Terms and Conditions

SupportSpace Legal Documentation

Customer Service Agreement
Member Service Agreement
Privacy Policy
Copyright Policy
Payment Policy

Customer Service Agreement

Welcome to SupportSpace!

This Customer Service Agreement (“Agreement”) is a legal agreement between you (“Customer”) and SupportSpace, Inc. (“SupportSpace”). Your access to the Site (defined below) and technical support service providers who are accessible though the Site (“Experts”) is governed only by the policies, terms and conditions below. For convenience, we refer to the SupportSpace.com website and any content therein provided by SupportSpace as the “Site”, we refer to any desktop sharing session or other communications you have via the Internet or telephone related to your SupportSpace account with the Experts as
“e-Support” and we refer to any technical support services you may receive from an Expert related to your SupportSpace account or the Site, (including e-Support and in-home visits) and their listings on the Site as “Expert Services.”

This Agreement limits SupportSpace’s liability and obligations to you and allows SupportSpace to change, suspend or terminate your access to and use of the Site, e-Support, your SupportSpace account and Expert Services in its sole discretion. We urge you to carefully read this Agreement and all policies referenced herein or elsewhere on the Site, which are incorporated herein by reference and form part of this Agreement.

YOU UNDERSTAND THAT BY CLICKING THE “AGREE & JOIN” BUTTON, BY USING THE SITE, ANY EXPERT SERVICES, YOUR SUPPORTSPACE ACCOUNT OR BY HAVING ANY FORM OF COMMUNICATION WITH AN EXPERT, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR EXPERT SERVICES.

Eligibility; Limitations on Service
The Site and Expert Services are only available to persons who are at least eighteen (18) years old (an “Adult”). SupportSpace acts only as an interface to facilitate communications between Experts and Customers and to collect Fees (defined below) from Customers on behalf of Experts and SupportSpace is not a party to any relationship or separate agreement entered into between Customers and Experts and disclaims any and all liability relating thereto. Experts are not employees, agents or contractors of SupportSpace.
SUPPORTSPACE MAY, IN ITS SOLE DISCRETION, REFUSE TO PROVIDE THE SITE AND SUPPORTSPACE SERVICES TO YOU FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, WHEN YOUR TECHNICAL NEEDS ARE UNUSUAL OR BEYOND THE SCOPE OF WHAT IS INTENDED BY SUPPORTSPACE AS DETERMINED BY SUPPORTSPACE IN ITS SOLE DISCRETION.

Desktop Sharing Services
An Expert may request that a desktop sharing session be initiated in order to provide Expert Services to you. To engage in a desktop sharing session you will have to: (i) download and install the SupportSpace desktop sharing software application (“SupportSpace Software”) subject to the terms and conditions of the SupportSpace Software License Agreement; and (ii) provide the Expert access to your computer using the SupportSpace Software. You must agree to allow access to your computer to enable the Expert to provide you Expert Services. If you do not, the Expert will not be able to provide you with the Expert Service in question.
THE SUPPORTSPACE SOFTWARE IS NOT SPYWARE, ADWARE OR MALWARE. IF YOU DOWNLOAD, INSTALL OR USE THE SUPPORTSPACE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT THE OPERATION OF THE SUPPORTSPACE SOFTWARE IS WITH YOUR FULL CONSENT AND KNOWLEDGE THEREOF, SOLELY TO PARTAKE OF AND ENJOY THE EXPERT SERVICES REQUESTED BY YOU.

In-Home Visits
After an initial e-Support service session with an Expert, you and an Expert may agree to have an in-home visit to address your service needs. For in-home visits, an Adult must be present during the entire period Expert Services are provided. If an Adult is not present when the Expert arrives to the designated address, the provision of Expert Services may be denied and a cancellation fee may apply. Please see the relevant Expert’s listing for the amount of this cancellation fee.

Minimum System Requirements for Expert Services
To partake of Expert Services you must have a validly licensed and working personal computer meeting the minimum requirements described below.
- Windows 98 operating system or newer;
- Internet Explorer version 6 or higher;
- All peripherals must be in good working condition and spyware free.

SupportSpace Accounts and Use of the Site

When you register with SupportSpace and set up your account, you must:

(i)

provide SupportSpace with accurate and complete information, including without limitation, your name, address, telephone number, a valid credit card number and any other necessary account information; and

(ii)

update your account information with any new information within thirty (30) days of changes to such information. Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. We encourage you to read our Privacy Policy at www.supportspace.com/support/legal.s2 for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Customers.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your SupportSpace account, whether or not you have authorized such activities or actions. You agree to notify SupportSpace of any unauthorized use of your SupportSpace account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify SupportSpace immediately so that a new username or password can be created. Please also use the “password reminder” process made available at the log-in page.

You agree that you will not permit, enable, introduce or facilitate

(i)	persons who do not have a SupportSpace account to have access to or use of the Expert Services; and
(ii)	other Customers to use a specific Expert Service through your SupportSpace account, including at the same time that you are doing so.

Transaction Fees and Billing

SupportSpaceï¿½s Payment Policy is available on the Site, and is incorporated into this Agreement by reference. http://www.supportspace.com/support/legal.s2#5

Termination or Suspension of the Site & Modification of the this Agreement

SupportSpace reserves the right, in its sole discretion to modify, discontinue or terminate the Site or service or to modify or terminate this Agreement at any time without advance notice. If we modify this Agreement (or any policies incorporated herein) we will give you notice of the new terms. If any modification to the Site, services or this Agreement is not acceptable to you, your only recourse is to cease using the Site and any Expert Services. Your use of the Site or any Expert Services after we have provided such notice will represent your acceptance of the new terms .

