GeekGhost – On-line Computer Repair

IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS OF USE, YOU WILL NOT BE GRANTED A LICENSE TO USE THE PRODUCTS, AND YOU WILL NOT BE AUTHORIZED TO USE OR ACCESS ANY OF THE PRODUCTS. The Company reserves the right, at its sole discretion, to modify, change, add or remove any portion or portions of these Terms and Conditions of Use and/or the Privacy Policy, at any time for any reason. The current version of the Terms and Conditions of Use and the Privacy Policy will be posted on the Website. It is your responsibility to check these Terms and Conditions of Use and the Privacy Policy periodically for changes. Your continued use of the Products following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Products.

OWNERSHIP

The Products are either owned by or proprietary to the Company or are licensed to the Company by a third party. These Terms and Conditions of Use apply to all of the Products. No rights, titles, or interest are transferred to you through your use of the Products.

LINKS TO OTHER SITES

The Products may contain links to other third party websites (“Linked Sites”) which are not under the Company's control and are made as a matter of convenience. The Company does not assume any responsibility or liability for any communications or content available at such Linked Sites. The Company does not intend links on or within the Products to be referrals or endorsements of the linked entities, and are provided solely for convenience or general information. The Company is not responsible for the content of Linked Sites and does not make any representations regarding the content or accuracy of materials on such Linked Sites. Your interaction with or transactions resulting from navigating to Linked Sites is not the responsibility of the Company.

PURCHASES AND OTHER TERMS AND CONDITIONS

You agree that you may have to pay for access to and use of the Products. Additional terms and conditions may apply in order to access certain features or the sale of other goods and services by the Company, all of which terms and conditions are included as part of the entire Terms and Conditions of Use contained herewith. You agree to abide by other such terms and conditions, including where applicable, that you are of sufficient age to enter certain areas of the Websites (as may be prescribed by the Company or applicable law), or use the Products or any features provided by the Company or its Affiliates. Nothing on the Products or on any Linked Sites shall be construed to alter this agreement or the Terms and Conditions of Use. Should any portion of the original terms conflict with the applicable Terms and Conditions of Use for the particular section, the latter terms which are applicable and represented shall apply for and to the Products.

The Company may alter or change the Products, or its goods or services and their applicable prices, or service fees for features, Content, goods or services at any time, without notice. The Company does not promise to update any of the Content, products, features, look, or services provided. The Products are governed solely by the agreements pursuant to which they are provided, and nothing should be construed to alter such agreements or amend them in any way whatsoever.

ACCOUNTS, PASSWORDS AND SECURITY

You may have to create a user account to access certain Products, or certain features of the Products. You may not misrepresent your identity or imitate another’s identity (pretend you are another person) to gain access to the Products or Services. You agree not to use the account, password or user name of another individual without the express consent of that account holder. You may be permitted by the Company to have more than one user name and password, and create new accounts with new user names and passwords. You are responsible for maintaining the confidentiality of your user name(s) and password(s) and for any and all activity that occurs in or through your account(s). The Company is not responsible for any unauthorized use of your account(s), and it is your responsibility to notify the Company immediately if you suspect unauthorized use of your account(s), password(s) or user name(s). You may be held responsible for liabilities or loss placed on the Company through the use of your account(s), your password(s) or user name(s) by another person. The Company will not be responsible for any liabilities arising from such unauthorized use.

Authorization to Access your Computer

You acknowledge by your use of the Services you are authorizing the Company to access and control your computer for the purposes of computer diagnosis, service and repair.

In connection with delivering the services, the Company may download and use software, gather system data, take remote control of your computer, and access or modify your computer settings. By accepting these terms, you hereby grant the Company the right to connect to your computer, download and use software on your computer, gather system data, repair your computer, take remote control of your computer, and change the settings on your computer while performing the services. Other than as set forth in the warranty section below, you agree the Company has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the services.

Data Backup

THE COMPANY DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY OR ITS REFERRAL PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

THE COMPANY DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

Scope of Services

You may initiate the Services via the website, telephone or other means made available by the Company. The Company will use commercially reasonable efforts to answer your technology questions, evaluate issues, and provide appropriate solutions to resolve your problem for a fee as set forth in the website or quoted on the telephone. Upon establishing a connection with an engineer, The Company may provide certain portions of the Services via remote control session, online chat, e-mail, or phone conversation. The Company may set forth limits to the technologies supported. Certain Services may have minimum system requirements.

