Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS (THE TERMS) CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN UOL'S AUTHORIZED VENDOR, SUTHERLAND GLOBAL SERVICES INC., ("SUTHERLAND") AND YOU, FOR USE OF 'PREMIUM SUPPORT BY NETZERO' WHICH YOU SELECTED OR INITIATED ON THE UOL SITES ("SITES") LOCATED AT http://www.netzero.com ("SERVICES"). YOU OR YOUR REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, OR BEFORE MAKING PAYMENT FOR SUCH SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN SUTHERLAND IS UNWILLING TO PROVIDE THE SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE CANCEL OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND NOT USE THE SERVICES. BY CLICKING ON THE "I ACCEPT," OR CONTINUE BUTTON OR BY YOUR PAYMENT FOR THE SERVICES OR BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.

1. Services
1.1. Service Overview
(1) Introduction. Sutherland shall provide the Services as set forth in the Terms. Sutherland's service representative will attempt to provide to You the Services over the telephone, through a remote connection session, thorough live chat session, through email or by a combination of such mediums. Sutherland may, at its discretion, modify the features or descriptions of the Services from time to time.

(2) Support Tool and Remote Access. During the Services session, Sutherland may ask for Your permission to use the remote assist tool through the Sutherland service representative to enable Sutherland to remotely access and take control of Your personal computer. The remote assist tool and any other application is owned by Sutherland, third party licensors and suppliers and may be collectively referred to as the "Support Tool" in the Terms. The Support Tool will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimization functions. You may use the Support Tool only as part of or for use with the Service and for no other purpose. By electing to receive support, You agree to allow Sutherland to use whatever Support Software Tools as deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your personal computer, there will be no residual software from the remote session; however, there may be a report created by xml or flash.
  (i) Sutherland shall provide the following Services subject to the Terms.

Service Description

PC Performance Maximizer (Tuning up of PC for best performance)

PC Safety Maximizer (Virus & Spyware Removal Service)

Home Network Security Maximizer

Microsoft Windows XP / Vista setup & Configuration

Home Network Setup & Configuration (Wired network)

Data Safety Maximizer (Backup and restore of data)

Internet & Email training for beginners

Hardware & Peripheral Installation

The minimum system requirements to receive Services are as follows.

• Windows Internet Explorer 6.0 or higher
• High Speed Internet Connection (Recommended). However such services can also be provided on a dialup connection and You agree that the Service, Support Tool and Remote Access will be more time consuming
• 800MHz CPU
• 256 MB RAM
• 500MB available hard disk space
• Microsoft Windows® Operating System version XP and upwards (Recommended). However some of the such services can also be provided on Microsoft Windows® Operating System version 98 and upwards.

1.2. Commercially Reasonable Effort.
(i) Sutherland will make every reasonable effort to troubleshoot or fix Your personal computer problem or the need that you have reported. If Sutherland is unable to resolve Your personal computer problem or address your need, You will still be liable for charges for time spent by Sutherland's service representative in an attempt to correct a problem.

(ii) In the course of providing the Services, Sutherland may determine that the issue is beyond the scope of the Services. Sutherland may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, Sutherland will not transfer You directly to an alternate resource. Sutherland reserves the right to rename, refuse, suspend or terminate any of the Services in its sole discretion.

2. Your Responsibilities
2.1. Basic Responsibilities. You agree that the performance of Services is directly dependant on the internet connection, Operating system and the tools/applications that you use in Your computer. You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. To receive the Services, You must confirm that You (a) have full administrator access to Your hardware and Supported Product(s) that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the Services. All information that You provide to Sutherland must be accurate, including Your name, address, credit or charge card numbers, expiration dates or any other payment information required by Sutherland. You further represent that You authorize Sutherland to bill the charges to the credit card that You provide to Sutherland.

2.2. Liability Release. Sutherland will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by Sutherland and/or its representatives If Sutherland works with You on any password or other access control oriented problems, Sutherland strongly recommends that You reset such passwords(s) immediately following the completion of the Services.

