HelpConnection.NET - Policies and Legal Information
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Twitter Help Desk Software - HelpConnection.NET

 


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HC: Refers to the HelpConnection.NET help desk and web based knowledge base solution., developed by the parent company registered as Expinion.net.

Client: Registered user of HelpConnection.NET developed software, or recipient of services provided by HelpConnection.NET or its parent company Expinion.net.

Provider: Refers to the Expinion.net company and/or its staff members or owners.

The Provider agrees to provide, and Client agrees to receive, software and/or services according to the following terms and conditions:

The content of HelpConnection.NET, including all text and graphical work is copyrighted and must not be used without prior written permission.





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Site Content

HelpConnection.NET staff will not work on any project or provide services or products (such as software) for anyone using restricted contents: illegal, abusive or unethical activities including, but not limited to, child pornography, obscenity, violations of privacy, hacking, computer virus, promotion of spamming, and any harassing or harmful materials or uses, as determined by us. In other words, content must be legal, and not in any way defame the reputation of HelpConnection.NET.


HelpConnection.NET reserves the right to revoke the license of any site whose content is deemed offensive by HelpConnection.NET staff, without compensation. Clients and visitors agree to indemnify and hold HelpConnection.NET harmless from any claim resulting from their own publications or use of illegal, abusive or unethical materials.

The views (political, religious or otherwise) of our clients (some of whom we may be linked to), do not necessarily reflect those of HelpConnection.NET.

Software Licenses (All Software)

All software licences sold by HelpConnection.NET are for a 'single installation license' unless clearly specified otherwise, in the purchase email, and is sent via download link. (CDs, shipping, and printed documentation are not included in the price of our applications.)

The software purchaser is required to agree to the conditions of this page, before either downloading or requesting an installation of any HelpConnection.NET software.

Software licenses sold by HelpConnection.NET do not include the full source code, though there are files containing settings, visible language, and which may need to be accessed in order to implement your site's menus into the HC solution. An electronic copy of any applicable users' guide are included. All sales are for the license to use an application only, which does not in any way imply ownership or rights to the software code itself. All code developed by HelpConnection.NET remains the exclusive property of HelpConnection.NET. Purchasers may remove the HelpConnection.NET logo, but may not claim to own the software code in any way (in writing, verbally, on their web sites, or in any other fashion.) This includes, but is not limited to showing their own logo or text on the software, with any claims to having developed or written the software, Nor, may the software be posted online with the HelpConnection.NET copyright notice removed from the source code. (This implies ownership of the code, and is expressly forbidden under the terms of this license agreement.)

Unless clearly specified otherwise, in the 'Purchase' email, all license sales are for a single installation only. As such, the client agrees to provide HelpConnection.NET with the Company Name and URL (if not for intranet use) where that license will be used, and not to resell or otherwise distribute the software without express written consent from HelpConnection.NET. For example: A web designer may purchase a license to an application which he intends to modify on behalf of a client. He may use the license on the single site for which it was purchased (his client's site). However, he will be required to purchase a separate license for each client. This license may not be resold to a different client, and it may not be resold by the end-user.

Regardless of whether or not the client has modified the code, ownership and further distribution will be exclusive to HelpConnection.NET and/or agents or distributors designated by HelpConnection.NET. All software licenses sold by HelpConnection.NET may be used on an internet site or intranet server, whose domain is owned by the licensee. References made below to exclusive use do not refer to site visitors, but rather to the number of copies of the code that can be used, on whose sites, and on how many servers.

Links provided af the time of purchase are for use by the licensed company only, and the software is to be installed one time only (with exceptions for Server, Developer, Enterprise, or Distributor licenses, which will be noted on the purchase email & record). The download link is subject to change without notice. If exceptional circumstances have not allowed you to complete your download before the link has been terminated, please contact support@HelpConnection.NET.

Client agrees to indemnify and hold harmless the provider (HelpConnection.NET) for any damages caused by HelpConnection.NET software and/or its employees to the client's business in any way, or as indicated in the remainder of this document, including terms identified in the Services section.

Client will use the software in a manner consistent with any and all applicable laws of Manitoba, Canada and the laws of the client's country. Any legal actions brought against HelpConnection.NET or initiated by HelpConnection.NET, will be held in courts located in Winnipeg, Manitoba, Canada. The decision of the courts of Canada will be binding. HelpConnection.NET will not be responsible for monitoring the use of the application licenses which have been sold, but when a client is known to violate the law, or any other portion of HelpConnection.NET's licensing or policies, HelpConnection.NET reserves the right to withdraw the application license immediately, without notice or reimbursement.

See disclaimer below for more information.

HelpConnection.NET reserves the right to create a link to any of the applications purchased by the client. The client has the option of requesting link removal for any reason at any time by emailing us.

Single Installation License:
All software licenses sold by HelpConnection.NET, are for a single permanent installation only, unless otherwise specified as Server or Developer Licenses. A temporary test installation is allowed, but must be removed when the permananent installation has been implemented or within 3 months, whichever comes first.

