IT Homeserve - Cyyte (terms and conditions)

CYYTE, LTD. - TERMS OF SERVICE

This document contains terms and conditions of use for the following services:

1) WEBSITE AND ECOMMERCE MAINTENANCE & SUPPORT SERVICE

2) HOME IT SUPPORT SERVICE

ATTENTION:

USING CYYTE Ltd. HOME IT SUPPORT SERVICES, WEBSITE AND ECOMMERCE MAINTENANCE & SUPPORT SERVICE OR THE WEB SITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND ANY SUBSEQUENT AMENDMENTS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT SIGN UP TO OR USE CYYTE HOME IT SUPPORT SERVICES OR THIS WEB SITE.

1) WEBSITE AND ECOMMERCE MAINTENANCE & SUPPORT SERVICE

This user agreement is by and between Cyyte, LTD and you the customer, and is made effective as of the date of execution. You also agree to be bound by the terms of this agreement. This agreement sets forth the terms and conditions of your use of CYYTE's Website and Ecommerce Maintenance & Support Services.

THE SERVICE:

Cyyte Limited Web Site Maintenance and support Services constitute changes to the current website and its existing web pages using the current web site theme.

There are 3 kinds of maintenance:
1) Maintenance after web site installation
2) Maintenance due to changing needs
3) Maintenance due to recurring needs

1) Maintenance and support after the web site installation means that for the duration of you Maintenance agreement, Cyyte Limited will perform warranty work to liaise with any third party website related hosts, correct technical bugs, spelling errors, perform minor cosmetic/text corrections or changes that are "very" minor (5-30 minute changes) that may have resulted from errors overlooked by the Client or by Cyyte Limited.

2) Maintenance due to changing needs may include minor or major changes to the website. Major changes include a new project of additional screens, and additional information/graphics, and redesign that affect the entire site. It may include major rewording of pages and changes to graphics due to changing needs. Major changes that affect the entire or large sections of the website may require a new fee and invoice/contract agreement. Minor changes are changes that do not affect the entire website (as in option (1)).

3) Maintenance due to recurring needs will be included as part of the website maintenance & support agreement. This includes installation of new page headers for products lines and new non-product text areas e.g. contact details, terms & conditions etc.. The client will be solely responsible for adding product lines, product images, pricing and product content. Where product listings require assistance or tidying up this may be carried out by Cyyte limited as a discretional service and is not subject to our maintenance and support agreement.

Cyyte Limited maintenance of the website may include one or more of the following that are the result of recurring needs and minor changing needs:

text changes (contact details, terms & conditions etc..)
simple maintenance and/or addition of graphics must be provided by the client for existing web pages only (up to 1 hour of work per month only). Major changes in graphics layout in an existing web site shall be considered a new redesign project.
simple navigational changes (up to 1 hour of work per month only). Major navigational changes shall be considered a new redesign project.
addition of new pages as links from an existing page and not as links that will change the navigation of the web site. The creation of any new pages shall follow the current web site theme and will incur a new fee and invoice/contract agreement.
upload of amendments, additions, pages and/or site to the web host.

4) Web hosting and domain name registration are extra services that can either be selected or processed by the Client or Cyyte Limited as agreed. Site submission to more than three search engines and directories and web positioning are extra services charged at an hourly rate. Special graphics (not supplied by the client) may incur cost and if so shall be charged based on Independent Graphics Designer Contractor fees plus any resulting administrative fees.

5) Cyyte Limited warrants that the web pages developed by us will work in Microsoft Internet Explorer versions 6 and up. Designing a web site to fully work in various browsers and versions of browsers require significant effort. While Cyyte Limited will make reasonable efforts to deliver a fully functional web site for the Client, We cannot guarantee that the web site will be fully functional with all forms of internet browsing software, WEB TV, text-based browsers, or browsers other than the Microsoft Internet Explorer. Cyyte Limited will guarantee the web site to be fully functional with the standard 800 x 600 screen resolution.

6) If the Client chooses for Cyyte Limited to process the Web Hosting, Domain Name Registration, E-mail Forwarding, and URL forwarding through a third party, a service fee above and beyond the fees of the third party fees may apply. All fees relating to web hosting, domain name, and forwarding must be paid in advance in order to process the application.

7) Payment for maintenance and support of the website must be made annually, in advance and is subject to change on renewal.

