This document was last modified on February 10, 2006.

The following are the terms and conditions for use of eSOZO Computer & Network Services, LLC, PO Box 846 Flemington, New Jersey 08822. Please read them carefully.The services that eSOZO provides to you are subject to the following Terms of Service ("TOS"). eSOZO reserves the right to update the TOS at anytime without notice to you. By viewing, downloading or otherwise using any materials on our web site you agree to be bound by the terms set forth in the TOS. IF YOU DO NOT AGREE TO THE TOS YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE SOFTWARE PROVIDED ON OR THROUGH THIS SITE.

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF eSOZO COMPUTER & NETWORK SERVICE AND YOUR RELATIONSHIP WITH eSOZO. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

1. GENERAL

These Terms of Service (“TOS") are entered into by and between you, the customer (personally and/or on behalf of your employer, as applicable) ("you", "your" or "Subscriber") and eSOZO Computer & Network Servies, LLC (“eSOZO”, "us" or "we"). The TOS and related policies are also set forth on the eSOZO website (http://www.esozo.com) ("Website").

2. DEFINITION OF SERVICE

eSOZO is a web-based service that allows remote access troubleshooting, computer services, and technical support (“Service”).  The web service also allows REMOTE SUPPORT and PC tune-ups to your computer to increase speed.  For a full overview of all of eSOZO’s services, see www.esozo.com and REMOTE SUPPORT.

3. AVAILABILITY OF SERVICE

3.1 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 available 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. All Services are provided on an AS IS basis.

3.2 eSOZO 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.

4. PRIVACY POLICY

Your use of the Service is subject to eSOZO’s Privacy Policy.  For more information regarding eSOZO’s Privacy Policy, see the entire POLICY in its full text at www.esozo.com.

5. TERM AND TERMINATION

This TOS goes into effect upon your acceptance of this TOS as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement.

6. MODIFICATIONS TO SERVICE

eSOZO reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that eSOZO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.  For the most current version of the TOS, see www.esozo.com, TERMS OF SERVICE. 

7. PRICING AND PAYMENT

7.1 Pricing and Fees.  eSOZO fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the eSOZO web site under the PRICING tab on the Website 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, termination 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. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Monthly recurring charges (subscription plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. eSOZO or its agent will bill you directly in the method specified by you in the ordering process.

7.2 Late Fees. If any portion of your bill is not paid by the due date, eSOZO may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event eSOZO utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.

7.3 You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of that Service.

7.4 Service Without Resolution. eSOZO will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If eSOZO is unable to resolve your computer problem, you will still be liable for charges for time spent by eSOZO in an attempt to correct a problem.

8. WARRANTIES AND LIMITATION OF LIABILITY

8.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. eSOZO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE SERVICE, 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. USE OF eSOZO COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

8.2 eSOZO DOES NOT WARRANT THAT THE SERVICE PROVIDED BY ESOZO 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. ESOZO 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. eSOZO MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. eSOZO 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.

8.3 IN NO EVENT SHALL eSOZO 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 ESOZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

8.4 eSOZO 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.)

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless eSOZO 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 TOS 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.

10. CHOICE OF LAW

This TOS shall be governed by and construed under the laws of the State of New Jersey, U.S.A., as applied to agreements entered into and to be performed in New Jersey and New Jersey residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Hunterdon County, New Jersey. 

11. WAIVER AND SEVERABILITY

Failure by either party to exercise any of its rights under, or to enforce any provision of, this TOS will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this TOS is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this TOS will remain in full force and effect.

12. GENERAL PROVISIONS

12.1 eSOZO 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.

12.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

12.3 This TOS constitutes the entire agreement between you and eSOZO with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this TOS, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.