Term Conditions
THESE TERMS AND CONDITIONS (“TERMS OF USE”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF THE MCAKEY WEBSITE AND MCAKEY COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH MCAKEY YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE MCAKEY SERVICE.
AGREEMENT
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND MCAKEY. (THE “AGREEMENT”).
The PLANS
Order will form part of the “Agreement” only if it has been acknowledged by MCAKEY in writing or by e-mail. You must agree to the Terms and Conditions in order to be eligible to use the MCAKEY Websites (defined below) or obtain MCAKEY 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.
“MCAKEY Certified Technician” – “ MCAKEY Certified Technician means” technicians and specialists certified by MCAKEY to perform the Services under this Agreement.
“Subscription Based Plans” – “Subscription Based Plans” or “Subscription/(s)” are tenured Subscription plans offered by MCAKEY that are active for a specified period and will not include any incident-based plans such as “Per Incident Plan” or the like.
“Services” – All references to “Services” refer to any MCAKEY service delivered under the plan that you enter into with MCAKEY through the use of the MCAKEY Websites (defined below) or by calling the MCAKEY phone number mentioned on the MCAKEY Websites. These Terms of Use govern all plans available through the MCAKEY Website, and any use of the MCAKEY Website. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services (“Plan Order”).
“ 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 MCAKEY Websites are the proprietary and copyrighted work of MCAKEY and/or its suppliers. The definition of “Materials” does not include the design or layout of the MCAKEY .net website or any other MCAKEY-owned, operated, licensed or controlled website.
“Software”– “Software” means a computer program of any kind, whether owned by MCAKEY or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. The software includes both MCAKEY Software and third-party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”).
