DIALATECH.COM PRIVACY AND USE STATEMENT
THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF DIALATECH.COM'S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH DIALATECH.COM. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE DIALATECH.COM SERVICE.
"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED SERVICE ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY ("AUP") AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND DIALATECH.COM (THE "AGREEMENT"). You must agree to the Terms and Conditions in order to be eligible to use the Dialatech.com Website (defined below), or obtain Services (defined below). If you choose not to submit a Service Order, then the entire "Agreement" between you and Dialatech.com 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.
"DIALATECH.COM"
"Dialatech and Dialatech.com" and it’s logo(s) are the service marks of Dialatech.com.
"SERVICES" AND "DIALATECH.COM WEBSITE"
All references to "Services" refer to any Dialatech.com service plan that you enter into with Dialatech.com through use of the Dialatech.com web Website located at www.Dialatech.com.com (the "Dialatech.com Website"). These Terms and Conditions govern all plans available through the Dialatech.com Website, and any use of the Dialatech.com Website. In the event of any conflict these Terms and Conditions control any Service Order form that you submit requesting Services ("Service 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 Dialatech.com Website said materials are the proprietary and copyrighted work of Dialatech.com and/or its suppliers. The definition of "Materials" does not include the design or layout of the Dialatech.com.com Web site or any other Dialatech.com owned, operated, licensed or controlled site.
"SOFTWARE"
"Software" means a computer program of any kind, whether owned by Dialatech.com 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 SERVICE ORDERS; SERVICE PLANS
You may order Services by submitting Service Orders through the Dialatech.com Website. Once Dialatech.com accepts the Service Order submitted by you, then you will receive an email from Dialatech.com at the email address that you provide or have provided to Dialatech.com as part of the Registration Process for the Services. Dialatech.com is not responsible for rendering Services in connection with any Service Order that it has not accepted. Upon acceptance by Dialatech.com of a Service Order, you will have a Service Plan.
UNDERTAKING
Subject to the Terms and Conditions, and the specifics of each Service Plan, Dialatech.com will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Dialatech.com 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 Dialatech.com's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 888-398-9988.
PAYMENT
Services against any Service Order will be available once you have made payment for Services according to the requirements of the corresponding Service Order. Dialatech.com has no obligation to render Services under any Service Plan if the payments as required under any Service Order have not been so made.
MONEY BACK POLICY
Dialatech.com’s services are delivered on a state-of-the-art integrated delivery platform which allows us to support your computer(s) remotely and/or, in association with our partners, by way of a visit to your home. 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:
- For our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning at the time of online purchase.
- For our incidental / Pay By Minute plans, the Money-Back Guarantee is valid for 7 days, beginning at the time of 1st Incident.
- This Money Back policy does not apply for our Trial Offer.
PRIVACY POLICY
The Dialatech.com Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. If you have not yet reviewed the Dialatech.com 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 Dialatech.com over the telephone, electronically or otherwise, is not confidential or proprietary to you.
ACCEPTABLE USE POLICY (AUP)
The Dialatech.com 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 Dialatech.com AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the Dialatech.com Website, 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 DIALATECH.COM WEBSITE
Services against any Service Order will be available once you have made payment for Services according to the requirements of the corresponding Service Order. Dialatech.com has no obligation to render Services under any Service Plan if the payments as required under any Service Order have not been so made.
As a Guest you may use the Dialatech.com Website and Materials (defined below) specifically designated as available to guests on the Dialatech.com Website for the limited purposes of (a) deciding whether to subscribe to the Services provided by Dialatech.com, (b) registering with Dialatech.com and submitting Service Orders only. The foregoing license grant is a non-exclusive revocable license.
COMMUNICATIONS SERVICES
Dialatech.com 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 Dialatech.com's employees and others as appropriate to your Service under a Service Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Service Order, and not for any other purpose.