8) Cyyte Limited reserves the right to increase or decrease the annual rate of the maintenance agreement by notifying the client 1 month prior to its renewal date.

9) Cyyte Limited reserves the right to terminate the agreement immediately without reimbursement should:

A third party without the consent of Cyyte Limited be used to make changes to the hosting services, domain services, the design or content of the website at anytime.
Payment of the maintenance and support fee not be received within 1 month of its due date. Should this occur the client will be liable to pay the value of 1 month service plus interest charges to the value of 5% per day of the total fee of the annual agreement.
If abusive or violent conduct is displayed to any member of Cyyte Limited’s staff at any time or place via any form or media by the client.

Further responsibilities of the client:

1.	The Client agrees to protect, defend, hold harmless and to indemnify Cyyte Limited, its owners, its Affiliates and its Independent Contractors, from any claims, including attorney's fees, resulting from the Client's use of Cyyte Limited’s services.
2.	The Client understands, agrees and acknowledges that Cyyte Limited does not provide any web hosting services. Hosting services will require a separate contract with the hosting service of the Client's or Cyyte Limited’s choice. If the Client selects the web hosting service, the Client then agrees to select a hosting service which allows Cyyte Limited full access to the account including access to interpreters that will allow the forms to function properly.
3.	Although Cyyte Limited will make every effort to recommend a reliable third-party web host, the Client understands, agrees and acknowledges that Cyyte Limited cannot guarantee the quality of services of the web host and the stability of the web host in the future.
4.	The Client understands, agrees and acknowledges that Cyyte Limited is not responsible for maintaining a full time Internet presence for the Client. The Client shall contact the Web Host to inquire about the availability of the web site.
5.	The Client understands, agrees and acknowledges that Cyyte Limited is not responsible for the sudden decrease in speed when accessing the web pages. The Client shall contact the Web Host to inquire as to why a site has become slow to access.

6.	The Client understands, agrees and acknowledges that Cyyte Limited is not a marketing firm and is not the primary content producer of the web site. The publishing of all images and content are the responsibility of the client. Cyyte Limited designs and develops web sites and pages out of the information primarily authored by the Client. Cyyte Limited shall not be held liable if the Client's web site developed by Cyyte Limited does not meet the business goals of the Client. Site contents either developed by Cyyte Limited and/or the Client shall be reviewed, finalized, approved and confirmed as satisfactory on completion by the Client.
7.	The Client understands, agrees and acknowledges that on payment of the Maintenance and Support fees to Cyyte Limited they are bound by the terms and conditions of this document for the duration of the agreement.

WEBSITE TRAINING:

Cyyte Limited provide full training for all websites that include a content management system. Training is unlimited in duration but limited to 2 individuals only. A charge is payable for training additional individuals. Training times are expected to be arranged between Cyyte Limited and the Client.

Disclaimer:

THE CYYTE AND VENDOR SOFTWARE DOWNLOADED BY CYYTE (OR SUGGESTED BY CYYTE) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY CYYTE ARE PROVIDED "AS IS" WITHOUT ANY CYYTE WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CYYTE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CYYTE SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE CYYTE OR VENDOR SOFTWARE, SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR LTDIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Any software or material for which CYYTE suggests or downloads to your computer is implemented at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this site. Information published at this Site may refer to products, programs or services that are not available in your country, or you must comply with all local laws, if applicable.

Limitation of Liability:

IN NO EVENT WILL CYYTE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF CYYTE OR VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY CYYTE OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF CYYTE SERVICES, THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CYYTE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, LTDLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR CYYTE SERVICES.

Applicable Laws: This Site is controlled by CYYTE from its offices within the United Kingdom. CYYTE makes no representation that the Content in this Site is appropriate or available for use in locations other than the United Kingdom, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content.

Entire Agreement: These Terms constitute the entire agreement between the parties concerning the purpose of these Terms and supersedes any other agreements and understandings concerning this purpose. These Terms may be amended, waived, or revoked only by written agreement of both parties. Failure to enforce any provision of these Terms will not act as a waiver of any term or right set forth herein.

Notices: Notices to you may be made via either email or regular mail. CYYTE may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site.

Revisions: CYYTE may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and CYYTE makes no commitment to update the materials and services provided by CYYTE.

Acceptance of Terms: You acknowledge you have read, and agree to be bound by these Terms. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE AND UNINSTALL ANY CYYTE SOFTWARE OR VENDOR SOFTWARE DOWNLOADED TO YOUR COMPUTER BY CYYTE.

