Terms Of Service.
Terms Of Service This document consists of the Terms of Service Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement
between you, ("You") the visitor to our site and/or client receiving our services and Mega Cyber, Fort Myers, Florida, U.S.A.
As a requirement, precedent to you being able to use any of the tools, functions and services offered to you by this site, you must read and agree to be bound by each and
every one of the terms and conditions contained in this Agreement. Should you access any element of this site, or use any functions, tools, or services that this site offers,
register as a member, or view any text or graphics, such activities on your part means explicitly and definitely that you have read this Agreement and agree to be bound by
the terms and conditions contained herein.
Service Plans, remote support plans and Related Information
All service plans are subject to modification or cancellation at any time with no prior notice.
Mega Cyber, reserves the right to cancel service at any time with no prior notice, for any reason they, in their sole discretion, deem appropriate.
You agree, as our client, to be financially responsible for all services rendered. You also agree to refrain from requesting "charge-backs" or cancelling any fees or service
charges paid for with your credit card.
The Subscription Support Plans require a twelve (12) month commitment and are non-refundable.
Clients may obtain an early termination of the twelve (12) month commitment by paying two (2) months of their total monthly service fee. Subscriptions will automatically
renew after the first year on a month to month basis. After the first year, customer may cancel at anytime with thirty (30) days written notice. The subscription plans or remte
support plans, do not include support for accounting, financial, database, CAD/CAM or similar software nor do they support any software training.
Disputes
If you are dissatisfied with the work performed, you must submit your complaint in writing within seven calendar days of the service being performed otherwise you expressly
relinquish any ability to dispute the quality of service and any related refusal to pay our service and related charges. We will act in response to your written complaint as
soon as we are able to and will endeavor to resolve the issues regarding your complaint. All complaints that are not resolved will be resolved by mandatory, binding
arbitration as set forth herein.
Failed Service Attempts
We will act in all reasonable ways to establish the nature of the problem(s) that require our professional attention and to locate, analyze and correct those errors or
problems. Nonetheless, we do not promise that, despite our best efforts that we will be able to successfully resolve the problems you have retained us to check up and
repair. Consequently, you are still liable for and must pay us for our time spent attempting to repair your problems even if we cannot, using all reasonable efforts, produce
actual repairs.
Trademarks, Service Names, Service Marks, and other Intellectual Property You are not authorized to use our trademarks, name, or any aspect of our various elements of
intellectual property in any manner, including advertising, publicity or any commercial or non-commercial nature without our express written consent.
Right to Refuse, Suspend or Terminate Service
We reserve the right to refuse, terminate, or suspend service to any user for any reason we deem, in our sole discretion, to do so, without any prior notice. Typically, we will
suspend, terminate or refuse service if we determine that a user is using a computer system in an improper or illegal manner, providing indecent or obscene content,
violating the rights of privacy or publicity, violating the civil rights of others, conducting actions that defame a third party or entity, are publishing "hate" or intolerant
material, or are threatening or harassing others. However, we may also suspend, refuse, or terminate service for any reason that we, in our sole discretion, consider
appropriate to do so.
Expiration of Service
We fully reserve the right to expire any prepaid and unused professional time and services that remain on your account if such has not been used within a year of the
original purchase date. Such unused professional time and services will thusly expire and shall not be usable or refundable upon expiration. We shall have no duty to notify
you of our decision to expire the unused professional time or services or any pending expiration.
Minimum Requirements for Service
You must have a broadband or high speed connection to the Internet to receive service and your computer must be actively connected to the Internet through a
broadband or high speed connection at all times service is rendered or to be rendered by us. You must also have a registered, valid copy of Microsoft Windows O.S.
installed as your system's operating software during all service periods. Your computer must be connected and operating while we are conducting repair, diagnosis, or
downloading software or otherwise installing repair-related materials. You must allow us to download and install recommended software, including software that will require
you to pay a licensing fee if ample freeware is not available and you will be responsible for all licensing fees and registrations for the same. You also agree that we may
remove any software that is creating conflicts or is otherwise determined by us to be harmful or otherwise disruptive of the appropriate efficiency or working of your
computer. We will endeavor to gain your prior approval before we install software or delete software, but you agree that we may delete and/or install software at our sole
discretion without your prior approval if we deem it, in our exclusive discretion, to be in your best interest for us to do so and you agree to hold us harmless from any
loss/failure of any nature relating to our installation and/or deletion of software on your computer.
