Terms of Service & Tech Support


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This version of the Terms of Service (“Terms”) is effective as of June 1, 2014. The Terms, together with the 3P IT Solutions Privacy Policy and any applicable license agreements, govern your use of our Web site at www.3pitsolutions.com ("Website"), constitute the entire agreement between you and 3P IT Solutions (together with its Affiliates, Partners, and/or Subsidiaries), and govern your use of the services, superseding any prior or contemporaneous agreements between you and 3P IT Solutions. The failure of 3P IT Solutions to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. By accessing, ordering or using the services via telephone or online via the site, or via remote access of your IT Infrastructure by any other network device or other means, you and other users of the services (collectively, "Users") agree to these Terms. If you do not agree to these Terms, you should not access or use the Services.

AGREEMENT

THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED SUBSCRIPTIONS/SERVICES SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR SUBSCRIPTIONS/SERVICES AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND 3P IT Solutions (THE “AGREEMENT”). The Subscriptions/Services will form the part of the “Agreement” only if the same has been acknowledged by 3P IT Solutions in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the 3P IT Solutions WEBSITE (defined below), or obtain Services (defined below).

DEFINITIONS
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.

CONTENT
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.

“3P IT Solutions”
Trademark “3P IT Solutions” is used by 3P IT Solutions. A‚ under an authorization from 3P IT Solutions. All references to 3P IT Solutions refer to 3P IT Solutions.

“3P IT Solutions SUPPORT STAFF/(S)”

“3P IT Solutions Support Staff means” certified technicians and specialists used by 3P IT Solutions to perform the Services under this Agreement.

“PLANS”
“Plans” or “Subscription/(s)” are tenured Subscription plans offered by 3P IT Solutions that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.

“SERVICES” AND “3P IT Solutions WEBSITE”
All references to “Services” refer to any 3P IT Solutions service delivered through 3P IT Solutions., under the plan that you enter into with 3P IT Solutions through use of the 3P IT Solutions Website located at www.3pitsolutions.com (the “3P IT Solutions WEBSITE”) or by calling the 3P IT Solutions phone number mentioned on the 3P IT Solutions Website. These Terms of Use govern all plans available through the 3P IT Solutions Website, and any use of the 3P IT Solutions WEBSITE. In the event of any conflict these Terms of Use control any valid Subscriptions/Services form that you submit requesting Services (“ Subscriptions/Services ”).

“MATERIALS”
“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 3P IT Solutions WEBSITE are the proprietary and copyrighted work of 3P IT Solutions and/or its suppliers. The definition of “Materials” does not include the design or layout of the www.3pitsolutions.com web site or any other 3P IT Solutions owned, operated, licensed or controlled website.

Agents
Any agent appointed by you (i.e. company, employee, client, etc) who has purchased our services on your behalf. You are nonetheless bound as a principal by all the terms and conditions herein.

USE OF THE SERVICES

You are not permitted to use, download or copy any information, data, text, photographs, graphics, video, or other materials provided with the services ("Content") unless:
  • you use the content solely for personal, informational and non-commercial purposes;
  • 3P IT Solutions trademarks and copyright symbol and statement set forth on each page of the site appears on each downloaded or copied page; and
  • no modifications are made to any content whatsoever.

"All references to 3P IT Solutions or the web site (www.3pitsolutions.com) and 3P IT Solutions refer to 3P IT Solutions.

UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each service plan, 3P IT Solutions will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, 3P IT Solutions 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 Plans are subject to 3P IT Solutions limited warranty, which is set forth below. For more information, please refer to online documentation or call us at +1 (Phone) / +1 508-408-5072 (Fax) / Email: info@3pitsolutions.com. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Service Plan in accordance with the Payment Terms provided below.

FEE & PAYMENT
Services against any Subscriptions/Services will be available once you have made payment for Services according to the requirements of the corresponding Subscriptions/Services . All payments against the Subscriptions/Services will be collected by 3P IT Solutions on behalf of 3P IT Solutions. 3P IT Solutions has no obligation to render Services under any Plan if the payments as required under any Subscriptions/Services have not been made.

