End user agreement for Live Chat Software
Important - read carefully:
By completing the electronic acceptance process and clicking the "submit" button, you represent and warrant that you:
(i) are authorized to sign for and bind the contracting party and
(ii) agree to be bound by all of the terms and conditions of this agreement, including the disclaimers and limitations of liability set forth in sections 9 and 10 below.
1. Description of service
The Service provided by miOOt Live Chat allows you to track the web site vistor in real time and enble live chat service in you web site .
To use the Service, You must submit a complete registration form, which is available at http://www.mioot.com (the "Registration Form"), on Your behalf.
As part of the registration process for the Service, You agree to:
(1) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate)
(2) maintain and update this information as required to keep it current, complete and accurate.
The information requested on original signup shall be referred to as registration data ("Registration Data"). If miOOt Live Chat discovers that any of Your Registration Data is inaccurate, incomplete or not current, miOOt may terminate Your right to access and receive the Service immediately upon notice.
miOOt Live Chat will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. miOOt may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. miOOt reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. miOOt need not provide a reason for its rejection. If miOOt ine rejects Your application, then You may reapply and mioot will reconsider the application.
You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to miOOt Live Chat services, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with miOOt Live Chat Services and will become a subscriber for our services.
(a) Description of Service.
miOOt provides the registered user to track the web site visitor in real time and enable the live chat support.miOOt Technologies makes the miOOt Live Chat Service available under a number of different subscription plans. Please confirm that the plan for which You are registering meets Your needs by reviewing the "product information pages." To use the Service you will need to download "Operator Console software .
(b) Fees and Payments.
You can always find the current Subscription Fees and charges posted under My Account on the customer Control Panel Web site. Your subscription will continue and renew automatically unless terminated by miOOt Live Chat services or until You notify of Your decision to change Your subscription renewal. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for mioot.com, or subsequently designated to miOOt Live services at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for miOOt.com (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. miOOt Live Chat services may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your user name and password will be billed to the credit card designated during the registration process for miOOt.com or subsequently designated to miOOt Online services. You also are responsible for any fees or charges incurred to access miOOt.com through an Internet access provider or other third party service. YOU, AND NOT miOOt.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(c) Credit Cards.
As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize miOOt Live Chat services , from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You. miOOt Live Chat does not accept debit cards for payment of Service Fees. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
(d) Trial Offers, Coupons, Credits and Special Offers.
miOOt Live Chat reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with miOOt Personal entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically Un-subscribed . If You wish to continue miOOt services log in to your Customer Control Panel and upgrade your services as paid one.
4. User conduct and proprietary rights
(a) No Resale or Commercial Use of the Service.
Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, any downloadable plug-in or other materials or any information obtained by You without the express written consent of miOOt.
You are solely responsible for the content of Your transmissions through the Service. miOOt, however, reserve the right to take any action with respect to the Service that miOOt deems necessary or appropriate in miOOt's sole discretion if miOOt believes You or Your transmissions or use of the Service may create liability for miOOt Live Chat. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree:
(1) to comply with all United States laws, rules and other regulations applicable in connection with the Service.
(2) not to use the Service for illegal purposes.
(3) not to interfere or disrupt networks connected to the Service
(4) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(5) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
(c) Proprietary Rights.
In accordance with Your authorized use of the Service, miOOt Live Chat grants You a limited license to use the plug-in solely in connection with the Service offered by miOOt Live Chat. You acknowledge that the plug-in downloaded in connection with the Service is proprietary to miOOt Live Chat and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use this plug-in as expressly authorized by the Service and these Terms. Further, miOOt Live Chat logo, and other names, logos, icons and marks identifying miOOt's products and services are trademarks of miOOt Live Chat and may not be used without the prior written permission of miOOt Live Chat. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of this plug-in without expressly being authorized to do so by miOOt Live Chat. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the plug-in. All rights not expressly granted in these Terms are reserved to miOOt Live Chat.
miOOt Live Chat may amend these Terms at any time by
(i) posting a revised Terms of Service document on http://www.mioot.com and/or
(ii) sending information regarding the Terms amendment to the email address You provide to miOOt Live Chat.
You are responsible for regularly reviewing the http://www.mioot.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, miOOt Live Chat reserves the right to modify or discontinue the Service with or without notice to You. miOOt Live Chat shall not be liable to You or any third party should miOOt Live Chat exercise its right to modify or discontinue the Service.
7. Passwords and Security
As part of the registration process, You will use user name and You will choose Your passwords for access to this account . You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify miOOt Live Chat of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
miOOt Live Chat may immediately terminate Your membership and right to use the Service if (a) You breach these Terms; (b) miOOt Live Chat is unable to verify or authenticate any information You provide to miOOt Live Chat; (c) such information is inaccurate; or (d) miOOt Live Chat decides, in its sole discretion, to discontinue offering the Service. miOOt Live Chat shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by miOOt Live Chat.
9. Maintenance and Updates.
You understand that miOOt Live Chat may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that miOOt Live Chat supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless miOOt Live Chat indicates otherwise. miOOt Live Chat reserves the right to charge fees for any future versions of, or updates to, this Software.
10. Disclaimer of warranties
You expressly agree that use of the service is at your sole risk. The service is provided on an "as is" basis. Mioot live chat expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Mioot live chat makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error free, nor does mioot live chatmake any warranty as to the results that may be obtained from the use of the service or the accuracy of any other information obtained through the service or that defects in the plug-in will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained (including plug-ins) through the use of the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from mioot live chat or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
11. Limitation of liability
In no event shall mioot live chat or be liable for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service, including, but not limited to, damages for loss of profits, even if mioot live chat has been advised of the possibility of such damages. Mioot live chat's liability to you or any third party is limited . Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You hereby agree, at Your expense, to indemnify, defend and hold miOOt Live Chat harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against miOOt Live Chat arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
13. General terms
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.miOOt Live Chat's failure to act with respect to a breach by You does not waive miOOt Live Chat's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. miOOt Live Chat shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond miOOt Live Chat's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand;
(ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12;
(iii) by overnight courier or
(iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.
If you have any questions or suggestions regarding our Terms and conditions, please contact us online or by mail at firstname.lastname@example.org