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2) HOME IT SUPPORT SERVICE

THE SERVICE:

CYYTE HOME IT Support service includes interaction with an authorised technician who will attempt to repair, maintain and improve the performance of your system by accessing your personal computer at your home or remotely by our authorised engineers. The service includes downloading and running software fixes, along with manually modifying and repairing Microsoft® operating systems, including Windows 2000 and Windows XP, and Microsoft Office software, including Office 2000, Office XP/2002, Office 2003, Vista, and Office 2007 applications along with Hardware reconfiguration and replacement and home network support.

Note: Application support (games, business, personal productivity) beyond problem identification help is not included in this service. The services are only available in the English language for customers in the United Kingdom at this time.

CYYTE provides the following support:

· Protecting your PC against pop-ups, viruses, spyware, Trojan horses, worms, and other undesirable programs and files.

· Repairing your PC where it has been infected with pop-ups viruses, spyware, Trojan horses, worms, and other undesirable programs and files.

· Optimising Microsoft® Windows Vista, XP or 2000 operating system and Microsoft Office 2000, XP/2002, or 2003 software to improve system performance and security.

· Update Microsoft® software and eliminate compatibility issues.

· Answering "how to" questions related to Microsoft® Windows XP or 2000 operating system and Microsoft Office 2007, 2003, XP/2002, or 2000 applications.

· Providing hardware and software recommendations.

· Providing problem identification help for hardware and network issues.

· Providing support with software firewalls and Parental Controls.

· Providing a maximum of one comprehensive tune-up per computer per year.

Note: If the customer partially or fully "undos" or removes the work completed by a CYYTE technician, CYYTE is not obligated to rework previous work that has already been completed by the technician. CYYTE may charge the a flat rate fee to redo work that was completed on previous work sessions

Home Support Price Plan:

Cyyte currently operate 3 main price plans: £9.99, £15.00, £25.00. All our price plans are subject to terms and conditions.

£9.99 Home Support: This cover does not include component replacement. All repairs are based on the customer paying for any required component replacement. Only if after such component replacement and or replacements the machine is considered unrepairable by a Cyyte certified engineer will a replacement computer be considered. Cyyte reserves the right to evaluate at which point a machine is no longer repairable.

Replacement computers may take up to 8 weeks to supply.

£15.00 Home Support: This cover includes component replacement. Only if after such component replacement and or replacements the machine is considered unrepairable by a Cyyte certified engineer will a replacement computer be considered. Cyyte reserves the right to evaluate at which point a machine is no longer repairable.

Replacement computers may take up to 8 weeks to supply.

£25.00 Home Support: This cover includes component replacement and annual antivirus upgrade. Only if after such component replacement and or replacements the machine is considered unrepairable by a Cyyte certified engineer will a replacement computer be considered. Cyyte reserves the right to evaluate at which point a machine is no longer repairable.

Replacement computers may take up to 8 weeks to supply.

Exhausting Monthly Callout:

In the event that a customer exhausts the number of callouts stipulated in their support package, a flat fee will be charged for making repairs to or maintaining their computer.

Replacement Computer:

Computers will only be replaced if they are up to 3 years old and unrepairable. The replacement computer will be a Desk top computer. Only one computer per household will be replaced.

Availability of Service:
Subject to the terms and conditions of this Agreement, CYYTE shall attempt to provide services 24 hours per day, seven (7) days per week. You agree that from time to time CYYTE services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedure or repairs which CYYTE may undertake, (3) causes beyond the control of CYYTE or which are not reasonably foreseeable by CYYTE including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion or other failures.

Payment and Fees:
In consideration for CYYTE providing its services or granting a license to certain CYYTE software for the term of this Agreement, You agree to pay CYYTE a signup and service fee.

These fees relate to a single personal computer only. CYYTE reserves the right to increase the fees at any time and the increased fees shall only be posted on the CYYTE website, which you should review from time to time.

Payment Method:
You agree to provide and maintain a valid credit card or debit card on file with CYYTE to purchase service.

· If you select a monthly payment plan, you will be billed in advance each month on the date you purchased service for the next month's service.

· You agree to keep a valid credit or debit card on file in the CYYTE website throughout the term of this Agreement.