If you have Microsoft Vista installed on your computer, you may be required to disable your User Account Control (UAC). If you do render inoperative the UAC, you
understand that your computer may be vulnerable to malware and other harmful programs and scripts during the short period that we are accessing your computer and you
agree to hold us harmless from any failure and/or losses of any nature arising from this susceptibility of your computer arising from your temporary disabling of your UAC or
your failure to correctly and promptly reestablish your UAC protections. You agree that you will promptly reactivate your UAC as instructed by us when we expire our access
to your computer.
General Site Rules
Clients, site members, and visitors may not:
• infringe the law of any jurisdiction while visiting our site or using any service or tool that we provided.
• Conduct any activity that is detrimental or harmful to our site as exclusively determined by us.
• Post any information or content that is indecent, defamatory, obscene, hateful, blasphemous or intolerant in nature or in violation of the laws of any jurisdiction.
• Upload any material that is harmful to our user's computers or objectionable/abhorrent to our community as a whole.
• Evasively and dishonestly represent yourself as another person or as a representative of a business or entity that you do not in reality represent.
• Wrongly and inaccurately represent your professional or business credentials or professional background.
In your jurisdiction you must be of adult age to use this site or to become a client of this site. In any event, no member or user may be under the age of 18 years of age.
Parents or guardians of minors may enroll as a member on behalf of their minor wards/ children but are solely accountable for the direct supervision of their wards/ children
while their minors visit the site or use any of the services/tools that the site provides.
We may post policies, rules, or guidelines. Upon the posting of such materials from time to time, they immediately become incorporated by reference into this Agreement
as if fully set forth herein.
Some rules that cannot be infringed by members or users include the following:
• Racially prejudiced, intolerant, "hate," defamatory, "stalking," invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being
improper and offensive, will result in
membership termination without any prior notice.
• Spamming. Any activity generally described as "spamming" by the Internet Community, such as unsolicited bulk mails or emails, irrelevant or commercially based
postings for any purpose will effect in
membership being terminated without any prior notice whatsoever to the member.
Any user may terminate their membership or use at this site at any time. We may terminate membership or usage of any person or entity at any time for any reason we deem
appropriate and right with no prior notice to the person or entity whose usage or membership is being terminated.
We have also published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if completely set forth herein.
MC.
Privacy Policy
MEGA CYBER is committed to your privacy. The policy details how we utilize your personal identifying information. This privacy policy may be modified at any time without notice to you and covers the usage of
your personal information by each and every business owned and operated by MEGA CYBER. Your personal identifying information may be stored by MEGA CYBER but always within the terms and conditions of
this privacy policy.
Our privacy policy respects and recognizes your right to confidentiality and is committed to protecting the privacy of the visitors to its web site www.mega-cyber.com MEGA CYBER is the sole owner of the
information collected on www.mega-cyber.com. We will not provide, rent, loan, or sell any identifiable personal information to any other third party, unless legally required to do so. The information is collected
from users at various different points on our website.
A. Personal Details
Before using the Mega Cyber Service, the customer must first complete the registration form. This involves giving user contact information such as First and Last name, E-mail address, Postal address, etc. Mega
Cyber will use your contact details to contact you regarding the product and/or services you have requested. This consists of renewal/re-registration notifications, special offers, and surveys on improving our service.
B. Payment Details
If user purchases a plan by Mega Cyber, we will collect credit card information, and other payment information necessary to complete a payment from user. Mega Cyber may use a third party to process and verify
credit cards for billing purposes. This entails we share user name, credit card number, expiration date and billing address with the credit card processing company. When processing a payment transaction, Mega
Cyber will also obtain information regarding the amount of the payment and other transaction data. We may transfer or disclose this payment information to a third party only to the extent necessary in order to
complete the payment processing.
C. Computer System Information
1. Subscriber Computer - We may also seek information related to your computer. This may include: information about the make and model of your computer and/or any computer hardware, software or
peripherals attached to it, date of purchase and type of computer, identification number of your computer, condition of the computer and the application if reporting a fault occurrence and during diagnostics,
system and registry data about software installations and hardware configurations, and error tracking files. Generally, this information is required to offer personalized technical support to you, and to help us update
our support tools and augment our supported products list.
2. Remote Access - While requesting support you may request for the problem to be resolved by taking control of your computer. Mega Cyber uses qualified utilities which allow technicians to grant control of
"client" computer remotely over the Internet, so that the technician can diagnose or correct problems. technicians are not allowed to use the Remote Access software until and unless they have received adequate
training in its use, and user have consented to grant control. Furthermore, technicians will not use Remote Access tools to collect sensitive or confidential information stored on user computer or network,
deliberately destroy information on user computer or network, or cause user to experience system problems.
