iStore Remote Support Terms of Service Agreement
Our Service is offered to you with the condition you accept, without modification, the terms and conditions set forth herein. iStore may change the types of services included in this Agreement at any time without prior notice. You understand that by using the services provided by iStore after a change becomes effective, you have agreed to it. By accepting services from iStore, you are indicating your agreement to be bound by all of the terms and conditions outlined in this Agreement.
This Agreement is entered into between the Customer (“you” or “your”) and iStore LLC, DBA iStore. (“iStore”, “us” or “we”). You accept this Agreement upon:
A. your submission to us of an online or telephone request for Service, in verbal or written notice;
B. you are accepting this Agreement electronically during registration or in the course of initiating a support session whether online or by telephone; or
C. your use of the Service.
This Agreement is made up of a preamble, the terms herein, all attachments to this Agreement and any other policies and materials specifically referred to in this Agreement, all of which are incorporated herein by reference. The Agreement sets forth the terms and conditions under which you agree to use our Service, and under which iStore agrees to provide Service to you.
For this Agreement, the following terms are defined as follows:
2.1. “iStore” shall mean and include iStore LLC, its members, employees, contractors, agents, successors or assigns;
“Service” shall mean all the “Pro-Active Cloud” service Package which includes antivirus support, remote support, 24/7/365 monitoring/maintenance, and cloud back up service, or such other services as are ordered by you or provided to you by iStore;
2.2. “Software” shall mean, but is not limited to, any software that is required for or included in the Service;
2.3. “Third Party Providers” shall mean and include all of iStore’ third party licensors, providers and
3.AUTHORIZED USER, USE AND RESPONSIBILITIES
3.1. You acknowledge and agree that you have the legal authority to enter into this Agreement and confirm that the information you supply to us is correct and iStore relies on the information you supply. Providing false or incorrect information may result in Service being withheld, delayed, suspended or terminated at the discretion of iStore. Also, if iStore relies on this false or incorrect information this may result in iStore providing Service that adversely affects the Client and iStore shall not be responsible at any time for loss, alteration or corruption of the Software, your software, data or files.
3.2. You agree to promptly notify iStore whenever your billing information changes (i.e., name, address, telephone number, and/or credit card number and expiration date).
3.3. You are responsible for all users on your account and 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. 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 any other storage devices you may have before using the Service by iStore or its Third Party Providers. iStore or it’s Third Party Providers shall not be responsible at any time for loss, alteration or corruption of the Software, your software, data or files.
3.5. You agree that your computer systems meet the following minimum system requirements:
A.Windows 7/Mac OSX (macOS) 10.10 or newer; and
B. A functional DSL or cable high-speed Internet connection.
iStore and it’s Third Party Providers reserve the right to refrain from providing all Service ordered 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 Agreement as reasonably determined by iStore or its Third Party Providers.
3.6. iStore is not obliged to support the Software if the Customer is not using the versions of the operating system software as specified by the Software supplier or recommended by iStore from time to time, or if the Customer fails to maintain the Software at the supplier’s specified release or if the Software license has expired.
3.7. Provision of the Service does not imply any guarantee or representation that iStore will be able to assist the Customer in achieving any results from the Software which are not technically feasible. Subject to this, any services which are outside the scope of this Agreement will, at the Customer’s request and at iStore’ option, be provided at iStore’ then-current rates for such services or as otherwise agreed between the parties.
4.PERMISSION TO CONNECT
4.1. The Customer hereby permits iStore to remotely or directly access and connect to the Customer’s computer systems and network for the express purpose of providing Service. The Customer will cooperate in good faith to enable such connections to occur.
5.1. The parties recognize that under this Agreement they may each receive trade secrets and confidential or proprietary information of the other party, including but not limited to commercial information, products, customers, business accounts, finance or contractual arrangements or other dealings, program source and object codes. All such information that is either marked ‘Confidential’ or stated at the time of disclosure and subsequently confirmed in writing to be confidential constitutes ‘Confidential Information’. Each party agrees not to divulge Confidential Information received from the other to any of its employees, permitted agents and contractors who do not need to know it and to prevent its disclosure to or access by any third party without the prior written consent of the disclosing party.