Without limiting other remedies, SupportSpace may at any time suspend or terminate your SupportSpace account and refuse to provide access to the Site or Expert Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by SupportSpace. In addition, SupportSpace may notify your bank and/or authorities or take any actions it deems appropriate without notice to you:

(i)	if SupportSpace suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by SupportSpace;
(ii)	if SupportSpace is unable to verify or authenticate any billing or payment information you provide to SupportSpace; or
(iii)	if SupportSpace suspects that your actions may be illegal or cause liability, harm or disruption for you, Experts, SupportSpace, other Customers, the Site or any other third parties.

You may cancel your SupportSpace account at anytime for any reason. To request a cancellation, please fill out our Feedback Form and choose "Close my account" as your "type of feedback" per the instructions on the form. Any account cancellation request will be handled within fifteen (15) days of receipt of such a request by SupportSpace. Upon termination or cancellation of an account, your right to use such account and any Expert Services ceases immediately.

Any suspension, termination or cancellation will not affect your obligation to pay any amounts that are due to Experts or any of your other obligations to SupportSpace under this Agreement . The following provisions will survive any termination of this Agreement or suspension or cancellation of your account: 2, 5(d), 8(b), 9 through 13, 15, 16 and 18.

Interaction with Experts and Use of Expert Services

Although the Expert listings may contain verified credentials, the verification services are provided to SupportSpace by third parties and SupportSpace does not refer, endorse, recommend, or guarantee any Expert Services provided by Experts, any specific Expert or any Expert’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by SupportSpace. SupportSpace acts as a technology service that facilitates the sharing of technical support services between Experts and Customers and does not make editorial or managerial decisions concerning an Expert’s listing, nor will SupportSpace be held responsible for any Expert’s failure to comply with laws or regulations concerning the content of their listings. SupportSpace is not responsible for the use or exchange of any information, files or goods between Experts and Customers. Further, SupportSpace does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Experts or Customers, including without limitation, any information contained in Expert listings, the Expert Services provided, comments made by Customers or other information made available through the Site. SupportSpace assumes no responsibility for monitoring any Customer feedback or otherwise policing its users in any way.

You are solely responsible for your interactions with Experts and will exercise caution, discretion, common sense and judgment in, using the Site or Expert Services and disclosing personal information to Experts and SupportSpace. You agree to take reasonable precautions in all interactions with Experts, particularly if you decide to meet with an Expert in person. Your use of the Site and Expert Services is at your sole risk and discretion and SupportSpace hereby disclaims any and all liability to you or any third party relating thereto.

SupportSpace reserves the right to review and/or record e-Support exchanges and communications, in accordance with applicable law, in order to evaluate compliance with this Agreement . If you ever believe that another Customer or Expert has violated the law or is defrauding, threatening or endangering anyone, SupportSpace urges you to immediately contact the police directly for help.

Additional Customer Obligations
The Site and Expert Services may only be used and accessed for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Site and use of Expert Services. In addition, without limitation, you agree to comply with the following:

You are solely responsible for all equipment necessary to access and use the Site and Expert Services. You understand and agree that prior to your use of any Expert Services it is your responsibility to back-up the data, software, information or other files stored on your computer, its disks and drives. SupportSpace will not be responsible under any circumstances for any loss or corruption of data and software.

You will not record or otherwise store any Expert Service sessions that you receive through the Site or those that are related to your SupportSpace account. SupportSpace and or the Experts may however record these sessions, in compliance with applicable law.

You will not use the Site or Expert Services to upload, post, email or otherwise transmit any materials or content that contain software viruses or any other computer code, files or programs designed to

(i)	interrupt, destroy or limit the functionality of any computer software; or
(ii)	interfere with the access of any Customer, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.

You will not use the Site or Expert Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of SupportSpace and you will cooperate fully with SupportSpace to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized SupportSpace representatives access to any password-protected portions of your SupportSpace account.

Except for in-home visits you will conduct all for-fee communications that you have with Experts only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.

You will not create obscene, offensive, tasteless, defamatory or hateful screen names, or use such obscene, offensive, tasteless, defamatory or hateful content on the Site or in connection with your use of Expert Services.

You will not use the Site or Expert Services in any manner that harasses an Expert or another Customer or could interfere with any other party’s use or enjoyment of the Site and Expert Services. You will respect the privacy of others and not use the Site or Expert Services for unwelcome, rude or abusive communications or in any other manner as determined by SupportSpace in its sole discretion.

You will not attempt to gain unauthorized access to any SupportSpace account information, computer systems or networks associated with the Site. You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.

You will not "frame," "mirror" or otherwise copy any portion of the Site.

You will not use the Site or Expert Services to promote or provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly” or “make money surfing the Web”). You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

You will not use the Site or Expert Services to transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitation for employees, consultants, or contractors for participation on other websites.

You will not take any actions which may undermine the Customer comment system used to solicit feedback and comments from Customers, including, without limitation, using secondary Customer names or third parties or leaving negative comments if an Expert fails to perform some action that is outside the scope of the services described in his or her Expert listing, or for another untruthful or malicious reason.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or SupportSpace services.

You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and SupportSpace policies.

Customer Comments & Feedback

Customer Comments
At the end of each session with an Expert, you have the opportunity to leave feedback and make comments about your experience with the Experts with whom you have interacted (“Customer Comments”) by filling out the customer comment form provided to you at the end of a session. SupportSpace advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. SupportSpace does not monitor or censor comments that are provided by Customers and disclaims any and all liability relating thereto. Notwithstanding the foregoing, SupportSpace does reserve the right, in its sole discretion, to remove any Customer Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement .

Feedback
We invite you to provide SupportSpace with feedback, comments and suggestions for improvements to the Site and Expert Services (collectively, “Feedback”). You may submit Feedback by filing out a feedback form made available on the Site. You acknowledge and agree that all Customer Comments and all Feedback will be the sole and exclusive property of SupportSpace. You hereby assign to SupportSpace and agree to assign to SupportSpace all of your right, title and interest in and to all Customer Comments and Feedback, including all intellectual property rights therein. At SupportSpace’s request and expense, you will execute documents and take such further acts as SupportSpace may reasonably request to assist SupportSpace to acquire, perfect and maintain its intellectual property rights and other legal protections for the Customer Comments and Feedback.