3. Diagnostic Tool - Some technicians online diagnoses applications may gather a broad variety of functional information about the state of a computer system and the applications on it. This information is
packaged into a document containing all the essential details needed by Mega Cyber and is transmitted securely over the Internet to the Mega Cyber server. Mega Cyber Engineers analyzes this information to
help diagnose and solve end-user problems. Information collected by the technicians application will not contain any sensitive information such as e-mail messages, e-mail addresses sent to, passwords, profiles,
websites visited, etc.
Use of the Remote Access and Diagnoses applications is also subject to the terms of use in the respective software license agreements
D. Cookies
A cookie is a message given to a web browser by a web server. The browser stores the message in a text file. The main idea of cookies is to identify users and possibly prepare customized web pages for them. Usage
of a cookie is in no way linked to any personally identifiable information while on our site and cannot violate the privacy of our customers.
E. Live Help Session Records
Mega Cyber reserves the right to monitor on-line and off-line sessions between user and a Tech Support representative for quality control of the service provided to the customer by Tech Support representative.
Moreover, we may record on-line and off-line sessions conducted on the Web site for user reference and to assist in resolution of disputes and/or potential complaints. The session records will also be used to
improve the service, build a support knowledge base, and/or conduct internal market research. Session record data will, however, not be correlated with personally identifiable data about individual customers.
F. Log Files
We use IP addresses to analyze trends, track user movement, administer the site, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
G. Sharing
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
H. Contests and Surveys
From time-to-time our site requests information from user via surveys or contests. Participation in these surveys or contests is entirely voluntary and user therefore, has a choice whether or not to divulge this
information. Information requested may include contact information such as name and shipping address, and demographic information such as zip code. Contact information will be used to notify the winners and
award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Security Issues
Our site uses all precautions to protect information of users. This Web site takes every precaution to protect information of users. Whenever sensitive information is submitted by the user via the website, it is
protected both on-line and off-line. Sensitive information such as credit card number is encrypted and is protected with the best of the encryption software. We use industry-standard 128bit encryption technologies
when transferring and receiving consumer data exchanged with our site. Similarly equivalent care is undertaken to protect user-information off-line. The entire information of our users, including the sensitive
information outlined above, is restricted in our offices. Only employees like billing clerk or a customer service representative who need the information to perform a specific job are granted access to personally
identifiable information. Even they use password-protected screen-savers each time they leave their workstations. On return, they must re-enter their password to re-gain access to user information. Furthermore, ALL
employees are kept abreast on our security and privacy practices. Every quarter and any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and
what they can do to make sure our customers' information is protected. Lastly, the servers that we store personally identifiable information on are kept in a highly secure environment.
Other sites accessible through our web site have their own security and privacy policies and data collection practices. Please consult each site's privacy policy. In situations that are required by law and to
safeguard ourselves in any legal action, we may disclose some information about our users to law-enforcing officers.
Auxilliary Information
In order for this Web site to properly accomplish its obligation to our customers, it is necessary for us to supplement the information we receive with information from Third party sources.
a. Special Offers - We send all new members a welcoming e-mail to verify password and logon name. Older members will occasionally receive information on products, services, special deals, and newsletters.
b. Correction/Updating Personal Information - If User's personally identifiable information changes (such as user zip code), or if User no longer desire the Service, we will Endeavour to provide a way to correct,
update or remove User personal data provided to us. This can be done at the Profile page.
c. Notification of Changes - Mega Cyber reserves complete right to update this Privacy Policy at any time by posting changes online without any notice to you. The most current version of the Privacy Policy
can be reviewed by clicking on the "Privacy Policy" hypertext link located on our website http://www.mega-cyber.com. It is your responsibility to refer to this Privacy Policy before submitting any information on the
website. Submitting your information after such changes to the Privacy Policy constitutes acceptance of those posted changes.
d. If at any point we choose to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify user via e-mail. We will use information in accordance
with the privacy policy under which the information was collected.
Please contact us if you should have any questions, comments or concerns about this privacy policy.
Disclaimer
Disclaimer of Warranty
We issue no type of warranty whatsoever and do not make any representations or warranties regarding the suitability, availability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any
particular or general purpose of the site, or the products, services or tools, herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, usefulness or
accuracy of information gathered from or through the site. The site and all content distributed, contained, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express
or implied.