5.2. Notwithstanding the foregoing, the parties also recognize that each may disclose Confidential Information:
A. that was or subsequently becomes publicly available other than by acts of the other party;
B. that was already known to the other party before it being provided;
C. that was received by the other party from a third party without an obligation of confidence of any kind; and
D. to the extent required by applicable law or by order of a court or other governmental authority of competent jurisdiction
5.3. Upon the termination of this Agreement each party shall return to the other party all Confidential Information which is then in its possession or control, and shall remove all digital representations and electronic manifestations of the same in any form from all storage media in its possession or under its control.
5.4. iStore will not sell or rent your Confidential Information to anyone unless you expressly consent to the disclosure of Confidential Information to third parties. We may send Confidential Information about you to third parties when we:
A. have your consent to share the Confidential Information; or
B. find that your actions on our website violate this Agreement; or
C. 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 iStore, 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 computer systems and networks may not be available to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. All Service is provided on an “As Is” or “As Available” basis and immediate access and availability of Service are not guaranteed
6.2. iStore or its Third Party Providers may, at any time, without notice or liability, restrict the use of the Service or limit the time of availability to perform any Service.
7.TERM AND TERMINATION
7.1. This Agreement goes into effect upon your acceptance of this Agreement as outlined in Section 1 and shall continue, subject to the terms of Section 1, for 12 months, and thereafter on a month-to-month basis until terminated by either party as permitted by this Agreement.
7.2. iStore may terminate or suspend Service, at its sole discretion, immediately and without notice, if:
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 or Software);
B. any attempt is made, other than by iStore or its Third Party Providers to remove any defects or deal with any errors in the Software
C. Any development, enhancement or variation of the Software is carried out other than by the Software supplier, iStore or its Third Party Providers;
D. your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service or iStore’ network;
E. iStore receives an order from a court to terminate your Service;
F. iStore for any reason ceases to offer the Service;
G. you are no longer a Customer;
H. you have failed to pay an invoice under the provisions of this Agreement; or
I. where, in the reasonable opinion of iStore, the Customer’s computer system or network has ceased to be capable of operating the Software successfully for any reason.
7.3. The Customer may terminate this Agreement if iStore is in material or continuing breach of any of its obligations under this Agreement and fails to remedy the same (if capable of remedy) for ten days after written notification of the breach has been delivered by the Customer to iStore.
8. LIMITATIONS ON USE OF THE SERVICE
8.1. You agree that your use of the Software and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable municipal, provincial, 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 iStore and iStore is not responsible and has no control over the information or materials accessible via the Internet through the use of the Service. You further agree that iStore does not own or control any of the facilities and communication lines through which Service may be provided, nor does iStore guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned, leased or controlled by iStore.
8.3. You agree that iStore 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 information or data input and output and for maintaining a means external to the Service for the reconstruction and input of any lost data.
8.4. 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. iStore is not responsible for invalid destinations, transmission errors, or corruption or security of your information or data.
8.5. You agree to ensure that the licenses authorizing your use of the Software are in effect throughout the term of this Agreement and that the Software is used only as permitted by the terms of the applicable licenses.
8.6. If iStore or it’s Third Party Provider can render Service is impaired by you or circumstances beyond the control of iStore or its Third Party Provider, iStore and its Third Party Provider may choose not to provide Service.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1. You acknowledge and agree that the Service supplied is provided on an “As Is” or “As Available” basis, with all faults. Except as otherwise specifically outlined in this Agreement and as otherwise specifically outlined in any manufacturer warranty for any equipment or software provided by iStore (but only if such warranty is included with such equipment or software), iStore and it’s Third-Party Providers, disclaim any 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 iStore or its Third Party Providers shall create a warranty. The use of iStore’ Service is at your own risk and is not warranted.
9.2. iStore does not warrant that its 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.
9.3. iStore 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. iStore makes no warranty regarding any transactions executed using the Service or the Internet. iStore 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.
9.4. In no event shall iStore or it’s Third-Party Providers, be liable to you or any other person for any indirect, incidental, exemplary, special or consequential damages of any kind whatsoever, including without limitation, liability concerning, expenses, costs, revenue, profits, lost savings or earnings, lost or corrupted data, business interruption, failure to recognize expected savings or other liability arising out of, or related to, the Service provided by iStore or its Third Party Providers or from the installation, uninstallation, reinstallation, use of, or inability to use your computer equipment, hardware, peripherals, or the network resulting from the Service provided hereunder, or to the extent of any claims against you by any other party.
