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Tiger Computer
Systems Marketing - Guaranteed
Visitors Terms and Conditions
This Agreement shall govern
participation in the Tiger Computer
Systems Guaranteed Visitors program
("Guaranteed Visitors"). By
participating in the Program, you
are agreeing to be bound by these
Terms and Conditions. The term
'customer' shall refer to the party
hiring the services of Tiger
Computer Systems.
PAYMENT:
All customers are required to pay
one-hundred (100%) percent of the
cost of the campaign before its
activation. Tiger Computer Systems
reserves the right to set and
negotiate specific payment terms on
a Customer-by-Customer basis.
Participation:
Tiger Computer Systems shall have
absolute discretion as to whether or
not it accepts a particular customer
or site for participation in the
Network
1. Tiger Computer Systems will not
deliver visitors to sites containing
content that is not appropriate for
viewing by a general audience. The
following are examples (including
but not limited to) of the type of
sites we will not deliver visitors
to:
-
Sites with
pornography, adult content,
sexual or erotic material or
sites that contain links to such
content
-
Sites containing
or linking to software piracy
-
Sites containing
or linking to any form of
illegal activity (i.e., how to
build a bomb, hacking, 'phreaking',
etc.)
-
Sites with
gratuitous displays of violence,
obscene or vulgar language, and
abusive content or content which
endorses or threatens physical
harm
-
Sites promoting
any type of hate-mongering
(i.e., racial, political,
ethnic, religious, gender-based,
sexuality-based or personal,
etc.)
-
Sites that
participate in or transmit
inappropriate newsgroup postings
or unsolicited e-mail (spam)
-
Sites promoting
any type of illegal substance or
activity sites with illegal,
false or deceptive investment
advice and money-making
opportunities
-
Sites with any
type of content reasonable
public consensus deems to be
improper or inappropriate
2.
Your Advertisement Page can not
contain any other popup windows. Any
additional window generated by your
site shall be considered a popup
window, including popups,
pop-behinds, or exit popups windows.
If a popup window is installed on
the URL at any time, Tiger Computer
Systems may stop the campaign and
you will not be entitled to a
refund.
3. Your Advertisement Page can not
have background music or sounds
4. Your Advertisement Page can not
contain scripts that alter users
browser settings
5. Your Advertisement Page can not
contain any frame breaking codes.
6. To insure compliance with these
terms and conditions, any Customers
that change their content after
approval for membership MUST notify
Tiger Computer Systems of the
changes in writing IMMEDIATELY. If
your site is changed during the
campaign such that it includes
inappropriate content, Tiger
Computer Systems may stop your
campaign immediately. In this case,
you will not be entitled to a
refund.
Data Reporting (Stats): All
Campaigns purchased on the Network
are served, tracked and reported by
Trafficserverstats and
http://r18.trafficserverstats.com.
In the event of a discrepancy, Tiger
Computer Systems and/or our third
part data will have final authority
and Tiger Computer Systems
will not
accept reports from any free
tracking service, hit counter, or
other service that requires an image
to load and that is not directly
hosted on the advertisers website.
For Campaigns that involve third
party serving/tracking, accounting
may be beyond the control of Tiger
Computer Systems Campaigns that use
third party serving/tracking for
auditing purposes may be subject to
alternate or additional controls.
Tiger Computer Systems is the sole
owner of all website, campaign, and
aggregate web user data collected by
Tiger Computer Systems. Customer
only has access to website and web
user data that is collected as part
of Customer's campaign.
Payment Liability: Tiger
Computer Systems reserves the right
to hold Customer and any agency,
broker or other authorized
representative of Customer jointly
and severally liable for all amounts
owed to Tiger Computer Systems.
Cancellation: Any Campaign
canceled by Customer may be subject
to a cancellation fee equal to 100%
of that portion of the campaign
scheduled to run during the three
(3) day period following receipt by
Tiger Computer Systems of written
cancellation notice from Customer.
Any traffic already used will not be
refunded. If a cancellation occurs
due to a violation of the Terms and
Conditions, you will not be entitled
to a refund.
