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Terms of Service PDF Print E-mail


You have requested the support service described below (the "Service") from TechieLive.com (CMM Ltd.) provided by Computer Monitoring Management Ltd ("Provider") through http://www.TechieLive.com/ (the "Site"), a web site maintained by Provider. The Service will be provided to you subject to the following terms and conditions:

ACCEPTANCE

By confirming below that these terms have been reviewed and accepted by you, you will be bound by these terms and they will form the agreement between you and Provider upon which the Service will be provided. Provider will not be required to perform the Service requested by you through the Site until it accepts your request in writing or electronically. If you issue a purchase order or other writing in connection with the Service, any provision of such purchase order or other writing inconsistent with these terms will not be binding upon Provider and, to the extent any such inconsistency exists, these terms will control.

SERVICE

The Service allows you to interact via the telephone or online with computer experts ("Experts") and allows Experts to gain remote access to your computer to assist in resolving your computer problems. The Service also employs software to collect system information about your computer, diagnose your computer problem using such information, relay such information and a diagnosis to an Expert and/or you, and, if authorized by you, allow Experts to remotely access your computer and/or make repairs. While the uses of many components of the Service are optional, Provider must have your current system information in order to perform the Service. If you deny Provider's request to obtain such information, Provider will not be able to process your request to the full extent possible and will be limited in providing the Service.

Repair Process. You may ask Provider questions about software and hardware malfunctions related to the products that appear on Provider's list of supported products. Provider may refuse to answer a question that is related to a product not mentioned on the supported products list. Answering a question relating to an unsupported product should be considered a courtesy and not an obligation of Provider.

You have a choice of conducting the dialogue via telephone, email or Web chat. You can switch between these three modes at any time depending upon your preferences or the advice of an Expert.

Software. Provider will make software available to you in connection with the Service (the "Software"). The availability of the Software is subject to the license agreement that you must accept before using the Software. The Software includes the following:

a. Remote control software collects a wide variety of useful information about the state of a computer system and the applications on it. This information is packaged into a document containing all the essential details needed by Experts and is sent over the Internet to a server maintained by Provider. Experts analyze this information to help diagnose and solve end-user problems.
b. Remote control Screen sharing module allows you to grant control of your computer to an Expert remotely over the Internet, so that the Expert can diagnose or correct problems. Experts will not use the screen sharing software unless you have explicitly consented to its use.

REGISTRATION

You must register for the Service. As part of the registration process, you must (a) provide certain information in completing Provider's Registration Form, (b) warrant such information to be current, complete and accurate and (c) update such information to keep it complete and accurate at all times. You must be of a legal age that gives you the right to form enforceable contracts to register for the Service. Provider reserves the right to refuse the Service to you for any reason.

LIMITED LICENSE

Upon registering for the Service, Provider will support one computer for each subscription. Your right to use the Service is personal to you and you may not resell or otherwise transfer the use of the Service, the materials or information obtained by you through the Service without the express written consent of Provider.

FEES

The Service is available on an a pay-per-incident basis.
During signup you will be asked to provide us with your name as it appears on your credit card, your credit card number and expiration date. The fee for your subscription will be charged to your credit card. However, if you are not satisfied with the quality of our technical assistance you can discontinue your membership without any obligations and we will immediately return your money in full. Subscriber will send an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it stating their reasons for termination.
If you subscribed on a pay-per-incident basis you will be charged for each incident separately. If within 48 hours after receiving support and after repeated attempts using commercially reasonable efforts, Provider is unable to satisfactory resolve your reasonable request for support, the Subscriber may send an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it stating their reasons for requesting a refund.

PAYMENTS

All fees payable in connection with the Service will be charged directly to the credit card you provide to Provider.

YOUR RESPONSIBILITIES

You must (a) comply with all applicable laws in connection with your use of the Service, (b) not use the Service for any illegal purpose, (c) not interfere or otherwise disrupt networks connected to the Service, (d) not use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) not transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any nature, (f) not attempt to gain unauthorized access to other computer systems and (g) not interfere with another user's use and enjoyment of the Service. You are solely responsible for backing up all data stored on your computer and for protecting such data from loss or theft.
 