9.5. Except as expressly stated in this section and elsewhere in this Agreement, any liability of iStore for breach of this Agreement will not exceed in the aggregate, for any one event or series of connected events, for any expense, damage, loss, injury, or liability, of any kind or nature whatsoever being awarded to the Customer, the total price paid or due to be paid by the Customer under this Agreement to iStore.
9.6. The Customer agrees that it has accepted these terms and conditions in the knowledge that iStore’ liability is limited and that the prices and charges payable have been calculated accordingly. The Customer is advised to make their own insurance arrangements if it desires to limit its exposure to risk or if it requires further or different coverage.
10.1. You agree to defend, indemnify and hold harmless iStore from and against all liabilities, costs, and expenses, including fees on a solicitor and his or her client’s basis, related to or arising from:
A. any violation of applicable laws, regulations or this Agreement by you (or any party who uses your computer systems 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 party who uses your account to access the Service);
C. negligent acts, errors, or omissions by you (or any party who uses your computer systems 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 iStore; or
E. claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.
11. CHARGES AND PAYMENT TERMS
11.1. Upon expiration of the initial 12-month term, the Customer will be invoiced monthly in advance for the Service charge. All Service charges are exclusive of expenses reasonably incurred in the performance of this Agreement by iStore, which will be payable in addition to, and these and other charges will be invoiced monthly in arrears. Upon invoice, iStore will charge the Service charge to Customer’s credit card on file with iStore. Any decline of charges or reverse of charges may result in immediate termination of Service and this Agreement at iStore’s sole discretion. All charges are exclusive of any applicable taxes, which will be applied under all applicable laws.
11.2. If any charges are denied or reversed that are not promptly remediated by the Customer will be considered overdue and remain payable by the Customer together with interest for late payment from the date payable at a rate of 18% per annum. This interest will accrue daily and be payable on demand.
11.3. Notwithstanding the above provision for late payment, in this event iStore may at its option, and without prejudice to any other remedy at any time after payment has become due, temporarily suspend Service or terminate this Agreement.
11.4. If iStore becomes entitled to terminate this Agreement for any reason, any sums then due to iStore will immediately become payable in full.
12. EMPLOYMENT RESTRICTION
While this Agreement is in force and for 12 months from its termination for any reason, the Customer will not actively solicit or canvas the employment of any person employed or a consultant acting on behalf of iStore who was assigned to work on the Customer’s system in the preceding 12 months. If the Customer is in breach of this condition, the Customer, recognizing that iStore will suffer substantial damage, will pay to iStore by way of liquidated damages and not by way of penalty a sum equal to the gross annual salary or the contractor fees, whichever is applicable, paid to that person by iStore in the immediately preceding 12 months.
13. GENERAL PROVISIONS
13.1. 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 sections relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
13.2. iStore 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, or other things we do not control, or an inability to obtain necessary equipment or Service. In the event of a force majeure, iStore shall use commercially reasonable efforts to remedy the situation and remove the cause of its inability to perform this Agreement as is reasonably possible.
13.3. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the 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. This Agreement shall be binding on iStore’s successors or assigns.
13.4. You and iStore agree that the substantive laws of the State of Tennessee, USA, without reference to its principles of conflicts of laws, will be applied to govern, litigate, arbitrate, construe and/or enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. The venue of any action shall be the federal, state and local courts located in Greenville County, South Carolina. Except as otherwise required by law, any cause of action or claim you may have concerning the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
13.5. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable.
13.6. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, in any respect, then the remaining provisions of this Agreement, or the application of such provisions to persons or circumstances, other than those to which it is invalid or unenforceable, shall not be affected thereby, and each such provision of this Agreement shall be valid and enforceable to the extent granted by law.
13.7. iStore’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.
13.8. This Agreement, including all attachments and all other policies posted on iStore Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and iStore concerning the subject matter hereto and supersedes 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, acknowledgments or other documents, written or electronic, are void unless the changes are made in writing and executed by the parties.
