This agreement is a legal agreement ("Agreement") between you and your organization and Easy Computer Systems, LLC describing the terms applicable to your use of any software, services, or sites as defined herein as ("Sites"). Please examine this Agreement carefully and understand the content fully before using our Sites. By accessing any of our Sites, You represent that (i) You have read and understand all of the provisions of this Agreement; (ii) You accept this Agreement on behalf of the User; and/or (iii) You have authority to contractually bind the User to this Agreement.
Easy Computer Systems, LLC reserves the right to change, alter or modify this Agreement for any reason at its sole discretion at any time without prior notice. When we do so, changes in this Agreement will be posted on EasyComputerSystems.com and will be effective immediately. Easy Computer Systems, LLC recommends that Users check this Agreement on a regular basis.
Easy Computer Systems, LLC may modify, suspend, or discontinue any of its Sites at its sole discretion at any time without prior notice. Easy Computer Systems, LLC shall not be liable for any modification, suspension, termination, or discontinuance of any Sites.
By accessing any of our Sites users accept this Agreement. This Agreement applies equally to both Users and User Representatives. Each User is responsible for all conduct of its User Representatives in using our Sites.
If you are registered or user of any Sites operated by Easy Computer Systems, LLC you are also subject to the terms governing each such service.
LICENSE AND USAGE
Subject to this Agreement, Easy Computer Systems, LLC grants to User a limited, non-exclusive, non-transferable license (“License”) to use its Sites for the term at which payment was made. All rights not expressly granted to User are reserved by Easy Computer Systems, LLC.
In all transactions and processes carried out using its Sites is and acts as a neutral third party, and is not an agent of or affiliated with any party using the Sites. Neither the use of the Sites nor any provision of this Agreement creates an agency relationship with Easy Computer Systems, LLC or between Users or User Representatives of any of its Sites.
FREE TRIAL OFFER
Where applicable, the Free Trial Offer is valid for thirty (30) days from the date User's account is approved. Users will receive an email stating the approval date and expiration date of their free trial. During the course of the the free trial User grants Easy Computer Systems, LLC permission to contact them by phone, postal mail or email for feedback, upgrade options, renewals, security and/or support.
Users will receive an email invoice with the option to renew their access for continued service. Additional invoicing and payment options are available after initial payment has been received. In the event payment has not been received by the expiration of the free trial, the Users account will be locked unless other arrangements have been made.
Free Trial Offer includes all services available for a particular Site. In the event a User renews under a lesser Plan, some of the User's account features will no longer be available.
PRICING AND PAYMENTS
All payments made by check or money order are payable to Easy Computer Systems.
User is subject to and agrees to pay the fees set forth its Sites.
Fees are billed on a montly basis. Any account that is deliquent fourty (40) days or more may be subject to restricted access and/or account termination. If an account is terminated for non-payment, a reinstatement fee may apply for reactivation.
Easy Computer Systems, LLC reserves the right to modify fees for its Sites at any time with prior notice.
Easy Computer Systems, LLC may provide support services to Users through phone, email or online chat during regular business hours. Such support services may include assistance with registering a new account, sign on issues, account navigational support as well as support assisting in troubleshooting issues with User's computer(s) in relation to using its Sites.
NOTE: While our goal is to provide excellent customer service and assist all Users with any problems that may arise from using its Sites, Users MUST be respectful at all times while requesting support assistance. Any User that is confrontational, using profanity, disrespectful, insulting or threatening while communicating or utilizing any support services will have their account terminated, current monthly fees refunded, and access blocked from future use on all Sites and services provided by Easy Computer Systems, LLC.
All Sites owned by Easy Computer Systems are proprietary to Easy Computer Systems, LLC and includes information that is the property of Easy Computer Systems, LLC and its Users. The Sites, its content, and all proprietary information of Easy Computer Systems, LLC are protected by the copyright. Unless Users receive prior written consent from Easy Computer Systems, LLC, Users shall not copy contents, use the contents other than as permitted by Easy Computer Systems, LLC, or disclose the contents to others.
Easy Computer Systems, LLC retains all right, title and interest in and to its Sites. Your use of any of its Sites or software does not grant or confer any rights to You, by license or otherwise, in or to the software other than the licensed rights expressly granted herein.
Users acknowledge that the Sites may contain copyrighted material, trade secrets, or other proprietary information which belongs to Easy Computer Systems, LLC, or may embody copyrighted subject matter owned by Easy Computer Systems, LLC.
