“www.netpros.us″ is service mark of Netpros LLC. All references to www.netpros.us refer to Netpros LLC .
“You” means you individually, any person, including any employer that you are acting on behalf of.
“SERVICES” AND “Netpros LLC SITE”
All references to “Services” refer to any NETPROS LLC service plan that you enter into with NETPROS LLC through use of the NETPROS LLC web website located at www.netpros.us. These Terms and Conditions govern all plans available through the NETPROS LLC site, and any use of the NETPROS LLC site. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services (“service plan”).
NETPROS LLC Certified Technician/(s)
“Netpros TECHIE’s Certified Technician means” technicians and specialists certified by NETPROS LLC to perform the Services under this Agreement. Technicians do not necessarily hold any certifications from any third party unless expressly specified.
SERVICE PLANS/ SUBSCRIPTION PLANS
All references to “Services OR Service plans” refer to any NETPROS LLC service delivered through NETPROS LLC under the plan that you enter into with NETPROS LLC through use of the NETPROS LLC Website located at www.netpros.us (the “NETPROS LLC site”) or by calling the NETPROS LLC’S phone number mentioned on the NETPROS LLC Website.
“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 NETPROS LLC website said materials are the proprietary and copyrighted work of NETPROS LLC and/or its suppliers. The definition of “Materials” does not include the design or layout of the Netpros LLC.com Web site or any other NETPROS LLC owned, operated, licensed or controlled site.
“Software” means a computer program of any kind, whether owned by NETPROS LLC 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 NETPROS LLC site or by calling NETPROS LLC. Once NETPROS LLC accepts the Plan Order submitted by you, then you will receive an email from NETPROS LLC at the email address that you provide or have provided to NETPROS LLC as part of the Registration Process for the Services. NETPROS LLC is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by NETPROS LLC of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and the specifics of each Service Plan, NETPROS LLC will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, NETPROS LLC will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to NETPROS LLC’s Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-851-5293. 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 NETPROS LLC. Netpros LLC has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.
SERVICE USE POLICY (SUP)
GUESTS: LIMITED LICENSE TO USE OF NETPROS LLCWEBSITE
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. NETPROS LLC 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 NETPROS LLC website and Materials (defined below) specifically designated as available to guests on the NETPROS LLC website for the limited purposes of (a) deciding whether to subscribe to the Services provided by NETPROS LLC, (b) registering with NETPROS LLC and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are 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, create derivative works from, transfer, 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
As a condition of your use of the NETPROS LLC Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by SERVICE USE POLICY(SUP) or the Terms and Conditions of which this SERVICE USE POLICY (SUP) is a part. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any NETPROS LLC server, or the network(s) connected to any NETPROS LLC server, or interfere with any other party’s use and enjoyment of any of the NETPROS LLC Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any NETPROS LLC Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any NETPROS LLC server or to any of the NETPROS LLC Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any NETPROS LLC Portal, 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 NETPROS LLC 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 NETPROS LLC’S “fair use” policy. Under this policy, if at any time, in NETPROS LLC’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, and then NETPROS LLC reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, NETPROS LLC reserves the right to suspend or terminate any Subscription Services of any Subscriber that NETPROS LLC, in its sole discretion, determines are being used
• By any person other than Subscriber, or
• For any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to NETPROS LLC; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
NETPROS LLC 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 NETPROS LLC’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:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
5. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6. Upload files that contain Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
8. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
9. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
10. Restrict or inhibit any other user from using and enjoying the Communication Services.
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
12. Harvest or otherwise collect information about others, including e-mail addresses.
13. Violate any applicable laws or regulations.
14. Create a false identity for the purpose of misleading NETPROS LLC. or others.
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
NETPROS LLC has no obligation to monitor the Communication Services. However, NETPROS LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. NETPROS LLC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
NETPROS LLC reserves the right at all times to disclose any information as NETPROS LLC 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 NETPROS LLC’ 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 NETPROS LLC website, nor any Materials or Software posted therein.
LIMITED LICENSES TO USE THE NETPROS LLC WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the NETPROS LLC 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 NETPROS LLC Website, Services, Materials or Software, other than as explicitly permitted by NETPROS LLC is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to NETPROS LLC and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
1. Cooperate with the NETPROS LLC 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:
a. 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;
b. You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
c. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with NETPROS LLC support personnel.
Software/Data Backup: You understand and agree that NETPROS LLC shall under no circumstance be responsible for any lost or corrupted software or data. NETPROS LLC strongly recommends that you at all times maintain a complete data backup and disaster recovery plan
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify NETPROS LLC immediately of any unauthorized use of your account or any other breach of security. NETPROS LLC 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 NETPROS LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of NETPROS LLC’s reasonable control (e.g., acts of God, a large scale outbreak of a new computer, 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 NETPROS LLC’s ability to schedule a support session. You hereby release NETPROS LLC from any and all liability, and agree that NETPROS LLC shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. NETPROS LLC 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:
a. External causes such as accident, abuse, misuse, or problems with electrical power;
b. Usage that is not in accordance with product instructions provided by manufacture;
c. Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
d. Problems caused by using accessories, parts, or components not compatible with the product: or
e. Non-Compliance with the NETPROS LLC engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE NETPROS LLCWEBSITE, OR THROUGH A SERVICE
For your convenience, NETPROS LLC 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 your use 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 NETPROS LLC Web site may be copied or retransmitted unless expressly permitted by NETPROS LLC.
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 that is owned by NETPROS LLC 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 NETPROS LLC 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.
THIRD PARTY SOFTWARE
As part of the Services, NETPROS LLC 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 NETPROS LLC directly assists you in the acquisition, installation, and/or use of Third Party Software. NETPROS LLC 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 NETPROS LLC Software shall remain in full force and effect unless and until terminated by NETPROS LLC, 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 NETPROS LLC Software and immediately delete the NETPROS LLC 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, NETPROS LLC 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, website, training, music, gaming and storage services that NETPROS LLC may elect to make available from time to time. Violation of such third party provider’s terms of service may, in NETPROS LLC’s sole discretion, result in the termination of your customer account and use of service. LIMITED SERVICE WARRANTY NETPROS LLC 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 NETPROS LLC TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE NETPROS LLC 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.
NETPROS LLC 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. NETPROS LLC 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. NETPROS LLC 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 NETPROS LLC 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 NETPROS LLC be liable to you in excess of the amounts actually paid by you to NETPROS LLC 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
NETPROS LLC may, at its sole discretion, terminate or suspend your Service immediately without notice if:
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, NETPROS LLC’s network, or the use and enjoyment of NETPROS LLC’s other users;
c. NETPROS LLC receives an order from a court to terminate the Service you are using;
d. if NETPROS LLC for any reason ceases to offer the Service;
e. if you are no longer a NETPROS LLC customer, or
f. NETPROS LLC determines that you are abusing the Service.
NETPROS LLC, 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 were 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. NETPROS LLC’s failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. NO OFFER – The NETPROS LLC website is available internationally and may contain references to NETPROS LLC products, services, and programs that are not available in a viewer’s country. These references do not imply that NETPROS LLC intends to make such products, services, or programs available in such country.
NETPROS LLC reserves the right to amend the Terms and Condition, and the NETPROS LLC Website at any time by (a) posting a revised version of the Terms and Conditions on the NETPROS LLC Website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to NETPROS LLC in connection with registration. You are responsible for regularly reviewing the NETPROS LLC website to be notified of any amendments to the Terms and Conditions. Your use of the NETPROS LLC Website or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended 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 United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.