely responsible for any and all activity that
occurs under Your account. You agree immediately to notify NetSupport of any unauthorized
use of Your account or any other breach of security known to You, including if You
believe that Your password or account information has been stolen or otherwise compromised.
Access to, and use of, password-protected and/or secure aspects of the Service is
restricted to authorized users only. Unauthorized individuals attempting to use
the Service may be subject to prosecution.
5. Subsriptions
5.1 Subscriptions to the service are paid in advance, and will be automatically
renewed at the end of the current subscription period unless we have been notified
of your intention to cancel your subscription.
5.2 You can cancel you subscription at any time, by either contacting NetSupport
or by cancelling your account once logged on from your account management page.
6. End User License Agreement
This end user license agreement grants a right and license allowing You to use the
Service under certain restrictions, terms and conditions (the "License Agreement").
You are consenting to be bound by this License Agreement.
6.1 The software is made available for download solely for use by You according
to this License Agreement. Any reproduction or redistribution of software included
as part of the Service that is not in accordance with this License Agreement is
expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. NetSupport is not transferring
title to the software to You.
6.2 You acknowledge that the software downloaded in connection with the Service
is proprietary to NetSupport and is protected by copyrights, trademarks, service
marks, patents and/or other proprietary rights and laws. Therefore, You agree that
you are only permitted to use the software as expressly authorized by NetSupport
and this License Agreement. You may not remove any proprietary notices or labels
from the software. You may copy the software for archival purposes only, provided
any copy must contain all of the original software's proprietary notices. However,
You may not redistribute, sell, auction, decompile, reverse engineer, disassemble
or otherwise reduce the software to a human-readable form.
7. Disclaimer of Warranties
7.1 Although NetSupport has attempted to provide accurate information with regard
to the Service and the related software and documentation, NetSupport assumes no
responsibility for the accuracy or inaccuracy of the information. NetSupport may
change the software, documentation, Service or products mentioned at any time without
notice. Mention of non-NetSupport products or services is for information purposes
only and constitutes neither an endorsement nor a recommendation. Your use of the
Service, the software and the documentation is at Your risk. Neither NetSupport
nor any other party involved in creating, producing, or delivering the Service,
the software and the documentation is liable for any direct, incidental, consequential,
indirect or punitive damages arising out of Your access to, or use of, of the Services.
7.2 ALL INFORMATION, SERVICE, DOCUMENTATION AND SOFTWARE PROVIDED BY NETSUPPORT
PURSUANT TO THIS AGREEMENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE
OF DEALING, USAGE, OR TRADE PRACTICE.
8. Limitation of Liability
8.1 NETSUPPORT AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS
OF REPLACEMENT PRODUCTS OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY NETSUPPORT SOFTWARE, DOCUMENTATION,
PRODUCTS OR SERVICES. UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
SHALL NETSUPPORT BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE
ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF NETSUPPORT
OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IN NO EVENT SHALL NETSUPPORT'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT
YOU PAID TO NE SUPPORT, IF ANY, FOR THE SERVICE.
9. Miscellaneous
9.1 This Agreement represents the complete agreement concerning the Terms and license
granted hereunder and may be amended only by a writing executed by both parties.