You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee and/or Subscription 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, all payments fees shall be made in advance.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). Plans can also have Subscription Fees. 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 Subscriptions/Services. You agree to maintain your Service and the bundled services for the applicable term. Once, you subscribe the service and pay the price available then it is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the 3P IT Solutions services you were required to purchase; or (3) You terminate the agreement/ 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 3P IT Solutions to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related service(s). 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 3P IT Solutions and/or any other company who bills products or services, or acts as billing agent for 3P IT Solutions 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 3P IT Solutions with updated credit card information upon 3P IT Solutions request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither 3P IT Solutions nor any 3P IT Solutions 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 3P IT Solutions 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.

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 requirement. 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 Plan.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the 3P IT Solutions WEBSITE or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any 3P IT Solutions server, or the network(s) connected to any 3P IT Solutions server, or interference with any other party’s use and enjoyment of any of the 3P IT Solutions WEBSITE, the Materials, Software or Services. You may not attempt to gain unauthorized access to any 3P IT Solutions WEBSITE, the Materials, Software or Services, other accounts, computer systems or networks connected to any 3P IT Solutions server or to any of the 3P IT Solutions WEBSITE, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any 3P IT Solutions WEBSITE, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Subscriptions/Services.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though 3P IT Solutions has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to 3P IT Solutions “fair use” policy. Under this policy, if at any time, in 3P IT Solutions sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then 3P IT Solutions reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, 3P IT Solutions reserves the right to suspend or terminate any Subscription Services of any Subscriber that 3P IT Solutions, 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 3P IT Solutions; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES
3P IT Solutions 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 3P IT Solutions employees and others as appropriate to your Service under a Subscriptions/Services (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Subscriptions/Services, and not for any other purpose.

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:
  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading 3P IT Solutions or others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

3P IT Solutions has no obligation to monitor the Communication Services. However, 3P IT Solutions reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. 3P IT Solutions reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

3P IT Solutions reserves the right at all times to disclose any information as 3P IT Solutions 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 3P IT Solutions’ 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.

LINKING
You may not create hyperlinks to any portion of the 3P IT Solutions WEBSITE, nor any Materials or Software posted therein.

INDEMNITY
You agree to indemnify, defend, and hold 3P IT Solutions, 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 from your violation of the material terms of these Terms of Use, any misuse or abuse 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 3P IT Solutions or any other third party. You will cooperate as fully as reasonably required in 3P IT Solutions defense of any claim. 3P IT Solutions 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 3P IT Solutions. You agree immediately to notify 3P IT Solutions of any unauthorized use of your account or any other breach of security known to you.

GUESTS; LIMITED LICENSE TO USE OF 3P IT Solutions WEBSITE
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the 3P IT Solutions WEBSITE by current 3P IT Solutions customers outside of the scope of a Service specified under an applicable Subscriptions/Services is also treated as a “Guest”.

As a Guest you may use the 3P IT Solutions WEBSITE and Materials specifically designated as available to guests on the 3P IT Solutions WEBSITE for the limited purposes of (a) deciding whether to subscribe to the Services provided by 3P IT Solutions, (b) registering with 3P IT Solutions and submitting Subscriptions/Services only. The foregoing license grant is a non-exclusive revocable license.

LIMITED LICENSES TO USE THE 3P IT Solutions WEBSITE, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the 3P IT Solutions WEBSITE, or made available in connection with a Subscriptions/Services which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS
Any other use of the 3P IT Solutions WEBSITE, Services, Materials or Software, other than as explicitly permitted by 3P IT Solutions is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to 3P IT Solutions and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.

USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:

  • Cooperate with the 3P IT Solutions Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
  • The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
  • You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
  • The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with 3P IT Solutions support personnel.
  • Software/Data Backup: You understand and agree that 3P IT Solutions shall under no circumstance be responsible for any lost or corrupted software or data. 3P IT Solutions strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
  • Account, Password, and Security: For you to submit a Subscriptions/Services, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify 3P IT Solutions immediately of any unauthorized use of your account or any other breach of security. 3P IT Solutions will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 3P IT Solutions or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of 3P IT Solutions 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 3P IT Solutions ability to schedule a support session. You hereby release 3P IT Solutions from any and all liability, and agree that 3P IT Solutions shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.