Proprietary Rights and Ownership
SupportSpace and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, SupportSpace technology and the trademarks, service marks and logos contained therein (“SupportSpace Properties”). SupportSpace reserves all rights in the SupportSpace Properties not expressly granted to you in this Agreement .

SupportSpace and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, SupportSpace will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by SupportSpace. SupportSpace may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: SupportSpace, Inc.
Contact us using our Feedback Form.

Confidentiality
“Confidential Information” means:

Any Feedback that you provide to SupportSpace; and

Any SupportSpace business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to Support Space’s plans, business opportunities or research and development. Confidential Information excludes any information that:

(i)	is or becomes generally known to the public other than as a result of your breach of this Agreement e;
(ii)	is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
(iii)	is independently developed by you, without access to or use of any Confidential Information; or
(iv)	is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure. You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement .

10.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SUPPORTSPACE, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR EXPERT SERVICES, (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF SUPPORTSPACE) INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, SUPPORTSPACE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

11.

Warranties and Disclaimer
AS BETWEEN YOU AND SUPPORTSPACE, THE SITE AND ANY EXPERT SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SUPPORTSPACE AND SUPPLIERS TO SUPPORTSPACE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, EXPERT SERVICES AND ALL COMMUNICATIONS BETWEEN EXPERTS AND CUSTOMERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SupportSpace makes no representation or warranty that the Site will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

12.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SUPPORTSPACE OR SUPPLIERS TO SUPPORTSPACE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCTS OR INJURY OR DAMAGES RESULTING FROM USE OF THE EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, IF YOU CHOOSE TO MEET WITH AN EXPERT IN PERSON, WHETHER OR NOT SUPPORTSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPORTSPACE AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND EXPERT SERVICES PROVIDED TO YOU WILL NOT EXCEED THE TOTAL FEES ACTUALLY COLLECTED FROM YOU BY SUPPORTSPACE UNDER THIS AGREEMENT (AFTER PAYMENTS TO EXPERTS AND OTHER THIRD PARTIES) IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SUPPORTSPACE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

13.

Copyrighted Materials: No Unauthorized Use
You will not use the Site or Expert Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SupportSpace has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the SupportSpace Copyright Policy for further information.

14.

Force Majeure
SupportSpace will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the SupportSpace infrastructure or connectivity to the Internet or failure at a SupportSpace co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, SupportSpace will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

15.

Notice; Consent to Electronic Notice
You consent to the use of:

Electronic means to complete this Agreement, to use the Site and Expert Services and to deliver to you any notices pursuant to this Agreement, and

Electronic records to store information related to this Agreement or your use of the Site and Expert Services.

Any notice or other communication to be given hereunder will be in writing and given:

By SupportSpace via email (in each case to the address that you provide).

By SupportSpace via a posting on the Site or

By you via our Feedback Form or to addresses as SupportSpace may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site and Expert Services by sending a written request to SupportSpace using the Feedback Form.

16.

Links to other Websites
The Site may provide links to websites other than SupportSpace. Such links are provided for reference only, and SupportSpace neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

17..

Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of SupportSpace and any prohibited assignment will be null and void. SupportSpace may assign this Agreement or any rights hereunder without your consent. The relationship of the parties under this Agreement is that of independent contractors, and this Agreement will not be construed to imply that either party is the agent, employee, or joint venturer of the other. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and SupportSpace’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SupportSpace. This Agreement together with the rules and policies of SupportSpace constitutes the entire agreement between SupportSpace and you with respect to the subject matter hereof.

Last Modified: November 7, 2007

Member Service Agreement

Welcome to SupportSpace!

SupportSpace, Inc. (“SupportSpace”, “we” or “us”) provides the SupportSpace website (the “Site”) through which technical support experts and enthusiasts can join an online community to share information, teach others, and expand your and their knowledge bases regarding technical support (“Support Services”). In addition, as a certified SupportSpace Expert, (defined below), you will be able to provide Expert Services (defined below) to SupportSpace Customers (defined below). Please read the following terms and conditions carefully. This Member Service Agreement (“Agreement”) is a legal agreement between you and SupportSpace and applies to you whether you are a certified Expert or a non-certified user who is a registered member of SupportSpace but has not been certified as an Expert (“Non-Certified Users”) (collectively, “SupportSpace Members”). An individual who has gone though our application process and been certified as an expert by SupportSpace is a SupportSpace certified “Expert”.

As an Expert, your provision of Expert Services is governed by the policies, terms and conditions below. As an Expert you will be able to create listings and provide Expert Services to those persons who contact you and partake of your services via the Site or in home visits (“Customers”).
For convenience, we refer to any desktop sharing session or other communications you have via the Internet or telephone with Customers as
“e-Support” and we refer to any technical support services you may provide to Customers, including e-Support and your listings on the Site as “Expert Services.”

This Agreement limits SupportSpace’s liability and obligations to you and allows SupportSpace to change, suspend or terminate your access to and use of the Site and your SupportSpace account. We urge you to carefully read the terms and conditions of this Agreement and all policies referenced herein or elsewhere on the Site which are incorporated herein by reference and form part of this Agreement.

YOU UNDERSTAND THAT BY CLICKING THE “AGREE & JOIN” BUTTON, BY USING THE SITE (INCLUDING ANY CONTENT PROVIDED THEREIN), SUPPORT SERVICES OR YOUR SUPPORTSPACE ACCOUNT, BY HAVING ANY FORM OF COMMUNICATION WITH A CUSTOMER OR BY POSTING ANY LISTINGS ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SUPPORT SERVICES OR PROVIDE EXPERT SERVICES.

