Privacy Policy

The PROPHOENIX SOLUTIONS Privacy Policy is an integral part of these Terms and Conditions. You agree that any information or data disclosed or sent to PROPHOENIX SOLUTIONS over the telephone, electronically or otherwise, is not confidential or proprietary to you. 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 Service Plan. 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 Service Plan. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the PROPHOENIX SOLUTIONS Portal 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 PROPHOENIX SOLUTIONS server, or the network(s) connected to any PROPHOENIX SOLUTIONS server, or interfere with any other party’s use and enjoyment of any of the PROPHOENIX SOLUTIONS Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any PROPHOENIX SOLUTIONS Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any PROPHOENIX SOLUTIONS server or to any of the PROPHOENIX SOLUTIONS Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any PROPHOENIX SOLUTIONS Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order. FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF PLAN: Though PROPHOENIX SOLUTIONS has no limits on the amount of online support requests an Incident Based Plan user may make until issue is resolved, however, each User’s use of the support services for the Incident Based Plans are subject to PROPHOENIX SOLUTIONS “fair use” policy. Under this policy, if at any time, in PROPHOENIX SOLUTIONS sole discretion, an Incident Based Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using an Incident Based Plan for individual use, then PROPHOENIX SOLUTIONS reserves the right to suspend or terminate Services. In addition, PROPHOENIX SOLUTIONS reserves the right to suspend or terminate any Services of any User that PROPHOENIX SOLUTIONS, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than User, 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 PROPHOENIX SOLUTIONS; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service. LINKING You may not create hyperlinks to any portion of the PROPHOENIX SOLUTIONS Portal, nor any Materials or Software posted therein. INDEMNITY You agree to indemnify, defend, and hold PROPHOENIX SOLUTIONS Live, 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 PROPHOENIX SOLUTIONS or any other third party. You will cooperate as fully as reasonably required in PROPHOENIX SOLUTIONS defence of any claim. PROPHOENIX SOLUTIONS reserves the right, at its own expense, to assume the exclusive defence 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 PROPHOENIX SOLUTIONS. You agree immediately to notify PROPHOENIX SOLUTIONS of any unauthorized use of your account or any other breach of security known to you. GUESTS; LIMITED LICENSE TO USE OF PROPHOENIX SOLUTIONS PORTAL If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the PROPHOENIX SOLUTIONS Portal by current PROPHOENIX SOLUTIONS Users outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”. As a Guest you may use the PROPHOENIX SOLUTIONS Portal and Materials specifically designated as available to guests on the PROPHOENIX SOLUTIONS Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by PROPHOENIX SOLUTIONS, (b) registering with PROPHOENIX SOLUTIONS and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license. LIMITED LICENSES TO USE THE PROPHOENIX SOLUTIONS PORTAL, MATERIALS AND SOFTWARE As permitted through a Service, you may use Materials and Software posted on the PROPHOENIX SOLUTIONS Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions. GENERAL LICENSE RESTRICTIONS Any other use of the PROPHOENIX SOLUTIONS Portal, Services, Materials or Software, other than as explicitly permitted by PROPHOENIX SOLUTIONS is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to PROPHOENIX SOLUTIONS and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited. USER RESPONSIBILITY In connection with obtaining Services, you agree that you will: 1. Cooperate with the PROPHOENIX 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: 1. 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; 2. The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with PROPHOENIX SOLUTIONS support personnel. 2. Software/Data Backup: You understand and agree that PROPHOENIX SOLUTIONS shall under no circumstance be responsible for any lost or corrupted software or data. PROPHOENIX SOLUTIONS strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. 3. Account, Password, and Security: For you to submit a Plan Order, 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 PROPHOENIX SOLUTIONS immediately of any unauthorized use of your account or any other breach of security. PROPHOENIX 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 PROPHOENIX 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 PROPHOENIX SOLUTIONS ’S 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 PROPHOENIX SOLUTIONS ’S ability to schedule a support session. You hereby release PROPHOENIX SOLUTIONS from any and all liability, and agree that PROPHOENIX SOLUTIONS shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. PROPHOENIX 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: 1. any item or activity not covered by the terms of a Plan Order; 2. service beyond the duration limitations identified in your Plan Order; 3. 