REGARDING YOUR USE OF IYOGI’S WEBSITE AND IYOGI’S
COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH IYOGI. YOU SHOULD READ
THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW
LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS,
LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD
OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS
FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS &
CONDITIONS WILL BE IMPLIED BY THE USE OF THE IYOGI SERVICE.
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY
STATE THE ENTIRE AGREEMENT BETWEEN YOU AND IYOGI (THE "AGREEMENT"). The
Plan Order will form the part of the "Agreement" only if the same has
been acknowledged by IYOGI in writing or by an e-mail. You must agree to the Terms
and Conditions in order to be eligible to use the IYOGI Portal (defined below),
or obtain Services (defined below).
Certain terms defined in these Terms and Conditions are also used in the Privacy
Policy and are incorporated by reference to these Terms and Conditions.
Software, Materials, Services and other related information are collectively referred
to as "Content."
"You" or "you"
"You" means you individually, any person, including any employer that
you are acting on behalf of.
Trademark "IYOGI" is used by iYogi Inc. Ã‚ under an authorization from
iYogi Technical Services Private Limited. All references to IYOGI refer to iYogi
"iYogi Certified Technician/(s)"
"iYogi Certified Technician means" technicians and specialists certified
by iYogi to perform the Services under this Agreement.
"Subscription Based Plans"
"Subscription Based Plans" or "Subscription/(s)" are tenured
Subscription plans offered by iYogi that are active for a specified period and will
not include any incident based plans such as "Per Incident Plan" or the
"Services" AND "iYogi Portal"
All references to "Services" refer to any IYOGI service delivered through
iYogi Technical Services Private Limited, under the plan that you enter into with
IYOGI through use of the IYOGI Website located at www.iyogi.net (the "iYogi
Portal") or by calling the IYOGI phone number mentioned on the iYogi Website.
any valid Plan Order form that you submit requesting Services ("Plan Order").
"Materials" means any web casts, download areas, white papers, press releases,
datasheets, FAQs, product information, quick reference guides, or other works of
any kind that are made available to download from the IYOGI Portal are the proprietary
and copyrighted work of IYOGI and/or its suppliers. The definition of "Materials"
does not include the design or layout of the IYOGI.net web site or any other IYOGI
owned, operated, licensed or controlled website.
"Software" means a computer program of any kind, whether owned by IYOGI
or a third party, whether delivered via download, CD, other media, or other delivery
method, including client and/or network security software. Elements of the Software
are protected under copyright, trade secret, unfair competition, and other laws.
Software includes both IYOGI Software and third party Software. Your use of Software
is subject to the respective agreements such as a license agreement or user agreement
that accompanies or is included with the Software, ordering documents, exhibits,
and other terms and conditions that apply ("License Terms").
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the IYOGI Portal or by
calling IYOGI. Once IYOGI accepts the Plan Order submitted by you, then you will
receive an email from IYOGI at the email address that you provide or have provided
to IYOGI as part of the Registration Process for the Services.IYOGI is not responsible
for rendering Services in connection with any Plan Order that it has not accepted.
Upon acceptance by IYOGI of a Plan Order, you will have a Service Plan.
Subject to the Terms and Conditions, and other terms specific to each Service Plan,
IYOGI will address your query using commercially reasonable efforts in providing
appropriate solutions under the Services. In most cases, IYOGI will attempt problem
diagnosis and a solution through chat, email or other means as it deems most appropriate
under the circumstances including remote access. You understand that if remote access
is used on your computer there will be no residual software from the remote session;
however, there may be a text file placed on your computer that will explain the
work that was done on your computer. If such a text file is placed on your computer,
you have the option to either save the file for future reference or to delete it
from your computer. All undertakings under Service Plans are subject to IYOGI’S
Limited Warranty, which is set forth below. For more information, please refer to
online documentation or call us at 1- 800-237-3901. You agree to pay all Services
Fee and any other applicable fee/charges as set out in the relevant Plan Order in
accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for
Services according to the requirements of the corresponding Plan Order. All payments
against the plan orders will be collected by iYogi on behalf of iYogi Technical
Services Private Limited. IYOGI has no obligation to render Services under any Service
Plan if the payments as required under any Plan Order have not been made.
