Please read this document carefully. It contains very important information about your rights and obligations as well as limitations and exclusions that may apply to you.
These terms of use (hereinafter the “Agreement”) apply to your subscription to the EZ Touch Solutions llc services.
1. ACCEPTANCE OF THESE TERMS AND CONDITIONS
By purchasing a subscription, you agree to be bound by the Agreement, which governs your use of the IT Services, which is provided to you by EZ Touch Solutions llc. If you agree to these Terms of Use on behalf of your employer, you represent that you have the authority to do so, in which case, reference hereinafter to “you” and “your” will also refer to your employer. If you do not agree to be bound by the Agreement, notify your provider at once. Your subscription will be terminated and you will not be given access to the service.
2. THE SERVICES
2.1 EZ Touch Solutions llc allows you to back up and restore your data, (collectively, the “Content”) via the Internet, access cloud services, server and network management and web hosting services. It is solely your responsibility to maintain original versions of the content that you backup through the service.
2.2 EZ Touch Solutions llc makes reasonable efforts to provide you with uninterrupted access to the IT Services. However, there will be occasions when the services will be interrupted, including, for maintenance, upgrades, emergency repairs or the failure of telecommunications equipment and services. EZ Touch Solutions llc will take reasonable steps to minimize such disruption.
3. YOUR USE OF THE SERVICES
You are solely responsible for all content that you transmit, store, view or restore through the IT services. You agree that your use of the EZ Touch Solutions llc services will fully comply with all applicable laws, rules and regulations and that it will also comply with all regulations, policies and procedures of networks through which you access and use the services. Without limiting the generality of these requirements, you agree that you will not use the services to:
• Transmit, store, view or restore content that: (i) contains illegal material; (ii) is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious or offensive, as determined by Background in its sole discretion; (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law; or (iv) contains any viruses, worms, Trojan horses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the service;
• Transmit, store, view or restore content, in ways that would violate any applicable privacy policy or applicable privacy law, rule or regulation. EZ Touch Solutions llc will not be responsible or liable for your failure to comply with the above.
Plan or carry out any illegal activity;
• Violate the intellectual property rights or other rights of any third party, including, without limitation, any person’s copyrights in music, videos, images, books or other works;
• Breach any duty of confidentiality that you owe to anyone;
• Sell Content to others, charge anyone for access to our site or otherwise use, sell or share the EZ Touch Solutions llc services for any unacceptable commercial purpose.
4. SOFTWARE
If you receive Software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software.
We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software.
Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
5. DISCLAIMER OF WARRANTIES
The transmission, storage, viewing and restoration of content through the Internet are subject to a variety of conditions that make such transmission, storage, viewing and restoration potentially unreliable. Accordingly, to the fullest extent permitted by law, you agree that use of the EZ Touch Solutions llc services is at your sole risk. The services are provided to you on an “as is” and “as available” basis.
EZ Touch Solutions llc expressly disclaims all warranties and conditions of any kind, whether express or implied, with respect to the services, including, but not limited to, the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement. Without limiting the foregoing, EZ Touch Solutions llc makes no representation or warranty: (a) that the services will meet your requirements; (b) that the services or your access to it will be uninterrupted, timely, secure, virus-free or error-free; (c) that your content will not be lost, compromised or damaged; (d) that your computer or network operations or those of any person with whom you share content will not be negatively affected by your use of the services; (e) that any data on your computer or network will not be lost or damaged as a result of your use or non-use of the services; or (f) that defects in the services will be corrected. No advice or information, whether oral or written, obtained by you from EZ Touch Solutions llc or through the services shall create any warranty not expressly made herein.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law, EZ Touch Solutions llc shall not be liable for any indirect, incidental, special, consequential or punitive damages or lost profits, or lost revenue arising out of this agreement, including without limitation: (1) the use of or inability to use the services, (2) loss or alteration of content, (3) any claim attributable to errors, omissions or other inaccuracies in the services, (4) unauthorized access to or alteration of content or other transmissions, or (5) any other matter relating to the services, even if EZ Touch Solutions llc has been advised of the possibility of such damages. To the extent permitted by law, you agree that EZ Touch Solution llc’s total liability for damages related to the services is limited to the total amount you have paid for the services over the 12 month period leading up to the cause of the claim.
Notwithstanding anything in these Terms of Use to the contrary, the remedies set forth in these Terms of Use shall apply: (i) even if such remedies fail their essential purpose, (ii) as a result of a breach of a fundamental term of the Agreement, or (iii) as a result of a fundamental breach of the Agreement.
7. THIRD-PARTY CLAIMS/INDEMNIFICATION
You agree that you are personally responsible for your behavior in connection with the IT Services. EZ Touch Solutions llc shall not be liable for claims made against you or EZ Touch Solutions llc arising out of your use of the services, and you hereby agree to indemnify and hold EZ Touch Solutions llc, its related companies, officers, directors, employees and agents harmless from and against any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising, directly or indirectly, in whole or in part, out of your use of the services.
8. SECURITY
We ensure the protection and honesty of the data it gathers by utilizing fitting authoritative conventions, specialized shields, and actual security controls intended to restrict access, identify and forestall the unapproved access, inappropriate divulgence, adjustment, or obliteration of the data under its influence.
9. TERMINATION
We reserve the right to change, suspend, limit or discontinue any of our Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law.
If we terminate, limit or suspend your access to our website:
- You don’t have a contractual or legal right to continue to use our website. We will not be liable to you for the effect that any changes to the Service may have on you.
10. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.