· All first payments are to be made in cash or by cheque in conjunction with a one off activation fee of £10.00.

· Payment Plans (see CYYTE website for current service plans and pricing).

· All Plans require payment of a one time, up-front activation fee.

· Annual Plans: A twelve month service agreement with a one time, up-front payment.

· Monthly Plans: A twelve month service agreement paid in monthly instalments.

Service Renewal:

Your initial service agreement is for a twelve month period. If you selected a monthly payment plan your service will automatically be renewed following the initial term on a month-to-month basis.

Monthly charges will continue until you provide written notice to CYYTE that you wish to cancel your service.

If you selected an annual payment plan you will be notified via email at least 30 days prior to the end of your service term to renew services for the following year.

Cancellation Policy:

You agree this service agreement is for a one year term. If you select a monthly payment plan and terminate this agreement prior to the end of the one year term, you agree to pay a cancellation fee equal to the number of hours of service provided at the flat rate fee per issue resolved. If for any reason CYYTE is unable to charge Your credit card or debit card with the full amount of the service provided CYYTE may pursue all available remedies in order to obtain payment, including turning Your account over to a collection agency. In addition, CYYTE is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees and attorney's fees.

Refund Policy
Refunds will not be issued after services have been rendered. All requests for refunds shall be made via a written notice to the CYYTE billing department at billing@cyyte.com.

You’re Cooperation:

For remote access: You agree that your computer has a high-speed or broadband connection to the Internet (specifically a quality, stable broadband connection with a minimum continuous connection speed of 256Kb/s upload and download). Said connection must not have bandwidth usage restrictions that will affect use by CYYTE. Also required is a valid, already-installed copy of Microsoft Windows Vista, XP or 2000 operating system software. You agree to allow CYYTE to temporarily control your computer and access your computer functions. You agree to leave your computer and internet connection operating while CYYTE is diagnosing, downloading or fixing your computer. For the most efficient and cost effective service, You agree to allow CYYTE to download certain suggested software (may require fee-based if sufficient freeware is not available) or remove harmful software or databases to facilitate proper diagnosis or functioning of Your computer. While CYYTE will attempt to obtain your prior approval before deleting or installing important software, you agree to allow CYYTE to improve your computer operations without obtaining your prior approval.

Windows Vista Users: For CYYTE to access your Windows Vista system, you may need to disable your UAC (User Account Control). By disabling the UAC, you understand that you may be allowing your computer to be susceptible to malicious programs for the brief time that CYYTE is accessing your computer. After each time CYYTE terminates its access to your computer, you agree to re-enable the UAC as instructed by CYYTE. You agree that CYYTE is not liable or responsible for any security breaches during the time CYYTE is on your computer, or if you do not re-enable your UAC as directed after CYYTE terminates access to your computer.

24 hour Guarantee: Cyyte offers a guaranteed 24 hour response time to customer’s members within normal hours of operation in your time zone. If call back exceeds 1 hour minute response time, the next month of Executive service is free.

IMPORTANT: To qualify for the 1 hour Guarantee the customer must call in on a phone number that Cyyte recognizes. E.g. Customers must make service requests on the number they signed up for service. Email billing@cyyte.com within 15 days of breach of guarantee to claim.

Appointment Restrictions. Cyyte may only promote and resell the Services to Users located within the UK.

Service Level Warranty and Credit.
The availability of the Services to each User shall be set forth within the service level and excludes any downtime due to scheduled maintenance, requests by, or the actions or inactions of the applicable User, partial or total Internet outages or other events beyond VNC’s reasonable control.

UNDER NO CIRCUMSTANCES SHALL CYYTE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCDIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CYYTE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF CYYTE AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CYYTE FOR THE LAST 12 MONTHS OF SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN CYYTE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Use of Software:
If You download software from this Site or if CYYTE downloads (or suggests that You download) software to Your computer, the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to You by CYYTE or directly by the respective software vendor. Neither title nor intellectual property rights are transferred to you, but remain with CYYTE or the respective software vendor, who owns full and complete title. You may not copy, transfer, sub resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

You acknowledge and agree that CYYTE may, only upon your selection of an approval icon, remotely access your computer and check the software, databases and/or its components that you are utilising and may provide upgrades or fixes to the software that will be automatically downloaded to your computer. You understand that CYYTE may access personal information on Your computer or information related to Your computer; however, CYYTE shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by CYYTE on Your computer, except as required by law. Moreover, CYYTE shall provide you with a function to automatically terminate CYYTE access to your computer at any time. CYYTE may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement. CYYTE agrees not to knowingly transmit to your computer systems any virus, worm, Trojan-horse, sniffer, or other code designed to disrupt the functionality or availability of any of your computer systems, programs or databases. In fact, it is CYYTE's objective to eliminate these nuisances.