Except as otherwise provided herein, Easy Computer Systems, LLC does not own any data, information or material that is submitted in the course of using its Sites (“User Data”). User, not Easy Computer Systems, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of all User Data. EASY COMPUTER SYSTEMS, LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY USER DATA. Notwithstanding the foregoing, Easy Computer Systems, LLC reserves the right to use User Data submitted to it as set forth in this Agreement.
RESTRICTIONS AND USER RESPONSIBILITY
Users shall not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party or use its Sites for third party training, commercial time sharing, rental or service bureau use in any way; (b) modify, copy, distribute, transmit, display, reproduce, disassemble, decompile, decrypt, reverse engineer, bypass the security of, or make derivative works based upon any portion of its Sites; or (c) access its Sites in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of its Sites, or (iii) copy any ideas, features, functions or graphics of its Sites.
Users shall not access or attempt to access password protected, secure, or non-public areas of its Sites without the prior written consent of Easy Computer Systems, LLC
Users shall be solely responsible for their actions, User Data and any other contents of transmissions to its Sites. Users shall not transmit any materials or information to its Sites that infringes on any copyright or other proprietary rights of any other person or entity. Users shall not impersonate any person or entity or falsely state or otherwise misrepresent their identity or affiliation with any person or entity. Users shall not post or use its Sites to transmit: (a) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state or national law; (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by Easy Computer Systems,LLC; or (c) any information or software which contains a virus, Trojan horse, worm, malware or other harmful component.
Users shall not use Sites in any manner that violates this Agreement.
Users shall not use and shall not authorize, cause, or enable others to use Sites for any unlawful purpose.
CONFIDENTIALITY AND SECURITY
Easy Computer Systems, LLC takes security seriously and will use commercially reasonable efforts, including the use of userIDs, passwords, and encryption, to keep User Data secure and confidential from third parties that are not using its Sites. HOWEVER, EASY COMPUTER SYSTEMS, LLC DOES NOT GUARANTEE THAT IT WILL NOT BE THE SUBJECT OF A SECURITY BREACH AND MAKES NO WARRANTY THAT INFORMATION GIVEN TO EASY COMPUTER SYSTEMS, LLC AND/OR STORED IN ITS SITES (INCLUDING, WITHOUT LIMITATION, USER DATA) WILL BE COMPLETELY SECURE.
Users agree to maintain and protect the confidentiality of its Sites and will not disclose to third parties any aspect of the software, including related software or their contents, or use of its Sites for any purpose other than authorized herein.
Users understand that the Sites, Your userID and password, the User accounts, names and passwords, and any other information disclosed by Easy Computer Systems, LLC to User shall be considered confidential information (“Confidential Information”).
Users agree: (a) to not disclose any Confidential Information to any third party without the prior written consent of Easy Computer Systems, LLC; (b) to only disclose the Confidential Information to Users, Representatives, employees, and such third parties approved in writing by Easy Computer Systems, LLC who are under written obligations of confidentiality with respect to the Confidential Information that are no less restrictive than those contained herein (it being understood that You shall be liable for any failure on the part of any such Representative, employee or third party to comply with this Agreement to the same extent as if such Representative, employee or third party had been parties hereto); (c) to use the Confidential Information solely in accordance with the terms of this Agreement; and (d) to protect the Confidential Information from unauthorized disclosure or use.
Users agree to keep sole control and not give the userID and/or passwords to anyone who is not authorized. Users are responsible for any activity that occurs under their account as a result of their failure to maintain the security and confidentiality of the Confidential Information, including but not limited to all Users’ userIDs and passwords. Users agree to notify Easy Computer Systems, LLC immediately of any unauthorized use of their account or password or any other breach of security.
Users acknowledge that a breach of this section will result in irreparable and continuing harm to Easy Computer Systems, LLC for which there will be no adequate remedy at law and, therefore, Easy Computer Systems, LLC will be entitled to appropriate equitable relief.
You acknowledge and agree that information that you provide to Easy Computer Systems, LLC, including, but not limited to, User Data, may be stored by Easy Computer Systems, LLC in a location other than the jurisdiction in which a User may use its Sites.
This section shall survive the termination of this Agreement and remain in effect until the information is no longer confidential. Upon termination of this Agreement, Easy Computer Systems, LLC shall purge all Confidential Information from its servers and computer system(s) and at Easy Computer Systems, LLC option, either (a) destroy all Confidential Information, or (b) return all Confidential Information to User in a file format convenient to Easy Computer Systems, LLC.
User access is granted provided fees are paid and User account is in good standing.
Users shall permit Easy Computer Systems, LLC to access User account, as necessary, for purposes of: (i) providing support and error correction; and (ii) determining User's compliance with the terms of this Agreement.