Money-Back Guarantee:
While we are able to deliver
traffic, and we guarantee to
deliver targeted traffic, we do not
guarantee sales of your product
or service. we can guarantee that
you will get the traffic you have
purchased delivered to your site in
the time you specify. If Tiger
Computer Systems fails to deliver
traffic to your website in the time
specified on your original order, we
will refund your money no questions
asked!
The following charges will apply
to all Pop-Under refunds.
Rates: All advertising rates
are subject to change at any time.
Minimum CTR: Tiger Computer
Systems does not guarantee minimum
Click-through Ratio (CTR) for full
page pop-up/pop-under banner ads.
GENERAL:
Representations and Warranties:
Customer hereby indemnifies and
holds harmless Tiger Computer
Systems and the Publishers
(including their successors,
directors, officers, employees,
agents, assigns) from and against
all claims, loss, liability, damage
and expense of any nature (including
attorneys' reasonable fees) in
connection with the Advertisement
URL and its linked websites, for any
actual or alleged breach of any term
of this Agreement.
Damages: In no event shall either
party be liable for special,
indirect, incidental, or
consequential damages, including,
but not limited to, loss of data,
loss of use, or loss of profits
arising thereunder or from the
provision of services.
Limitation of Liability: Neither
Tiger Computer Systems nor the
participating sites will be subject
to any liability whatsoever for (a)
any failure to provide reference or
access to all or any part of the
Advertisement URL due to systems
failures or other technological
failures of Tiger Computer Systems
or of the Internet; (b) delays in
delivery and/or non-delivery of a
campaign, including, without
limitation, difficulties with a
Publisher or Website, difficulties
with a third-party server, or
electronic malfunction; and (c)
errors in content or omissions in
any Advertisement URL provided by
Customer.
Modifications:
The Program reserves the right to
change any of these terms and
conditions at any time without
notice. You are responsible for
complying with any changes to the
terms and conditions within 10 days
of the date of change.
Minimum Age Requirements:
No person under the age of 18 is
allowed to participate in our
program unless written permission
from a parent or legal guardian,
notarized, signed and dated, is sent
as an email attachment to
support@tigercomputersystems.com
Tiger Computer
Systems Marketing - Search Engine
Submission Terms and Conditions
1. AGREEMENT.
In this Terms & Conditions Agreement
("Agreement") "you" and "your" refer
to each customer, "we", us" and
"our" refer to Simple, Tiger
Computer Systems.
2. PRODUCT ORDERED. You agree
that the product you are ordering
from us are potential search engine,
directory & FFA submissions. You
also agree that we cannot guarantee
placement within these search
engines, only that we will attempt
to submit your website to them.
3. DETAILS OF SUBMISSION PROCESS.
(1) We will select the amount of
search engines (including ffa sites)
that you ordered (or more) for
potential submission. (2) Due to the
nature or the location of your
company, not all search engines /
ffa sites will accept our submission
for your site. (3) You agree that
the actual number of search engines
/ ffa sites which will accept your
website for submission will be
either greater than, equal to or
less than the actual amount that you
ordered. (4) Example: Bob Smith
orders a website submission package
from us for 1000 search engines. We
then take his order, and mark off
over 1000 search engines/ffa sites
for his site to be submitted to. We
start the submission, and it ends up
that 920 of those 1000+ search
engines/ffa sites accepted his
submission. This is a satisfactory
submission.
4. FEES. As consideration for
the services you have selected, you
agree to pay to us the applicable
service(s) fees.
5. REFUND POLICY. You agree
that all sales are final and no
refunds will be granted except in
the following case: If we do not
perform submissions on your behalf.
6. TERM. You agree that the
submission service we provide is one
time only, unless specifically
stated in your particular order.
7. LIMITATION OF LIABILITY.
You agree that our entire liability,
and your exclusive remedy, with
respect to any Services(s) provided
under this Agreement and any breach
of this Agreement is solely limited
to the amount you paid for such
Service(s). We and our contractors
shall not be liable for any direct,
indirect, incidental, special or
consequential damages resulting from
the use or inability to use any of
the Services or for the cost of
procurement of substitute services.
