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ASK-4-HELP.COM's Terms and Conditions Governing Computer Support

These terms (the "Terms") govern your use of the web site at ask-4-help.com ("Site") and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the "Services") provided by ASK-4-HELP.COM, its subsidiaries, affiliates and contractors ("ASK-4-HELP.COM," "we" or "us"). By accessing, ordering or using the Services via telephone or online via the Site, you ("You" or "Your") and other users of the Services (collectively, "Users") agree to these Terms and our Privacy Policy available at ask-4-help.com/privacy.html. If You do not agree to these Terms, You may not access or use the Services.

Terms of Use
We provide You with access to and use of the Services subject to Your compliance with the Terms. ASK-4-HELP.COM reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You represent and warrant to us that (a) You are at least 18 years old or have permission from a parent or legal guardian; (b) You have the right, capacity and authorization necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any information You submit to ASK-4-HELP.COM is correct and complete, and (f) any payment or credit card information You supply is correct.

Authorization to Access your Computer
You acknowledge that by your use of the Services you are authorizing ASK-4-HELP.COM to access and control your computer for the purposes of computer diagnosis, service and repair.
In connection with delivering the services, ASK-4-HELP.COM may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant ASK-4-HELP.COM the right to connect to your computer, download and use software on your computer to gather system data, repair your computer, take remote control of your computer and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree that ASK-4-HELP.COM has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.

Data Backup
ASK-4-HELP.COM DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ASK-4-HELP.COM OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.
ASK-4-HELP.COM DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

Scope of Services
You may initiate the Services via telephone or other means made available by ASK-4-HELP.COM. ASK-4-HELP.COM will use reasonable efforts to answer Your personal technology question and resolve Your personal technology problem for a fee as set forth in the Site or quoted on the telephone. Upon receiving the telephone call, ASK-4-HELP.COM may provide certain portions of the Services via remote control session, online chat or e-mail. We may set forth limits to the personal technology we support. Certain Services may have minimum system requirements.

YOU UNDERSTAND AND AGREE THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASK-4-HELP.COM DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. ASK-4-HELP.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS´ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.

Use of Software and Tools
ASK-4-HELP.COM may need to download and/or run software on Your personal computer to help diagnose and resolve Your personal technology problem. ASK-4-HELP.COM uses several types of software: the first type provides computer system information to ASK-4-HELP.COM which helps us diagnose and resolve Your personal technology problem, the second type allows ASK-4-HELP.COM to remotely control Your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help resolve Your personal technology problem.

You acknowledge and agree that use of all ASK-4-HELP.COM software and third party software and tools (accessed, downloaded or otherwise provided or made available with the Services (collectively "Software") are subject to the license agreements that may appear or be referenced when You access or download the Software. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You agree that we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the ASK-4-HELP.COM software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.

Customer Responsibilities
You must cooperate with ASK-4-HELP.COM and promptly respond to our requests for information and comply with our requests to take actions to resolve Your personal technology problem. You must consent to the downloading and use of Software on Your personal computer and accept all applicable license agreements for the Software.

Registration, Passwords and Security
In order to use certain Services, we may require that You register. During the registration process, You may be asked to designate, or we may designate for You, a user name and password. You are responsible for maintaining the confidentiality of any password or account information You receive from ASK-4-HELP.COM, and are responsible for all activities that occur using that password or other account information. You must notify ASK-4-HELP.COM immediately upon learning of any unauthorized disclosure or use of Your password or other account information. ASK-4-HELP.COM has no liability for any unauthorized use of the Services under Your account or on Your computer.

Fees and Payment
The applicable fees for the Services are available on the Site. The fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your selected Services, as well as any applicable taxes.

Service Availability
The Services may not always be available in Your time zone or geographic location.

Use of the Services
Your use of the Services is not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services.

