CENTURYLINK™ PC SERVICES
TERMS OF SERVICE
Acceptance of Terms
NOTICE TO ALL USERS: BEFORE YOU CLICK THE “I AGREE” BUTTON: Please carefully read these Terms of Service relating to your purchase of CenturyLink™ PC Services ( “PC Services” or “Services”). These Terms of Service and the CenturyLink™ High-Speed Internet Subscriber Agreement (“Subscriber Agreement”), which you previously accepted, govern your use of the Services. The Subscriber Agreement may be found at qwest.centurylink.com/legal/highspeedinternetsubscriberagreement. These Terms of Service may also be found at http://www.centurylinkrc.com/pcservicesterms (referred to as the “Site”). If there is a conflict between the Subscriber Agreement and these Terms of Service, these Terms of Service will prevail for purposes of the PC Services only. CenturyLink shall have the right at any time to change or modify the Terms of Service or to impose new conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, the posting on the Site or by electronic mail. Your use of the Service after such notice will be your acceptance of such changes, modifications, additions or deletions. The Terms of Service do not alter in any way the terms or conditions of any other written or online agreement you may have with CenturyLink.
Your click on the “I Agree” button is an electronic signature and acknowledges: (1) you agree the Terms of Service, along with the Subscriber Agreement, contain the terms under which the Services are offered and provided to you; (2) you understand and agree to such terms (even if you don't read them); (3) you understand and agree to the prices, charges, and other terms and conditions quoted to you during the ordering process and on the Site, all of which are incorporated by reference; (4) you represent that you are at least 18 years of age; and (5) you give CenturyLink permission to perform the Services; and (6) you agree that your continued use of the Services after your initial acceptance of the Terms of Service will constitute acceptance of the then current Terms of Service. Federal and some state laws provide for certain disclosures, and the relevant language from the federal act can be viewed at qwest.centurylink.com/legal/electronicsignatures.html. You may provide yourself a paper copy of these Terms of Service by printing them from the Site. CenturyLink does not otherwise provide you with a paper copy. A standard connection to the Internet/World Wide Web, a device that sends and accepts standard e-mail, and a software program that permits you to display standard Internet Web sites are the only hardware/software that we know of that are needed to communicate with CenturyLink and access this information in electronic form. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, DO NOT CLICK THE “I AGREE” BUTTON, AND DO NOT USE THE SERVICE. NOTE: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.
These terms and conditions, together with the other terms and conditions referenced herein (collectively, the “Agreement”) are between Qwest Corporation, d/b/a CenturyLink QC, including its subsidiaries (“CenturyLink”) and the end user of the Service (“you” or “Customer”). You understand and agree that all references to CenturyLink herein and in the Terms of Service and Subscriber Agreement shall include all CenturyLink contractors, subcontractors, and agents.
Description of Service
Service is described on the CenturyLink @Ease™ Web site located at http://www.centurylink.com/ease. CenturyLink will use commercially reasonable efforts to perform the Services as described on the CenturyLink @Ease Web site. CenturyLink may provide certain portions of the Services via remote control session, online chat or e-mail. CenturyLink may set forth limits to the technology we support. Certain portions of the Services may have minimum system requirements. Certain Services may have minimum system requirements and CenturyLink does not guarantee all of your personal technology problems will be solved.
All or portions of the Service provided hereunder may be provided by a third-party provider, including but not limited to, the remote access to your computer as well as credit card processing. By accepting these Terms of Service, you consent to the provision of all or any portion of the Services by such third-party provider; and you understand and agree that payment may be collected from you through a third party credit card processor. You agree that the payment and credit card processing services, and any of your personally identifiable information required for payment and credit card processing services, may be transferred from such third party to CenturyLink at any time.
Customer Responsibilities and Representations
You represent and warrant that you are the account holder for these Services with CenturyLink, or an authorized user with authority to bind the account holder. You understand and agree that it is your responsibility to back-up the data, software, information or other files stored on your computer disk and or drives.
By agreeing to these Terms of Service, you expressly give CenturyLink permission to provide the requested Services.
Authorization to Remotely Access your Computer
You acknowledge that by your use of the Services you are authorizing CenturyLink to remotely access and control your computer for the purposes of computer diagnosis, service and repair. You understand and agree that during the delivery of PC Services, CenturyLink's systems may record our agent’s interactions with your computer for security, quality assurance and training.
In connection with delivering the Services, CenturyLink may need to download, run and/or use Software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these terms, you hereby grant CenturyLink the right to connect to your computer, download and use Software on your computer to gather system data, repair your computer, take remote control of your computer and change the settings on your computer while performing the Services. CenturyLink does not warrant the Services, and you agree that CenturyLink has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Services.