Intellectual Property Provisions
All content provided within or via this site is fully protected by various US and international patent laws, copyright laws, trademark regulations and laws, and various intellectual property laws and international
agreements and treaties. No intellectual property of any nature contained within or via this Site may be published, copied, or broadcast in any way without the written permission of the content owner. The content
of this Site may not be "mirrored" or "framed". The product names used in this web site are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
Disclaimer Regarding Functionality
All tools, functions, content, and services provided via this Site are provided on an "as is" basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness
for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided
herein this Site are made and the operators of this Site have not separately and independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due
diligence to validate and verify any and all claims presented within this Site Termination of Service
We fully reserve the right to terminate and conclude any and all service provided to you (either as an individual member/user or as a group) at any time without notice for any reason that we consider fit. We also
reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate
your account and you unmistakably agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.
You agree that monetary damages may not adequately provide a solution or remedy for us if you violate any of the terms and conditions of this Agreement and you distinctly agree that we may approach a Court of
Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate or abuse any element of this Agreement.
Automatic Usage or Viewing of this Site
You may not use any automated scripts or "robots" to access, manipulate or copy any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may
not engage in any content that uses up more than .01% of the software and hardware infrastructure of this Site.
Links to Third Party Sites
We may provide links to third party sites; however, we are not at all responsible for the content of such sites or their privacy policies or terms of uses. Please carefully review the privacy policies and terms of service of
all such sites prior to usage. You in every way assume the risk of any usage of such third party sites.
Submissions
All submissions are non-confidential in nature. All submissions (but not personal information) become the property of this Site. "Submissions" may be thought of as "suggestions/ideas" type of email or letters or
"letters to the editor" that you might send us. We may publish and/or circulate all submissions in any manner that we deem to be appropriate, including in all forms of publication and media You are exclusively
responsible for the content of all submissions, including any violation and defiance of any law(s) contained within such submissions, copyright, fraud, privacy, and other regulations and laws. You fully agree to hold
us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who establishes that your submissions support a legal cause of action. We also reserve the
right to publish the contents of emails that you send us, removing personally identifying information prior to publication. Examples would be letters of praise, testimonials, thank you notes and so forth.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any functions, tools or services that this Site provides to you, whether the cause of action be based on breach of contract, tort, or any
other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due
to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.
Content Issues
We are not responsible and answerable for any content provided to you by our site members. We do not screen or monitor content provided by our site Members or any third parties or entities and you agree that we
do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable
where such content has been displayed due the actions of any third party or entity or one or more of our users. We are not responsible for any content provided to our site by members or third parties that may infringe
on intellectual property rights, rights of publicity or privacy, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your
loved ones, family members, or computers, to objectionable content and agree to waive any possible or potential liability that we may have regarding content provided to us via members or third parties that violate
or abuse any intellectual property rights or any other civil law.
You understand and agree that usage of the Internet means that you are subject and prone to the risk of viewing or receiving offensive or harmful content and files. We do not promise that we will edit and review all
content for accuracy, safety, quality, or decency that you encounter via our Site.
Jurisdiction
This Agreement, including all types of Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Florida, excluding that body of laws known as choice of law or conflict of
laws. Subject to the provisions of this Section all controversies, disputes, or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Fort Myers or any
location closer to or within Fort Myer, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The
arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to
the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other
in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration,
then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will
be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in
accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All
documents, papers, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of
both parties. The arbitrator chosen in accordance with these provisions will not have the power to amend, alter, or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.
Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes
regarding the content presented on this site must be resolved through arbitration as set forth in this section.
Foreign Usage
We evidently make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you
are accessing this site from outside the United States of America (USA).
General Information
This site may contain typographical errors or mistakes, and we entirely disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may modify or revise any portion of this Agreement at any time without notice to you. You must fully read this Agreement each time you visit our site or use any service or tool that we provide to you via this site
or elsewhere. Any usage of this site or tools, services or functions that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of
the latest version of this Agreement.
Notice
Notices to you may be issued via electronic mail or by surface mail, at our exclusive selection.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to Force Majeure, which shall mean acts of God, earthquake, changes in law, regulation or government policy, labour disputes, war, fire,
flood, insurrection, riots, sabotage, embargo, epidemics, acts or omissions of suppliers or vendors, transportation difficulties, unavailability of, interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party hardware or software or inability to obtain supplies, raw materials, or power used in or equipment needed. We are not responsible for server downtime under any
circumstances whatsoever
Intellectual Property Notices
You fully agree that you have been suitably noticed of any trademark, copyright, patent, trade dress, service mark, or any other intellectual property rights or property rights of any nature and any violation by you of
any such property rights is fairly deemed to be "willful" in nature.
All product names, logos, symbols, marks, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

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