THESE TERMS AND CONDITIONS ("TERMS OF USE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF iYogi’S WEBSITE AND iYogi’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH iYogi. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE iYogi SERVICE.

"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND iYogi (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by iYogi in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the iYogi Portal (defined below), or obtain Services (defined below).

DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.

"Content"
Software, Materials, Services and other related information are collectively referred to as "Content."

"You" or "you"
"You" means you individually, any person, including any employer that you are acting on behalf of.

"iYogi"
Trademark "iYogi" is used by iYogi Inc. Â under an authorization from iYogi Technical Services Private Limited. All references to iYogi refer to iYogi Inc.

"iYogi Certified Technician/(s)"
"iYogi Certified Technician means" technicians and specialists certified by iYogi to perform the Services under this Agreement.

"Subscription Based Plans"
"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by iYogi that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.

"Services" AND "iYogi Portal"
All references to "Services" refer to any iYogi service delivered through iYogi Technical Services Private Limited, under the plan that you enter into with iYogi through use of the iYogi Website located at www.iyogi.net (the "iYogi Portal") or by calling the iYogi phone number mentioned on the iYogi Website. These Terms of Use govern all plans available through the iYogi Website, and any use of the iYogi Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services ("Plan Order").

"Materials"
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the iYogi Portal are the proprietary and copyrighted work of iYogi and/or its suppliers. The definition of "Materials" does not include the design or layout of the iYogi.net web site or any other iYogi owned, operated, licensed or controlled website.

"Software"
"Software" means a computer program of any kind, whether owned by iYogi or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both iYogi Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").

SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the iYogi Portal or by calling iYogi. Once iYogi accepts the Plan Order submitted by you, then you will receive an email from iYogi at the email address that you provide or have provided to iYogi as part of the Registration Process for the Services.iYogi is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by iYogi of a Plan Order, you will have a Service Plan.

UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Service Plan, iYogi will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, iYogi will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to iYogi’S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1- 800-237-3901. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by iYogi on behalf of iYogi Technical Services Private Limited. iYogi has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

You understand that certain Service Plans may have fee including, but not limited to "Service Fee" and/or "Activation Fee" payable either on an annual basis ("Annual Payment Plan") or on a monthly basis ("Recurring Payment Plan"). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, You shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one, two or three years ("Term Plan").  All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other iYogi services ("Bundle Discount"). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the iYogi services you were required to purchase to receive the special rate as notified to iYogi; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.

Credit Card Billing. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize iYogi to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize iYogi and/or any other company who bills products or services, or acts as billing agent for iYogi to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide iYogi with updated credit card information upon iYogi’S request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither iYogi nor any iYogi affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at iYogi’S option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional $15.00.

RENEWAL POLICY
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by You ("Auto Renewal"). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan.
Your credit card will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with iYogi.

If you would like to opt out of the Auto Renewal, please call us at 1-866-914-9049 and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service.

REFUND POLICY
For subscription based plans, a full refund will be issued if iYogi has not been able to resolve even a single issue for you within the first 15 days of the subscription.
If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this iYogi may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:

• You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active.
• The issue is out of scope for the particular plan
• 15 days have not passed after the issue was last worked upon by an iYogi technician

PRIVACY POLICY
The iYogi Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference (http://www.iyogi.net/privacy-policy.html). If you have not yet reviewed the iYogi Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to iYogi over the telephone, electronically or otherwise, is not confidential or proprietary to you.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the iYogi Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any iYogi server, or the network(s) connected to any iYogi server, or interfere with any other party's use and enjoyment of any of the iYogi Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any iYogi Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any iYogi server or to any of the iYogi Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any iYogi Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:
Though iYogi has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to iYogi’S "fair use" policy. Under this policy, if at any time, in iYogi’S sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then iYogi reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, iYogi reserves the right to suspend or terminate any Subscription Services of any Subscriber that iYogi, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to iYogi; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES
iYogi may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with iYogi’S employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading iYogi or others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

iYogi has no obligation to monitor the Communication Services. However, iYogi reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. iYogi reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
iYogi reserves the right at all times to disclose any information as iYogi deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iYogi' s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

LINKING
You may not create hyperlinks to any portion of the IYogi Portal, nor any Materials or Software posted therein.