You understand that certain Service Plans may have fee including, but not limited
to "Service Fee" and/or "Activation Fee" payable either on an
annual basis ("Annual Payment Plan") or on a monthly basis ("Recurring
Payment Plan"). Subject to the applicable Term Plan, all payments under the
Annual Plan shall be made upfront at time of commencement of the subscription cycle.
For payments under the Recurring Payment Plan, apart from the monthly installments
of the Service Fee, payable over a one (1) year payment term, You shall be charged
an additional non-refundable Activation Fee at the time of registration, as specified
in the Plan Order. The fee (including Activation Fee) will not be refunded in case
of cancellation of the Service Plan unless otherwise stated in the Plan Order. All
fee under this clause or a relevant Plan Order, is payable at the time of commencement
of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such
plan maybe for a term of one, two or three years ("Term Plan"). All
terms of Service Fee and/or any other fee payable under any mode of payment for
a Subscription shall be set forth in the applicable Plan Order. Similarly, some
plans may offer a discount on the Service if you sign up for other iYogi services
("Bundle Discount"). You agree to maintain your Service and the bundled
services for the applicable term. If you signed up for a Term Plan or a Bundle Discount,
the price available with those plans is valid until one of the following occurs:
(1) the Term Plan expires; (2) you drop one of the iYogi services you were required
to purchase to receive the special rate as notified to IYOGI; or (3) You terminate
the agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing. You may be asked to provide us with
a credit card number from a card issuer that we accept in order to activate your
Service. You hereby authorize iYogi to charge and/or place a hold on your credit
card with respect to any unpaid charges for Services or any related equipment. You
authorize the issuer of the credit card to pay any amounts described herein without
requiring a signed receipt, and you agree that these charges are to be accepted
as authorization to the issuer of the credit card to pay any amounts described herein
without requiring a signed receipt, and you agree that these charges are to be accepted
as authorization to the issuer of the credit card to pay all such amounts. You authorize
iYogi and/or any other company who bills products or services, or acts as billing
agent for iYogi to continue to attempt to charge and/or place holds with respect
to all sums described herein, or any portion thereof, to your credit card until
such amounts are paid in full. You agree to provide iYogi with updated credit card
information upon iYogi’S request and any time the information you previously
provided is no longer valid. You acknowledge and agree that neither iYogi nor any
iYogi affiliated company will have any liability whatsoever for any non-sufficient
funds or other charges incurred by you as a result of such attempts to charge, and/or
place holds on, your credit card. If you mistakenly provide a debit card number,
instead of a credit card number, you authorize all charges described herein to be
applied to such debit card unless and until you provide a credit card number. In
the event you are enrolled, or later enroll, in an automatic payment or electronic
funds transfer plan, you agree that all sums described herein may be charged, at
iYogi’S option, to the account number provided for such automatic payment
or electronic funds transfer plan. When payment is made by credit card or debit
card, payment will also be subject to the terms and conditions established by the
credit or debit card issuer. If charges cannot be processed through your credit
card, or if your bank draft or electronic funds transfer is returned for insufficient
funds, we will charge you an additional $15.00.
You agree and acknowledge that a Subscription under the Recurring Payment Plan will
automatically renew for a month, unless notified otherwise by You ("Auto Renewal").
However, a Subscription under the Annual Payment Plan does not automatically renew
and expires at the end of the applicable Term Plan.
Your credit card will be charged with the amount of the then prevailing subscription
charges as per the payment option that you selected at the time of registering with
If you would like to opt out of the Auto Renewal, please call us at 1-866-914-9049
and speak with one of our customer service representative at least 30 days prior
to your subscription end date to discontinue your service.