Limitations on Service
To be a SupportSpace Member, use the Site and have a SupportSpace account you must be at least 18 years old. SupportSpace acts only as an interface to facilitate communications between Experts and Customers and collect payments from Customers on behalf of Experts and SupportSpace is not a party to any relationship or separate agreement entered into between Customers and Experts and disclaims any and all liability relating thereto. Members are not employees, agents or contractors of SupportSpace. The Site and access to a SupportSpace account are not available to temporarily or indefinitely suspended Members.

SupportSpace Accounts and Use of the Site

When you register with SupportSpace and set up your account, you must:

(i)	provide SupportSpace with accurate and complete information, including without limitation, your name, address, telephone number, a valid credit card number and any other necessary account information; and
(ii)	update your account information with any new information within thirty (30) days of changes to such information.

Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. We encourage you to read our Privacy Policy www.supportspace.com/support/legal.s2 for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from SupportSpace Members.

You agree that:

(i)	you will not permit, enable, introduce or facilitate persons who do not have a SupportSpace account to have access to or use of the Site and
(ii)	if you are an Expert you will not permit, enable, introduce or facilitate other persons to participate in providing Expert Services from your SupportSpace account.

Transaction Fees and Billing

SupportSpaceï¿½s Payment Policy is available on the Site, and is incorporated into this Agreement by reference. http://www.supportspace.com/support/legal.s2#5

Termination or Suspension of the Site & Modification of the Agreement

SupportSpace reserves the right in its sole discretion to modify, discontinue or terminate the Site or Support Services or to modify or terminate this Agreement at any time without advance notice If we modify the terms of this Agreement (or any policies incorporated herein) we will provide Experts with at least fourteen (14) days notice of the new terms by emailing Experts. If any modification is not acceptable to you, your only recourse is to cease using the Site, Support Services and/or providing Expert Services. Your use of the Site, Support Services and/ or providing any Expert Services after we have provided such notice will represent your acceptance of the new terms.

Without limiting other remedies, SupportSpace may at any time suspend or terminate your SupportSpace account and refuse to provide access to the Site or Support Services and suspend your ability to provide Expert Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by SupportSpace. In addition, SupportSpace may notify authorities or take any actions it deems appropriate without notice to you:

(i)

if SupportSpace suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by SupportSpace; or

(ii)

if SupportSpace suspects that your actions may be illegal or cause liability, harm or disruption for you, Customers, SupportSpace, other SupportSpace Members, the Site or any other third parties. In the event that SupportSpace discontinues the Site or your access to the Site and ability to provide Expert Services, if SupportSpace owes you any fees, subject to the terms of this Agreement, such fees will be remitted to you by SupportSpace.

Interaction with SupportSpace Members
SupportSpace provides the Site and Support Services as a medium for SupportSpace Members to network, share information and discuss technical support. You are solely responsible for your interactions (including any disputes) with other SupportSpace Members. You understand that SupportSpace does not in any way screen SupportSpace Members or review or police statements made by SupportSpace Members in their Member Submissions (defined below), or the Member Submissions in general. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Support Services and disclosing personal information to other SupportSpace Members. You agree to take reasonable precautions in all interactions with other SupportSpace Members, particularly if you decide to meet a SupportSpace Member offline or in person. Without limiting the terms of Section 14 below, your use of the Site, Support Services, SupportSpace Content and Member Submissions is at your sole risk and discretion and SupportSpace hereby disclaims any and all liability to you or any third party relating thereto.

Additional Obligations for all SupportSpace Members
The Site and Support Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Support Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Support Services:

Upload, post, submit or otherwise transmit:

(i)	any Member Submission to which you do not have the lawful right to use, copy, distribute, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission);
(ii)	any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission is necessary; or
(iii)	any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

Upload, post, submit or otherwise transmit, via the Site or Support Services, any Member Submissions (including screen names) that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitute hate speech or are otherwise objectionable in the opinion of SupportSpace.

Upload, post, submit or otherwise transmit, via the Site or Support Services "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitations for employees, consultants, or contractors for participation on other websites.

Circumvent, disable or otherwise interfere with security related features of the Site, or features that prevent or restrict use or copying of any SupportSpace Content.

Use any meta tags or other hidden text or metadata utilizing a SupportSpace name, trademark, URL or product name.

Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Support Services to send altered, deceptive or false source-identifying information.

Upload, post, submit or otherwise transmit any Member Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software, or (ii) interfere with the access of any SupportSpace Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.

Upload, post, submit or otherwise transmit any Member Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Member Submissions that is unrelated to the immediate, aesthetic nature of the Member Submissions.

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud.

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of SupportSpace’s providers, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

Attempt to probe, scan or test the vulnerability of any SupportSpace system network, or breach or impair or circumvent any security or authentication measures protecting the Site or Support Services; attempt to gain unauthorized access to any SupportSpace account information, computer systems or networks associated with the Site; or attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Support Services.

Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by SupportSpace or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks.

Use the Site or Support Services to provide or promote any product or services, to provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly” or “make money surfing the Web”) or use the Site or Support Services to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

Collect or store personal data about other SupportSpace Members without their express permission.

Use the Site or Support Services in any manner not permitted by this Agreement.

Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.

Only for Experts: Interactions with Customers and Provision of Expert Services
As an Expert you acknowledge and agree to the following:

Although your Expert listings may contain verified credentials, the verification services are provided to SupportSpace by third parties and SupportSpace does not refer, endorse, recommend or guarantee any technical support services provided by Experts, any specific Expert or any Expert’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by SupportSpace. SupportSpace acts as a technology service that facilitates the sharing of technical support services between Experts and Customers and does not make editorial or managerial decisions concerning an Expert’s listing, nor will SupportSpace be held responsible for any Expert’s failure to comply with laws or regulations concerning the content of their listings. Without limiting the terms of Section 14 below, SupportSpace is not responsible for the use or exchange of any information, files or goods between Experts and Customers. Further, SupportSpace does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Experts or Customers, including, without limitation, any information contained in Expert listings, the Expert Services provided, comments made by Customers or other information made available through the Site. SupportSpace assumes no responsibility for monitoring any Customer comments or otherwise policing its users in any way.

