The following are the terms and conditions for use of the Easyway
IT Services ("Easyway") data backup service. Please read
them carefully. Our Service is offered to you with the condition
you accept without modification the terms and conditions contained
herein. The Laptop Shop Limited, the company that runs the Easyway
service, may change the Terms of Use at any time. You understand
that by using the Service after a change becomes effective, you
have agreed to it. By purchasing the Service from Easyway, you are
indicating your agreement to be bound by all of the terms and conditions
set forth in this document.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS. YOU SHOULD
READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR RIGHTS AND OURS.
1. GENERAL
These Terms of Use (the "Agreement") are entered into
by and between the customer ("you", "your" or
"Subscriber") and Easyway. ("The Laptop Shop Limited",
"Easyway IT Services", "us" or "we").
You are deemed to have accepted this Agreement upon your accepting
the Terms of Use electronically during registration. 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 Use, all of which are incorporated
herein by reference. The Agreement and related policies are also
set forth on the Easyway website ("Website"). The Agreement
sets forth the terms and conditions under which you agree to use
the Service, and under which Easyway agrees to provide the Service
to you.
2. DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service" shall
mean the Easyway service as outlined on the Website, backup services
and other features, products and services provided by Easyway under
the service option that you have selected.
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. You understand that Easyway relies on the information
you supply and that providing false or incorrect information may
result in Service withholding or delays or the suspension or termination
of your customer account. You agree to promptly notify Easyway whenever
your personal or billing information changes (including for example,
your name, address, telephone number, and credit card number and
expiration date).
3.2 You agree that you are responsible for all use on your account.
You understand this means that you accept full liability and responsibility
for the actions of anyone who uses the Service via your account,
with or without your permission.
4. PRIVACY POLICY
Easyway will treat your personal information in accordance with
its current Privacy Policy, subject to change from time to time.
You agree to the terms of the Privacy Policy, which describes Easyway's
use and disclosure of information about your account and your use
of the Service.
5. AVAILABILITY OF SERVICE
5.1 The Service you select may not be available at all times, and
may not be available in the format generally marketed, and some
personal computers may not be available to receive the Service.
Please see on the Website the list of the operating systems that
Easyway currently backup.
5.2 Easyway 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.
6. TERM AND TERMINATION
6.1 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 this Paragraph 12, until
terminated by either party as permitted by this Agreement.
6.2 Termination of Service
6.2.1 Subscription Services can be terminated by the customer by
notifying Easyway, in writing, at least three (3) days prior to
the end of the current subscription period at cancellations@Easyway.com.
6.2.2 Termination and/or Suspension by Easyway. If, in the sole
discretion of Easyway: (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, Easyway's network, or the use and
enjoyment of other users; or (c) Easyway receives an order from
a court to terminate your Service; (d) Easyway for any reason ceases
to offer the Service; or (e) you are no longer a Easyway customer,
then Easyway at its sole election may terminate or suspend your
Service immediately without notice.
6.2.3 Terminated Account. Easyway, 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.
7. PRICING AND PAYMENT
7.1 Pricing and Fees. Easyway fees and charges for the Subscription
Service(s) you select are supplied to you during the ordering process
and are available on the Website. You agree to pay the charges applicable
to your selected Service plan. Annual recurring charges (subscription
plans) will be billed one year in advance. Easyway or its agents
will bill you directly, or charge your credit card, as you request
and as approved by Easyway.
7.2 Discontinuation of Service for Nonpayment. Service to you may
be denied or discontinued without notice at any time if 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.
7.3 The waiver of any fees or charges lies solely at the discretion
of Easyway.
8. LIMITATIONS ON USE OF THE SERVICE
8.1 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.
8.2 You agree that the Internet is not owned, operated or managed
by, or in any way affiliated with Easyway and Easyway 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
Easyway does not own or control all of the various facilities and
communications lines through which service may be provided, nor
does Easyway guarantee access to or through websites, servers or
other facilities on the Internet, whether or not such facilities
are owned or controlled by Easyway.
8.3 You agree that Easyway 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.
8.4 You agree that the Internet is not a secure network and that
third parties may be able to intercept, access, use, or control
the information you transmit or receive over the Internet. Easyway
encrypts all of your data using 128-bit encryption prior to transmission
to its servers and undertakes its best efforts to ensure your data
remain secure. Easyway is not responsible for invalid destinations,
transmission errors or corruption or the security of your data.
8.5 You are not authorized to use any Easyway name or mark as a
hypertext link to any Easyway website or in any advertising, publicity
or in any other commercial manner without the prior written consent
of zuuMedia Plc. You understand that your ability to link to a website
through the Service does not, in any way, represent or imply Easyway's
approval of, or its determination of the quality of that product
or service, and that links are provided for your convenience only.
