Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These (the "Terms") govern your use of the web site at www.atmts.com ("Site") and any computer support services provided either by telephone or computer (the Site and the computer support services are collectively referred to as the "Services") provided by Multitech Systems, it's subsidiaries, affiliates and contractors ("Multitech Systems", "we" or "us"). By accessing, or using the Services via telephone or online via the Site, you ("You", or "Your") and other users of the Services (collectively, "Users") agree to these Terms and our Privacy Policy available at www.atmts.com/privacy_policy If you do not agree to these terms, You may not access or use the Services.

1. GENERAL

These Terms of Service (the "Agreement") are entered into by and between you, the customer (personally and/or on behalf of your employer, as applicable) ("you", "your" or "Subscriber") and Multitech Systems Computer Help, Inc. ("Multitech Systems", "us" or "we"). You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online, by telephone or on-site (see Paragraph 4); or (c) your use of the Service (see Paragraph 2). This Agreement is made up of the terms below, plus the Privacy Policy, the My Rewards Terms and Conditions, all attachments to this Agreement, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement and related policies are also set forth on the Multitech Systems website (http://www.atmts.com) ("Website"). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which Multitech Systems agrees to provide the Service to you. You may also receive a paper copy of this Agreement either by telephoning Multitech Systems at 847-310-0700 or by writing to us at Multitech Systems Computer Help, 1226 N. Roselle Rd. Suite D. Schaumburg, IL 60195, Attention: Customer Service.

2. DEFINITION OF SERVICE

For purposes of this Agreement, the term "Service" shall mean the Multitech Systems Computer Help service, including all technical support, usenet newsgroups, email and other features, products and services provided by Multitech Systems under the service option that you have selected. The Service may be referred to as, "Remote Computer Support", "Virtual On-Site Computer Support Service", "On-Site Computer Support Service", "Online Computer Support", "Drop-Off Computer Support" or "Multitech Systems Computer Help". As part of the Service, Multitech Systems may license to you, or assist you in licensing from third parties, software (see Section 6 below).

3. AUTHORIZED USER, USE, AND RESPONSIBILITIES

You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete.

4. PRIVACY POLICY

Multitech Systems will treat your personal information in accordance with its current Privacy Policy, subject to change from time to time. You agree to the terms of the Privacy Policy, which describes Multitech Systems's use and disclosure of information about you, your account and your use of the Service.

5. AVAILABILITY OF SERVICE

5.1 The Service you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Computer Support, we will qualify your Internet connection for the minimum line rate (speed) available for support based on our standard line qualification procedures. The SmartPlan requires Internet access; it is your responsibility to ensure that you have adequate connectivity to the Internet. All Services are provided on an AS IS basis. Line rate, access and availability of Service are not guaranteed.

5.2 Multitech Systems or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

6. SOFTWARE LICENSES AND THIRD PARTY SERVICES

6.1 In connection with our Service, we may provide to you, via download, CD, other media, or other delivery method the use of certain software which is owned by Multitech Systems or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software ("Software"). We 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 and for no other purpose.

6.2 The Software may be accompanied by an end user license agreement from Multitech Systems 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 an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

6.3 Third Party Software: As part of the Services, Multitech Systems may suggest that you acquire, install and use certain third party software ("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 Multitech Systems assists you in the acquisition, installation, and/or use of Third Party Software. Multitech Systems has no 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.

6.4 We provide technical assistance and support for the Software and the Multitech Systems Software in accordance with our policies. 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 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.

6.5 Other Third Party Agreements: As part of the Services, Multitech Systems 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 Multitech Systems may elect to make available from time to time. Violation of such third party provider's terms of service may, in Multitech Systems's sole discretion, result in the termination of your customer account and use of service.

7. PRICING AND PAYMENT

7.1 Pricing and Fees. Multitech Systems fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the Multitech Systems web site at Service Options unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Multitech Systems does not accept debit cards for payment of any charges or fees.

7.2 Local telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.

7.3 Unable to Create Online Connection. Multitech Systems will not charge you if Multitech Systems cannot connect with your computer in attempt to provide remote computer support service.

7.4 The waiver of any fees or charges lies solely at the discretion of Multitech Systems.

8. LIMITATIONS ON USE OF THE SERVICE

8.1 You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.

8.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Multitech Systems and Multitech Systems is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that Multitech Systems does not own or control all of the various facilities and communications lines through which service may be provided, nor does Multitech Systems guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Multitech Systems.

8.3 You agree that Multitech Systems 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 data input and output and for maintaining a means external to the Service for the reconstruction 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. Multitech Systems is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

8.5 You are not authorized to use any Multitech Systems name or mark as a hypertext link to any Multitech Systems Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Multitech Systems. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply Multitech Systems's approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. Multitech Systems Affiliates may use the Multitech Systems name and link to the Multitech Systems web site solely in accordance with the terms and conditions of the Multitech Systems Affiliate Program.

9. WARRANTIES AND LIMITATION OF LIABILITY

9.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY Multitech Systems (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), Multitech Systems (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Multitech Systems OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF Multitech Systems COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

9.2 Multitech Systems DOES NOT WARRANT THAT THE SERVICE PROVIDED BY Multitech Systems 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. Multitech Systems SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. Multitech Systems MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. Multitech Systems MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

9.3 IN NO EVENT SHALL Multitech Systems (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Multitech Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

9.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO Multitech Systems'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

9.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH Multitech Systems (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), Multitech Systems'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.

9.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

9.7 Multitech Systems RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Multitech Systems from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

11. NOTICES

11. Notices required under this Agreement by you shall be provided to the Multitech Systems Customer Service Department. Notices by Multitech Systems to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

12. GENERAL PROVISIONS

12.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

12.2 Multitech Systems will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

12.3 In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.

12.4 Multitech Systems'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. General Information

This version of the Terms is effective as of June 1, 2007. You should check these Terms periodically for modifications as we may modify the Terms from time to time without notice to You. By using the Services following any modifications to the Terms, You agree to be  bound by such modifications. The terms together with the Privacy Policy and applicable licence agreements constitute the entire agreement between You and Multitech Systems and govern Your use of the Services, superseding any prior or contemporaneous agreements between You and Multitech Systems. The Terms inure to the benefit of Multitech Systems successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.