Because in some countries and states
do not allow the exclusion or
limitation of liability for
consequential or incidental damages,
in such states, our liability is
limited to the extent permitted by
law. We disclaim any and all loss or
liability resulting from, but not
limited to: (1) loss or liability
resulting from access delays or
access interruptions; (2) loss or
liability resulting from data
non-delivery or data mis-delivery;
(3) loss or liability resulting from
acts of God; (4) loss or liability
resulting from the unauthorized use
or misuse of your account identifier
or password; (5) loss or liability
resulting from errors, omissions, or
misstatements in any and all
information or service(s) provided
under this Agreement; (6) loss or
liability resulting from the
interruption of your Service. You
agree that we will not be liable for
any loss of registration and use of
your domain name, or for
interruption of business, or any
indirect, special, incidental, or
consequential damages of any kind
(including lost profits) regardless
of the form of action whether in
contract, tort (including
negligence), or otherwise, even if
we have been advised of the
possibility of such damages. In no
event shall our maximum liability
exceed Fifty ($50.00) American
Dollars.
8. NO GUARANTY. You agree
that, by ordering the amount of
submission you did, not all
submissions will be accepted due to
the content and location of your
site, or external rules applied for
different Search Engines, FFAs,
and/or Networks. Due to the fact
that we do not control the Search
Engine's databases, we do not
guarantee first positions in Search
Engine Results.
9. DISCLAIMER OF WARRANTIES.
You agree that your use of our
service is solely at your own risk.
You agree that such Service is
provided on an "as is" basis.
10. INFANCY. You attest that
you are of legal age to enter into
this Agreement.
11.
ACCEPTANCE OF AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE
NOT RELYING ON ANY REPRESENTATION
AGREEMENT., GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
Tiger Computer Systems - Online -
Remote Technical Assistance and/or Support
Terms and
Conditions
IMPORTANT - PLEASE REVIEW CAREFULLY.
By using Tiger Computer Systems',
online technical support and/or
solutions you are subject to these
Terms of Service.
Our Service is offered to you with
the condition you accept, without
modification, the terms and
conditions set forth herein. Tiger
Computer Systems may change the
Terms of Service at any time without
prior notice. You understand that by
using the Service after a change
becomes effective, you have agreed
to it. By purchasing Service from
Tiger Computer Systems, you are
indicating your agreement to be
bound by all of the terms and
conditions set forth in this
document.
THESE TERMS OF SERVICE APPLY TO
SERVICE (DEFINED AS "REMOTE COMPUTER
REPAIR", "REMOTE SPYWARE AND VIRUS
CLEANING", "SOFTWARE SUPPORT AND
INSTALLATION", "REMOTE COMPUTER
MAINTENANCE, "REMOTE DATA BACKUP
SERVICE", "INTERNET MONITORING AND
RESTRICTIONS", "REMOTE FIREWALL
MAINTENANCE", AND/OR ANY COMBINATION
THEREOF AND/OR ANY OTHER SERVICE
PROVIDED BY TIGER COMPUTER SYSTEMS)
ORDERED AND/OR PROVIDED BY TIGER
COMPUTER SYSTEMS
1. GENERAL
These Terms of Service (the
"Agreement") are entered into by and
between the Customer ("you", "your"
or "Subscriber") and Tiger Computer
Systems ("Tiger Computer Systems",
"us" or "we"). You accept this
Agreement upon:
(a) your submission of an online or
telephone request for service, in
verbal or written notice;
(b) your accepting the Terms of
Service electronically during
registration or in the course of
initiating a support session whether
online or by telephone;
(c) your use of the Service (see
Paragraph 2); or
(d) your retention of the Software
we provide 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
Tiger Computer Systems Service
website located at
www.TigerComputerSystems.com
("Website"). The Agreement sets
forth the terms and conditions under
which you agree to use our Service,
and under which Tiger Computer
Systems agrees to provide this
Service to you. You may also receive
a paper copy of this Agreement by
telephoning 407-846-7011 or
contacting us by
clicking here
2. DEFINITION OF
SERVICE
For purposes of this Agreement, the
term "Service" shall refer to Tiger
Computer Systems Service, including
all Software (as defined in
Paragraph 7 below), technical
support, products and Service
provided by Tiger Computer Systems
under the service option that you
have selected. The Service may be
referred to as, "Remote Computer
Repair", "Remote Spyware and Virus
Cleaning", "Software Support and
Installation", "Remote Computer
Maintenance", "Remote Data Backup
Service", "Internet Monitoring and
Restrictions", "Remote Firewall
Maintenance" and or Any other
possible service provided by Tiger
Computer Systems.