2.3. No Transfer. The Services are not transferable. You may not use the Services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.

3. Payment
3.1. Payment for the Services. You agree that Sutherland may charge to Your credit card or other valid payment mechanism requested by You and approved by Sutherland all amounts due and owing for Sutherland for the Services. Unless otherwise agreed by Sutherland in writing, all payments for the Services must be made at the time of purchase prior to receiving the Services from Sutherland. You agree that Sutherland may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due. The Services shall be provided for on a per incident basis. The term "per incident" means that the service will address a single issue or problem for a customer on a Supported Product as set forth in the Terms and include follow-up calls within three (3) days on the same problem.

3.2. Refunds. Any refund will be limited to the amount paid by You on a per incident basis.

4. Privacy; Data Protection
When You request Services, the following information will be collected and sent from Your personal computer to Sutherland via an Internet connection:

• The information entered by You into Sutherland's online interface when requesting the Services;
• The type and version of operating system and Internet browser used by Your personal computer.
• The hardware that you have connected with Your personal computer
• The application, software and tools that you have on Your personal computer.

During Your Services session, the following information may be collected and sent to Sutherland via secured connection or from the computer on which the Support Tool or software is installed:

• Installed hardware and peripherals
• Installed Operating System
• Installed programs and active processes information; and
• Application log file information and registry data.
• Browser information including security and temporary file settings;
• System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Support Tool or software;
• The security status (good/fair/poor) of the computer as determined by the Support Tool or software.
• The number of files scanned, threats found, and threats fixed by the Support Tool or software;
• The type of threats found;
• The number and type of threats remaining that have not been fixed by the Support Tool or software;
• Whether a firewall is active;
• Whether antivirus software is installed, running and up to date;

The collected information as set out above is necessary for the purpose of analyzing, diagnosing, resolving the problem You have encountered, and optimizing the functionality of Sutherland's products. The information may be transferred to the Sutherland group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but Sutherland has taken steps so that the collected information, if transferred, receives an adequate level of protection.

Sutherland may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, Sutherland may share certain information with research organizations and other security software vendors. Sutherland may also use statistics derived from the information to track and publish reports on security risk trends.

5. Other Important Information
5.1. Disclaimer of Warranty SUTHERLAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SUTHERLAND MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE SUPPORT TOOL IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY. SUTHERLAND DOES NOT WARRANT THIRD PARTY PRODUCTS.

YOU UNDERSTAND AND AGREE THAT BEFORE SUTHERLAND PERFORMS DIAGNOSTIC REPAIR ON YOUR COMPUTER, IT IS YOUR RESPONSIBILITY TO BACK UP THE DATA, SOFTWARE, INFORMATION, OR OTHER FILES STORED ON YOUR COMPUTER DISKS AND/OR DRIVES. YOU ACKNOWLEDGE AND AGREE THAT SUTHERLAND SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCE FOR ANY LOSS OR CORRUPTION OF DATA AND/OR SOFTWARE.

5.2. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SUTHERLAND BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF Sutherland HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL UOL'S OR SUTHERLAND'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICES.

5.3. Proprietary Rights. Sutherland retains ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Tool with the Services.

5.4. Force Majeure. Sutherland or UOL shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Sutherland's or UOL's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, Sutherland may be excused from such performance to the extent it is delayed or prevented by such cause.

5.5 Export Regulation. You acknowledge that the Services provided may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where the Services are imported or re-exported. You agree to comply with all relevant laws and will not export any software or service in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Sutherland product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that You will not export or sell any service or software for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.

6. Third Party Software: As part of the Services, Sutherland may suggest that you acquire, install and use certain third party software ("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 Sutherland assists you in the acquisition, installation, and/or use of Third Party Software. Sutherland has no 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 use of the Third Party Software is governed by the terms of that license agreement and by these Terms, where applicable. You may not install or use any Third Party 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.

7. General
The Terms will be governed by the laws of the State of California, United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and Sutherland relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should You have any questions concerning the Terms, or if You desire to contact Sutherland for any reason, please write to:premiumsupport@support.netzero.com