INDEMNITY
You agree to indemnify, defend, and hold iYogi, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of your account of any intellectual property or other right of iYogi or any other third party. You will cooperate as fully as reasonably required in iYogi’S defense of any claim. iYogi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of iYogi. You agree immediately to notify iYogi of any unauthorized use of your account or any other breach of security known to you.

GUESTS; LIMITED LICENSE TO USE OF iYogi PORTAL
If you are not currently subscribed for a Service, then you are regarded as a "Guest". Usage of the iYogi Portal by current iYogi customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".
As a Guest you may use the iYogi Portal and Materials specifically designated as available to guests on the iYogi Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by iYogi, (b) registering with iYogi and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

LIMITED LICENSES TO USE THE iYogi PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software posted on the iYogi Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS
Any other use of the iYogi Portal, Services, Materials or Software, other than as explicitly permitted by iYogi is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to iYogi and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

USER RESPONSIBILITY
In connection with obtaining Services, you agree that you will:

• Cooperate with the iYogi Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
• • The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
  • You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
  • The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with iYogi support personnel.
• Software/Data Backup: You understand and agree that iYogi shall under no circumstance be responsible for any lost or corrupted software or data. iYogi strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
• Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify iYogi immediately of any unauthorized use of your account or any other breach of security. iYogi will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by iYogi or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of iYogi’S reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in iYogi’S ability to schedule a support session. You hereby release iYogi from any and all liability, and agree that iYogi shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
iYogi or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:

• any item or activity not covered by the terms of a Plan Order;
• service beyond the duration limitations identified in your Plan Order;
• problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
• Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
• Problems that may and do result from:
• • External causes such as accident, abuse, misuse, or problems with electrical power;
  • Usage that is not in accordance with product instructions provided by manufacture;
  • Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
  • Problems caused by using accessories, parts, or components not compatible with the product.
  • Non Compliance with the iYogi technician instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE iYogi PORTAL, OR THROUGH A SERVICE
For your convenience, iYogi may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

No logo, graphic, sound or image from any iYogi Web site may be copied or retransmitted unless expressly permitted by iYogi.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by iYogi or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from iYogi or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR iYogi SOFTWARE
With regard to any Software made available to you by iYogi through the iYogi Portal for which your acceptance of a separate license agreement is not required ("iYogi Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by iYogi to use the iYogi Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the iYogi Software. You agree that the iYogi Software is the confidential and proprietary information of iYogi or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the iYogi Software, or otherwise reduce the iYogi Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the iYogi Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the iYogi Software. You acknowledge that this license is not a sale of intellectual property and that iYogi or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the iYogi Software and related documentation, as well as any corrections, updates and upgrades. The iYogi Software may be used only in the country of residence at the time of acceptance of these terms for use of the iYogi Software. Export of the iYogi Software is strictly prohibited.

THIRD PARTY PRODUCTS
As part of the Services, iYogi may suggest that you acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether iYogi assists you in the acquisition, installation, and/or use of Third Party Software. iYogi has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

Your license to the iYogi Software shall remain in full force and effect unless and until terminated by iYogi, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the iYogi Software and immediately delete the iYogi Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS
As part of the Services, iYogi may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that iYogi may elect to make available from time to time. Violation of such third party provider's terms of service may, in iYogi’S sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY
iYogi DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW iYogi TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

SOME OF THE iYogi SERVICE PLANS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PLANS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC SERVICE PLAN WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT

iYogi AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. iYogi AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. iYogi AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL iYogi AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall iYogi be liable to you in excess of the amounts actually paid by you to iYogi under the Plan Order that is the subject of the dispute. .

LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION
iYogi at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of iYogi: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, iYogi’S network, or the use and enjoyment of iYogi’S other users; (c) iYogi receives an order from a court to terminate the Service you are availing ; (d) if iYogi for any reason ceases to offer the Service; (e) if you are no longer a iYogi customer, or (f) iYogi determines that you are abusing the Service. iYogi, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. iYogi’S failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER
The iYogi Portal is available internationally and may contain references to iYogi products, services, and programs that are not available in a viewer's country. These references do not imply that iYogi intends to make such products, services, or programs available in such country.

MODIFICATION
iYogi reserves the right to amend the Terms and Condition, and the iYogi Portal at any time by (a) posting a revised version of the Terms and Conditions on the iYogi Portal (http://www.iyogi.net/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to iYogi in connection with registration. You are responsible for regularly reviewing the iYogi website to be notified of any amendments to the Terms and Conditions.

LAW; FORUM
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
If user has any questions about the privacy Policy at our Web site, user can e-mail user inquiries to feedback@iyogi.net

This privacy policy explains how iYogi Inc ("iYogi") collects, uses and discloses personal and other information iYogi receives in connection with the user support services we provide to user (the "Services") in accordance with the Terms of Use (http://www.iyogi.net/terms.html). When you submit information through our website, email, chat session, provide it to our technicians or, use the Services, you(the "user") agree to our use of this information consistent with this privacy policy.

We provide user support services to consumers using web-based tools and software as well as through telephone support of our users. These tools may include software that enables us to remotely access and control a user’s computer with their permission. We require certain information and permissions from you to provide the Services.

Some information we collect may be provided by the user directly such as when requested by a form or on the phone by a technician. Other technical information might be collected or accessed by or through our diagnostic and related tools as our computers work with yours to provide the Services.

Personal Information: We will ask you when we need information that personally identifies you ("personal information") or allows us to contact you. In order to use the Services, the user must first typically register or provide certain identifying information. For online registration, we ask you to provide contact details (such as First and Last name, E-mail address, Postal address, Personal identifier etc.). iYogi uses this information to contact you regarding the product and/or services you have requested. This includes re-registration/renewal notifications, special offers, and surveys on improving our Services.

Payment Information: If you register for the Services, iYogi may collect credit card information, and other payment information. Like many companies, iYogi may use third party payment processing, payment gateways transactions to process and verify credit cards on our behalf. iYogi uses payment information to complete your transactions.

Subscriber( User) Computer Information: We may also ask for information related to your (user) computer to provide the Service. As examples, this information may include:

• information about the date of purchase of your computer,
• type of computer
• identification number of your computer
• make and model of your computer and/or any computer hardware,
• software installed or peripherals attached to it,
• condition of the computer,
• system and registry data about software installations and hardware configurations, and
• error tracking files.

Generally, this information is required to provide personalized technical support to you, and to help us update our support tools and enhance our supported products lists.

Remote Access: While requesting support you may request for the problem to be resolved by enabling iYogi technicians to have access to and take control of your computer. iYogi uses software tools which enable you to grant control of your computer to an iYogi technician remotely over the Internet. This allows the iYogi technician to diagnose or correct problems without ever coming to the location of your computer.

iYogi does not use the Remote Access software to access and control your computer without your consent and we request that you remain present when our technicians are doing so.

iYogi technicians are trained in the use of this software and we take steps to limit access to confidential or sensitive information stored on user computer or network, avoid deliberate destruction of information on user computers or networks, and help avoid system problems. iYogi maintains specific internal policy and technical controls to limit how and whether our remote access tools may be used to assist you.

Diagnostic Tool: iYogi uses some online diagnostic tolls that may collect a wide variety of useful information about the state of a computer system and your applications. This information is communicated to Yogi using security technologies over the Internet. iYogi analyzes this information to help diagnose and solve end-user problems. The iYogi diagnostic application is not designed to collect sensitive information including information such websites visited, e-mail messages, e-mail addresses sent to, passwords, profiles, etc.

Use of the Remote Access and Diagnostic applications may be subject to the terms and conditions of the respective software license agreements.

Live Help Session Records: iYogi reserves the right to monitor and record on-line and off-line sessions between users and iYogi technicians for quality control and service-related purposes. Some uses of this type of information include improving the Service, building a support knowledge base and conducting internal market research. We do not correlate session record data used for these purposes with personal information.

Cookies: We may use cookies and similar technologies to provide you with more personal service on our website and as you interact with iYogi. Cookies are small pieces of information stored by your browser on your computer's hard drive or on your device. Cookies help us keep track of the preferences you specify. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that if you prefer not to store the information for future use. Each browser is different, so please check the help menu of your browser.

Log Files: We use IP addresses to analyze trends, administer the website, track user movement, and gather broad demographic information for aggregate use.

In order to protect iYogi from fraud and otherwise ensure the integrity of our services and manage risk we may supplement personal information we collect with information we may get from others. For example, in connection with determining creditworthiness, we may use your name and other related information to request a credit report as permitted by law.

We may share aggregated and de-identified information with our partners. This sharing is usually not linked to any personal information that can identify any individual person, unless specifically required to allow use of specific widgets within the Services.

