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The following
are the terms and conditions for use of Clean
Machine services. Please read them carefully.
Our Service is offered to you with the condition
you accept without modification the terms and
conditions contained herein. Clean Machine may
change the Terms of Service at any time. You understand
that by using the Service after a change becomes
effective, you have agreed to it. By purchasing
Service from clean Machine, you are indicating
your agreement to be bound by all of the terms
and conditions set forth in this document.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS
REGARDING YOUR USE OF Clean Machine’s COMPUTER
SUPPORT SERVICE AND YOUR RELATIONSHIP WITH Clean
Machine. YOU SHOULD READ THEM CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS
AND OURS
1. GENERAL
These Terms of Service (the "Agreement")
are entered into by and between the customer ("you",
"your" or "Subscriber") and
Clean Machine International, Inc. ("Clean
Machine", "us" or "we").
You are deemed to have accepted this Agreement
upon the earlier of: (a) your submission of an
online or telephone order; (b) your accepting
the Terms of Service electronically during registration
or in the course of initiating a support session
whether online, by telephone or on-site (see Paragraph
4); (b) your use of the Service (see Paragraph
2); or (d) your retention of the Software we provide
beyond 30 days following delivery or download.
This Agreement is made up of the terms below,
plus the Privacy Policy,
all attachments to this Agreement, and the other
policies and materials specifically referred to
in these Terms of Service, all of which are incorporated
herein by reference. The Agreement and related
policies are also set forth on the Clean Machine
website (http://www.pccleanmachine.com) ("Website").
The Agreement sets forth the terms and conditions
under which you agree to use the Service, and
under which Clean Machine agrees to provide the
Service to you. You may also receive a paper copy
of this Agreement either by telephoning Clean
Machine at 908-448-7015 or by
writing to us at Clean Machine, 88 Roxiticus Road,
Far hills, NJ 07931 Attention: Customer Service.
2. DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service"
shall mean the Clean Machine service, including
all Software (as defined in Paragraph 9 below),
technical support, usenet newsgroups, email and
other features, products and services provided
by Clean Machine under the service option that
you have selected. The Service may be referred
to as, "Virtual On-Site Computer Support
Service", "On-Site Computer Support
Service", "Remote Computer Support"
or "Clean Machine Computer Help".
3. AUTHORIZED USER, USE, AND RESPONSIBILITIES
3.1 You acknowledge that you are 18 years of
age or older, and you agree that you have the
legal authority to enter into this Agreement and
affirm that the information you supply to us is
correct and complete. You understand that Clean
Machine relies on the information you supply and
that providing false or incorrect information
may result in Service withholding or delays or
the suspension or termination of your customer
account. You agree to promptly notify Clean Machine
whenever your personal or billing information
changes (including for example, your name, address,
telephone number, and credit card number and expiration
date).
3.2 You agree that you are responsible for all
use on your account, including any secondary accounts
or sub-accounts registered to your primary account.
You understand this means that you accept full
liability and responsibility for the actions of
anyone who uses Service via your account, or any
secondary accounts, with or without your permission.
3.3 If you pre-purchase or subscribe to any Clean
Machine Services:
You may not resell the Service, use it for high
volume purposes, or engage in similar activities
that constitute such (commercial or non-commercial),
or use it as a virtual support center, as determined
solely by Clean Machine.
4. PRIVACY POLICY
Clean Machine will treat your personal information
in accordance with its current Privacy Policy,
subject to change from time to time. You agree
to the terms of the Privacy Policy, which describes
Clean Mahine's use and disclosure of information
about your account and your use of the Service.
5. AVAILABILITY OF SERVICE
5.1 Some personal computers may not be available
to receive the Service even if initial testing
showed that your connection was qualified. For
Support, we will qualify your line for the maximum
line rate available to your location based on
our standard line qualification procedures. All
Services are provided on an AS IS basis. Line
rate, access and availability of Service are not
guaranteed.
5.2 Clean Machine 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
6. SOFTWARE LICENSES AND THIRD PARTY
SERVICES
6.1 In connection with our Service, we may provide
to you, via download, CD, other media, or other
delivery the use of certain software which is
owned by Clean Machine or its third party licensors,
providers and suppliers, and which may be provided
free or for a fee, including client and/or network
security software ("Software"). We 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 and for no other purpose.
6.2 The Software may be accompanied by an end
user license agreement from Clean Machine 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 an end user license agreement unless
you first agree to the terms and conditions of
the end user license agreement.