TERM AND TERMINATION
This Agreement is effective until the expiration of an unrenewed term, or until terminated by either User or Easy Computer Systems, LLC, or until automatically terminated as set forth herein. Users may terminate this Agreement at any time by permanently discontinuing use of any of its Sites and notifying Easy Computer Systems, LLC by phone, email, chat, or in writing.
Upon termination for any reason, Users shall immediately cease using its Sites.
TERMINATION FOR VIOLATION
Easy Computer Software, LLC reserves the right to terminate this Agreement, including, but not limited to, any access granted hereunder, and use of its Sites for violation by User or any User Representatives of any of the terms of this Agreement.
Payments made by a User for the use of its Sites pursuant to this Agreement do not include any taxes or duties payable in respect of the services provided hereunder in the jurisdiction where the payment is either made or received. Any such taxes are the sole responsibility of User. To the extent that any such taxes or duties are payable or paid by Easy Computer Systems, LLC, User agrees to indemnify and pay to Easy Computer Systems, LLC promptly upon demand the amount of such taxes or duties, and any penalties, interest, costs, and damages related thereto, in addition to any fees owed for the use of its Sites pursuant to this Agreement. Easy Computer Systems, LLC shall have the right to add such amounts to any invoice issued to User. If User has obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, User may provide Easy Computer Systems, LLC with any such exemption information. Upon receipt of such exemption information, Easy Computer Systems, LLC will use reasonable efforts to provide such invoicing documents as may enable User to obtain from any relevant revenue authority a refund or credit for the amount so paid if such a refund or credit is available.
DISCLAIMER OF WARRANTIES
EASY COMPUTER SYSTEMS, LLC, ITS AFFILIATES OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEE AGENTS, SHAREHOLDERS OR REPRESENTATIVES MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ITS SITES, THE SOFTWARE, THIRD PARTY SOFTWARE, THIRD PARTY ADD-ONS, SUPPORT SERVICES OR THIRD PARTY SERVICES. WITHOUT LIMITING THE FOREGOING, EASY COMPUTER SYSTEMS, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT (a) THE USE OF ITS SITES, SOFTWARE, SERVICES, THIRD PARTY SOFTWARE, THIRD PARTY ADD-ONS, SUPPORT SERVICES OR THIRD PARTY SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (b) ITS SITES, SOFTWARE, SERVICES, SUPPORT SERVICES, THIRD PARTY SOFTWARE,THIRD PARTY ADD-ONS, OR THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (c) ANY STORED DATA, INCLUDING, WITHOUT LIMITATION, USER DATA, WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SOFTWARE, SERVICES, THIRD PARTY SERVICES, THIRD PARTY ADD-ONS, OR THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (e) ERRORS OR DEFECTS WILL BE CORRECTED, OR (f) ITS SITES, SOFTWARE, SERVICES, THIRD PARTY SERVICES, THIRD PARTY SOFTWARE, THIRD PARTY ADD-ONS, OR THE SERVER(S) THAT MAKE ANY SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EASY COMPUTER SYSTEMS, LLC MAKES NO GUARANTEE TO THE ACCURACY OF ANY DATA OR ANY ASPECT OF THE SOFTWARE.
BY USING ITS SITES YOU AGREE THAT THE SITES AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EASY COMPUTER SYSTEMS, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES, THE SOFTWARE, ITS CONTENTS AND THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL EASY COMPUTER SYSTEMS, LLC, ITS AFFILIATES, PARENTS, OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF ITS SITES AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE WITH THE SOFTWARE.
EASY COMPUTER SYSTEMS, LLC, ITS AFFILIATES, PARENTS, OR SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEE AGENTS, SHAREHOLDERS OR REPRESENTATIVES SHALL HAVE ANY LIABILITY WHATSOEVER FOR OR IN CONNECTION WITH THE ACTIONS OR OMISSIONS OF ANY USER, OR REPRESENTATIVE, THEIR USE OF THE SITE, SOFTWARE, OR THEIR FAILURE TO COMPLY WITH APPLICABLE LAWS.
Users specifically acknowledge and agree that Easy Computer Systems, LLC is not liable for any defamatory, offensive or illegal conduct of any User or Representative of its Sites.
If dissatisfied with any of Easy Computer Systems Sites or any materials contained within, or with this Agreement, Users sole and exclusive remedy is to discontinue use of its Sites or software.