For subscription based plans, a full refund will be issued if iYogi has not been
able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service
will not be refundable. Notwithstanding this iYogi may, at its sole discretion and
on a case by case basis, agree to a refund of Subscription fees after deducting
charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following
criterions are met:
is incorporated here by reference (http://www.iyogi.net/privacy-policy.html). If
to these Terms and Conditions. You agree that beyond the Personal Information identified
telephone, electronically or otherwise, is not confidential or proprietary to you.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for
your personal and non-commercial use in addressing matters covered by your Service
Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, modify, create derivative works from, transfer, distribute or
sell any information, software, products or services obtained from the Services,
Materials, or Software. Any Services, Materials, and Software are available only
in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the iYogi Portal or any Services, you will not use
the Materials, Software or Services for any purpose that is unlawful or prohibited
manner that could damage, disable, overburden, or impair any iYogi server, or the
network(s) connected to any iYogi server, or interfere with any other party's use
and enjoyment of any of the iYogi Portal, the Materials, Software or Services. You
may not attempt to gain unauthorized access to any iYogi Portal, the Materials,
Software or Services, other accounts, computer systems or networks connected to
any iYogi server or to any of the iYogi Portal, the Materials, Software or Services,
through hacking, password mining or any other means. You may not obtain or attempt
to obtain any iYogi Portal, the Materials, Software or Services or information through
any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though iYogi has no limits on the amount of online support requests a Subscription
based plan user may make during the subscription period, however, each Subscriber's
use of the support services for the subscription based plans are subject to IYOGI’S
"fair use" policy. Under this policy, if at any time, in IYOGI’S
sole discretion, a subscription based plan user is found to be abusing the service
by exceeding the level of use reasonably expected from someone using a Subscription
based Plan for individual use, then iYogi reserves the right to suspend or terminate
Subscriber's Subscription Services. In addition, iYogi reserves the right to suspend
or terminate any Subscription Services of any Subscriber that iYogi, in its sole
discretion, determines are being used (a) fraudulently, (b) by any person other
than Subscriber, or (c) for any computer system other than a Registered System.
User may terminate the Service at any time by giving written or electronic notice
to iYogi; provided, however, that User will not be entitled to a refund of any fees
prepaid by User for the Service.
IYOGI may provide you with the use of e-mail services, addresses, bulletin board
services, instant messaging services, chat areas, news groups, forums, communities,
personal web pages, calendars, file cabinets and/or other message or communication
facilities designed to enable you to communicate with IYOGI’S employees and
others as appropriate to your Service under a Plan Order (each a "Communication
Service" and collectively "Communication Services"). Communications
Services shall only be used under an accepted Plan Order, and not for any other
USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
iYogi has no obligation to monitor the Communication Services. However, iYogi reserves
the right to review materials posted to the Communication Services and to remove
any materials in its sole discretion. iYogi reserves the right to terminate your
access to any or all of the Communication Services at any time, without notice,
for any reason whatsoever.
iYogi reserves the right at all times to disclose any information as iYogi deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in iYogi' s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
You may not create hyperlinks to any portion of the IYogi Portal, nor any Materials
or Software posted therein.
You agree to indemnify, defend, and hold iYogi, its subsidiaries, affiliates, officers,
directors, employees, agents, licensors, consultants, suppliers, and any third-party
Web site providers harmless from and against all claims, demands, actions, liabilities,
losses, expenses, damages, and costs, including actual attorneys' fees, resulting
of a Service, any use of the Service that amounts to infringement, or infringement
by any other user of your account of any intellectual property or other right of
iYogi or any other third party. You will cooperate as fully as reasonably required
in IYOGI’S defense of any claim. iYogi reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without the written consent
of iYogi. You agree immediately to notify iYogi of any unauthorized use of your
account or any other breach of security known to you.
GUESTS; LIMITED LICENSE TO USE OF IYOGI PORTAL
If you are not currently subscribed for a Service, then you are regarded as a "Guest".