CYYTE Authorization to Download Software:

For any software which CYYTE downloads to Your computer and for which the software vendor requires review of the terms and conditions prior to download, CYYTE shall send (via email only) a copy of any available software terms and conditions to You as soon as practical. If you disagree with any of the terms and conditions of the respective software for any reason, promptly uninstall the vendor software.

The respective software vendor shall be directly and solely responsible for all warranties, liabilities and customer service issues related to the vendor software. CYYTE disclaims all warranties and responsibilities related to the vendor software, and CYYTE shall not be liable to you or the software vendor for any reason.

Downloaded Vendor Software and Links to Third Party Web Sites: CYYTE shall attempt to monitor the health of your computer and fix problems by providing suggestions, along with downloading and executing applicable components. CYYTE does not guarantee that CYYTE will locate, diagnose or fix any or all problems or eliminate all viruses, worms, spyware, etc. CYYTE may download software applications that constantly or intermittently run on your computer which may execute code to analyze system performance and scan for problems. CYYTE may provide links to other third-party Web sites or resources or downloads of third party software. Such links or software provided on this Site or by a CYYTE representative are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. CYYTE has not reviewed all of these vendor software and third party sites and does not control and is not responsible for any of the vendor software, sites or their content. Thus, CYYTE makes no representations whatsoever about any other vendor software or web site which You may access through this Site, or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the vendor software or sites linked to this Site, You acknowledge and agree that CYYTE is not responsible for the availability of such external software, sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such software, sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, You agree that CYYTE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party software, materials, content, products or services provided by CYYTE or available on or through any such site or resource.

Use of Web Site:
CYYTE authorizes You to view and download the software and materials at this Web site and other web sites that are linked to this site or affiliated with this site ("Site"), under the condition that all the information, communications, software (whether downloaded to Your computer by You or by CYYTE), scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content"), is intended only for Your personal or company use (not for re-distribution to any other computer), and provided that You retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the Content at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any purpose is prohibited. The Content at this Site is copyrighted and any unauthorized use of the Content at this Site may violate copyright, trademark, and other laws.

Trademarks and Service Marks: There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, CYYTE is not granting you a license to use them in any fashion. CYYTETM is pending and/or allowed applications in the EU and US. Patent & Trademark Office. All other names and brands may be claimed as the property of others.

User Submissions: Other than personally identifiable information or information obtained by CYYTE regarding Your computer which CYYTE shall use for internal purposes and customer service only, any material, information or other communication You provide to CYYTE or transmit to this Site will be considered non-confidential and non-proprietary ("Communications"). CYYTE shall use commercially reasonable efforts to maintain the security of your personally identifiable information; however, you submit such information at your own risk. You agree that CYYTE may use only aggregate information and statistics regarding all client computers for any purpose. You understand and agree that any oral conversations or written communications to CYYTE may be recorded or used for training purposes. You agree not to disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted content, including impersonating another person or entity. For any of your communications to CYYTE which include improvements to CYYTE business operations or functions, you grant CYYTE an unrestricted, non-exclusive, irrevocable license to such improvements without any compensation to you. CYYTE is not responsible for the privacy policies or content of any linked websites or of any vendors which provide the software suggested or downloaded by CYYTE.

Termination: This agreement shall commence on the date you accept these terms and purchase service or the date you begin receiving service from CYYTE, whichever is earlier, and shall continue in effect until you no longer are a customer of CYYTE. CYYTE, in its sole discretion, may terminate or restrict Your use or access to this Site (or any part thereof) or CYYTE services for any reason (and without notice), including, without limitation, if CYYTE believes You have violated or acted inconsistently with the letter or spirit of these Terms, or if You are in breach of the terms of this Agreement or any of the payment terms. You agree that CYYTE shall not be liable to you or any third party as a result of CYYTE suspension or termination of services. Upon termination, you agree to immediately destroy or uninstall any copies CYYTE software or other materials.

Disclaimer:

Limitation of Liability: