Terms of Service
1. CONTRACT FOR SERVICE
This is a contract between you and Cyber Fix Security. We are Cyber Fix Security, based in Barrie, Canada or, based on where you live, an Cyber Fix Security affiliate. We will refer to ourselves in this contract as either “Cyber Fix Security”, “we” or “our.” You are an individual person.
Cyber Fix Security Remote Support Service includes any services, software, machines, support, content and other media, updates or upgrades to Cyber Fix Security. We refer to all of these in this contract as the “Service.” The Service does not include any services, interactions, or dealings you may have with third parties (for example, “Specialists” and “Customers”) transmitted by or through Cyber Fix Security Services. You are solely responsible for your interactions with third parties.
2. HOW WE MAY MODIFY THIS CONTRACT
We may change this contract at any time. You must review this contract on a regular basis. You can find the most recent version of the contract at www.cyberfixsecurity.ca/terms-of-service. The changed contract is in effect right away. If you do not agree to changes in the contract, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed contract.
3. HOW YOU MAY ACCESS AND USE THE SERVICE
You are responsible for all activity associated with use of the Service. You must notify Cyber Fix Security right away of any use of your Service that you did not authorize or any breach in security known to you that relates to the Service.
You may not use any automated process or service to access and/or use the Service such as a BOT, a spider, sniffer or periodic caching of information stored by Cyber Fix Security. You may not use any software or services with Cyber Fix Security Service which modifies or reroutes, or attempts to modify or reroute, the Service. You may also not use any software or hardware that reduces the number of users directly accessing or using the Service (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware).
4. WHAT YOU MAY NOT DO WITH THE SERVICE
The privacy, safety and security of our Service and the users of our Service are very important to us. You may not use the Service in any way that could harm the Service, other Service users, Cyber Fix Security or our affiliates. Some examples of harmful activity that we do not permit include:
- Attempting to gain or gaining access to any accounts, computers or networks without authorization.
- Disrupting accounts, computers or networks related to the Service.
- Obtaining or trying to obtain any data through any means from the Service, except if we intend to provide or make it available to you.
- Using access to the Service to obtain any data to design, develop or update unauthorized software that you use or provide to others to access or use the Service.
You may not use the Service in any way that is against the law. You may not use the Service to send or receive messages or materials that are inappropriate or violate the intellectual property rights of Cyber Fix Security or others. Some examples of types of material and messages that we do not permit include:
- Using the Service to gain unauthorized access to computers, the contents of a computers' hard drive, its configuration or other information.
- Using the Service to allow another person or entity to gain access to a computer, the contents of a computer.s hard drive, its configuration or other information.
- Using the Service to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
- Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
- Creating a false identity for the purpose of misleading others.
- Sending or otherwise making available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
- Sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
- Downloading any material sent by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Using, downloading or otherwise copying, or providing to a third party (whether or not for a fee) any (i) directory of users of the Service, (ii) information about users of the Service; or (iii) Service usage information.
- Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin of source of software or other material contained in a file that is transferred.
- Violating any code of conduct or other guidelines which may be applicable to the Service.
- Using any portion of the Service to harvest or otherwise collecting information about others, including e-mail addresses.
We consider your use of the Service, including the content of your communications, to be private. We do not routinely monitor your communications or disclose information about your communications to anyone. However, we may monitor your communications and disclose information about you, including the content of your communications, if we consider it necessary to: (1) comply with the law or to respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of Cyber Fix Security, its employees, its customers, or the public.
6. CONTENT AND THIRD PARTY SITES AND SERVICES
We may provide some content on the Service. Third parties may also provide some content. We are not responsible for any third party content you access with the Service. The Service may let you connect with third-party Web sites, computers, and Web services. We provide this content as a convenience to you, but we do not control third-party content and we are not responsible for them. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.
We may provide you with software to use with the Service. If you receive software from us, your use of that software is under the terms of the license that is presented to you for acceptance for such software. If there is no license presented to you, then we grant you the right to use the software only for the authorized use of the Service. We reserve all other rights to the software. Instant Housecall or its suppliers own the title, copyright, and other intellectual property rights in such software.
