PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials as well as Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though AccountsbyDarci has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to AccountsbyDarci "fair usage" policy. Under this policy, if at any time, in AccountsbyDarci's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use then AccountsbyDarci reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, AccountsbyDarci reserves the right to suspend or terminate any Subscription Services of any Subscriber that AccountsbyDarci, in its sole discretion, determines are being used
(b) By any person other than Subscriber, or
(c) For any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to AccountsbyDarci; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
COMMUNICATIONS SERVICES PC
Support may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with AccountsbyDarci's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
LIMITED LICENSES TO USE THE AccountsbyDarci Portal, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the AccountsbyDarci Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the AccountsbyDarci Portal, Services, Materials or Software, other than as explicitly permitted by AccountsbyDarci is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to AccountsbyDarci and its suppliers. Reverse engineering and de compilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the AccountsbyDarci Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals; You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with AccountsbyDarci support personnel.
Software/Data Backup: You understand and agree that AccountsbyDarci shall under no circumstance be responsible for any lost or corrupted software or data. AccountsbyDarci strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify AccountsbyDarci immediately of any unauthorized use of your account or any other breach of security. AccountsbyDarci will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by AccountsbyDarci or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
You may "opt-out" of receiving promotional emails from AccountsbyDarci by following the instructions in those emails. You may also send requests relating to promotional messages and your permission for sharing information with third parties for their marketing purposes by emailing email@example.com. Opt-out requests will not apply to transactional service messages, including messages about AccountsbyDarci and services.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of AccountsbyDarci's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, act of terrorism, fire, flood, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in AccountsbyDarci's ability to schedule a support session. You hereby release AccountsbyDarci from any and all liability, and agree that AccountsbyDarci shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
AccountsbyDarci 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.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE AccountsbyDarci Portal, OR THROUGH A SERVICE
For your convenience, AccountsbyDarci may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of
(a) The terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or
(b) If there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to
(a) The EULA, and
(b) The Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE. END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by AccountsbyDarci or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from AccountsbyDarci or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR AccountsbyDarci SOFTWARE
With regard to any Software made available to you by AccountsbyDarci through the AccountsbyDarci Portal for which your acceptance of a separate license agreement is not required ("AccountsbyDarci"), you are hereby granted a revocable, non-exclusive, non-transferable license by AccountsbyDarci to use the AccountsbyDarci (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the AccountsbyDarci Software. You agree that the AccountsbyDarci Software is the confidential and proprietary information of AccountsbyDarci or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the AccountsbyDarci Software, or otherwise reduce the AccountsbyDarci 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 AccountsbyDarci 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 AccountsbyDarci Software. You acknowledge that this license is not a sale of intellectual property and that AccountsbyDarci 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 AccountsbyDarci Software and related documentation, as well as any corrections, updates and upgrades. The AccountsbyDarci Software may be used only in the country of residence at the time of acceptance of these terms for use of the AccountsbyDarci Software. Export of the AccountsbyDarci Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, AccountsbyDarci may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether AccountsbyDarci assists you in the acquisition, installation, and/or use of Third Party Software. AccountsbyDarci has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the AccountsbyDarci Software shall remain in full force and effect unless and until terminated by AccountsbyDarci, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the AccountsbyDarci Software and immediately delete the AccountsbyDarci Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, AccountsbyDarci may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to portal, technical support training, music, gaming and storage services that AccountsbyDarci may elect to make available from time to time. Violation of such third party provider's terms of service may, in AccountsbyDarci's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
AccountsbyDarci DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW AccountsbyDarci TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE AccountsbyDarci SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
AccountsbyDarci AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS A`BOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. AccountsbyDarci AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AccountsbyDarci AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL AccountsbyDarci AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall AccountsbyDarci be liable to you in excess of the amounts actually paid by you to AccountsbyDarci under the Plan Order that is the subject of the dispute
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
AccountsbyDarci at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of AccountsbyDarci:
(a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
(b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, AccountsbyDarci's network, or the use and enjoyment of AccountsbyDarci's other users;
(c) AccountsbyDarci receives an order from a court to terminate the Service you are availing;
(d) if AccountsbyDarci for any reason ceases to offer the Service;
(e) if you are no longer a AccountsbyDarci customer, or
(f) AccountsbyDarci determines that you are abusing the Service. AccountsbyDarci, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. AccountsbyDarci's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The AccountsbyDarci Portal is available internationally and may contain references to AccountsbyDarci products, services, and programs that are not available in a viewer's country. These references do not imply that AccountsbyDarci intends to make such products, services, or programs available in such country.
AccountsbyDarci reserves the right to amend the Terms and Condition, and the AccountsbyDarci Portal at any time by
(a) posting a revised version of the Terms and Conditions on the AccountsbyDarci Portal (http://www.accountsbydarci.com), or by
(b) sending information regarding any amendment to the Terms of Service to the email address you provide to AccountsbyDarci in connection with registration. You are responsible for regularly reviewing the AccountsbyDarci website to be notified of any amendments to the Terms and Conditions.
AccountsbyDarci is an independent online technical support services provider firm for third party products, brands and services. All the brand names, images, trademarks, products and services of third parties mentioned on this website have been used only for referential purposes and Accounts By Darci has no affiliation with any of these third-party companies unless such relationship has been expressed specifically. The services we offer are also available on the website of the respective brand owners.