6.3 With regard to any Software which is not
accompanied by an end user license agreement,
you are hereby granted a revocable, non-exclusive,
non-transferable license by Clean Machine or its
third party licensors, providers or suppliers,
to use the Software (and any corrections, updates
and upgrades). You may not make any copies of
the Software. You agree that the Software is the
confidential information of Clean Machine or its
third party licensors, providers or suppliers,
which you shall not disclose to others or use
except as expressly permitted herein. The Software
contains copyrighted material, trade secrets,
patents, and proprietary information owned by
Clean Machine or its third party licensors, providers,
or suppliers. You may not de-compile, reverse
engineer, disassemble, attempt to discover any
source code or underlying ideas or algorithms
of the Software, or otherwise reduce the 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 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 Software. You acknowledge that this license
is not a sale of intellectual property and that
Clean Machine 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 Software and related documentation,
as well as any corrections, updates and upgrades.
6.4 We provide technical assistance and support
for the Software in accordance with our policies.
Technical assistance or support with regard to
third party software provided by the Software
supplier is solely provided in accordance with
such third party's policies or other terms.
6.5. Your license to use the Software shall remain
in full force and effect unless and until terminated
by Clean Machine, its third party licensors, providers
or suppliers, or until your customer account is
terminated. Upon termination of your customer
account for any reason, you must cease all use
of the Software and immediately delete the Software
from your computer.
6.6 Other Third Party Agreements: If you subscribe
to or otherwise use any third party services offered
by or through Clean Machine your use of any such
services is subject to the terms of services 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
Clean Machine may elect to make available from
time to time. Violation of such third party provider's
terms of service may, in Clean Mahine's sole discretion,
result in the termination of your customer account
and use of service.
7. TERM AND TERMINATION
7.1 Effective Date and Term. This Agreement goes
into effect upon your acceptance of this Agreement
as set forth in Paragraph 1 and shall continue,
subject to the terms of this Paragraph 12, until
terminated by either party as permitted by this
Agreement. Billing for your virtual on-site/remote,
on-site or telephone computer support service
will apply on an 'as used' basis.
7.2 Termination of Service.
7.2.1 Pay-as-you-go Service. If you are a pay-as-you-go
service customer, either you or Clean Mahine may
terminate this Agreement without cause by giving
notice to the other party. Termination by you
will be effective upon your notice to Clean Machine.
Activation or set-up fees paid at the initiation
of your service, if any, are not refundable. Termination
by Clean Machine shall be effective thirty (30)
days after the date of notice to you, except as
otherwise provided in this Agreement. In the event
of termination by Clean Machine, for any reason,
you will be required to pay the remaining balance
of the charges applicable to your Service through
the effective date of termination.
7.2.2 Termination and/or Suspension by Clean
Machine. If, in the sole discretion of Clean Machine:
(a) you are in breach of any of the terms of this
Agreement (including but not limited to all policies
regarding abuse and acceptable use of the Service);
(b) your use of the Service is prohibited by law
or is disruptive to, adversely impacts or causes
a malfunction to the Service, Clean Machine’s
network, or the use and enjoyment of other users;
or (c) Clean Machine receives an order from a
court to terminate your Service; (d) if Clean
Machine for any reason ceases to offer the Service;
or (e) if you are no longer a Clean Machine customer,
then Clean Machine at its sole election may terminate
or suspend your Service immediately without notice.
7.2.3 Terminated Account. Clean Machine, in its
sole discretion, may refuse to accept your request
for service, renewal or re-subscription following
a termination or suspension of your use of the
Service.
8. PRICING AND PAYMENT
8.1 Pricing and Fees. Clean Machine fees and
charges for the Service(s) you select are supplied
to you during the ordering process and are available
on the Clean Machine web site unless otherwise
provided for in this Agreement. You agree to pay
the charges applicable to your selected Service
plan, as well as any, applicable taxes and other
charges including but not limited to activation
fees, minimum service fees, no-show fees, fail
to cancel fees, termination fees, other nonrecurring
charges and set-up fees. You also agree to pay
any additional charges or fees applied to your
billing account for any reason, including but
not limited to, interest, and charges due to insufficient
credit or insufficient funds. Set up fees, activation
fees, installation fees and other non-recurring
fees, if applicable, will be included in your
first bill. Subscription plans will be billed
in three month increments; usage charges will
be billed in arrears, and pre-purchase plans will
be billed in advance, if applicable. Clean Machine
or its agent will bill you directly, or charge
your credit card, as you request and as approved
by Clean Machine.
8.2 Discontinuation of Service for Nonpayment.
Service to you may be denied or discontinued without
notice at any time in the the placement of Service
charges on your credit card, or your credit card
provider denies or discontinues providing credit
to you for any reason, or you fail to make payment
when due or provide us with a new credit card
expiration date before the existing one expires.
8.3 Late Fees. If any portion of your bill is
not paid by the due date, Clean Machine may charge
you a late fee on unpaid balances and may also
terminate or suspend your Service without notice.
