SERVICE TERMS

Supportacus Terms of Service

These Terms of Service (these “Terms of Service”), govern the terms and conditions of your access and use of the web-based service request management service named Supportacus (the “Service”) offered by Digital Nexus Technologies, Inc. (“we,” “us” or “our”), and are a legal agreement made between you (“you” or “yourself”) and us.

However, if you have registered as or on behalf of an entity, such as a corporation, partnership, limited liability company or other entity, the terms “you” refers to the entity, and you represent and warrant that you have power and authority to enter into these Terms of Service on behalf of the entity.  If you have been provided with a user name and password issued on behalf of an entity, you agree to perform on behalf of such entity in accordance with these Terms of Service.  User names and passwords may not be shared. 

By selecting the "Accept" button or by using the Service, you confirm your acceptance of, and agree to be bound by, these Terms of Service.  

1. Your Responsibilities

a. You agree to provide true, current and complete information about yourself on the Service’s online and offline registration forms, and to maintain and promptly update such information.  It is your responsibility to (a) obtain and pay for all equipment and third-party services (e.g., computer and Internet access) required for you to access and use the Service and (b) maintain the security of your password.  You agree to notify us immediately of any unauthorized use of your password or any other breach of security known to you.

b. We have no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any information, data, text, software, music, audio, photographs, graphics, video, messages, tags, or any other materials ("Content"). Accordingly, you hereby waive any and all rights or remedies you may have against us with respect thereto, and shall indemnify and hold harmless us and our suppliers regarding all matters related to your use of the Service. 

c. You agree not to, directly or indirectly: 

      1. use the Service in any way that is unlawful, tortious, or otherwise could result in civil or criminal liability.
      2. transmit any Content prohibited by intellectual property (e.g., patent, copyright, trademark, trade secret, or privacy and publicity) or other laws (such as export control, consumer protection, unfair competition, or false advertising), unless you are the owner or have permission to use such Content or exercise such rights; advertise or offer to sell any goods or services for any commercial purpose without our written consent.
      3. send or otherwise post unauthorized commercial or bulk communications (such as spam) on or via the Service. 
      4. collect users' content or information, or otherwise access, monitor or copy all or any part of the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission, except as permitted by the functionality of the Service.
      5. create user accounts by automated or fraudulent means.
      6. engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
      7. upload or transmit viruses or other malicious code on or via the Service.
      8. solicit login information or access an account belonging to someone else.
      9. post Content that is tortious, hateful, defamatory, threatening, obscene, indecent, pornographic, invasive of another's privacy, or is racially, ethnically or otherwise objectionable.
      10. offer any survey, contest, giveaway, or sweepstakes ("promotion") on the Service without our prior written consent at our sole discretion.
      11. impersonate any person or entity, including, but not limited to, a representative of us, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      12. do anything that could disable, overburden, or impair the proper working of the Service or our servers or network, or interfere with any security or rights protection functionality of us or any third party.
      13. rent, lease, loan, or sell the Service or your login or password for any purpose, or modify or create derivative works of the Service.

We can disable your account and/or remove any Content or information you post on the Service if we believe that it violates this policy.  We shall be the sole arbiter as to what activities violate this policy.

2. Privacy Policy

Your use of the Service is subject to our Privacy Policy as in effect from time to time, available at www.Supportacus.com/privacy.html, which is incorporated herein by reference.

3. Termination

a.  By us.  We reserve the right to terminate or suspend your account and/or your use of any or all of the Service without prior notice, if you engage in any conduct that we believe: (i) violates the letter or spirit of any term or provision of these Terms of Service (ii) violates the rights of us or third parties, or (iii) is otherwise inappropriate for continued access and use of the Service.  In addition, we may at any time and for any reason suspend or terminate your account, terminate the Service, and/or terminate this Agreement.

b.  By you.  If you desire to cancel your account and terminate this Agreement, you are solely responsible for proper cancellation.

Simply notify us via the Administrator Setup/Account section of the Service at least four (4) business days before the end of the month, and your Service will be cancelled at the end of that month, you will not be charged for future months. There is no penalty or cancellation fee. However, there will be no refund if you cancel the Service before the end of your current, paid-up subscription period (month or year as applicable). You are solely responsible for export and backup of your Content before requesting cancellation. 

c. Effect.  In the event of termination or cancellation, your account will be disabled and you may not be granted access to your account or any files or other Content contained in your account. We reserve the right to delete any and all of your Content immediately upon any termination or cancellation, although backup copies of your Content may remain in our system for a limited time.

4. Modifications to these Terms of Service

We may amend these Terms of Service at any time by (a) posting revised Terms of Service on the Service, and/or (b) sending information regarding the amendment to your email address of record with us.  You shall be deemed to have accepted such amendments by continuing to use the Service after such amendments have been posted or information regarding such amendments has been sent to you.  If you do not agree to any such amendments, you may terminate these Terms of Service and immediately cease all use of the Service.  You can review the most current version of the Terms of Service at any time at: http://www.Supportacus.com/service_terms.html.

5. Modifications to Service

We reserve the right at any time for any reason without notice to modify, suspend or discontinue all or any portion of the Service.  Unless we explicitly state otherwise, any new features that augment or enhance the current Service shall be subject to these Terms of Service. 

