Unless otherwise stated in writing, all fees and charges are nonrefundable. IQ COMPUTER SERVICES may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance. Uncollected payment due is required within five business days after notification. All unclaimed property is subject to forfeiture after 30 days from notice. Storage fees of $5 per day begin on sixth day after notification of non-payment.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
IQ COMPUTER SERVICES may change the terms and conditions of the Service from time to time. Upon any such change, IQ COMPUTER SERVICES will notify the Customer by posting the changes to the site from which the Service was purchased. IQ COMPUTER SERVICES reserves the right to modify or discontinue the Service with or without notice to Customer. IQ COMPUTER SERVICES shall not be liable to Customer or any third party should IQ COMPUTER SERVICES exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA Customer agrees that prior to IQ COMPUTER SERVICES servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, on any other electronic storage device; and (2) remove all compact disks, floppy disks, DVDs, flash drives or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from IQ COMPUTER SERVICES and/or its third party service provider, neither IQ COMPUTER SERVICES nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, compact disks, floppy disks, DVDs or other media.
LIMITATIONS TO SERVICE
IQ COMPUTER SERVICES shall not be liable for any failure or delay in performance due to any cause beyond its control. IQ COMPUTER SERVICES and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund 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 these Service Terms, as determined by IQ COMPUTER SERVICES. Any parts removed from system become property of IQ COMPUTER SERVICES for the purpose of proper disposal.
Customer agrees to indemnify, defend, and hold harmless IQ COMPUTER SERVICES (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by IQ COMPUTER SERVICES by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due IQ COMPUTER SERVICES or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IQ COMPUTER SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IQ COMPUTER SERVICES MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES IQ COMPUTER SERVICES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM IQ COMPUTER SERVICES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; IQ COMPUTER SERVICES WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
IQ COMPUTER SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF IQ COMPUTER SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER. It is Customer’s responsibility to back-up the software and data that is stored on Customer’s computers, hard disk drive(s), and/or on any other storage devices Customer may have, and IQ COMPUTER SERVICES shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. IQ COMPUTER SERVICES shall not be liable in any way for damages arising from any
part, equipment, peripheral, software or other product supplied to Customer by IQ COMPUTER SERVICES. Notwithstanding any language to the contrary, IQ COMPUTER SERVICES’ maximum liability to Customer arising from or related to IQ COMPUTER SERVICES under this Agreement shall be limited to the sums paid by Customer to IQ COMPUTER SERVICES under this Agreement during the three months prior to the time the cause of action arose.
Either Customer or IQ COMPUTER SERVICES may immediately terminate the Service upon written notice to the other party. Upon termination of the Service, Customer’s right to use the Service immediately ceases. Customer shall have no rights and IQ COMPUTER SERVICES will have no obligations regarding the Service thereafter.