PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute 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 Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Subscriber’s use of the support services for the Plans are subject to MASHPOINT’s “fair use” policy. Under this policy, if at any time, in MASHPOINT’s sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then MASHPOINT reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, MASHPOINT reserves the right to suspend or terminate any Subscription Services of any Subscriber that MASHPOINT, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to MASHPOINT; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
GUESTS; LIMITED LICENSE TO USE OF MASHPOINT PORTAL
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the MASHPOINT Portal by current MASHPOINT customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”.
As a Guest you may use the MASHPOINT Portal and Materials specifically designated as available to guests on the MASHPOINT Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by MASHPOINT, (b) registering with MASHPOINT and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
LIMITED LICENSES TO USE THE MASHPOINT PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the MASHPOINT Portal, 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 MASHPOINT Portal, Services, Materials or Software, other than as explicitly permitted by MASHPOINT is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to MASHPOINT and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.
Please note that the charge on your credit card will appear on your credit card statement as any one of the following – “MASHPOINT.com” or “MASHPOINT TECH SUPPORT” or “MASHPONT LLC.
In connection with obtaining Services, you agree that you will:
Cooperate with the MASHPOINT Technician: 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 technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
o 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;
o You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
o The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with MASHPOINT support personnel.
Software/Data Backup: You understand and agree that MASHPOINT shall under no circumstance be responsible for any lost or corrupted software or data. MASHPOINT strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of MASHPOINT’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 MASHPOINT’s ability to schedule a support session. You hereby release MASHPOINT from any and all liability, and agree that MASHPOINT shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
EXCLUSIONS FROM “SERVICES”
“Services” shall not include the following:
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;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Plan;
Problems that may and do result from:
o External causes such as accident, abuse, misuse, or problems with electrical power;
o Usage that is not in accordance with product instructions provided by manufacture;
o Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
o Problems caused by using accessories, parts, or components not compatible with the product.
o Non Compliance with the MASHPOINT technician instructions for resolving the query.
THIRD PARTY PRODUCTS
As part of the Services, MASHPOINT may suggest that you acquire, install and use certain third party software or services (“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 MASHPOINT assists you in the acquisition, installation, and/or use of Third Party Software. MASHPOINT has no responsibility or 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 MASHPOINT Software shall remain in full force and effect unless and until terminated by MASHPOINT, 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 Plan for any reason, you must cease all use of the Plan and the MASHPOINT Software and immediately delete the MASHPOINT 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 representation or 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, MASHPOINT 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, portal, training, music, gaming and storage services that MASHPOINT may elect to make available from time to time. Violation of such third party provider’s terms of service may, in MASHPOINT’s sole discretion, result in the termination of your customer account and use of service.