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. Tiger
Computer Systems relies on the
information you supply. Providing
false or incorrect information may
result in Service being withheld,
delayed, suspended or terminated of
your customer account.
3.2 You agree to promptly notify
Tiger Computer Systems whenever your
personal or billing information
changes (i.e., name, address,
telephone number, and/or credit card
number and expiration date).
3.3 You are responsible for all use
on your account and/or computer
systems. You accept full liability
and responsibility for the actions
of anyone who uses our Service via
your account, or your computer
systems, with or without your
permission.
3.4 If you select a monthly
subscription service plan that
includes a pre-determined allocation
of service time; the unused
allotment of service time will NOT
remain and/or roll-over in your
account from month to month if
unused. At the end of subscription
period, any unused time remaining in
your account will NOT be forfeited
by you.
3.5 If you pre-purchase or subscribe
to any Tiger Computer Systems
Service:
You agree not to resell our Service
or engage in similar activities that
constitute a commercial or
non-commercial sale.
You may use your account for up to
four (4) log-on sessions per
appointment at any time. The log-on
session will only be provided to one
(1) IP address. If you elect to
support two (2) or more IP
addresses, you have the option of
purchasing two (2) support sessions
or, at the technician's discretion,
can elect to provide support to
additional IP addresses during the
same session if time allows, or if
the customer has additional time
remaining in their account.
3.6 You agree it is your
responsibility to back up all
software and data that is stored on
your computer's hard disk drive(s)
and/or on any other storage devices
you may have prior to using the
Service of Tiger Computer Systems
and/or its third party service
providers shall not be responsible
at any time for loss, alteration or
corruption of any software, data or
files.
3.7 If your Service package involves
Internet Monitoring and
Restrictions, you understand that
you are responsible for all internet
activity made by you or anyone you
allow to use your internet access
account and/or screen name,
including but not limited to, other
employees, members of your family,
children, and/or friends. It is your
sole responsibility, and at your
discretion, to inform all users that
their internet activity is being
monitored and reported by Tiger
Computer Systems. Tiger Computer
Systems has NO responsibility for
informing account users that their
internet activity is being
monitored.
3.8 If your Service package involves
Internet Monitoring and
Restrictions, you understand that
the restrictions you elect to place
on your computer may potentially
limit your ability to access the
Internet, on occasion, as needed.
The inability to access the Internet
as a result of these pre-set
restrictions is your sole
responsibility. Tiger Computer
Systems is in no way responsible for
any inconvenience or potential
damages resulting for the
restrictions you set on your
account.
3.9 You agree that your computer(s)
meet(s) the following minimum system
requirements:
(a) For Remote Computer Service:
i. Windows NT, Windows 2000
Professional, Windows XP Home,
Windows XP Pro, or Windows XP Pro
X64 edition.
ii. A functional dial-up or
high-speed Internet connection
(b) For Service which require a
router including, but not limited
to, Internet Monitoring and Firewall
Maintenance:
i. Windows 2000, Windows XP Pro, or
Windows XP Pro X64 edition
ii. DSL or cable high-speed Internet
connection
4. GRANTING OF
PERMISSION
4.1 Customer hereby grants to Tiger
Computer Systems, its technicians,
and/or contractors a license to
perform a direct connection to their
computer(s) and network(s) for the
express purpose of providing
Service. Customer will cooperate in
good faith to enable such
connections to occur.