With the exception of one temporary test installation described above, this license may only be installed on 'one' web site (or one intranet server when the site is not on the world wide web), and is non-transferable. Additional domains may be linked to this installation or forwarded to the site where the software is installed.

All licenses are subject to the rules and restrictions stated above, and must be used in a manner consistant with the laws of the land in which they are being used.

Restrictions:
The Licensee is not permitted to:
* Use the application outside of the licensed domain name for which it was purchased.
* Re-sell the application in any way or form, beyond its use for the URL or company for which the license was purchased.
* Incorporate as part of any other applications, if that application resides outside of your domain name.
* Use the software anywhere outside the licensed corporation/business or domain name.
* Use the software for web hosting by other parties (companies), even if the application resides on your corporate servers.
* Install more then one copy of the application per license, with the exception of temporary (60 days or less, and not for commercial use) test installations.
* Remove the HelpConnection.NET copyright information located in the source code, but not visible on the site. (Visible references to HelpConnection.NET may be removed, such as the HelpConnection.NET logo, provided no claims to having developed the software are made.)

Installation Conditions (Single Installation License Only):
* Installation can only be provided by HelpConnection.NET when the client can allow temporary access to their server via FTP. (Free installation will never include a visit to the client's physical address.)
* Installation is provided on request only.
* Installations will be processed on a next available installation date basis, completion times will depend on staff availability and work load.
* Installation and support is limited to code written by HelpConnection.NET only.
* Installation requests may be made for the site that has been licensed only (as identified at the time of purchase).
* Installations will not be done by HelpConnection.NET staff for temporary test sites.
* Client agrees to indemnify and hold HelpConnection.NET harmless, for any damages caused by HelpConnection.NET software and/or its employees to the client's business during the installation and/or as a result of the installation, including any inability by the client or their visitors to access their site.


Free Support Conditions:
HelpConnection.NET reserves the right to restrict free support for any application license to:
* only one company representative per application sale.
One contact person should make all support requests on behalf of users within their company.
This will save the client from needing to purchased additional support issues due to repeat questions.
* the most current version of the application. Provider cannot promise support on old versions of software, which may not be compatible with newer operating systems, etc. If a newer version is available, the Provider strongly suggest that our users upgrade.
* a limited number of issues per application sold, as defined [ here].
* a maximum of 90 days after purchase. For additional support you may purchase an annual support plan.
* unmodified code. HelpConnection.NET may refuse to provide support for modified and/or changed code.
* applications for which payment has been received.
* Add-On Modules are also entitled to free support for 90 days after purchase. This will be dependent on the Add-on Module, and will be noted in the purchase information, if applicable.

Additional Support Information:
* Annual support contracts can be purchased [ here ], and include version upgrades released during the term of the support contract.

* Client agrees to indemnify and hold HelpConnection.NET harmless, for any damages caused by HelpConnection.NET software and/or its employees to the client's business as a result of support offered by HelpConnection.NET or its staff, including any inability by the client or their visitors to access their site.

Software Refunds & Exchanges:
The provider warrants that the software will work exactly as it does in the demo areas, if client's server meets the requirements as identified here, and if HelpConnection.NET is given sufficient opportunity to assist in the installation. Since the Provider provides a trial version prior to sale, the client will have had the opportunity to fully test the application out on your long-term server, including the installation and implementation. As a result the Provider does not offer refunds or exchanges after the permanent license key has been sent.


Other Services
Description:
In this section, the term Services refers to services provided by HelpConnection.NET or an HelpConnection.NET staff member while acting on behalf of HelpConnection.NET, and does not include off-the-shelf software applications.

Client will use the services in a manner consistent with any and all applicable laws.

User Parameters: The agreement hereby is intended to cover one client only, and is for the sole use of the customer specifically named above and does not extend to any other person or entity.

Services are provided on an "As is" Basis. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to access hosted web site and any other services for any reason.

Client owns all rights to files designed under custom web design. Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on hosts outside of provider. Client is solely responsible for independent backup of data stored on Providers server and network.

CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF SERVICES.

Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. This exludes any communication with the provider.

In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed.

Client acknowledges having three business days to cancel after a service is ordered. Cancellations my be received in writing. After three business days all orders, sales, rents, timeframes, and terms are final. Once the service is ordered there are no refunds if the service contract is canceled by client before the regular expiration date. If no correct notice of cancellation is given, all contracts will automatically renewed for another term under the same conditions.

Disclaimer
* HelpConnection.NET will not be responsible for any damages to a client's business or to any third party.
* HelpConnection.NET makes no warranties of any kind, expressed or implied for services provided by them, unless otherwise noted.
* HelpConnection.NET disclaims any warranty or merchantability or fitness for a particular purpose.
(This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by HelpConnection.NET and/or its employees to any of HelpConnection.NET's clients, visitors or third party.)

HelpConnection.NET reserves the right to revise its policies at any time.


Billing Terms
HelpConnection.NET accepts the following methods of payment:
. Checks
. Money Orders
. Cash
. Credit Cards (Visa, MasterCard, Discover, Diners, AMEX)
. PayPal
. Purchase Order
(contact us for more information)

With the exception of approved purchase orders, payment for software is due upon delivery of that software. Fees for downloaded software are due immediately. All hosting and maintenance fees must be paid on a monthly, quarterly or annual basis. Hosting and maintenance billing invoices will be sent via E-mail ten days before payment is due (All customers must have a valid e-mail address on file).