Warranty

The Services may not be successful because the problem may be beyond our ability to resolve remotely. If we are not able to answer your questions or resolve your technology problem and you have complied with all your obligations in these Terms, we will not charge you a fee for the Services. If you experience a problem with the resolution we provided and you call us within seven (7) days from the day you originally received the Services, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the Services. As set forth below, there are no other warranties for the Services.

DISCLAIMER OF WARRANTY

YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. THE COMPANY MAKES NO WARRANTY THE SERVICES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY SOFTWARE YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

USE OF SOFTWARE AND TOOLS

We may need to download and/or run software on your personal computer to help diagnose and resolve your technology problem. We use various types of software to evaluate and resolve your problem. We use software to gather computer system information which helps to diagnose your personal technology problem; software to remotely control your computer and modify its settings, software and other tools/utilities to improve computer performance.

You acknowledge and agree use of all the Company’s software and third party software and tools (“accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are subject to applicable license agreements. You may not access, download or use any Software without agreeing to the terms and conditions of the license agreements. You agree we may download and utilize Software from third party web sites and accept any applicable license agreements on your behalf. You acknowledge and agree we may download and install trial versions of Software that will expire and cease to function after a certain period of time unless you purchase a license to continue using such Software. You may use such software only in connection with the Services provided by the Company and for no other purpose. You agree we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.

Customer Responsibilities

You must cooperate with the Company representative, promptly respond to our requests for information, and comply with our requests to take actions to resolve your technology problem. You must consent to the downloading and use of Software on your personal computer and accept all applicable license agreements for the Software.

Monitoring of the Services

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You acknowledge and agree we retain the right to monitor and record the Services, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or our Users. Please see our Privacy Policy for further details.

Fees and Payment

The applicable fees for the Services you order will be posted on the website or possibly quoted on the telephone. The fee for the Services will be charged directly to your credit card and you agree to pay the charges applicable to your selected Services, as well as any applicable taxes.

Service Availability

The Services may not always be available in your time zone or geographic location. The Services may not always be available due to system maintenance or Internet service disruptions.

Use of the Services

Your use of the Services is only for personal purposes on your technology and not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of your personal technology or providers of services relating to such technology, to access or use the Services.

Restrictions

You shall not: (a) “mirror” any Content on the Site on any other server without the Company’s prior express written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of any property, network, website, personnel or equipment of the Company, its customers, or its suppliers, including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic, computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (g) send unsolicited commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of messages.

Modifications to the Services

We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Content, Software, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.

Security

While we use reasonable security measures to deliver the Services, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.

International Use

Currently, the Services are only available for residents of the United States and Canada. The Company may, from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and regulations, including without limitation, the United States Department of Commerce. You represent and warrant you are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.

Proprietary Rights

The Company respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. The Company is the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If you make use of the Services or Software, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.

Limitation of liability

YOU EXPRESSLY AGREE AS A CONDITION OF USING THE SERVICE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS AFFILIATES, SERVICE PROVIDERS (THE “RELEASED PARTIES”), OR ANY THIRD PARTIES WHICH ARE LINKED OR VIEWABLE BY THE PRODUCTS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF, OR INABILITY TO USE (a) THE PRODUCTS OR SERVICES; (b) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE VIA THE PRODUCTS OR SERVICES; (c) ANY ITEM, PRODUCT OR OTHER SERVICES PURCHASED OR OBTAINED; (d) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THESE WEBSITES, PRODUCTS, OR SERVICES; (e) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY SOFTWARE MADE AVAILABLE OR UPLOADED TO THE COMPUTER, PRODUCTS OR SERVICE, OR OTHER TECHNOLOGY (g) ANY OTHER MATTER RELATING TO THE PRODUCTS OR SERVICES. YOU HEREBY EXPRESSLY RELEASE ALL SUCH CLAIMS AGAINST THE RELEASED PARTIES.

COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR SERVICE, LOST DATA OR INTERRUPTION OF BUSINESS OPERATIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES, PRODUCTS, OR SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, ANY HARM CAUSED BY ANY COMMUNCIATION DELAY, COMPUTER VIRUS, DEFECT, DELETION, DELAY, DISCONNECTION, ERROR, FAILURE OF PERFORMANCE, INTERRRUPTION, OMISSION, TRANSMISSION, LINE/WIRING/BROADBAND/CABLE FAILURE, THEFT, OR DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERRATION OF THE PRODUCTS, FOR ANY REASON WAHTSOEVER. WITHOUT LIMITING THE FOREGOING, COMPANY IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER COMPANY HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, EXCEPT TO THE EXTENT SPECIFICALLY ACKNOWLEDGED BELOW. IN NO EVENT SHALL RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE FEES (IF ANY) PAID BY YOU TO US DURING YOUR MEMBERSHIP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

You agree your sole remedy against the Company as a limitation of relief is to stop using the Products and services. If, notwithstanding the other provisions of these Terms and Conditions of Use, the Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Products or services; the Company’s potential liability shall in no event exceed the greater of (1) the sum of total of fees with respect to any service, or (2) US$100.00.

The Company reserves the right to modify, suspend or terminate operation of or access to the Products or Services for any reason; to modify or change the Products, and any applicable policies or terms and conditions; and to interrupt the operation of the Products, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

INDEMNITY

You agree to indemnify and hold the Company, its Affiliates, partners, owners, directors, shareholders, employees, and agents harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Products, Services, or Linked Sites.

COPYRIGHT INFORMATION

A copyright is a property right in an original work of authorship embodied in a medium, whether written, electronic or other physical form. Copyright is recognized in most countries of the world by statutory or common law copyright laws. Copyrightable expressions can take many forms but are usually categorized as dramatic, choreography, computer programs, literary, musical, pantomime, pictorial, graphic, sculptural, film/video/motion pictures, and audio/sound recordings. All Content provided by the Company is the copyrighted property of the Company or licensed to the Company by one of its Affiliates, and cannot be used without advance written permission from the Company.

TRADEMARK INFORMATION

Trademarks and service marks of the Company and its partners and affiliates are protected by law. Use of these trademarks or service marks is strictly prohibited and may constitute trademark or copyright infringement unless the express prior written consent of the Company and/or its partners and affiliates, depending upon ownership, has been obtained by you.

PRIVACY POLICY

From time to time, the Company may ask you for personal information about yourself and your organization through opt-in correspondence or when you register for or download the Products or Content. For example, when you register with us, we may ask for such details as your name, your telephone number, your email address, and other personal information. You agree to provide us true, complete, current, and accurate information when prompted for personal information and agree to keep this information up-to-date at all times.

The Company’s policy is not to provide any list of users, user addresses, user email addresses or other such user information to third parties for commercial purposes. However, from time to time the Company, or the Company on behalf of its Affiliates, will contact you via email, direct mail, fax or other means to make you aware of promotional offerings, prize giveaways, service upgrades, partner/alliance announcements and other generally important information. Additionally, the Company may occasionally reference your name or your company name in customer lists or press releases issued by the Company regarding the licensing and/or usage of the Products or Content. The Company’s Privacy Policy applies to all of the Products, and its terms are made part of the entire Terms and Conditions of Use by this reference. Any conflict between the terms herein and the Privacy Policy shall be governed by the Privacy Policy. A copy of our Privacy Policy may be viewed at our Websites. If you have any questions regarding this Privacy Policy or any of our terms and conditions, please contact us at legal@geekghost.com.

The Company is the sole owner of the information collected through the Products’ and user registration. You recognize that internet connections, e-commerce and downloading files from the internet are never completely private and secure. Every effort has been made to ensure your security and privacy. You also understand when you send a message, information or credit card data through our Website, although our transactions are encrypted, there may be the possibility of another reading or intercepting your data. The Company recognizes that personal and company information entered may be of a confidential or sensitive nature. The Company’s applications have been designed to be resistant to the inappropriate access or disclosure of such information to other registered and unregistered users.