You are solely responsible for your interactions with Customers. You understand that SupportSpace does not in any way screen Customers. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing Expert Services and disclosing personal information to Customers. You agree to take reasonable precautions in all interactions with Customers particularly if you decide to provide Expert Services through an in-home visit with a Customer. Without limiting the terms of Section 14 below, your use of the Site and provision of Expert Services is at your sole risk and discretion.

SupportSpace reserves the right to contact Experts and Customers and review and/or record e-Support exchanges and communications, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a Customer or another Expert has violated the law or is defrauding, threatening or endangering anyone, SupportSpace urges you to immediately contact the police directly for help.

You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of Expert Services.

You will not engage in any of the activities prohibited in Sections 7(a) through (q) above in your provision of Expert Services.

Except for in-home visits you will conduct all for-fee communications that you have with Customers only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise.

You are solely responsible for the content of the communications, assistance and advice that you provide as part of the Expert Services and the content in listings created under your SupportSpace account.

You are solely responsible for all equipment necessary to access and use the Site and to provide Expert Services.

Except for pre-recorded Expert Service sessions that you decide to offer for a fee via the Site, you will not record or otherwise store any Expert Service sessions that you provide through the Site or those that are related to your SupportSpace account.

You will not use the Site or provide Expert Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of SupportSpace and you will cooperate fully with SupportSpace to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized SupportSpace representatives access to any password-protected portions of your SupportSpace account.

You will not use the Site or provide Expert Services in any manner that harasses a Customer or another Expert or could interfere with any other party’s use or enjoyment of the Site or Expert Services. You will respect the privacy of others and not use the Site or Expert Services for unwelcome, rude or abusive communications or in any other manner as determined by SupportSpace in its sole discretion.

You will not take any actions which may undermine the Customer comment system used to solicit feedback or comments from Customers, including, without limitation, leaving positive comments for yourself or other Experts using secondary names or creating fake accounts to do any of the foregoing.

You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and SupportSpace policies.

Expert Comments & Feedback

Expert Comments
At the end of each session with a Customer, you have the opportunity to leave feedback and make comments about your experience with the Customer with whom you have interacted (“Expert Comments”) by filling out the Expert comment form provided to you at the end of a session. SupportSpace advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. SupportSpace does not monitor or censor comments that are provided by Experts and disclaims any and all liability relating thereto. Notwithstanding the foregoing, SupportSpace does reserve the right, in its sole discretion, to remove any Expert Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement.

Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and SupportSpace Services
(“Feedback”). You may submit Feedback by filling out a feedback form made available on the Site. You acknowledge and agree that all Expert Comments and all Feedback will be the sole and exclusive property of SupportSpace. You hereby assign and agree to assign all rights, title and interest you have in such Expert Comments and Feedback to SupportSpace together with all intellectual property rights therein. At SupportSpace’s request and expense, you will execute documents and take such further acts as SupportSpace may reasonably request to assist SupportSpace to acquire, perfect and maintain its intellectual property rights and other legal protections for the Expert Comments and Feedback.

Proprietary Rights and Ownership

Content

(i)

Certain types of content are made available through the Site. "SupportSpace Content" as used in this Agreement means, collectively, the text, data, graphics, images, SupportSpace Marks (defined below) and content made available through the Site, excluding Member Submissions. “Member Submissions” as used in this Agreement means, collectively, the text, data, communications, messages, graphics, images, photos, video files and other content and information which SupportSpace Members post, upload and otherwise submit to the Site, including, without limitation, in discussion groups, message boards and SupportSpace Member created profile pages. Member Submissions include Expert listings. SUPPORTSPACE reserves the right to remove and permanently delete any SUPPORTSPACE Content or Member Submissions from the Site without notice.

(ii)

You may access and use the Support Services, SupportSpace Content and Member Submissions for your own personal, non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, SupportSpace Content, Member Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, SupportSpace Content, or Member Submissions (other than your Member Submissions). SupportSpace and its licensors own all right, title and interest, including all worldwide intellectual property rights in the SupportSpace Marks, Site and SupportSpace Content contained therein, other than your Member Submissions.

Use by Experts of SupportSpace Marks
SupportSpace grants to each Expert the right to use SupportSpace trademarks, service marks or logos (“SupportSpace Marks”) in their Expert listings. Any such use by an Expert must correctly attribute ownership of such SupportSpace marks to SupportSpace and must be in accordance with applicable law and SupportSpace’s then-current trademark usage guidelines. Expert will not remove or obscure any SupportSpace Mark, and will not attach any additional third party trademarks, logos or trade designations on or to its Expert listings. Expert acknowledges and agrees that SupportSpace owns the SupportSpace Marks and that any and all goodwill and other proprietary rights that are created by or that result from Expert’s use of a SupportSpace Mark, or Expert’s association with SupportSpace, inure solely to the benefit of SupportSpace. Expert will at no time contest or aid in contesting the validity or ownership of any SupportSpace Mark or take any action in derogation of SupportSpace’s rights therein, including, without limitation, applying to register any trademark, trade name or other designation that is confusingly similar to any SupportSpace Mark.