5. PRIVACY POLICY
Tiger Computer Systems will not sell
or rent your personally identifiable
information to anyone unless you
expressly consent to disclosure of
your personal identification and
other personal information to third
parties. We may send personally
identifiable information about you
to third parties when (a) we have
your consent to share the
information or (b) we find that your
actions on our website violate this
Terms of Service or (c) we respond
to subpoenas, court orders or legal
processes which require us to
disclose Registration Data or any
information about you to law
enforcement or other government
officials as Tiger Computer Systems,
in its sole discretion, believes
necessary and appropriate.
6. AVAILABILITY OF
SERVICE
6.1 The Service you select may not
be available at all times, and may
not be available in the format
generally marketed. Some personal
computers may not be available to
receive the Service even if initial
testing showed that your connection
was qualified or your computer
environment was suitable. For Remote
Computer Repair, we will qualify
your Internet connection for the
minimum line rate (speed) available
for support based on our standard
line qualification procedures. All
Service is provided on an "AS IS"
basis. Line rate, access and
availability of Service are not
guaranteed.
6.2 Tiger Computer Systems 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.
7. SOFTWARE LICENSES
AND THIRD PARTY SERVICE
7.1 In connection with our Service,
we provide to you, via download, CD,
other media, or other delivery the
use of the needed connection
software which is owned by Tiger
Computer Systems. You may use the
Software only as part of or for use
with the Service and for no other
purpose.
7.2 The Software may be accompanied
by an end user license agreement
from Tiger Computer Systems 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.
7.3 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.
7.4. Your license to use the
Software shall remain in full force
and effect unless and until
terminated by Tiger Computer
Systems, 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.
7.5 Other Third Party Agreements: If
you subscribe to or otherwise use
any third party Service offered by
or through Tiger Computer Systems,
your use of any such Service 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 Service include,
but are not limited to technical
support, portal, training, and
storage Service that Tiger Computer
Systems may elect to make available
from time to time. Violation of such
third party provider's terms of
service may, in Tiger Computer
Systems's sole discretion, result in
the termination of your customer
account and use of service.
7.6
WE DO
NOT PROVIDE YOU ANY SOFTWARE SUCH AS
ANTIVIRUS OR ANY OTHER SOFTWARE
REQUIRED FOR THE SERVICE. YOU HAVE
TO OWN YOUR SOFTWARE TO BE USED BY
ONE OF OUR TECHNICIANS.
8. TERM AND
TERMINATION
8.1 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
Paragraph 1, until terminated by
either party as permitted by this
Agreement. Billing for Remote
Computer Repair Service will apply
on a purchased time basis and/or
used time basis.
8.2 Termination of Service.
8.2.1 Pre-Purchased Block Service.
If you are a pre-purchased block
service customer, either you or
Tiger Computer Systems may terminate
this Agreement without cause by
giving notice to the other party.
Termination by you will be effective
upon your notice to Tiger Computer
Systems Activation or set-up fees
paid at the initiation of your
service, if any, are non-refundable.
Termination by Tiger Computer
Systems 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 Tiger Computer
Systems, 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.
8.2.2 Termination and/or Suspension
by Tiger Computer Systems If, in the
sole discretion of Tiger Computer
Systems: (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, Tiger
Computer Systems's network, or the
use and enjoyment of other users; or
(c) Tiger Computer Systems receives
an order from a court to terminate
your Service; (d) if Tiger Computer
Systems for any reason ceases to
offer the Service; or (e) if you are
no longer a Tiger Computer Systems
customer, then Tiger Computer
Systems at its sole election may
terminate or suspend your Service
immediately without notice.
8.2.3 Terminated Account. Tiger
Computer Systems, 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.
9. PRICING AND
PAYMENT
9.1 Pricing and Fees. Fees and
charges for the Service you select
are supplied to you during the
ordering process and are available
on the Tiger Computer Systems web
site at
www.TigerComputerSystems.com,
unless otherwise provided for in
this Agreement. You agree to pay the
charges applicable to your selected
Service plan or time purchased, 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.
