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THESE ARE THE TERMS AND CONDITIONS THAT APPLY TO ALL GOODS AND SERVICES SUPPLIED TO YOU BY TECHVEDIC. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS BECAUSETHEY INCLUDE EXCLUSIONS AND DISCLAIMERS IN RESPECT OF LIABILITY AND LOSS ARISING FROM THE SOFTWARES AND SERVICES SUPPLIED BY TECHVEDIC. AGREEMENT THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND Techvedic (THE "AGREEMENT"). You must agree to the Terms and Conditions in order to be eligible to use the Techvedic Portal (defined below), or obtain Services (defined below). If you choose not to submit a Plan Order, then the entire "Agreement" between you and Techvedic consists of these Terms and Conditions, Any additional terms mentioned for your plan order and the Privacy Policy 2. DEFINITIONS Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions. A. "You" means you individually, any person, including any employer that you are acting on behalf of. B. "Techvedic" is the service mark of India., a company registered in the New delhi(India) All references to Techvedic refer to Us to Techvedic. C. "SERVICES" AND "Techvedic" All references to "Services" refer to any Techvedic service plan that you enter into with Techvedic through use of the Techvedic Website located at http://www.techvedic.com (the "Techvedic") or by calling the Techvedic Computer support phone number mentioned on the Website. These Terms and Conditions govern all plans available through the Techvedic Website, and any use of the TechVedic Website. In the event of any conflict these Terms and Conditions control any Plan Order form that you submit requesting Services ("Plan Order"). D. "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 TechVedic Website are the proprietary and copyrighted work of TechVedic and/or its suppliers. The definition of "Materials" does not include the design or layout of the Techvedic.com Web site or any other TechVedic owned, operated, licensed or controlled site. E. "Software" means a computer program of any kind, whether owned by TechVedic 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. Software includes both TechVedic Software and Third Party Software. 3. SUBMISSION OF PLAN ORDERS; SERVICE PLANS You may order Services by submitting Plan Orders through the TechVedic Website, by email or chat communications, or by calling TechVedic. Once TechVedic accepts the Plan Order submitted by you, then you will receive an email from TechVedic at the email address that you provide or have provided to TechVedic as part of the Registration Process for the Services. TechVedic is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by TechVedic of a Plan Order, you will have a Service Plan. 4. UNDERTAKING Subject to the Terms and Conditions, and other terms specific to each Service Plan, TechVedic will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, TechVedic will attempt problem diagnosis and a solution over the telephone, through chat, email or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to TechVedic's Limited Warranty, which is set forth below. 7. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, 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 Service Plan. 8. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the TechVedic Website or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any TechVedic server, or the network(s) connected to any TechVedic server, or interfere with any other party's use and enjoyment of any of the TechVedic Website, the Materials, Software or Services. You may not attempt to gain unauthorized access to any TechVedic Website, the Materials, Software or Services, other accounts, computer systems or networks connected to any TechVedic server or to any of the TechVedic Website, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any TechVedic Website, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order. 9. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: TechVedic may offer unlimited support subscription plans, or include unlimited support for a certain period as part of a particular service plan. In such cases, each Subscriber's use of the support services are subject to TechVedic's "fair use" policy. Under this policy, if at any time, in TechVedic's sole discretion, a 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 TechVedic reserves the right to suspend or terminate Subscriber's Services. In addition, TechVedic reserves the right to suspend or terminate any Subscription Services of any Subscriber that TechVedic, 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. 10. SERVICES: PRICES AND SUBSCRIPTIONS TechVedic offers a range of services, descriptions and prices for which are indicated on our website: www.techvedic.com
. Subscription services may require minimum engagements. Subscribers of such services shall be required to make payment for the service at least through the end of the engagement period. The subscriptions are renewed automatically at the end of the engagement period, but may be cancelled at any time after that by contacting Customer Service. Your service shall continue until the end of the month in which such cancellation is requested and confirmed. 11. USE OF COMMUNICATIONS SERVICES You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: ·Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). ·Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. ·Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. ·Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. ·Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. ·Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another. ·Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. ·Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. ·Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded. ·Restrict or inhibit any other user from using and enjoying the Communication Services. ·Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. ·Harvest or otherwise collect information about others, including e-mail addresses. ·Violate any applicable laws or regulations. ·Create a false identity for the purpose of misleading TechVedic or others. ·Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof. TechVedic has no obligation to monitor the Communication Services. However, TechVedic reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TechVedic reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. TechVedic reserves the right at all times to disclose any information as TechVedic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TechVedic' s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. 12. LINKING You may not create hyperlinks to any portion of the TechVedic Website, nor any Materials or Software posted therein without written permission. 13. INDEMNITY You agree to indemnify, defend, and hold TechVedic, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in TechVedic's defense of any claim. TechVedic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TechVedic. You agree immediately to notify TechVedic of any unauthorized use of your account or any other breach of security known to you. 14. GUESTS; LIMITED LICENSE TO USE OF TechVedic Website If you are not currently subscribed for a Service under a valid Plan Order, then you are regarded as a "Guest". Usage of the TechVedic Website by current TechVedic 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 TechVedic Website and Materials (defined below) specifically designated as available to guests on the TechVedic Website for the limited purposes of (a) deciding whether to subscribe to the Services provided by TechVedic, (b) registering with TechVedic and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license. 