You will not disassemble, decompile, or reverse engineer, any software or any machine included in the Service, except and only to the extent that such activity is expressly permitted by applicable law.
8. CYBER FIX SECURITY MAKES NO WARRANTIES
CYBER FIX SECURITY PROVIDES THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBER FIX SECURITY, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, AN “CYBER FIX SECURITY PARTY” AND COLLECTIVELY, THE “CYBER FIX SECURITY PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CYBER FIX SECURITY PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CYBER FIX SECURITY PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SERVICE, EVEN IF SUCH CYBER FIX SECURITY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CYBER FIX SECURITY PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
10. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
WE MAY CHANGE THE SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS 8 AND 9, THE CYBER FIX SECURITY PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, CYBER FIX SECURITY IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE SERVICE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH USE OF THIS SERVICE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9, 10 OF THIS CONTRACT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION OF SERVICE
Unless you, or a third party on your behalf, have a separate written contract with CYBER FIX SECURITY that modifies this contract, then we may terminate or suspend your Service at any time. Our termination or suspension may be without cause and/or without notice. Upon Service termination, your right to use the Service stops right away. ONCE THE SERVICE IS CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON THE SERVICE MAY NOT BE RETRIEVED LATER.
You may terminate this Agreement by providing written notice to Instant Housecall via e-mail to email@example.com, written from the e-mail address you used when you signed up. Such termination will be effective on the last day of the term, subject to fifteen (15) days prior written notice. We will provide you with written confirmation of receipt of your termination request within 48 hours. You must cease any further use of the Service and destroy any copies of associated software within your possession and control.
You agree that Cyber Fix Security may charge to your credit card or other payment mechanism selected by you and approved by Cyber Fix Security (“your account”) all amounts due and owing for the Services. We may change prices at any time without prior notice. you agree that in the event Cyber Fix Security is unable to collect the fees owed to us for the Services through your Account, we may take any other steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Cyber Fix Security in connection with such collection activity, including collection fees, court costs and attorney’s fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. Delinquent payements will be reported to the credit bureau.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this contract is with Instant Housecall Inc., then claims for breach of this contract will be subject to the laws of the Ontario, without reference to conflict of laws principles. If this contract is with an Instant Housecall affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such Instant Housecall affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your province of residence in Canada, or, if you reside outside Canada, under the laws of the country to which your use of the Service is directed.
If this contract is with Cyber Fix Security, you consent to the exclusive jurisdiction and venue of courts in Barrie, Ontario, Canada for all disputes relating to this contract or the Service. If this Contract is with an Cyber Fix Security affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Cyber Fix Security affiliate for all disputes relating to this contract or the Service. You cannot revoke this consent.
14. INTERPRETING THE CONTRACT
All parts of this contract apply to the maximum extent permitted by applicable law. A court may hold that a part of this contract cannot be enforced as it is written. If this happens, then that part will be replaced by terms that most closely match the intent of the part that cannot be enforced. The rest of this contract will not be changed. This is the entire contract between us regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in effect (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
Cyber Fix Security may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may terminate your Service. The other party may then establish a Service account and enter into a contract with us.
16. CYBER FIX SECURITY’S NOTICES TO YOU; CONSENT REGARDING ELECTRONIC NOTICES
We may give you any data regarding the Service in electronic form. We may provide such data to you via e-mail at the e-mail address you specified when you registered for the Service. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.
17. INTELLECTUAL PROPERTY NOTICES
All contents of any Cyber Fix Security website related to the Service are: Copyright © 1998-2015 Cyber Fix Security. and/or its suppliers. All rights reserved.
Cyber Fix Security is a registered trademark of Cyber Fix Security Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
All Third Party Software is licensed in accordance with a separate license agreement(s) included with the Software. You agree to abide by all of the terms and conditions of such Third Party Software license agreement(s). To the extent that any such Third Party Software license terms conflict with your rights granted hereunder or the restrictions imposed, such license terms shall control over the conflicting provision of this EULA solely with respect to such particular Third Party Software.
Cyber Fix Security may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service. Unless we have granted you licenses to our intellectual property in this contract, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.