ON1 Technical Support Terms of Use

TL;DR

In the immortal words of Jerry Maguire, “Help me, help you.”
To solve your issue, we may need technical information, log files, sample photos, screenshots, recordings, etc. We can’t help you if you don’t provide these when asked.
Our support agents are well-trained human beings in the USA. We know it can be frustrating when the software isn’t working the way you expect, but we require civil discourse. Any abuse or threats will not be tolerated.
We can solve most problems. However, there may be technical or hardware limitations, bugs, or design decisions you may disagree with.

Welcome to the terms and conditions (Terms) for ON1 Technical Support. These Terms are between you and ON1, Inc. and/or its affiliates (“ON1.com” or “Us”) and govern our respective rights and obligations. Please note that your use of the ON1 Support website and ON1 Technical Support and Customer Service are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the ON1.com website, all of which (as changed over time) are incorporated into these Terms. By submitting a technical support or customer service ticket, you accept these terms, conditions, limitations, and requirements.

ON1.com Privacy Notice
ON1.com Terms of Use
ON1 End User License Agreement

Use of Software and Online Services

The software and services that are made available on and from this Site are the copyrighted material and work of ON1, Inc. and/or its suppliers. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may view our End User Licensing Agreement here. Unauthorized duplication of software is a Federal crime. The Software & Information Industry Association (SIIA), states “anyone who violates any of the exclusive rights of the copyright owner … is an infringer of the copyright” (Section 501), and sets forth several penalties for such conduct. Those who purchase a license for a copy of software do not have the right to make additional copies without the permission of the copyright owner, except (i) copy the software onto a single computer and (ii) make “another copy for archival purposes only,” which are specifically provided in the Copyright Act (Section 117).

Agreement Changes

We may in our discretion change these Terms, ON1.com’s Conditions of Use and Privacy Policy, without a written notice. If any change to these terms is found invalid, void, or for any reason not enforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Acceptable Use

ON1 provides a platform via its website to request technical support and customer service. As a condition of use, you promise not to use this Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by ON1, Inc. By way of example, and not as a limitation, you agree not to use the service:

To abuse, harass, threaten, impersonate, or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Visual Content or Communications that are illegal, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
For any purpose (including posting or viewing Visual Content) that is not permitted under the laws of the jurisdiction where you use the Services;
To create or transmit unwanted ‘spam’ to any person or any URL;
To post copyrighted Visual Content or other Communications that do not belong to you or that you do not have explicit permission to share.
With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
To promote or sell Visual Content or other copyrighted material of another person or third-party;
To transmit any worms or viruses or any code of a destructive nature.

While ON1 prohibits such conduct and content on the Site, you understand and agree that ON1 cannot be responsible for the Content posted on the Site and you nonetheless may be exposed to such materials and that you use the Site at your own risk.

ON1 will normally only delete Content that violates these Terms of Use, However ON1 reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by ON1 in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, ON1 encourages you to maintain your own backup of your Content. In other words, ON1 is not a backup service and has no obligation to return your Content to you at any time.

Due Diligence

ON1 wants to help you solve your technical support or customer service issue. Our agents may need technical details, log files, sample files, etc., to provide timely and accurate responses. It is imperative you provide the requested information and files to troubleshoot your issues.

Proprietary Rights to Content

ON1 does NOT claim ANY ownership rights in Content that you post on the Site. By displaying or publishing (“posting”) any Content on or through the Site, you hereby grant to ON1 a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, reproduce, and translate such Content, as needed to resolve your support issue.

You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license described in these Terms of Use, (ii) the posting and use of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of Content you post on or through the Site, and agree to indemnify ON1, Inc. with respect to any claims brought by any third party as a result of Content you have posted on or through the Site.

The Site contains Content of persons and entities who post such Content. ON1, and third parties who have licensed their content to ON1. Except as provided within these Terms of Use, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN ON1.COM’S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PLUS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP OR THE RETURN OF YOUR PURCHASE. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

These Terms of Use shall be governed by the laws of the State of Oregon, USA, and you consent to the exclusive jurisdiction of the courts of the State of Oregon. In any action or proceeding related to these Terms of Use, venue shall lie exclusively in Marion County, Oregon, and in no other location. In any action or proceeding arising under these Terms of Use you will shall appear for deposition at your own expense in Marion County, Oregon at such time as is either mutually agreed upon or ordered by the court.