Member Submissions

(i)	License Grant SupportSpace does not claim ownership rights in your Member Submissions. However, by uploading, posting, submitting or otherwise transmitting any Member Submission to SupportSpace or on the Site, you hereby grant to SupportSpace a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such Member Submissions in any form, medium or technology now known or later developed, including, without limitation, on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to SupportSpace. SupportSpace will own all right, title and interest in and to all derivative works and compilations of Member Submissions that are created by SupportSpace, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by SupportSpace to give to SupportSpace the full benefit of the rights granted to SupportSpace by you.
(ii)	Limitations You acknowledge and agree that SupportSpace may, at its option, establish limits concerning Member Submissions, including, without limitation, the maximum number of days that Member Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site and the maximum disk space that will be allotted to you for the storage of Member Submissions on SupportSpace’s servers. SupportSpace will have no responsibility or liability for and you are solely responsible for creating back-ups of your Member Submissions.
(iii)	Disclaimer SupportSpace does not have any obligation to monitor the Member Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Support Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Member Submissions or anything said, depicted or written by SupportSpace Members, including, without limitation, any information obtained by using the Site. SupportSpace does not endorse any Member Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SupportSpace with respect thereto.

GNU General Public License (GPL)

	SupportSpace and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, SupportSpace will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by SupportSpace. SupportSpace may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: SupportSpace, Inc. You may contact us using our Feedback Form.

10.

Confidentiality
“Confidential Information” means:

Any Feedback that you provide to SupportSpace; and

b.

c.

The terms of the Payment Policy

Any SupportSpace business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to SupportSpace’s plans, business opportunities or research and development. Confidential Information excludes any information that:

(i)	is or becomes generally known to the public other than as a result of your breach of this Agreement;
(ii)	is rightfully known to you at the time of disclosure without restrictions on use or disclosure;
(iii)	is independently developed by you, without access to or use of any Confidential Information; or
(iv)	is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure. You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement.

11.

Copyrighted Materials: No Unauthorized Use
You will not use the Site and Support Services or Expert Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SupportSpace has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the SupportSpace Copyright Policy for further information.

12.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SUPPORTSPACE, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS, REPRESENTATIVES AND CUSTOMERS HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO: (A) YOUR USE OF THE SITE, SUPPORT SERVICES, SUPPORTSPACE CONTENT OR MEMBER SUBMISSIONS, (B) YOUR VIOLATION OF THIS AGREEMENT; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (D) YOUR PROVISION OF EXPERT SERVICES (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF SUPPORTSPACE), INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, SUPPORTSPACE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. SUPPORTSPACE HAS THE RIGHT TO WITHHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER.

13.

Disclaimer
THE SITE, SUPPORT SERVICES, SUPPORTSPACE CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SUPPORTSPACE AND SUPPLIERS TO SUPPORTSPACE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SUPPORT SERVICES, SUPPORTSPACE CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF EXPERT SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT AND ALL COMMUNICATIONS MADE THROUGH THE SITE (INCLUDING THOSE COMMUNICATIONS BETWEEN EXPERTS AND CUSTOMERS AND SUPPORTSPACE MEMBERS) INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SupportSpace makes no representation or warranty that the Site will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

14.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SUPPORTSPACE OR SUPPLIERS TO SUPPORTSPACE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SUPPORT SERVICES, SUPPORTSPACE CONTENT AND MEMBER SUBMISSIONS OR PROVISION OF EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM VISITS IN PERSON WITH CUSTOMERS OR THE CONDUCT OF ANY SUPPORTSPACE USER ONLINE OR OFFLINE, WHETHER OR NOT SUPPORTSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPPORTSPACE AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED (A) IN THE CASE OF NON-CERTIFIED USERS $100; AND (B) IN THE CASE OF EXPERTS THE TOTAL FEES ACTUALLY EARNED BY SUPPORTSPACE FROM YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SUPPORTSPACE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SUPPORT SERVICES AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

15.

Force Majeure
SupportSpace will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the SupportSpace infrastructure or connectivity to the Internet or failure at a SupportSpace co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, SupportSpace will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

16.

Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.

17.

Notice; Consent to Electronic Notice
You consent to the use of:

Electronic means to complete this Agreement, to use the Site, Support Services and provide Expert Services and to deliver to you any notices pursuant to this Agreement, and

Electronic records to store information related to this Agreement or your use of the Site.

Any notice or other communication to be given hereunder will be in writing and given:

By SupportSpace via email (in each case to the address that you provide).

By SupportSpace via a posting on the Site or

By you via our Feedback Form or to addresses as SupportSpace may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site, Support Services or provision of Expert Services by sending a written request to SupportSpace using the Feedback Form.

18.

19..

Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of SupportSpace and any prohibited assignment will be null and void. SupportSpace may assign these Agreement or any rights hereunder without your consent. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and SupportSpace’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SupportSpace. This Agreement together with the rules and policies of SupportSpace and other Agreements incorporated herein by reference constitutes the entire agreement between SupportSpace and you with respect to the subject matter hereof.

Last Modified: November 7, 2007

Privacy Policy

SupportSpace provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.SupportSpace.com (this “Site”). This Privacy Policy applies only to information that you provide to us through this Site. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Customer Service Agreement and Member Service Agreement www.supportspace.com/support/legal.s2.
This Privacy Policy may be updated from time to time; each version will apply to information collected while it was in place. We will notify you of any material changes by posting the new Privacy Policy on the Site or emailing you if we deem it appropriate. You are advised to consult this policy regularly for any changes.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your accounts (together, the “Service”), to enable users to enjoy and easily navigate the Site, and to process your application to become an Expert if applicable.

