AlwaySupport Inc. (“AlwaySupport”) provides AlwaySupport.com and its related services (“Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully. AlwaySupport Inc. reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.alwaysupport.com/terms/ Violation of any part of the Terms of Service will result in termination of your account.
Account Terms 1. You must be 13 years or older to use this Service. 2. You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process. 3. You are responsible for maintaining the privacy and security of your account. AlwaySupport will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. 4. AlwaySupport may communicate with you via email regarding your account, system updates, or other issues related to your account. 5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account). 6. AlwaySupport may refuse service to anyone for any reason at any time.
Payment and Access 1. Except for plans that are Free, AlwaySupport will charge you a standard monthly fee based on your account plan. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made. 2. Should you upgrade or downgrade your account plan, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every 30 days thereafter unless you cancel your account.
Modifications to the Service and Fees 1. AlwaySupport reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. 2. AlwaySupport reserves the right to change our monthly fees upon 30 days’ notice from us. Fee change notices may be posted to the Service or on the AlwaySupport website: http://www.alwaysupport.com
Cancellation and Termination 1. You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Account Settings link in the Admin page. The Account screen provides a simple link to cancel your account. Email or phone requests to cancel your account will not be deemed cancellation. 2. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again. 3. AlwaySupport reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if AlwaySupport believes that You have violated these TOS. AlwaySupport will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. AlwaySupport shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
Copyright and Ownership 1. AlwaySupport or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which AlwaySupport or its suppliers own. 2. AlwaySupport claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
General Conditions 1. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service. 2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of AlwaySupport. 3. AlwaySupport will maintain commercially acceptable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards include encryption of your Content in transmission (using SSL or similar technologies), which you may link to through the Service at Your election. 4. You may not use the service to transmit any viruses, worms, or malicious content. 5. AlwaySupport makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. 6. AlwaySupport its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service. 7. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. 8. AlwaySupport may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 9. The failure of AlwaySupport to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and AlwaySupport as to the Service and supercedes any prior agreements between you and AlwaySupport (including, but not limited to, prior versions of the Terms of Service). 10. Any questions regarding the Terms of Service should be addressed to email@example.com.
Export Compliance 1. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
Governing Law 1. These TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your access to or use of the Service.