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; 4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan; 5. Problems that may and do result from: 1. External causes such as accident, abuse, misuse, or problems with electrical power; 2. Usage that is not in accordance with product instructions provided by manufacture; 3. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or 4. Problems caused by using accessories, parts, or components not compatible with the product. 5. Non Compliance with the PROPHOENIX SOLUTIONS technician instructions for resolving the query. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE PROPHOENIX SOLUTIONS PORTAL, OR THROUGH A SERVICE For your convenience, PROPHOENIX 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 Plan Order. 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 PROPHOENIX SOLUTIONS Web site may be copied or retransmitted unless expressly permitted by PROPHOENIX 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 PROPHOENIX 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 Service Plan and for no other purpose. The Software may be accompanied by a EULA from PROPHOENIX 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 PROPHOENIX SOLUTIONS SOFTWARE With regard to any Software made available to you by PROPHOENIX SOLUTIONS through the PROPHOENIX SOLUTIONS Portal for which your acceptance of a separate license agreement is not required (“PROPHOENIX SOLUTIONS Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by PROPHOENIX SOLUTIONS to use the PROPHOENIX SOLUTIONS Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the PROPHOENIX SOLUTIONS Software. You agree that the PROPHOENIX SOLUTIONS Software is the confidential and proprietary information of PROPHOENIX 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 PROPHOENIX SOLUTIONS Software, or otherwise reduce the PROPHOENIX 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 PROPHOENIX 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 PROPHOENIX SOLUTIONS Software. You acknowledge that this license is not a sale of intellectual property and that PROPHOENIX 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 PROPHOENIX SOLUTIONS Software and related documentation, as well as any corrections, updates and upgrades. The PROPHOENIX SOLUTIONS Software may be used only in the country of residence at the time of acceptance of these terms for use of the PROPHOENIX SOLUTIONS Software. Export of the PROPHOENIX SOLUTIONS Software is strictly prohibited. LIMITED SERVICE WARRANTY PROPHOENIX 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 PROPHOENIX SOLUTIONS TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. PROPHOENIX 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. PROPHOENIX 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. PROPHOENIX 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 PROPHOENIX 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, 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 PROPHOENIX SOLUTIONS be liable to you in excess of the amounts actually paid by you to PROPHOENIX SOLUTIONS under the Plan Order 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 PROPHOENIX SOLUTIONS at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of PROPHOENIX 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); (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, PROPHOENIX SOLUTIONS ’S network, or the use and enjoyment of PROPHOENIX SOLUTIONS ’S other users; (c) PROPHOENIX SOLUTIONS receives an order from a court to terminate the Service you are availing ; (d) if PROPHOENIX SOLUTIONS for any reason ceases to offer the Service; (e) if you are no longer a PROPHOENIX SOLUTIONS User, or (f) PROPHOENIX SOLUTIONS determines that you are abusing the Service.

PROPHOENIX 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.
PROPHOENIX SOLUTIONS ’S 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. MODIFICATION PROPHOENIX SOLUTIONS reserves the right to amend the Terms and Condition, and the PROPHOENIX SOLUTIONS Portal at any time by (a) posting a revised version of the Terms and Conditions on the PROPHOENIX SOLUTIONS Portal (http://www.prophoenixsolutions.com), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to PROPHOENIX SOLUTIONS in connection with registration. You are responsible for regularly reviewing the PROPHOENIX SOLUTIONS website to be notified of any amendments to the Terms and Conditions. LAW; FORUM This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction. If user has any questions about the Privacy Policy at our Web site, user can e-mail user inquiries to customerservice@prophoenixsolutions.com