Personally Identifiable Information

i	When you register with us through the Site to become a SupportSpace Customer, SupportSpace Member or begin the application process to become an Expert we will ask you for personally identifiable information. This refers to information about you that when on its own or in combination with other identifiers can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number(s), credit card or other billing information, email address, home and business postal addresses and Session Information (defined below). We use your Personal Information to provide the Service, initiate a potential Expert’s application process and administer your inquiries.
i	When a SupportSpace Customer and an Expert share a support session, we (or a third party services provider on our behalf) may record e-Support exchanges (including voice and other communications during desktop sharing sessions), telephone calls and the related billing information (“Session Information”).
i	We also collect the other information that you provide as part of registration and that which is related to the administration of Expert Services (e.g., without limitation zip code, the schools you attended (in the case of Experts) and individual preferences) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) to provide the Service, complete your transactions and administer your inquiries.
i	We may combine your Personal Information with Non-Identifying Information and aggregate it anonymously with information collected from other SupportSpace Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
i	We may also use your Personal Information to contact you with SupportSpace newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)

Log Data
When you visit the Site, whether as a SupportSpace Customer or SupportSpace Member or a websurfer just browsing (any of these, a “SupportSpace User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the website from which you are visiting, pages of our Site that you visit, the time spent on those pages, information you search for, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and may serve advertisements and other information appropriate to your interests.

Cookies
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by SupportSpace Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.

Emailing Via a SupportSpace Account
As part of the Service, SupportSpace Customers or Experts or Members may communicate with others through use of their accounts. Where SupportSpace Customers or Experts or Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from SupportSpace to those email addresses on their behalf. These email addresses will be stored in the address book the SupportSpace Customer or Expert or Member creates and will be used only for the purpose of sending the email communication to the addressee.

Phishing
Identity theft and the practice currently known as “phishing” are of great concern to SupportSpace. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

Information Sharing and Disclosure
Your Sharing of your Personal Information
There are various ways SupportSpace Users can make their Personal Information publicly available through the Site or ways in which they can supply such information to SupportSpace. Proving your Personal Information and any other data through the Site or to SupportSpace whether you are a SupportSpace Member or Customer is voluntary and should correlate with the degree of interaction you want to have with other SupportSpace Users and SupportSpace.

SupportSpace Members
If you register with us through the Site and submit your Personal Information to create a SupportSpace profile you will be sharing that information publicly on the Site and if you are certified as an Expert your profile will also be used to advertise your support services. Consequently, as a SupportSpace Member Customers and other users of the Site will be able to see the information you provide in your profile. In addition, when you apply to become an Expert the Personal Information and Non-Identifying Information you provide to initiate your application is shared with third party service providers to process your application and you consent to such sharing of your Personal and Non-Identifying Information (See “Service Providers,” below.)

Customers
When you as a Customer receive services from Experts, depending on the services you request, the Expert may have access to your Personal Information and Non-Identifying Information and in some cases your computer and whatever data is stored on your computer. For example, if you choose to receive technical support via a desktop sharing session you will be giving the Expert access to your computer over a network in addition to access to whatever documents, files and/or applications are accessible through your computer. You may also provide other diagnostic information to partake of an Expert’s services. Experts will only see your profile during a support session.

Aggregate Information and Non-Identifying Information
We may share aggregated anonymous information from the information we collect and Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes.

Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, application processing, background checking, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks for us or on our behalf and are obligated not to disclose or use it for any other purpose.We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. You consent to the sharing of your Personal Information with all such third party companies described herein.

Compliance with Laws and Law Enforcement
SupportSpace cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of SupportSpace or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.

Business Transfers
SupportSpace may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If SupportSpace becomes involved in a merger, acquisition, reorganization or any form of sale of some or all of its assets, we will provide notice to you before your Personal Information is transferred and becomes subject to a different privacy policy.

Changing or Deleting Your Information
All Customers and Members may review, update, correct or delete the Personal Information in their account profile by contacting us. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the record. See below for privacy contact information.

Security
SupportSpace is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with

(i)	the legitimate needs of law enforcement or
(ii)	any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, SupportSpace transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites
Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us via our Feedback Form. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contacting Us
If you have any questions about this Privacy Policy, please contact us via our Feedback Form.

Effective August 1st, 2007

Copyright Policy

SupportSpace respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, SupportSpace will respond expeditiously to claims of copyright infringement committed using the SupportSpace service that are reported to the SupportSpace Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the SupportSpace website (the ï¿½Siteï¿½) by completing the following DMCA Notice of Alleged Infringement and delivering it to the SupportSpace Designated Copyright Agent. Upon receipt of Notice as described below, SupportSpace will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the SupportSpace Customer or Expert account.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

i	“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
i	“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to SupportSpace’s Designated Copyright Agent:

Effective August 1st, 2007

Payment Policy

SupportSpace Payment Policy

This Payment Policy forms part of the SupportSpace Customer Service Agreement ("Customer Agreement") and the SupportSpace Member Service Agreement ("Member Agreement") and is incorporated by reference into both agreements. Capitalized terms not defined herein will have the meanings set forth in the Customer Agreement, Member Agreement and related policies.

For SupportSpace Customers

(a) Starting on January 20, 2008 and until further notice, the rate at which Customers will be charged for Expert Services with an Expert will be on a per minute or per session basis and such rate will be provided in the Expert's offer for that particular session. Unless otherwise stated in the Expert's offer, the fee amount that a Customer will be charged for the session will be presented at the beginning of the session after the Expert has had an opportunity do an assessment of the services required by the Customer. An Expert's assessment will be based on a number of variables including the Customer's description of the technology support problem and the time estimated by the Expert to address the problem. All rates charged by Experts are subject to change in that Expert's sole discretion and may not be the same if a Customer requests another session with an Expert. In the event that an Expert refers or forwards a Customer's case to another Expert, a Customer is only obligated to pay the fee amount finally accepted by the Customer.

(b) SupportSpace is collecting fees from you on behalf of the Expert and you hereby authorize SupportSpace to collect such fees immediately upon conclusion of each transaction by charging the credit card you provide to SupportSpace.
SupportSpace has no obligation to pass on any fees to Experts until SupportSpace has collected such fees in full from the Customer or Customer's credit card issuer or bank, as applicable. SupportSpace may institute a chargeback policy as it deems appropriate in the event that the Customer or Customer's bank does not honor a payment obligation or if SupportSpace questions its ability to collect funds.