LIMITED LICENSES TO USE THE DIALATECH.COM WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software (as defined below) posted on the Dialatech.com Website, or made available in connection with a Service Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the Dialatech.com Website, Services, Materials or Software, other than as explicitly permitted by Dialatech.com is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Dialatech.com 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 Dialatech.com Agent: 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 Agent. Please listen carefully to the Agent and follow the Agent'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 with Dialatech.com support personnel.
2. Software/Data Backup: You understand and agree that Dialatech.com shall under no circumstance be responsible for any lost or corrupted software or data. Dialatech.com strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
3. Account, Password, and Security: For you to submit a Service 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 Dialatech.com immediately of any unauthorized use of your account or any other breach of security. Dialatech.com 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 Dialatech.com 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 Dialatech.com's 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 Dialatech.com's ability to schedule a support session. You hereby release Dialatech.com from any and all liability, and agree that Dialatech.com shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Dialatech.com 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 Service Order;
2. Service beyond the duration limitations identified in your Service 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 Dialatech.com engineer instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE DIALATECH.COM WEBSITE, OR THROUGH A SERVICE
For your convenience, Dialatech.com 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 Service 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 Dialatech.com Web site may be copied or retransmitted unless expressly permitted by Dialatech.com.
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 Dialatech.com 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 Dialatech.com 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 DIALATECH.COM SOFTWARE
With regard to any Software made available to you by Dialatech.com through the Dialatech.com Website for which your acceptance of a separate license agreement is not required ("Dialatech.com Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Dialatech.com to use the Dialatech.com 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 Dialatech.com Software. You agree that the Dialatech.com Software is the confidential and proprietary information of Dialatech.com 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 Dialatech.com Software, or otherwise reduce the Dialatech.com 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 Dialatech.com 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 Dialatech.com Software. You acknowledge that this license is not a sale of intellectual property and that Dialatech.com 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 Dialatech.com Software and related documentation, as well as any corrections, updates and upgrades. The Dialatech.com Software may be used in the United States only, and any export of the Dialatech.com Software is strictly prohibited.
THIRD PARTY SOFTWARE
As part of the Services, Dialatech.com 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 Dialatech.com directly assists you in the acquisition, installation, and/or use of Third Party Software. Dialatech.com 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 Dialatech.com Software shall remain in full force and effect unless and until terminated by Dialatech.com, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Service Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Dialatech.com Software and immediately delete the Dialatech.com 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, Dialatech.com 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 Dialatech.com may elect to make available from time to time. Violation of such third party provider's terms of service may, in Dialatech.com's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
DIALATECH.COM 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 DIALATECH.COM TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
DIALATECH.COM SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.
DIALATECH.COM 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. DIALATECH.COM 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. DIALATECH.COM 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 DIALATECH.COM 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 Dialatech.com be liable to you in excess of the amounts actually paid by you to Dialatech.com under the Service 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
Dialatech.com at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Dialatech.com:
(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, Dialatech.com's network, or the use and enjoyment of Dialatech.com's other users;
(c) Dialatech.com receives an order from a court to terminate the Service you are using ;
(d) if Dialatech.com for any reason ceases to offer the Service;
(e) if you are no longer a Dialatech.com customer, or
(f) Dialatech.com determines that you are abusing the Service.
Dialatech.com, 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. Dialatech.com'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 Dialatech.com Website is available internationally and may contain references to Dialatech.com products, services, and programs that are not available in a viewer's country. These references do not imply that Dialatech.com intends to make such products, services, or programs available in such country.
MODIFICATION
Dialatech.com reserves the right to amend the Terms and Condition, and the Dialatech.com Website at any time by (a) posting a revised version of the Terms and Conditions on the Dialatech.com Website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Dialatech.com in connection with registration. You are responsible for regularly reviewing the Dialatech.com website to be notified of any amendments to the Terms and Conditions. Your use of the Dialatech.com Website 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 Texas without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.
ARBITRATION
Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Texas and shall be conducted in English.