13.9. This Agreement may be executed in one or more counterparts, including by facsimile transmission, each of which when executed shall be deemed to be an original and all of which taken together shall constitute the same Agreement.
All new products carry their own manufacturer’s warranty. Any new unopened product may be refunded or exchanged within 10 days of the original purchase date with the following exceptions and conditions:
All returns must be accompanied by a receipt, no returns will be accepted without proof of purchase. Opened items may be returned within ten days subject to a 15%-30% restock fee and must be in new, unused condition with all original undamaged packing materials. Opened items that are missing packaging and/or are not in new conditions are not returnable. Opened iPods and Apple Watches are not returnable.
Opened iPads may be returned within ten days subject to a 20% restock fee. Speciality ordered items may be returned within 10 days subject to a 30% restock fee. C.T.O. (Customized To Order) Or B.T.O. (Built To Order) Macs, Shipping Charges, Batteries, cables, screen protectors, single-use products,AppleCare, Data Recovery, Data Transfer, Data Services, Opened iPhone or iPad Cases, software, in-ear or over-ear headphones, open box, sale & clearance items. No refunds or exchanges after 10 days of purchase.
AppleCare and CoreProtection products are non-refundable through iStore.
For AppleCare refunds, please call 800-APL-CARE, for CoreProtection refunds, please call SafeWare at 800-800-1492. Prices are subject to substantial change without notice. All prices are final at time of sale. AppleCare Terms and Conditions – https://www.apple.com/legal/sales-support/applecare/appmacnaen.html
Minimum $35 fee for returned checks plus bank charges. Unless otherwise stated in a mutually signed contract, invoice shall be paid in full within 15 days of its creation. If charges are not paid in full by their due date, a finance charge of 1.5% per month (18% annum) will be charged to the customer.
No in-store cash refunds on purchases over $100. iStore will refund any sale over $100 by check mailed to customer within 7 to 10 business days.
iStore is not responsible for customer data under any circumstances. Data backup prior to work is the sole responsibility of the customer. iStore will not be liable for any damage caused by fire, theft, accident, or any other cause, which is beyond its control. Customer agrees to waive any liability, and to hold harmless iStore the event of customer data loss, fire, theft, accident, or any other cause, which is beyond our control.
All repairs come with a 90 day parts and labor warranty for the repaired components only, if the repair is covered by Apple Warranty or AppleCare Warranty, the repair is guaranteed to the life of said warranty.
Apple Warranty Repair Status is available to view online at – https://checkrepair.apple.com Apple may send you a brief survey inviting you to share your repair experiences with them.
Apple Warranty does not cover time if: Issue caused by non-Apple hardware; result of software; no trouble found; data recovery requested; physical damage; exposure to liquid or accidental damage. AppleCare Terms and Conditions – https://www.apple.com/legal/sales-support/applecare/appmacnaen.html
iPhones and iPads that have had non-Apple authorized parts or repair performed are INELIGIBLE for repair. By signing you agree that no such unauthorized repair, part installation, part modification or opening of device has been performed and that iStore will not be liable for any damage to your iPhone/iPad or Mac if non-Apple Authorized service has been performed. Customer agrees to our fee schedule located at – https://www.istoregreenville.com/service
iStore Wi-Fi Services Acceptable Use Policy (AUP)
iStore’s “Wi-Fi Service” is a free wireless internet service provided to iStore’s guests while they are visiting at IStore.
iStore is at all times committed to complying with the laws and regulations governing use of the internet, e-mail transmission and text messaging and preserving for all of its guests the ability to use iStore’s network and the internet without interference or harassment from other users. iStore’s Acceptable Use Policy (“AUP”) is designed to help achieve these goals.
By using the Wi-Fi Service, as defined below, you acknowledge and agree to comply with this AUP and to remain responsible for its usage of iStore’s Wi-Fi Service. Your access to the Wi-Fi Service is conditioned on legal and appropriate use of the Wi-Fi Service and your compliance with the terms and conditions of the AUP. Failure to comply with the AUP is grounds for termination of your access to the Wi-Fi Service.
iStore reserves the right to change or modify the terms of the AUP at any time, effective when posted on iStore’s website athttps://www.istoregreenville.com/contact-form/frequently-asked-questions/terms-conditions/. Your use of the Wi-Fi Service after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
iStore is a family friendly store and must respect the rights of all its guests. Accordingly, some internet websites may not be available through the Wi-Fi Service due to filtering software. The filtering software is not perfect and may block some sites which are not inappropriate for guests of all ages. We apologize in advance for any inconvenience if a website is blocked.