We may also share, disclose, or transfer your personal information as follows:

• To iYogi affiliates and subsidiaries to support business operations and sales, marketing, and customer support processes;
• To third party service providers and suppliers acting on our behalf to provide products or services to you; and
• To other third parties for purposes you have allowed.

Additionally, we may also disclose your personal information as we determine reasonably necessary to (a) comply with applicable law, regulations, legal processes, or enforceable governmental requests, (b) respond as necessary to actual or potential lawsuits, or (c) protect the rights and property of iYogi or others.

We reserve the right to retain, use, and disclose aggregate or anonymous information developed from personal information at any time.

If we merge with, or are acquired by another company, or sell all or substantially all of our relevant assets, or file for bankruptcy, we may disclose and transfer personal information with the company or asset. We will seek appropriate protection for personal information disclosed or transferred in such transactions consistent with applicable law.

Because iYogi operates globally, we make information we gather available to our worldwide business units. If you are in the European Economic Area, please note that the personal information you provide will be transferred outside the European Economic Area for use by iYogi and its affiliates and subsidiaries for any of the purposes described in this privacy policy. By using the the iYogi website, using the Services, or otherwise providing us with your personal information, you consent to the transfer and processing of your personal information.

We use a variety of security technologies, as well as administrative, managerial, and physical safeguards, to help protect personal information and other data we receive from unauthorized access, use, or disclosure. No data transmissions, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot fully eliminate all security risks associated with personal information and technical mistakes are possible. Therefore, we do not ensure or warrant the security of any data or information you transmit to us and you do so at your own risk.

From time-to-time we may request information from users via surveys. Participation in these surveys is completely voluntary and users have a choice whether or not to participate. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of Services.

iYogi may offer contests, sweepstakes or other promotions. These promotions will be governed by applicable rules. Personal information collected through such promotions will be used as described at the time of collection.

Our Services are not intended for use by anyone under the age of 13. Consistent with the Children's Online Privacy Protection Act, we do not collect or maintain information at our website from or sell products to those we actually know are under the age of 13.

If a user's personal information changes (such as user zip code), or if a user no longer desires to use the Service. User may correct, update or remove user personal information provided to us through our website.

We reserve the right to change our privacy policy. Please check our website periodically for changes so that you are aware of our latest privacy practices. For changes that are materially less restrictive or protective of your personal information than the privacy policy in place at the time of collection, we will notify before implementing any such change.

If you have any questions about our privacy policy you may email questions or inquiries to feedback@iyogi.net or cpo@iyogi.com

iYogi is an independent provider of remote tech support services for software, hardware, and peripherals. We are unique because we have expertise in products from a wide variety of third-party companies. iYogi has no affiliation with any of these third-party companies unless such relationship is expressly specified. For permitted use and specific warranties associated with the software, hardware, and peripherals, please contact the relevant third party. iYogi is not responsible for third party Content provided on or through the Site and you bear all risks associated with the use of such third party Content, products and services. iYogi's support staff are iYogi Certified Technicians but do not necessarily hold any certifications from any third party unless expressly specified.

The trademarks iYogi, iYogi (stylized), GREAT TECH SUPPORT GOOD KARMA, the iYogi character and any combination of these marks are the trademarks and/or registered trademarks of iYogi Holdings Pvt Ltd and/or its subsidiaries and affiliates. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of iYogi and may not be copied, imitated, or used (in whole or in part) without iYogi’s prior written permission. All other trademarks, registered trademarks, company names, product names and brand names are the property of their respective owners, and iYogi disclaims any ownership in such third-party marks. The use of any third party trademarks, logos, or brand names is for informational purposes only, and does not imply an endorsement by iYogi or vice versa or that such trademark owner has authorized iYogi to promote its products or services.

The iYogi Portal, and all content provided on or through the site, are provided on an "as is" and "as available" basis, except where expressly provided otherwise. iYogi expressly disclaims all warranties of any kind to the fullest extent allowable by applicable law, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement, with respect to the iYogi Website and all content provided on or through the iYogi Website. iYogi makes no representations or warranties as to: (a) the iYogi Website or its Content will meet your requirements; (b) the accuracy, reliability or quality of the results that may be obtained from the use of the iYogi Website, its Content, or anything obtained by you on or through the iYogi Website or its Content will meet your expectations. iYogi makes no representations or warranties that the iYogi Website will be available on a, timely, continuous, secure or error-free basis. Any Content accessed, downloaded or otherwise obtained on or through the use of the site is used at your own discretion. iYogi shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.