Monthly recurring charges
(subscription plans) will be billed
one month in advance; usage charges
will be billed in arrears, and
pre-purchase plans will be billed in
advance, if applicable. Tiger
Computer Systems or its agent will
bill you directly, or charge your
credit card, as you request and as
approved by Tiger Computer Systems
9.2 Discontinuation of Service for
Nonpayment. Service to you may be
denied or discontinued without
notice at any time in 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.
9.3 Late Fees. If any portion of
your bill is not paid by the due
date, Tiger Computer Systems 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 (10%) per month, or the
highest rate permitted by law. In
the event Tiger Computer Systems
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.
9.4 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.
9.5 You have the option to change
your Service at any time by
notifying us, provided that you
qualify for and comply with any
requirements of that Service.
9.6 Missed Appointments. You are
required to contact Tiger Computer
Systems a minimum of twenty-four
(24) hours prior to your appointment
to cancel or otherwise reschedule
your appointment. A missed
appointment fee of $20.00 will be
deducted from your account should
you fail to notify Tiger Computer
Systems of your cancellation or
desire to reschedule. Tiger Computer
Systems technicians will attempt to
call the telephone number provided
by you during the scheduled
appointment time three (3) times
before considering the appointment a
"missed" appointment. Your account
will then be charged accordingly.
9.7 Service without Resolution.
Tiger Computer Systems will make
every attempt to troubleshoot,
analyze, assess, correct or
otherwise fix your computer or
network problem. If Tiger Computer
Systems is unable to resolve your
computer problem, you will still be
liable for charges for time spent by
Tiger Computer Systems in an attempt
to correct a problem.
9.8 Unable to Create Online
Connection. No charges or fees will
be applied if Tiger Computer Systems
cannot connect with your computer in
an attempt to provide Remote
Computer Support Service.
9.9 The waiver of any fees or
charges for Service provided lies
solely at the discretion of Tiger
Computer Systems
9.10 Any refunds provided are at the
sole discretion of Tiger Computer
Systems
9.11 Tiger Computer Systems reserves
the right to charge service fees to
a customer's credit card up to eight
(8) weeks after the conclusion of
service.
10. CHANGES TO
SERVICE
The Customer agrees to pay any
additional fees or charges
associated with their request to
change existing Service plans.
Changes include, but are not limited
to, modifications of existing
Internet restriction, changes to
firewall management, and/or other
router-related services. You
acknowledge that these types of
Service changes will result in
additional charges to your account.
11. LIMITATIONS ON
USE OF THE SERVICE
11.1 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.
11.2 You agree that the Internet is
not owned, operated or managed by,
or in any way affiliated with Tiger
Computer Systems and Tiger Computer
Systems is not responsible and has
no control over the information or
materials accessible via the
Internet through use of the Service.
You further agree that Tiger
Computer Systems does not own or
control all of the various
facilities and communications lines
through which service may be
provided, nor does Tiger Computer
Systems guarantee access to or
through websites, servers or other
facilities on the Internet, whether
or not such facilities are owned or
controlled by Tiger Computer Systems
11.3 You agree that Tiger Computer
Systems 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.
11.4 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. Tiger Computer
Systems is not responsible for
invalid destinations, transmission
errors, or corruption or security of
your data.
11.5 Tiger Computer Systems and/or
its third party service providers
reserve the right to refrain from
providing and or all Service ordered
and instead refund the customer's
payment, wholly or in part, on the
basis that the minimum system
requirements are not met or the
technical needs (including wiring or
overcoming physical or technical
barriers) or other requirements of
the Customer are unusual or
extensive and beyond the scope of
this Service Agreement as reasonably
determined by Tiger Computer Systems
and/or its third party service
providers.
11.7 FORCE MAJEURE: If Tiger
Computer Systems and/or its third
party service provider's ability to
render service is impaired by you or
circumstances beyond the control of
Tiger Computer Systems and/or its
third party service provider, Tiger
Computer Systems and/or its third
party service provider may choose
not to provide service.