Scope of the AUP
The AUP applies to iStore’s provision of access to the internet through wireless data networks (collectively “Wi-Fi Services”).
General Prohibitions: iStore prohibits use of the Wi-Fi Services in any way that is unlawful, harmful to or interferes with use of iStore’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the iStore’s-branded website or from a website that contains iStore’s-branded content is a violation of this AUP.
Unlawful Activities: You acknowledge and agree that you will not use the Wi-Fi Services in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. iStore will report any discovered violation of this prohibition to the appropriate law enforcement agency.
Violation of Intellectual Property Rights: You acknowledge and agree that you will not use the Wi-Fi Services to publish, submit, receive, upload, download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of iStore or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: You acknowledge and agree that you will not use the Wi-Fi Services to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name) that harasses or threatens the health or safety of others. In addition, iStore reserves the right to decline to provide the Wi-Fi Services if any content is determined by iStore to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Child Pornography: Wi-Fi Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to iStore at the following e-mail address: admin@iStore.com. iStore will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and/or law enforcement agencies and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail/Usenet Abuse: You acknowledge and agree that you will not use the Wi-Fi Services in violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services.
Spam/E-mail or Usenet abuse is prohibited using Wi-Fi Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:
sending multiple unsolicited electronic mail messages or “mail-bombing”- to one or more recipient;
sending unsolicited commercial e-mail or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the iStore’s network or of any networks with which iStore interconnects, by virtue of quantity, size or otherwise;
using another site’s mail server to relay mail without the express permission of that site;
using another computer, without authorization, to send multiple e-mail messages or to re-transmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
using IP addresses that the Guest does not have a right to use;
collecting the responses from unsolicited electronic messages;
maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
sending messages that are harassing, malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Wi-Fi Services or the internet (e.g., through language, frequency, size or otherwise);
using distribution lists containing addresses that include those who have opted out;
sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
using redirect links in unsolicited commercial e-mail to advertise a website or service;
posting a message to more than ten (10) online forums or newsgroups that could reasonably be expected to generate complaints;
intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;
knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other internet Service Provider, including, but not limited to, the facilitation of the means to spam.
Guests are responsible for ensuring and maintaining security of their systems and the machines that connect to and use Wi-Fi Services, including implementation of necessary patches and operating system updates.
You acknowledge and agree that you will not use the Wi-Fi Services to interfere with, gain unauthorized access to, or otherwise violate the security of iStore’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;
hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the internet or any other means of communication;
distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;
engaging in the transmission of pirated software;
using any software or device designed to defeat system time-out limits or to allow Guest’s account to stay logged on while Guest is not actively using the Wi-Fi Services, is not shopping at iStore, or using such account for the purpose of operating a server of any type;
using manual or automated means to avoid any use limitations placed on the Wi-Fi Services;
providing guidance, information or assistance with respect to causing damage or security breach to iStore’s network or systems or to the network of any other provider; or failing to take reasonable security precautions to help prevent violation(s) of this AUP.
Guests remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Wi-Fi Services. iStore has no responsibility for any material created on the iStore network or accessible using Wi-Fi Services, including content provided on third-party websites linked to the iStore network. Such third-party website links are provided as internet navigation tools for informational purposes only and do not constitute in any way an endorsement by iStore of the content(s) of such sites.
Guests are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.