Usage of the IYOGI Portal by current IYOGI customers outside of the scope of a Service
specified under an applicable Plan Order is also treated as a "Guest".
As a Guest you may use the IYOGI Portal and Materials specifically designated as
available to guests on the IYOGI Portal for the limited purposes of (a) deciding
whether to subscribe to the Services provided by IYOGI, (b) registering with IYOGI
and submitting Plan Orders only. The foregoing license grant is a non-exclusive
LIMITED LICENSES TO USE THE IYOGI PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the
IYOGI Portal, or made available in connection with a Plan Order which may be available
for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the IYOGI Portal, Services, Materials or Software, other than as
explicitly permitted by IYOGI is prohibited. Rights to execute, copy, modify, display,
transmit, distribute, manufacture, use, sale are all reserved to IYOGI and its suppliers.
Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of IYOGI’S reasonable control
(e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots,
wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism,
sabotage, acts of third parties, or the like) may cause significant delays in IYOGI’S
ability to schedule a support session. You hereby release IYOGI from any and all
liability, and agree that IYOGI shall not be liable to you or any third party for
any direct or indirect damages whatsoever, resulting from such delays.
IYOGI 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.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE IYOGI PORTAL, OR
THROUGH A SERVICE
For your convenience, IYOGI may make available Materials or Software (as each term
is defined above) for use and/or download, whether as a part of a Service, or in
promotion of the Services. Use of any Materials and any Software is governed by
the more stringent of (a) the terms of the end user license agreement ("EULA"),
if any, which accompanies the specific Materials and Software, or (b) if there is
no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you
according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution
of the service not in accordance with the EULA is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
No logo, graphic, sound or image from any IYOGI Web site may be copied or retransmitted
unless expressly permitted by IYOGI.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY
OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software
which is owned by IYOGI or its third party licensors, and suppliers. We as well
as the third party licensors reserve the right to update or change the Software
from time to time and you agree to cooperate in performing such steps as may be
necessary to install any updates or upgrades to the Software. You may use the Software
only as part of, or for use with, the Service in accordance with the Service Plan
and for no other purpose.
The Software may be accompanied by a EULA from IYOGI 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 a EULA unless you first agree to the terms and conditions of the EULA.
EULA FOR IYOGI SOFTWARE
With regard to any Software made available to you by IYOGI through the IYOGI Portal
for which your acceptance of a separate license agreement is not required ("IYOGI
Software"), you are hereby granted a revocable, non-exclusive, non-transferable
license by IYOGI to use the IYOGI Software (and any corrections, updates and upgrades).
In accordance with and as required under the Service Plan you shall not make any
copies of the IYOGI Software. You agree that the IYOGI Software is the confidential
and proprietary information of IYOGI or its third party licensors, providers or
suppliers, and which you shall not disclose to others or use except as expressly
permitted herein. You may not de-compile, reverse technician, disassemble, attempt
to discover any source code or underlying ideas or algorithms of the IYOGI Software,
or otherwise reduce the IYOGI Software to a human readable form, modify, rent, lease,
loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute
copies of the Software, or otherwise transfer the IYOGI Software to any third party.
You may not remove or alter any trademark, trade name, copyright or other proprietary
notices, legends, symbols, or labels appearing on or in copies of the Software.
You are not granted any title or rights of ownership in the IYOGI Software. You
acknowledge that this license is not a sale of intellectual property and that IYOGI
or its third party licensors, providers or suppliers continue to own all right,
title and interest, including but not limited to all copyright, patent, trademark,
trade secret, and moral rights, to the IYOGI Software and related documentation,
as well as any corrections, updates and upgrades. The IYOGI Software may be used
only in the country of residence at the time of acceptance of these terms for use
of the iYogi Software. Export of the IYOGI Software is strictly prohibited.