3P IT Solutions 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:

  • any item or activity not covered by the terms of a Subscriptions/Services ;
  • service beyond the duration limitations identified in your Subscriptions/Services ;
  • problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
  • Software, including the operating system and software added to the registered hardware products which are out of scope for the Plan;
  • Problems that may and do result from:
  • External causes such as accident, abuse, misuse, or problems with electrical power;
  • Usage that is not in accordance with product instructions provided by manufacture;
  • Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
  • Problems caused by using accessories, parts, or components not compatible with the product.
  • Non Compliance with the 3P IT Solutions technician instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE 3P IT Solutions WEBSITE, OR THROUGH A SERVICE
For your convenience, 3P IT Solutions 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 Subscriptions/Services. 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 3P IT Solutions Web site may be copied or retransmitted unless expressly permitted by 3P IT Solutions.

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 3P IT Solutions 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 Plan and for no other purpose.

The Software may be accompanied by a EULA from 3P IT Solutions 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 3P IT Solutions SOFTWARE
With regard to any Software made available to you by 3P IT Solutions through the 3P IT Solutions WEBSITE for which your acceptance of a separate license agreement is not required (“3P IT Solutions Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by 3P IT Solutions to use the 3P IT Solutions Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan you shall not make any copies of the 3P IT Solutions Software. You agree that the 3P IT Solutions Software is the confidential and proprietary information of 3P IT Solutions 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 3P IT Solutions Software, or otherwise reduce the 3P IT Solutions 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 3P IT Solutions 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 3P IT Solutions Software. You acknowledge that this license is not a sale of intellectual property and that 3P IT Solutions 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 3P IT Solutions Software and related documentation, as well as any corrections, updates and upgrades. The 3P IT Solutions Software may be used only in the country of residence at the time of acceptance of these terms for use of the 3P IT Solutions Software. Export of the 3P IT Solutions Software is strictly prohibited.

THIRD PARTY PRODUCTS
As part of the Services, 3P IT Solutions 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 3P IT Solutions assists you in the acquisition, installation, and/or use of Third Party Software. 3P IT Solutions 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 3P IT Solutions Software shall remain in full force and effect unless and until terminated by 3P IT Solutions, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Subscriptions/Services and these Terms and Conditions. Upon termination of your Plan for any reason, you must cease all use of the Plan and the 3P IT Solutions Software and immediately delete the 3P IT Solutions 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, 3P IT Solutions 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, WEBSITE, training, music, gaming and storage services that 3P IT Solutions may elect to make available from time to time. Violation of such third party provider’s terms of service may, in 3P IT Solutions sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY
3P IT Solutions 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 3P IT Solutions TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

SOME OF THE 3P IT Solutions 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 PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT

3P IT Solutions 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. 3P IT Solutions 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. 3P IT Solutions 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 3P IT Solutions 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 3P IT Solutions be liable to you in excess of the amounts actually paid by you to 3P IT Solutions under the Subscriptions/Services 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
3P IT Solutions at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of 3P IT Solutions: (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, 3P IT Solutions network, or the use and enjoyment of 3P IT Solutions other users; (c) 3P IT Solutions receives an order from a court to terminate the Service you are availing ; (d) if 3P IT Solutions for any reason ceases to offer the Service; (e) if you are no longer a 3P IT Solutions customer, or (f) 3P IT Solutions determines that you are abusing the Service. 3P IT Solutions, 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.

SEVERABILITY; WAIVER
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. 3P IT Solutions 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.

NO OFFER
The 3P IT Solutions WEBSITE is available internationally and may contain references to 3P IT Solutions products, services, and programs that are not available in a viewer’s country. These references do not imply that 3P IT Solutions intends to make such products, services, or programs available in such country.

MODIFICATION
3P IT Solutions reserves the right to amend the Terms and Condition, and the 3P IT Solutions WEBSITE at any time by (a) posting a revised version of the Terms and Conditions on the 3P IT Solutions WEBSITE (http://3pitsolutions.com/Terms-Condition.aspx), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to 3P IT Solutions in connection with registration. You are responsible for regularly reviewing the 3P IT Solutions website to be notified of any amendments to the Terms and Conditions.