6. Disclaimer of Warranties and Limitation of Liability

A. THE SERVICE AND CONTENT ON THE SERVICE (“DNT ITEMS”) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WE AND OUR SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE AND OUR SUPPLIERS DO NOT ASSUME RESPONSIBILITY FOR TIMELINESS, MISDELIVERY, DELETION, OR FAILURE TO STORE ANY CONTENT, AND DO NOT WARRANT THAT ACCESS TO OR USE OF ANY DNT ITEM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA NOT PROVIDED OR SPECIFIED BY US, OR THAT DNT ITEMS WILL RESULT IN REVENUES, PROFITS OR SAVINGS.
B. YOUR USE OF DNT ITEMS IS AT YOUR OWN RISK. NEITHER WE NOR ANY OF OUR SUPPLIERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST REVENUES, PROFITS OR SAVINGS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER DNT ITEMS, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. If you are a California resident, you waive your rights under California Civil Code SECTION 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under comparable local law.  THE ENTIRE LIABILITY OF US AND OUR SUPPLIERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF DNT ITEMS OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE SUBSCRIPTION FEES OF YOUR SUBSCRIPTION PERIOD (ONE MONTH OR ONE YEAR, AS APPLICABLE). You agree that any claim or cause of action arising out of or related to use of DNT ITEMS or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

7. Charges
a. Free Trial.  We currently offer new, registered users a one-time free 30-day trial use of the Service.  We may terminate any free trial or unpaid account at any time.

b. Monthly Terms. A valid credit card is required for you to continue using the Service on a month-to-month basis after the 30-day free trial period. The Service is billed in advance on a monthly basis and fees are non-refundable. There will be no refunds or credits for partial months of Service or downgrade of accounts within a month.  We reserve the right to change monthly Service fees upon thirty (30) days notice.

c. Yearly Terms. Payment is required to continue using the Service after the 30-day free trial period. The Service is billed in advance on a yearly basis and fees are non-refundable. There will be no refunds or credits for partial periods of Service or downgrade of accounts within a yearly term.  We reserve the right to change our annual Service fee at any time.  Subscription renewal constitutes acceptance of the then-current current annual Service fee and terms and conditions.

d. Taxes.  All charges will be exclusive of value added ("VAT"), sales or other taxes, and duties, for which you are responsible.

8. Ownership

You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Service are wholly owned by us and/or our suppliers except where expressly stated otherwise. 

9. Limited Right to Use

a. Subject to your payment of applicable charges and compliance with the other terms and conditions of these Terms of Service, we grant you a limited, nonexclusive, non-transferable, revocable right during the term of these Terms of Service to use the Service solely for your internal business purposes.  You agree not to use for any other purpose, sell, resell, rent or sublicense (including offering any of the Service to third parties on an applications service provider or time-sharing basis), lease, loan, republish, distribute (for example, in other media), transmit, or create a derivative work of, or otherwise exploit any portion of the Service or access to the Service, without our prior written permission. No part of the Service may be reproduced, mirrored or cached in any form or incorporated into any information retrieval system, electronic or mechanical, for resale or distribution. You shall maintain any notices contained in or displayed on the Service. All rights not specifically granted by us are reserved by us.

b.  We may provide forms or mechanisms for you to provide feedback, suggestions and ideas about our products and services (“Responses”), and accordingly, we may use any Responses in any way, including in future versions of its products or services, and/or its advertising or promotions. You grant us a perpetual, worldwide, non-exclusive, irrevocable, transferable, sublicenseable, license without royalty or other compensation to use, copy, distribute, create derivative works of, transmit, perform and display the Responses, in any manner and for any purpose.

10. Indemnification

You agree to indemnify and hold harmless us and each of our officers, directors, employees, agents, and suppliers from and against any and all losses, liabilities, expenses (including reasonable attorneys' fees and costs) and damages arising out of claims based on your use of your account or the Service.

11. Notices; Consent

Notices given by us to you will be given by general posting on the Service or to your account, or by email, overnight courier, first class or express mail to your address of record with us.  Notices given by you to us must be given by first class or express mail, certified or registered, postage prepaid and sent to Digital Nexus Technologies, Inc., Attn: President, 27472 Portola Parkway, Suite 205-337, Foothill Ranch, CA 92610 USA.

12.  Notices of Infringement

Persons who believe that their copyrights or other intellectual property rights have been infringed via the Service may notify our Designated Agent. All notices must comply with the requirements of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, as amended. Such notices not complying with these requirements will be returned unprocessed.   Also, please indicate the specific Content, and Service URL.  Designated Agent and Address of Agent:

Attn: Copyright Designated Agent
Digital Nexus Technologies, Inc.
27472 Portola Parkway
Suite 205-337
Foothill Ranch, CA 92610

13. General Terms

The laws of the State of California, U.S.A., excluding its conflicts of law rules, govern these Terms of Service and your use of the Service.  The UN Convention on Contracts for the International Sale of Goods is disclaimed.  You agree that exclusive jurisdiction for any claim or dispute arising from these Terms of Service shall be in the federal and state courts located in Orange County, California, U.S.A.  If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or any rights hereunder, and any attempt to the contrary is void.  Subject to the preceding sentence, these Terms of Service benefit and bind the respective successors and assigns of the parties.  We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. These Terms of Service supersede all prior or contemporaneous agreements, representations, warranties, understandings or communications between the parties regarding the subject matter herein.  There are no third party beneficiaries to these Terms of Service.  The Service is not offered to anyone under the age of eighteen (18).  Any of our software, Content and the documentation which accompanies the same are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government as end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Digital Nexus Technologies, Inc., 27472 Portola Parkway, Suite 205-337, Foothill Ranch, CA 92610 USA.  Sections 3, 6, 8, 9(b), and 10 to 13 inclusive of these Terms of Service, and all payment obligations accrued before such expiration or termination, shall survive the termination of your account or access to the Service or other expiration or termination of these Terms of Service. 

Effective date of this version: June 16, 2011

 

 

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact DNT at terms_supportacus@digitalnexustech.com