THIRD PARTY PRODUCTS
As part of the Services, IYOGI may suggest that you acquire, install and use certain
third party software or services ("Third Party Software"). Third Party
Software is licensed to you by the respective owners or licensees of the Third Party
Software. You must agree to the terms and conditions set forth by such owners or
licensees before installing Third Party Software, whether IYOGI assists you in the
acquisition, installation, and/or use of Third Party Software. IYOGI has no responsibility
or rights to the Third Party Software and does not license Third Party Software
to you or make any representation or warranty regarding the Third Party Software.
Your license to the IYOGI Software shall remain in full force and effect unless
and until terminated by IYOGI, its third party licensors, providers or suppliers,
or until your Service Plan is terminated as provided by your Plan Order and these
Terms and Conditions. Upon termination of your Service Plan for any reason, you
must cease all use of the Service Plan and the IYOGI Software and immediately delete
the IYOGI Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software
or equipment, you must ensure that you comply with the terms and conditions under
which you licensed such Third Party Software or purchased such equipment. We make
no representation or warranty that we are an authorized service provider for Third
Party Software or for any equipment; it is your sole responsibility to determine
if you require additional rights for us to provide such support and if so, to acquire
such rights. You acknowledge that support of Third Party Software or equipment by
an unauthorized service provider may void any warranty made by the supplier of such
Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, IYOGI may suggest certain third party services to you.
If you choose to subscribe to or otherwise use any third party services, your use
of any such services 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 services include, but are not limited to
technical support, portal, training, music, gaming and storage services
that IYOGI may elect to make available from time to time. Violation of such third
party provider's terms of service may, in IYOGI’S sole discretion, result
in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
IYOGI DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS
AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES,
YOUR SOLE REMEDY IS TO (A) ALLOW IYOGI TO REPERFORM THE SERVICES SUBJECT TO DISPUTE,
(B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
SOME OF THE IYOGI SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED
IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY
IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN
ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT
IYOGI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY
PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND WHATSOEVER. IYOGI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IYOGI AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED
HEREIN AT ANY TIME.
IN NO EVENT SHALL IYOGI AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE,
FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall IYOGI be liable to you
in excess of the amounts actually paid by you to IYOGI under the Plan Order that
is the subject of the dispute. .
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause
of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
IYOGI at its sole election may terminate or suspend your Service immediately without
notice if, in the sole discretion of IYOGI: (a) you are in breach of any of the
Terms and Conditions (including but not limited to all policies regarding abuse
and acceptable use of the Service) or any license for Third Party Software; (b)
your use of the Service is prohibited by law or is disruptive to, adversely impacts
or causes a malfunction to the Service, IYOGI’S network, or the use and enjoyment
of IYOGI’S other users; (c) IYOGI receives an order from a court to terminate
the Service you are availing ; (d) if IYOGI for any reason ceases to offer the Service;
(e) if you are no longer a IYOGI customer, or (f) IYOGI determines that you are
abusing the Service. IYOGI, in its sole discretion, may refuse to accept your request
for the Service, renewal or re-subscription following a termination or suspension
of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that
portion shall be enforced to the maximum extent possible, and all other provisions
contained in the Terms of Service shall remain in full force and effect. IYOGI’S
failure to enforce any provision of the Terms of Service shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
The IYOGI Portal is available internationally and may contain references to IYOGI
products, services, and programs that are not available in a viewer's country. These
references do not imply that IYOGI intends to make such products, services, or programs
available in such country.
IYOGI reserves the right to amend the Terms and Condition, and the IYOGI Portal
at any time by (a) posting a revised version of the Terms and Conditions on the
IYOGI Portal (http://www.iyogi.net/terms.html), or by (b) sending information regarding
any amendment to the Terms of Service to the email address you provide to IYOGI
in connection with registration. You are responsible for regularly reviewing the
IYOGI website to be notified of any amendments to the Terms and Conditions.
This Agreement and the rights and obligations of the parties under this Agreement
and any disputes arising out of or in connection with this Agreement shall be governed
in all respects by the laws of the United States of America without regard to conflicts
of laws principles that would require the application of the laws of any other jurisdiction.
user inquiries to firstname.lastname@example.org