A $25 late fee is applied to all accounts 15 days past due. Once accounts reach 30 days past due mails are sent to inform the customer, and the customer's Web site might be taken off-line to prevent further charges. Once payment is received the service is then restored. This rule only applies to websites hosted on provider's servers.


Cookies
What is a Cookie?
A cookie is a tiny piece of text asking permission to be placed on your computer's hard drive. If you agree, then your browser adds the text in a small file; this is often done automatically.

If you have set your browser to notify you before accepting a cookie, you will notice that HelpConnection.NET requests a cookie to be set on your computer. Its purpose is to let us know when you visit our site. This cookie, by itself, only tells us that a previous HelpConnection.NET visitor has returned. It doesn't tell us your e-mail address or who you are. If you want to give us that information later via registration, that's your choice.

Why are Cookies Persistent?
If the web server does not detect a Unique ID for your session, it will generate one and send it to the client in the form of a cookie. So, if you accept the cookie, you only get it once. If you do not accept the cookie, it will try to send you one with every hit until you accept it. This means that almost every page and item on that page you request from HelpConnection.NET will come with a cookie request unless you already have one.

Are All Cookies The Same?
No. On the HelpConnection.NET site there are two kinds; temporary and log cookies. Temporary cookies are necessary to maintain the user session and tell our server which page to pull up next. The traffic log cookie tells us what pages are being used and which ones aren't. This helps us make improvements to the site to better meet your needs and cut down on pages that don't get used.

So What Does A Cookie Do For Me, The Visitor?
There are several immediate advantages on HelpConnection.NET that you can see through the use of cookies. For example, the HelpConnection.NET support area retains your username string between visits. When you return, you'll notice that the username is already typed in.

Why Do I Need to Know This?
Because we want you to know why we ask you to accept a cookie. We want to be sure you understand that accepting a cookie in no way gives us access to your computer or any personal information about you. We know that a lot of people have concerns about cookies, but in talking with many of our users, we feel that the benefit we both gain from their proper use is worthwhile. We value the relationships we have with our customers and future customers, so we respect these concerns.

Logged Files
HelpConnection.NET web site logs browser types for systems administration purposes. These logs will be analyzed to improve the value of the materials available on the website. A user’s session will be tracked, but the user will be anonymous. The Provider does not link IP addresses to any personally identifiable information in this manner.

Data Collection
For security reasons, HelpConnection.NET does occasionally collect IP addresses. For example, at the time of placing an order. This information is used by HelpConnection.NET staff to verify the validity of the sale, due to the high risk of fraud on the internet. IP information is never provided to any third party, except in cooperation with authorities, for fraud investigation purposes.

When a client uses their HelpConnection.NET software to check for an available upgrade to the product, the Provider collects their IP address, URL and Purchase ID number, which are then used to verify the right to the upgrade and correct our license records. This information is never passed to a third party, though the Provider reserves the right to link to applications on the internet from our links area, unless the Provider has received a request not to do so.

Emails and Newsletters
From time to time, HelpConnection.NET will email members or clients to inform them of pertinent news and/or ask them for information / comments. The frequency and the nature of these emails will be guided by their on-going feedback.

HelpConnection.NET does not send out any regular newsletters, though new release notification can be requested via [this form].

Purchase Order
Purchases are to be pre-paid by credit card. However, purchase orders may be accepted by HelpConnection.NET, when the corporation or institution has no other means of payment, and subject to client account approval. In addition to the usual PO information, a contact email address is required so we can notify you of your account being set up, and to send your download link to.

In order to process a Purchase Order, we require clients to complete the [ form ] in our purchases area of HelpConnection.NET, as well as to send a hard copy of the Purchase Order via [ email ] or [ post ]. Once received, the account registration process for new clients will be initiated, or in the case of existing clients the sale will be completed.

Notes and Limitations:

  • Sales via purchase order number are subject to account approval by HelpConnection.NET and credit terms may be declined at the sole discretion of HelpConnection.NET.
  • The terms of a client's credit terms are subject to approval by HelpConnection.NET, and are established on a client-by-client basis but may range from due immediately or n/15.
  • Sales via Purchase Order are subject to an additional fee for processing, and will result in a temporary license key until after payment has been received.
  • Download links will not be sent until after the client's account has been setup by HelpConnection.NET, which may require up to 3 business days to process.
  • Once the download link has been sent, the company who issued the purchase order will be considered legally bound to pay for the software that they have ordered within the time frame setup in the client's account. (Maximum credit terms are net payable within 15 days.)


    Refusal of Sale
    HelpConnection.NET owners and employees reserve the right to refuse any sale, at their sole discretion. If funds have already been received specifically for that sale which was cancelled by an HelpConnection.NET staff member, funds will be refunded. Anytime payment has been refunded, the user will no longer have a license to use the product. Any use of a product without a license may result in legal action.








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