(c) You authorize SupportSpace, directly or through third parties, to make any inquiries we consider necessary to validate your SupportSpace account information. This may include ordering a credit report or otherwise verifying the information you provide. In such event, you agree to provide SupportSpace with additional information that may be requested and you consent to SupportSpace's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information.

(d) Money Back Guarantee: If for any reason, a Customer is not satisfied with an Expert Services session, such Customer may submit a request to receive a full refund of the fees paid for an Expert Services session by sending us such a request. Refund requests must be received within five (5) days after the date the relevant Expert Services session was rendered. Subject to the sole discretion of SupportSpace, a refund may be credited back to the credit card the Customer used for payment for the Expert Services session, within fourteen (14) business days of receipt of the request. To request a refund, please fill out our Feedback Form and choose "Refund Request" as your "type of feedback" per the instructions on the form.

(e) Coupon Redemption: Certain restrictions apply to the redemption of any SupportSpace coupon. Please see the relevant coupon for details.

For Non-Certified Users

Non-Certified Users are not eligible for payment for providing any services to Customers via the SupportSpace Site or Services. SupportSpace will not provide payment for any session conducted by Non-Certified Users or any interactions by Non-Certified Users with Customers under any circumstances. Non-Certified Users are only eligible for payment by SupportSpace when they have been certified as "Experts". Non-Certified Users may interact with Customers only to get acquainted with the SupportSpace platform. In accordance with the Member Agreement, all sessions with Customers and Member activities are subject to inspection and review by SupportSpace.

For SupportSpace Experts

(a) Starting on January 20, 2008 and until further notice, if you are an Expert, you can set the rates for your Expert Services, which rates will be set forth in each Expert offer that you create. Experts may set their default rate and whether their services are available on a per minute or per session basis in their SupportSpace profile and may edit the amount of fees that will be charged to a Customer for the relevant Expert Services session at the beginning of each session. Once the Expert makes an offer to a Customer and the Customer accepts such offer, the rate at which the Customer will be charged cannot be changed for the relevant Expert Services session.

(b) SupportSpace Service Fee. You as an Expert hereby authorize SupportSpace to (i) collect fees for each Transaction from Customers on your behalf immediately upon conclusion of each Transaction and (ii) retain a portion of such fees ("SupportSpace Service Fee"). The current SupportSpace Service Fee is twenty five percent (25%) of the fee amount charged to a Customer for an Expert Services session. The SupportSpace Service Fee is subject to change by SupportSpace at any time. "Transaction" means any completed Expert Services session (including those delivered via the tools provided within the SupportSpace platform installation) for which a "Session Report" has been delivered to the Customer by the Expert. Under no circumstances will any payment be due to an Expert from SupportSpace where a Transaction has not occurred and the Customer has not paid for the relevant Expert Service session.

(b)(1) In the event that an Expert refers a case to another Expert before a Customer has accepted an Expert's offer, the last Expert to refer the case will receive a commission of ten percent (10%) of the total fee amount charged to the Customer less the SupportSpace Service Fee. The Expert that conducts the referred Transaction will be paid the total fee amount charged to the Customer less the SupportSpace Service Fee, and less the commission paid to the last Expert to refer the case.

(b)(2) In the event that an Expert forwards a case to another Expert after a Customer has accepted an Expert's offer from an Expert, the last Expert to forward the case will receive a commission of twenty percent (20%) of the total fee amount charged to the Customer less the SupportSpace Service Fee. The Expert that conducts the forwarded Transaction will be paid the total fee amount charged to the Customer less the SupportSpace Service Fee, and less the commission paid to the last Expert to forward the case.

For the purpose of clarity, where a case is referred or forwarded a commission is only paid to the last Expert to forward or refer a case prior to the ultimate execution of the Transaction by the receiving Expert.

(c) Subject to Section (g) below, SupportSpace will pass funds collected from Customers to Experts on a monthly basis for all fees collected from Customers for Expert Services rendered in the immediately preceding month less the SupportSpace Service Fee. If the amounts due to an Expert in any month are less than thirty dollars ($30) then SupportSpace may wait to pass the funds collected from Customer on to the Expert until the end of the month in which at least thirty dollars ($30) is due or at another time to be determined by SupportSpace in its sole discretion.

(d) The Customer will be asked to provide payment details to SupportSpace during the Expert Services session. It is strongly recommended that the Expert confirm with the Customer, via chat or phone, that these steps have been completed by the Customer. Please refer to the payment settlement status indicator available within the Expert's workspace.

(e) Payments due to Experts will be delivered by check to the billing address that the Expert provides in his or her SupportSpace profile. All monies provided to Experts by SupportSpace will be provided by SupportSpace in U.S. dollars. You are solely responsible for all costs incurred by you in using the Site and providing Expert Services and determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. SupportSpace will only pass funds on to the Expert when SupportSpace has actually collected payment from the applicable Customer. SupportSpace may institute a chargeback policy as it deems appropriate in the event that the Customer or Customer's bank does not honor a payment obligation or if SupportSpace questions its ability to collect funds.

(f) Money Back Guarantee: Where a Customer requests a refund for an Expert Services session and such request for a refund is granted in the sole discretion of SupportSpace, the Expert will not be paid for the relevant Expert Services session about which the Customer has complained. If a payment was already delivered to an Expert the amount will be deducted from the Expert's future earnings.

(g) Free Session Coupon Redemption: When a Free Session Coupon is redeemed by a Customer, Experts will not be paid for the Transaction and no fees will be due to the Expert other than in accordance with this Section. In the event that a Customer redeems a Free Session Coupon, SupportSpace will "sponsor" the relevant Expert Services session for the relevant Transaction and pay a twenty dollar and twenty five cents ($20.25) (USD) fee to the Expert for each Expert Services session where a Free Session Coupon is redeemed. The sponsored amount is subject to change by SupportSpace at any time.

Last Modified: February 25, 2008


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