The Company is anti-spam. While we may offer several e-mail notification options to you (for service details, newsletters, etc..), they are offered on an opt-in basis, meaning that you must indicate your desire for such services or else you will not receive them. You may opt to have us stop sending these types of e-mail notifications at any time. We may also, infrequently, send single e-mail messages to all our users, to communicate important news or to verify that accounts are still active. If you believe that any party may have violated this policy or the privacy of your information in any way, please contact us immediately at legal@geekghost.com.

The Company may disclose information about you if we determine that disclosure is necessary to investigate a complaint regarding your use of the Products or Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Products, including the Company’s users. You acknowledge and agree that the Company retains rights to all transmittals or communications by you with the Company or the Company’s users through the Products or any other service offered on or through the Products, and may also disclose such data and information if required to do so by law or if the Company determines that such maintenance or disclosure is reasonably necessary to comply with legal process, enforce the Terms and Conditions of Use, respond to legal claims that such information violates the rights of others, or to protect the rights, property or personal safety of the Company, its employees, agents, Affiliates, users of or visitors to any of the Products, as well as the public.

If you have questions, comments or complaints about our service, please write to us at support@geekghost.com.

VIOLATION OF TERMS AND CONDITIONS OF USE

You agree that the Company may, at its sole discretion and without prior notice, terminate your access to the Products and/or block your future access to the Products and Content, if it determines that you have violated these Terms and Conditions of Use or other agreements or guidelines which may be associated with your use of the Products. You also agree that any violation by you of these Terms and Conditions of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company to obtain any injunctive or equitable relief that the Company deems necessary or appropriate. These remedies are in addition to any other remedies the Company may have in law or equity.

You agree that the Company may, without prior notice and at its sole discretion, terminate your access to the Products and Services, for cause, which includes, but is not limited to, (1) a self initiated request by you whereby your account is deleted; (2) requests by law enforcement or other government agencies, (3) discontinuance or material modification of the Products or any service offered on or through the Products, (4) unexpected technical issues or problems, or (5) your violation of these Terms and Conditions of Use or any other rules of the Company, including rules related to your use of the Products or the Content.

If the Company does take any legal action against you as a result of your violation of these Terms and Conditions of Use, the Company will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Products or Content as a result of any violation of these Terms and Conditions of Use.

VOID WHERE PROHIBITED

The Company administers and operates the Products in the USA; the Affiliates’ sites or Linked Sites may be administered and operated from various locations outside the United States. Although the Products are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or contained in the Products are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision, quantity, acceptance, of the product or service to any person or geographic area. Any offer for any feature, product or service made within the Products is void where prohibited by local law, rules or regulations. If you choose to access the Products from outside the United States, you do so at your own risk, and you are solely responsible for complying with applicable local, regional and national laws.

If any of the provisions of these Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions of Use, so that these Terms and Conditions of Use shall remain in full force and effect. These Terms and Conditions of Use constitute the entire agreement between you and the Company with regard to your use of the Products and Content, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter- offers to these Terms and Conditions of Use, and all such offers are hereby categorically rejected. The Company’s failure to insist on or enforce strict performance of these Terms and Conditions of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms and Conditions of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The Company provides access to the entire portfolio of the Products as well as international data and, therefore, may contain references or cross references to the Company or its Affiliates’ products, programs and services that are not announced in your country. Such reference does not imply that those products, programs or services will or will not be available to you.

SOFTWARE AND HARDWARE FEEDBACK

The Company welcomes your comments, questions, and feedback regarding the Products. To communicate to the Company regarding the Products, please contact support@geekghost.com.

RIGHTS AND PERMISSIONS

If you have questions concerning the use or licensing of copyrighted, trademarked or licensed materials on or through the Products, or other materials, please submit a request to support@geekghost.com.

ABILITY TO ACCEPT TERMS AND CONDITIONS OF USE

You affirm that you are either over 18 years of age or an emancipated minor or that you have obtained necessary guardian or parental consent to agree to these Terms and Conditions of Use, and you affirm that you agree to abide and be bound by these Terms and Conditions of Use. As an emancipated minor or with legal guardian or parental consent, you still must be at least 13 years of age.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Products, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fulton County, Georgia, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions of Use must be brought within one (1) month (30 days) after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Products, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Effective March 18th, 2008

Virtual On-Site Support, Inc.

Welcome to GeekGhost

Terms and Conditions

AGREEMENT TO TERMS AND CONDITIONS OF USE