AUP Enforcement and Notice
Your failure to observe the guidelines set forth in this AUP may result in iStore taking actions anywhere from a warning to a suspension or termination of your Wi-Fi Services. When feasible, iStore may provide you with a notice of an AUP violation via e-mail or otherwise allow you to promptly correct such violation. However, iStore’s failure or inability to provide notice does not provide you with any recourse or remedy against iStore.
iStore reserves the right to act immediately and without notice to suspend or terminate affected Wi-Fi Services in response to a court order or government notice that certain conduct must be stopped or when iStore reasonably determines that the conduct may: (1) expose iStore to sanctions, prosecution, civil action or any other liability or which may harm iStore’s reputation, (2) cause harm to or interfere with the integrity or normal operations of iStore’s network or networks with which iStore is interconnected, (3) interfere with another iStore Guest’s use of Wi-Fi Services or the internet, (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to iStore or iStore’s Guests.
iStore has no obligation to monitor content of any materials distributed or accessed using the Wi-Fi Services. However, iStore may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests or to protect iStore’s network and its customers.
You agree to indemnify, defend, and hold harmless iStore and its affiliates, officers, directors, employees, agents, suppliers, or other partners, from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Wi-Fi Services, your violation or breach of this AUP, any violation of any law or regulation, or your violation of any rights of another. This Section will not be construed to limit or exclude any other claims or remedies that iStore may assert under the AUP or by law.
Limitation of Liability
You assume total responsibility for use of the Wi-Fi Service and the internet and access the same at your own risk. iStore AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR OTHER PARTNERS HAVE NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND THE WI-FI SERVICES, AND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, AND/OR LOSS OF PROFIT, ARISING OUT OF OR RELATED TO THE WI-IF SERVICE OR THIS AUP. Under no circumstances will iStore and its affiliates, officers, directors, employees, agents, suppliers, or other partners be liable to you or any third parties for any amount.
Disclaimer of Warranties
The Wi-Fi Service is provided on an “as is” and “as available” basis. iStore and its affiliates, officers, directors, employees, agents, suppliers, or other partners make no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose. No advice or information given by iStore and its affiliates, officers, directors, employees, agents, suppliers, or other partners about the Wi-Fi Services shall create a warranty. iStore and its affiliates, officers, directors, employees, agents, suppliers, or other partners do not warrant that the Wi-Fi Service will be uninterrupted, error-free, or free of viruses or other harmful components. You acknowledge (i) that the Wi-Fi Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Wi-Fi Service; (iii) that iStore does not guarantee the security of the Wi-Fi Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that iStore’s ability to provide the Wi-Fi Service without charge is based on the limited warranty, disclaimer and limitation of liability specified herein and it would require a substantial charge if any of these provisions were unenforceable.
Any and all disputes, controversies, or claims arising out of, relating to, or having any connection with this AUP or otherwise related to your use of the Wi-Fi Service or the existence, validity, breach or termination thereof, including, but not limited to, any question regarding the validity, interpretation, scope, performance, or enforceability of this dispute resolution provision, will be exclusively and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA Optional Procedures for Large, Complex Commercial Disputes. The arbitrator may, at either party’s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing herein will prevent the parties from seeking interim injunctive relief against one another. The arbitration will be conducted before a single arbitrator and limited solely to the dispute between Reseller and Company. The arbitration shall be held in Greenville County, South Carolina, U.S.A. Any decision rendered in such arbitration proceedings will be final and binding on each of the Parties, and judgment may be entered thereon in any court of competent jurisdiction. Any arbitration brought hereunder, and all disputes determined therein, shall be governed by South Carolina law. The prevailing Party shall be entitled to recover its attorneys’ fees, costs and other expenses. The arbitrator shall not issue any award, grant any relief or take any action that is prohibited by or inconsistent with the provisions of this Agreement and may not, under any circumstances, award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Any complaints regarding violation of this AUP should be directed to admin@iStoregreenville.com. Where possible, include details that would assist iStore in investigating and resolving such complaint (e.g. expanded headers, IP address(es), a copy of the offending transmission and any log files).
Contact Information: Any notification that iStore sends to a Guest pursuant to this AUP will be sent via e-mail to the e-mail address on file with iStore or may be in writing to Guest’s address of record. It is Guest’s responsibility to promptly notify iStore of any change of contact information.
This AUP constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and iStore with respect to its subject matter and supersedes all prior writings or understanding.
The Wi-Fi Service and the AUP are governed by U. S. federal law and/or the laws of the State of South Carolina. Any legal action or proceeding relating to your access to, or use of, the Wi-Fi Services or this AUP shall be instituted only in a state or federal court located in the state of South Carolina. You and iStore agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If any part of this AUP is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.