15. COMMUNICATIONS SERVICES TechVedic 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 TechVedic's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose. 16. LIMITED LICENSES TO USE THE WEBSITE MATERIALS AND SOFTWARE As permitted through a Service, you may use Materials and Software (as defined below) posted on the TechVedic Website, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions. 17. GENERAL LICENSE RESTRICTIONS Any other use of the TechVedic Website, Services, Materials or Software, other than as explicitly permitted by TechVedic is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to TechVedic and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited. 18. USER RESPONSIBILITY In connection with obtaining Services, you agree that you will: ·Cooperate with the TechVedic 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: oThe situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals; oYou must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; oThe full system, including software and hardware, is available to you and accessible by you without limit during any telephone or instant chat discussions with TechVedic support personnel. ·Software/Data Backup: You understand and agree that TechVedic shall under no circumstance be responsible for any lost or corrupted software or data. TechVedic strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. ·Account, Password, and Security: For you to submit a Plan 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. If you are asked to 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 TechVedic immediately of any unauthorized use of your account or any other breach of security. TechVedic 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 TechVedic 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. 19. FORCE MAJUERE You hereby acknowledge that circumstances outside of TechVedic'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 TechVedic's ability to schedule a support session. You hereby release TechVedic from any and all liability, and agree that TechVedic shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. TechVedic 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. 20. EXCLUSIONS FROM "SERVICES" "Services" shall not include the following: ·any item or activity not covered by the terms of a Plan Order; ·service beyond the duration limitations identified in your Plan Order; ·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 Service Plan; ·Problems that may and do result from: oExternal causes such as accident, abuse, misuse, or problems with electrical power; oUsage that is not in accordance with product instructions provided by manufacture; oFailure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or oProblems caused by using accessories, parts, or components not compatible with the product. oNon Compliance with the TechVedic technician instructions for resolving the query. 21. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE TechVedic Website, OR THROUGH A SERVICE For your convenience, TechVedic 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 Plan 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 TechVedic Web site may be copied or retransmitted unless expressly permitted by TechVedic. 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. 22. END USER LICENSE AGREEMENTS (EULA) - GENERALLY In connection with our Service, we may provide to you, the use of certain software which is owned by Techvedic 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 TechVedic or a third party. Your use of the Software is governed by the terms of that license agreement and by 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. 23. EULA FOR TechVedic SOFTWARE With regard to any Software made available to you by TechVedic through the TechVedic Website for which your acceptance of a separate license agreement is not required ("TechVedic Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by TechVedic to use the TechVedic 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 TechVedic Software. You agree that the TechVedic Software is the confidential and proprietary information of TechVedic 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 technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TechVedic Software, or otherwise reduce the TechVedic 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 TechVedic 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 TechVedic Software. You acknowledge that this license is not a sale of intellectual property and that TechVedic 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 TechVedic Software and related documentation, as well as any corrections, updates and upgrades. 24. THIRD PARTY SOFTWARE As part of the Services, TechVedic 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 TechVedic assists you in the acquisition, installation, and/or use of Third Party Software. TechVedic 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 TechVedic Software shall remain in full force and effect unless and until terminated by TechVedic, 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 Service Plan for any reason, you must cease all use of the Service Plan and the TechVedic Software and immediately delete the TechVedic 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. 25. THIRD PARTY AGREEMENTS As part of the Services, TechVedic 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 TechVedic may elect to make available from time to time. Violation of such third party provider's terms of service may, in TechVedic's sole discretion, result in the termination of your customer account and use of service. 26. WARRANTIES TechVedic is a virus removal and tune-up service designed to improve the performance of your computer and it will aim to resolve performance-related issues to your satisfaction. TechVedic 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. TechVedic 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. TechVedic 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 TechVedic 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. 27. LIMITATION OF LIABILITY Notwithstanding anything to the contrary, in no event shall TechVedic be liable to you in excess of the amounts actually paid by you to TechVedic under the Plan Order that is the subject of the dispute. 28. LIMITATIONS ON ACTIONS Any cause of action by you must be commenced within thirty (30) days after the cause of action arose or it shall be forever waived and barred. 29. TERM AND TERMINATION TechVedic at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of TechVedic: (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, TechVedic's network, or the use and enjoyment of TechVedic's other users; (c) TechVedic receives an order from a court to terminate the Service you are availing ; (d) if TechVedic for any reason ceases to offer the Service; (e) if you are no longer a TechVedic customer, (f) TechVedic determines that you are abusing the Service or (g) for non-payment of subscription service. TechVedic, 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. 30. 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. TechVedic'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. 31. NO OFFER The TechVedic Website is available internationally and may contain references to TechVedic products, services, and programs that are not available in a viewer's country. These references do not imply that TechVedic intends to make such products, services, or programs available in such country. 32. MODIFICATION TechVedic reserves the right to amend the Terms and Condition, and the TechVedic Website at any time by (a) posting a revised version of the Terms and Conditions on the TechVedic Website (http://www.techvedic.com), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to TechVedic in connection with registration. You are responsible for regularly reviewing the TechVedic website to be notified of any amendments to the Terms and Conditions. Your use of the TechVedic Website, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions. 33. 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 New Delhi (India) without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction. If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to contact@techvedic.com Discuss your specific needs with our expert technician for free: Complete the form on our Home or Contact pages. We'll contact you promptly. Or you may also contact us by: Phone within United States: (local rate) Phone from outside United States: e-mail: contact@techvedic.com
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