In some unique cases, problems related to spy ware, viruses, or software may require the deletion of data, reformatting, and re-installing the computer’s operating system. Performing these steps will erase all data and return the computer to its factory state. CenturyLink will use commercially reasonable efforts to resolve the problem without resorting to these measures. If this process is required to fix the problem, CenturyLink will advise you that the problem cannot be resolved, and you will have to seek outside support as it is out of the scope of the PC Services CenturyLink provides.
CENTURYLINK DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES AS PART OF THE PC SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY “CUSTOMER DATA”) AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE USING OR ACCESSING THE PC SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CENTURYLINK OR ITS AFFILIATES, SUBCONTRACTORS AND SUPPLIERS HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.
CENTURYLINK DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.
CenturyLink warrants that PC Service will be performed in a good and workmanlike manner for a period of five (5) days from initial performance of the Service (the “Warranty Period”). As your sole and exclusive remedy for any failure to meet this limited warranty, if you notify CenturyLink within the Warranty Period that the Service was not performed as specified in these Terms of Service, CenturyLink will re-perform the Service at no additional charge on the same PC(s) CenturyLink originally performed the Service on. The limited warranty set forth in this section applies only to the PC Services provided under these Terms of Service, and not to any other CenturyLink @Ease or CenturyLink High-Speed Internet services provided to you. The foregoing limited warranty does not cover any modifications to your PC(s), including any virus infection or re-infection that may occur following the performance of the Services. The foregoing limited warranty is in lieu of any other warranty or remedy relating to CenturyLink’s performance of the Services.
Disclaimer of Warranties
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY SECTION ABOVE, YOU UNDERSTAND AND AGREE THAT THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL ADVICE, CONTENT, AND SOFTWARE) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CENTURYLINK DOES NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. CENTURYLINK MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, CONTENT OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Use of Software and Tools
CenturyLink may need to download and/or run Software on your personal computer to help diagnose and resolve problems. CenturyLink uses several types of Software: the first type provides computer system information to CenturyLink which helps us diagnose and resolve problems, the second type allows CenturyLink to remotely control your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and help resolve problems. CenturyLink may also attempt to install Software associated with your CenturyLink High-Speed Internet Service. However in certain cases, Software installation, problem diagnosis and support may not be completed because of a pre-existing problem with your computer configuration that is beyond our control.
You acknowledge and agree that use of Software and tools accessed, downloaded or otherwise provided or made available with the Services are subject to the license agreements that may appear or be referenced when you access or download the Software. You may be required to accept the terms and conditions of the license agreements in order to download Software. You acknowledge and agree that we may download and install trial versions of Software that will expire and cease to function after a certain period of time (usually thirty days) unless you purchase a license to continue using such Software. You may use the Software only in connection with the Services and for no other purpose. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.
The Services may not always be available due to system maintenance or Internet service disruptions.
Use of the Services
Your use of the Services is only for personal and noncommercial purposes on your personal computer, and not for resale or transfer to others. You may not sell, lease or rent access to or use of the Services.
Modifications to the Services
We reserve the right, for any reason, in our sole discretion and without notice to you, to modify, terminate, change, suspend or discontinue any and all aspects of the Services, including Software, features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
While we use reasonable security measures to deliver the Services, you understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and in any event we cannot guarantee that any personal information you submit to us will be free from unauthorized intrusion.
Currently, the Services are only available to residential customers purchasing CenturyLink High-Speed Internet Service, who are located in CenturyLink’s In-Region, in-franchise territory. In-Region means the following states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. In-franchise means areas within the In-Region states where Qwest Corporation, d/b/a CenturyLink QC, holds the franchise as the incumbent local exchange carrier. Service is not available outside the United States. You agree to comply with all applicable laws and regulations, including without limitation, those of the United States Department of Commerce. You represent and warrant that you are not on the United States' prohibited party list and not located in or a national resident of any country on the United States' prohibited country list.
When contacting CenturyLink for help, you may be referred to a support agent who will request your permission to use "click to chat" help functionality. That functionality may involve processing of information through data centers that may be located in the United States or in other countries. If your information is processed through data centers in other countries, that information may be subject to less protective data protection laws than those of the United States.
CenturyLink respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The Services, and the Software provided with the Services, are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. CenturyLink or its subcontractors or suppliers are the copyright owners or licensees of the Services and Software, unless otherwise indicated. If you make use of the Services and Software, other than as expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the Services.
IN ADDITION TO THE INDEMNIFICATION PROVISIONS IN THE SUBSCRIBER AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD CENTURYLINK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBCONTRACTORS AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF THE PC SERVICES OR YOUR VIOLATION OF THESE TERMS OF SERVICE.