The links provided through the Service are maintained by their respective
organizations, which are solely responsible for their content. Authorized
use of the Easyway name and hyperlinks to the Easyway web site are
acceptable within the context of membership of Easyway's Referral
program.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1 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
EASYWAY (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT
OR SOFTWARE), EASYWAY (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 COURSE OF DEALING,
COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION
GIVEN BY EASYWAY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
USE OF EASYWAY SUPPORT DESK IS AT YOUR OWN RISK AND IS NOT WARRANTED.
9.2 EASYWAY DOES NOT WARRANT THAT THE SERVICE PROVIDED BY EASYWAY
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. EASYWAY SHALL NOT BE LIABLE FOR LOSS OF YOUR
DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE
MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE
OR OTHERWISE AFFECT ITS PERFORMANCE. EASYWAY MAKES NO WARRANTY REGARDING
ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. EASYWAY
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 IF AN ERROR OCCURS.
9.3 IN NO EVENT SHALL EASYWAY (OR ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS
OR SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION,
LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF
THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE
OR STRICT LIABILITY, EVEN IF EASYWAY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER
PARTY.
9.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO
APPLY TO EASYWAY'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS,
AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
9.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH
Easyway (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND
AFFILIATES), Easyway'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS,
ARE COLLECTIVELY RESPONSIBLE.
9.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR
SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER
CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU.
9.7 EASYWAY RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND
EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF
THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES
RELATING TO THE SERVICE.)
10. INDEMNITIES
You agree to defend, indemnify and hold harmless Easyway from and
against all liabilities, costs and expenses, including reasonable
lawyer'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 account, 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 account, 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.
11. NOTICES
11.1 Notices required under this Agreement by you shall be provided
to the eCare Department. Notices by Easyway to you shall be deemed
given: (a) when sent to your registered email address, or (b) when
deposited in the mail addressed to you at last-known address or
(c) when hand delivered to your home, as applicable. Notice of changes
to this Agreement and these Terms of Use will be deemed given upon
posting to the pages on the Website.
11.2 With regard to electronic communications, you and Easyway
further agree that: (a) the membership number and/or alias of a
sender, contained in an electronic communication ("email'),
is legally sufficient to verify the sender's identity and the authenticity
of the communication; (b) an email sent containing your membership
number and/or alias establishes you as its originator and has the
same effect as a document with your written signature on it; and
(c) an email or any computer printout of it, is a valid proof of
the validity of the original content of the electronic communication.
12. GENERAL PROVISIONS
12.1 All obligations of the parties under this Agreement, which,
by their nature, would continue beyond the termination, cancellation
or expiration of this Agreement, including by way of illustration
and not limitation, those clauses relating to Limitation of Liability
and Indemnities, shall survive such termination, cancellation or
expiration.
12.2 Easyway will not be liable for delays, damages or failures
in performance due to causes beyond its reasonable control, including,
but not limited to, acts of a governmental body, acts of God, acts
of third parties, fires, floods, strikes or other labor-related
disputes, of other things we do not control, or an inability to
obtain necessary equipment or services.
12.3 You agree not to assign or otherwise transfer, this Agreement
in whole or in part, including any software or your rights or obligations
under it. Any attempt to do so shall be void. We may assign all
or any part of this Agreement without notice and you agree to make
all subsequent payments as directed.
12.4 The construction and validity of these Terms of Use are to
be governed by English law, and the English courts are to have jurisdiction
over all matters relating to and arising out of these terms.
12.5 Easyway's failure at any time to insist upon strict compliance
with any of the provisions of this Agreement in any instance shall
not be construed to be a waiver of such terms in the future. If
any provision of this Agreement is determined to be invalid, illegal
or unenforceable, the validity, legality, and enforceability of
the remaining provisions shall not in any way be affected or impaired
thereby, and the unenforceable portion shall be construed as nearly
as possible to reflect the original intentions of the parties.
12.6 This Agreement, including all Attachments and all other policies
posted on the Website, which are fully incorporated into this Agreement
either by attachment or by reference, constitutes the entire agreement
between you and Easyway with respect to the subject matter hereto
and supersedes any and all prior or contemporaneous agreements whether
written or oral. Any changes by you to this Agreement, or any additional
or different terms in your purchase orders, acknowledgements or
other documents, written or electronic, are void.
If you have any additional questions, please feel free to contact
us any time at info@easyway-it.com.
April 2006