Restrictions
You shall not: (a) "mirror" any Content on the Site on any other server without ASK-4-HELP.COM's prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of ASK-4-HELP.COM or its customers or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, or (e) engage in any activities that violate the personal privacy or publicity rights of others.

Modifications to the Services
We reserve the right, for any reason, in our sole discretion and without notice to You, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to You or to any third party for doing so.

Security
While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information You submit to us will be free from unauthorized intrusion.

International Use
You agree to comply with all applicable export laws and regulations, including without limitation, those of the United States Department of Commerce. You represent and warrant that You are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.

Proprietary Rights
ASK-4-HELP.COM respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. ASK-4-HELP.COM is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use of the Services, Software or Content, other than as expressly provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

Trademark Information
ASK-4-HELP.COM and, all ASK-4-HELP.COM's product names, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of ASK-4-HELP.COM. Such trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on the Site should be construed to grant any license or right to use any ASK-4-HELP.COM marks without the written consent of ASK-4-HELP.COM. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of ASK-4-HELP.COM and its products, or (2) an endorsement of the company or its products by ASK-4-HELP.COM.

Links from and to the Site
This Site may contain hyperlinks to Web sites that are not controlled by ASK-4-HELP.COM. ASK-4-HELP.COM is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these Web sites.
You may provide a link to the Site without the express written permission of ASK-4-HELP.COM. We reserve the right, however, to require termination of any such link to the Site, at our discretion at any time.

Dealings with Third Parties
Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that ASK-4-HELP.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or liability for the Services provided by ASK-4-HELP.COM.

TERMINATION
ASK-4-HELP.COM RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON AT ANY TIME AND INSTEAD REFUND THE FEES PAID FOR THE APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE TERMINATE FOR OUR CONVENIENCE, ASK-4-HELP.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT UPON TERMINATION ASK-4-HELP.COM MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO THE SERVICES.

INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ASK-4-HELP.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ASK-4-HELP.COM, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF ASK-4-HELP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF ASK-4-HELP.COM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR THE SERVICES AT ISSUE OR US$100.00.

Applicable Law; Arbitration; Jurisdiction
You agree that the laws of the state of Massachusetts, excluding its conflicts-of-law rules, shall govern these Terms. Except for actions for injunctive relief to protect ASK-4-HELP.COM's intellectual property, any dispute arising out of the Services shall be subject to binding arbitration in Middlesex County, Massachusetts. Such arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined with an arbitration involving any other party subject to these Terms through class arbitration proceedings or otherwise.
In the event ASK-4-HELP.COM seeks injunctive relief against You for breach of its intellectual property rights, You expressly agree that exclusive jurisdiction for any claim or dispute with ASK-4-HELP.COM or relating in any way to Your use of the Services resides in the state and federal courts of Middlesex County, Massachusetts, and You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Middlesex County, Massachusetts, in connection with any such dispute and including any claim involving ASK-4-HELP.COM.
You agree that, notwithstanding any statute of limitations or other law which provides otherwise, any claim or cause of action arising out of or relating to the Services, these Terms or the Site must be filed within one (1) year after such claim or action arose or be forever barred.

Electronic Communications
The information communicated on this Site constitutes an electronic communication. When You communicate with us through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
Notices and communications to ASK-4-HELP.COM must be sent to the applicable address given in these Terms or to customerservice@ask-4-help.com

General Information
This version of the Terms is effective as of March 9, 2007. The most current version of these Terms is available at ask-4-help.com/computers/terms.html. You should check these Terms periodically for modifications as we may modify the Terms from time to time without notice to You. By using the Services following any modifications to the Terms, You agree to be bound by such modifications. The Terms together with the Privacy Policy and any applicable license agreements constitute the entire agreement between You and ASK-4-HELP.COM and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and ASK-4-HELP.COM. The failure of ASK-4-HELP.COM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign the Terms or any of Your rights or obligations under the Terms without ASK-4-HELP.COM's express written consent. The Terms inure to the benefit of ASK-4-HELP.COM's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.