12. WARRANTIES AND
LIMITATION OF LIABILITY
12.1 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
Tiger Computer Systems (but only if
such warranty is included with such
equipment or software), Tiger
Computer Systems (and its officers,
employees, parent, subsidiaries, and
affiliates), its third party
licensors, providers and suppliers,
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 the course of dealing,
course of trade, or arising under
statute. No advice or information
given by Tiger Computer Systems or
its representatives shall create a
warranty. Use of Tiger Computer
Systems computer support is at your
own risk and is not warranted.
12.2 Tiger Computer Systems does not
warrant that their Service 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.
12.3 Tiger Computer Systems shall
not be liable for loss of your data,
or if changes in operation,
procedures, or Service require
modification or alteration of your
equipment, render the same obsolete
or otherwise affect its performance.
Tiger Computer Systems makes no
warranty regarding any transactions
executed using the service or the
Internet. Tiger Computer Systems
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 in an error occurring.
12.4 In no event shall Tiger
Computer Systems (or its officers,
employees, parent subsidiaries, or
affiliates), its third party
licensors, providers or suppliers,
be liable to you or any other person
for any damages, including without
limitation, any indirect,
incidental, special or consequential
damages, expenses, costs, profits,
lost savings or earnings, lost or
corrupted data, or other liability
arising out of, or related to, the
services provided by Tiger Computer
Systems and/or its third party
service provider or out of the
installation, uninstallation,
reinstallation, use of, or inability
to use your computer equipment,
hardware, peripherals, or the
network resulting from the services
provided hereunder, or to the extent
of any claims against you by any
other party.
12.5 All limitations and disclaimers
stated in this paragraph also apply
to Tiger Computer Systems third
party licensors, providers and
suppliers.
12.6 Tiger Computer Systems reserves
the right to pursue any and all
legal and equitable claims against
you pertaining to your use or misuse
of the service or you're your breach
of the Agreement (including any
policies relating to the Service).
13. INDEMNIFICATION
You agree to defend, indemnify and
hold harmless Tiger Computer Systems
from and against all liabilities,
costs and expenses, including
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 computer systems, 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 computer systems, 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.
14. DISPUTE
RESOLUTION
14.1 In the event any dispute or
controversy arising out of or
relating to our service, products or
licensing, the parties agree to
exercise their best efforts to
resolve the dispute as soon as
possible.
14.2 Mediation. In the event that
the parties can not by exercise of
their best efforts resolve the
dispute, they shall submit the
dispute to Mediation. The invoking
party shall give to the other party
written notice of its decision to do
so, including a description of the
issues subject to the dispute and a
proposed resolution thereof.
Designated representatives of both
parties shall attempt to resolve the
dispute within thirty (30) days
after such notice. If the dispute is
not resolved within thirty (30)
days, the dispute shall be submitted
to binding arbitration in accordance
with the Arbitration provision. The
mediation shall take place at the
city of Kissimmee, Florida, USA. Or
thought the Internet.
14.3 Arbitration. Any controversies
or disputes arising out of or
relating to this Agreement shall be
resolved by binding arbitration in
accordance with the then current
Commercial Arbitration Rules of
either the American Arbitration
Association. The parties shall
endeavor to select a mutually
acceptable arbitrator knowledgeable
about issues relating to the subject
matter. In the event the parties are
unable to agree to such a selection,
each party will select an arbitrator
and the arbitrators in turn shall
select a third arbitrator. The
arbitration shall take place at the
city of Kissimmee, Florida, USA. Or
thought the Internet.
14.4 Documents, Materials and
Information. All relevant materials
in the possession of each party to
the claim/dispute shall be made
available to the other party for
review and copying no later than
forty-eight (48) hours after the
notice of arbitration is served.
14.5 Final Authority. The
arbitrator(s) shall not have the
authority, power, or right to alter,
change, amend, modify, add or
subtract from any provision or to
award punitive damages. The
arbitrator shall have the power to
issue mandatory orders in connection
with the arbitration. The award
rendered by the arbitrator shall be
final and bind on the parties, and
judgment may be entered thereon in
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