INTENDED AUDIENCE

Provider offers the Site and the Service from its headquarters in Dublin, Ireland for customers located in Worldwide and makes no representation that the Service or the Site are appropriate or will be available for use in other jurisdictions. Unless otherwise explicitly stated, Your use of the Service is subject to all applicable laws.

PRIVACY

While Provider will attempt to protect information about you, such as your name and credit card information from inadvertent disclosure, it does not assume any responsibility if such information is disclosed through the Service or the Site due to circumstances beyond Provider's control. You should read Provider's Privacy Policy for more information regarding privacy.

PROMOTION

You may not advertise your use of the Service, in any form, without first obtaining Provider's consent in writing or electronically. In addition, you may not use the name or any trademark or service mark of Provider for any purpose without first obtaining Provider's consent in writing or electronically.

DISCLAIMER

THE SERVICES ARE RENDERED BY COMPUTER MONITORING MANAGEMENT LTD. WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, COMPUTER MONITORING MANAGEMENT LTD. DOES NOT WARRANT OR REPRESENT THAT (A) THE SERVICE OR THE SITE WILL BE ERROR FREE, (B) DEFECTS IN THE SERVICES OR THE SITE WILL BE CORRECTED OR (C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE.

LIMITATION ON LIABILITY

COMPUTER MONITORING MANAGEMENT LTD. WILL NOT, WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES INCURRED BY YOU IN CONNECTION WITH THE SERVICES, THE SITE OR ANY OTHER MATTER (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY COMPUTER MONITORING MANAGEMENT LTD. OR FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF €50 OR THE FEES PAID BY YOU FOR THE SERVICE DURING THE YEAR IN WHICH YOU INCURRED SUCH DAMAGES.

INDEMNIFICATION

You shall indemnify and hold harmless Provider from and against all costs, damages, expenses, liabilities and losses incurred by Provider (including, but not limited to, fees and disbursements of counsel to Provider) (a) in connection with (i) your failure to perform any obligation pursuant to these terms and conditions and (ii) your negligence or (b) otherwise in connection with your use of the Service or the Site, except to the extent such costs, damages, expenses and losses are incurred by Provider solely due to the gross negligence of Provider.

TAXES

No fees charged by Provider for the Service include any taxes or other government-imposed fees, unless expressly stated to include such taxes or other government-imposed fees. You are responsible for the payment of all such taxes and other government- imposed fees.

TERMINATION AND MODIFICATION

Provider may at any time suspend, terminate or modify the Service, or your access to the Site, without notice to you and without any liability to you for such suspension, termination or modification. You may terminate the Service at any time by giving written or electronic notice to Provider; provided, however, that you will not be entitled to a refund of any fees prepaid by you for the Service.

NOTICES

You may send email notices to Provider or use our other contacts. Any such notice will be effective upon actual receipt by Provider. Provider may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the Site.

INDEPENDENT CONTRACTORS

You and Provider are independent contractors and not agents of the other for any purpose. Neither you nor Provider may act for the other or incur any indebtedness, liability or obligation on behalf of the other.

FORCE MAJEURE

Provider will not be liable to you for any failure or delay in the performance of an obligation pursuant to these terms and conditions to the extent such failure or delay is caused by circumstances beyond its reasonable control (including, but not limited to, earthquake, fire, flood or other casualty, an act of God, a strike, lockout or other labour dispute, war, embargo, blockade, legal restriction, riot, insurrection or governmental action).

NO THIRD-PARTY BENEFICIARIES

No individual or entity is a third-party beneficiary to this Agreement. Each provision of this Agreement may be enforced only by Provider or you or, to the extent permitted by this Agreement, any successor or assignee of Provider or you.

MISCELLANEOUS

This Agreement supersedes and replaces all written and oral proposals, quotes, agreements, arrangements, understandings and communications between he parties relating to all or any part of the subject matter of this Agreement and constitutes the sole agreement between the parties related to the subject matter of this Agreement.  There are no representations, warranties, guarantees, assurances, promises, understandings or arrangements between the parties except as expressly contained in this Agreement.  Headings in this Agreement are solely for convenience and shall not be used to construe this Agreement. This Agreement shall be governed by Irish law and the parties attorn to the jurisdiction of Irish courts for all purposes in connection with this Agreement.

Last Updated ( Tuesday, 24 October 2006 )
 
 
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