If, notwithstanding this Agreement Easy Computer Systems, LLC is found to be liable hereunder for compensable damages relating in any way to the use of its Sites, User agrees that in no event shall Easy Computer Systems, LLC aggregate liability exceed the greater of (a) the total of any Fees paid by User to Easy Computer Systems, LLC in the six months immediately prior to the date on which the claim is made against Easy Computer Systems, LLC or (b) one-hundred fifty dollars ($150.00).
USER WARRANTIES AND INDEMNITY
User represent and warrant that all information submitted by User through its Sites is accurate and complete, and that User has taken reasonable steps to ensure the accuracy and completeness of such information. Users agree to indemnify, defend, and hold harmless Easy Computer System, LLC, its officers, directors, employees, agents, shareholders, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from the information submitted by User through its Sites, any violation of this Agreement or any activity related to the use of its Sites by User or any Representative or anyone accessing its Sites from User's Internet account.
THIRD-PARTY LINKS AND SERVICES
Easy Computer Systems, LLC may provide links to websites operated by third parties. Easy Computer Systems, LLC makes no representations or warranties whatsoever about any third party websites that Users may access through its Sites. Easy Computer Systems, LLC is not responsible for the privacy practices or the content of such websites. Easy Computer Systems, LLC prohibits the framing of any materials available through its Sites.
Sites may contain some Third Party Software (as defined herein) for which Easy Computer Systems, LLC has obtained the appropriate licensing rights, if applicable. “Third Party Software” means third party computer programs provided to Users or electronic access to computer programs provided to Users under this Agreement in connection with the Sites. Use of the Third Party Software in connection with the Sites shall be subject to the terms and conditions set forth herein and any other conditions placed on the use of the Third Party Software by its owner. Users also acknowledge that the owner of such Third Party Software is the sole and exclusive owner of all right, title, and interest in and to the Third Party Software, any modifications or improvements made thereto, derivative works made therefrom, and all related materials, documentation, know-how, and intellectual property related thereto.
By using any Sites, You consent to jurisdiction in the State of Wyoming. Any dispute related in any way to the use of any Sites owned by Easy Computer Systems, LLC shall be venued in the state courts located in Cheyenne, Wyoming.
Sites owned by Easy Computer Systems, LLC are not permitted for use outside the United States. Users are solely responsible for compliance with all applicable laws. Any diversion of the content contrary to United States law is prohibited.
The failure of Easy Computer Systems, LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Easy Computer Systems, LLC in writing. Any waiver by Easy Computer Systems, LLC to enforce any right or provision in this Agreement shall not constitute a subsequent or future waiver of Easy Computer Systems, LLC rights to enforce this Agreement to the fullest extent.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of its Sites must be filed within one (1) year after such claim or cause of action arose or be forever barred.
USER COMMENTS, FEEDBACK, IDEAS, AND SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other information disclosed, submitted, conveyed or offered to Easy Computer Systems, LLC on or by its Sites or otherwise disclosed, submitted or offered in connection with the use of its Sites shall be and remain the property of Easy Computer Systems, LLC. Such disclosure, submission or offer of any comments shall constitute an assignment to Easy Computer Systems, LLC of all rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, Easy Computer Systems, LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments, feedback or submission.
Easy Computer Systems, LLC is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay to User or any representative compensation for any comments, feedback, idea; or (c) to respond to any comments.
EASY COMPUTER SYSTEMS, LLC SERVICES AND/OR AVAILABILITY OF ITS SITES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EASY COMPUTER SYSTEMS, LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Easy Computer Systems, LLC will not be held liable for the failure to perform its obligations under this Agreement if such failure is occasioned by a contingency beyond Easy Computer Systems, LLC reasonable control, including, without limitation, acts of war, labor difficulties, riots, fire, flood, hurricane, windstorm, governmental laws, acts or regulations (including the inability to obtain any necessary permits); provided, however, that such relief will only continue for so long as the force majeure condition exists.
Where required, Easy Computer Systems, LLC may issue important notices to Users by posting on www.EasyComputerSystems.com or by electronic mail to Users e-mail address on record. Such notices shall be deemed to have been given upon the expiration of twenty-four (24) hours after sending (if sent by electronic mail). Users may give notice to Easy Computer Systems, LLC by electronic mail to the address below.
If You have any questions about this Agreement, the practices of the software, or dealings with Easy Computer Systems, LLC, please sent email to: firstname.lastname@example.org
This Agreement comprises the entire agreement and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Unless expressly agreed in a writing signed by User and Easy Computer Systems, LLC any terms and warranties offered by any other individual, agent or entity that are not expressly stated in this Agreement or that contradict this Agreement are null and void.