The late fee will be the lesser of five percent
(5%) per month, or the highest rate permitted
by law. In the event Clean Machine utilizes a
collection agency or resorts to legal action to
recover monies due, you agree to reimburse us
for all expenses incurred to recover such monies,
including attorneys' fees.
8.4 Local telephone, Toll and Long Distance Charges.
Whether you are accessing the Service from your
home or away from your home, you are responsible
for all telephone charges.
8.5 You have the option to change your Service(s)
at any time by notifying us, provided that you
qualify for and comply with any requirements of
that Service.
8.6 Service Without Resolution. Clean Machine
will make every attempt to troubleshoot, analyze,
assess, correct or otherwise fix your computer
or network problem. If Clean Machine is unable
to resolve your computer problem, you will still
be liable for charges for time spent by Clean
Machine in an attempt to correct a problem.
8.7 Unable to Create Online Connection. No charges
or fees will be applied if Clean Machine cannot
connect with your computer in attempt to provide
virtual on-site (remote) computer support service.
8.8 The waiver of any fees or charges lies solely
at the discretion of Clean Machine.
8.11 Clean Machine reserves the right to charge
service fees to a customer's credit card up to
eight (8) weeks after the conclusion of service.
9. LIMITATIONS ON USE OF THE SERVICE
9.1 You agree that your use of the Service and
the Internet, without limitation, is your sole
responsibility, is solely at your own risk, and
is subject to all applicable local, state, national
and international laws and regulations.
9.2 You agree that the Internet is not owned,
operated or managed by, or in any way affiliated
with Clean Machine and Clean Machine or its partners
and affiliates are not responsible and has no
control over the information or materials accessible
via the Internet through use of the Service. You
further agree that Clean Machine does not own
or control all of the various facilities and communications
lines through which service may be provided, nor
does Clean Machine guarantee access to or through
websites, servers or other facilities on the Internet,
whether or not such facilities are owned or controlled
by Clean Machine.
9.3 You agree that Clean Machine cannot and does
not guarantee or warrant that data available for
downloading through the Service will be free of
defects, infection or viruses, worms, Trojan horses
or other code that manifest contaminating, malicious
or destructive properties. You are responsible
for implementing adequate procedures to satisfy
your particular requirements for accuracy of data
input and output and for maintaining a means external
to the Service for the reconstruction of any lost
data.
9.4 You agree that the Internet is not a secure
network and that third parties may be able to
intercept, access, use, or corrupt the information
you transmit or receive over the Internet. Clean
Machine and its partners and affiliates are not
responsible for invalid destinations, transmission
errors, or corruption or security of your data.
9.5 You are not authorized to use any Clean Machine
name or mark as a hypertext link to any Clean
Machine Web site or in any advertising, publicity
or in any other commercial manner without the
prior written consent of Clean Machine. You understand
that your ability to link to a Web site through
the Service does not, in any way, represent or
imply Clean Machine's approval of, or its determination
of the quality of that product or service, and
that links are provided for your convenience only.
The links provided through the Service are maintained
by their respective organizations, which are solely
responsible for their content.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE
SUPPLIED HEREUNDER IS PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITH
ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET
FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY
SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY
EQUIPMENT OR SOFTWARE PROVIDED BY Clean Machine
(BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH
EQUIPMENT OR SOFTWARE), Clean Machine (AND ITS
OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND
AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS
AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS
(GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE
SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY
OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING
FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING
UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN
BY Clean Machine OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY. USE OF Clean Machine COMPUTER
SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
10.2 Clean Machine DOES NOT WARRANT THAT THE
SERVICE PROVIDED BY Clean Machine WILL PERFORM
AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT
RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE,
OR FREE OF VIRUSES, WORMS, OR THE LIKE. Clean
Machine SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA,
OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES
REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT,
RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS
PERFORMANCE. Clean Machine MAKES NO WARRANTY REGARDING
ANY TRANSACTIONS EXECUTED USING THE SERVICE OR
THE INTERNET. Clean Machine MAKES NO WARRANTY
REGARDING THE CONTENT AND INFORMATION ACCESSED
BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU
EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR
USE OF THE SERVICE AND THE INTERNET GENERALLY.
DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES
WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT,
OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
10.3 IN NO EVENT SHALL Clean Machine (OR ITS
OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR
AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS
OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A)
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA
ARISING OUT OF THE USE, PARTIAL USE OR INABILITY
TO USE THE SERVICE, REGARDLESS OF THE TYPE OF
CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT,
TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF
Clean Machine HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST
YOU BY ANY OTHER PARTY.
10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN
THIS PARAGRAPH ALSO APPLY TO Clean Machine'S THIRD
PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING
GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE
MAXIMUM FOR WHICH Clean Machine (AND ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES),
PLUMCHOICE'S THIRD PARTY LICENSORS, PROVIDERS
AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY
RESPONSIBLE.
10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS
AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS
(SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU.
10.7 Clean Machine RESERVES THE RIGHT TO PURSUE
ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST
YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE
OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING
ANY POLICIES RELATING TO THE SERVICE.)
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless
Clean Machine from and against all liabilities,
costs and expenses, including reasonable attorney's
fees, related to or arising from: (a) any violation
of applicable laws, regulations or this Agreement
by you (or any parties who use your account, with
or without your permission, to access the Service);
(b) the use of the Service or the Internet or
the placement or transmission of any message,
information, software or other materials on the
Internet by you (or any parties who use your account,
with or without your permission, to access the
Service); (c) negligent acts, errors, or omissions
by you (or any parties who use your account, with
or without your permission, to access the Service);
(d) injuries to or death of any person and for
damages to or loss of any property, which may
in any way arise out of or result from or in connection
with this Agreement, except to the extent that
such liabilities arise from the active negligence
or willful misconduct of the other party; or (e)
claims for infringement of any intellectual property
rights arising from the use of the Service, Software,
or the Internet.
12. NOTICES
12.1 Notices required under this Agreement by
you shall be provided to the Customer Service
Department. Notices by Clean Machine to you shall
be deemed given: (a) when sent to your registered
email address, or (b) when deposited in the United
States mail addressed to you at last-known address
or (c) when hand delivered to your home, as applicable.
Notice of changes to this Agreement and these
Terms of Service will be deemed given upon posting
to the pages on the Website.
12.2 With regard to electronic communications,
you and Clean Machine further agree that: (a)
the User ID and/or alias of a sender, contained
in an electronic communication ("email'),
is legally sufficient to verify the sender's identity
and the authenticity of the communication; (b)
an email sent containing your User ID and/or alias
establishes you as its originator and has the
same effect as a document with your written signature
on it; and (c) an email or any computer printout
of it, is a valid proof of the validity of the
original content of the electronic communication.
13. GENERAL PROVISIONS
13.1 All obligations of the parties under this
Agreement, which, by their nature, would continue
beyond the termination, cancellation or expiration
of this Agreement, including by way of illustration
and not limitation, those clauses relating to
Software Licenses, Warranties and Limitation of
Liability, and Indemnification, shall survive
such termination, cancellation or expiration.
13.2 Clean Machine will not be liable for delays,
damages or failures in performance due to causes
beyond its reasonable control, including, but
not limited to, acts of a governmental body, acts
of God, acts of third parties, fires, floods,
strikes or other labor-related disputes, of other
things we do not control, or an inability to obtain
necessary equipment or services.
13.3 You agree not to assign or otherwise transfer,
this Agreement in whole or in part, including
the Software or your rights or obligations under
it. Any attempt to do so shall be void. We may
assign all or any part of this Agreement without
notice and you agree to make all subsequent payments
as directed.
13.4 You and Clean Machine agree that the substantive
laws of the State of New Jersey, without reference
to its principles of conflicts of laws, will be
applied to govern, construe and enforce all of
the rights and duties of the parties arising from
or relating in any way to the subject matter of
this Agreement. YOU AND Clean Machine CONSENT
TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND
VENUE IN A COURT LOCATED IN Morris County, NJ
FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN
ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT
MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except
as otherwise required by law, including NJ laws
relating to consumer transactions, any cause of
action or claim you may have with respect to the
Service must be commenced within one (1) year
after the claim or cause of action arises or such
claim or cause of action is barred.
13.5 In the event of a conflict between this
Agreement and any applicable tariff, the tariff
shall prevail. We reserve the right to modify
the Service to reflect any change in any applicable
tariff or underlying network service or component
affecting the Service.
13.6 Clean Machine's failure at any time to insist
upon strict compliance with any of the provisions
of this Agreement in any instance shall not be
construed to be a waiver of such terms in the
future. If any provision of this Agreement is
determined to be invalid, illegal or unenforceable,
the validity, legality, and enforceability of
the remaining provisions shall not in any way
be affected or impaired thereby, and the unenforceable
portion shall be construed as nearly as possible
to reflect the original intentions of the parties.
13.7 This Agreement, including all Attachments
and all other policies posted on the Website,
which are fully incorporated into this Agreement
either by attachment or by reference, constitutes
the entire agreement between you andClean Machine
with respect to the subject matter hereto and
supersedes any and all prior or contemporaneous
agreements whether written or oral. Any changes
by you to this Agreement, or any additional or
different terms in your purchase orders, acknowledgements
or other documents, written or electronic, are
void.
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