1. Availability of Services

OBriens Computer Service telephone support services and online technical support services and products (collectively, the "Membership Services") are available only to one (1) registered user (each, a "Member") for the one (1) or more computer systems registered (each, a "Registered System") with OBriens Computer Service under the Basic Home Support, Pro Home Support, Pro Plus Support, or any Business Plan. Depot and Onsite Repair Services and Replacement Parts coverage are not available to members outside the Continental United States.

2. Supported Technology

The Membership Services include telephone support services and online technical support services for the following platforms, devices, operating systems, applications and other items listed here. As new computer technology becomes generally available, OBriens Computer Service will use its best efforts to support such technology also.

3. OBriens Computer Service Responsibilities

OBriens Computer Service will use its best efforts to resolve Members' basic computer technical problems for a Registered System. OBriens Computer Service will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Live and online response times may be delayed due to research and inquiries, as may be necessary. OBriens Computer Service live or online technical support does not assure that every request for technical support will be resolved to Member's satisfaction, and OBriens Computer Service responses constitute only technical advice or suggestions. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support. OBriens Computer Service  has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain any proprietary information necessary to resolve Member's technical problem.

4. Member's Responsibilities

Member is responsible for providing OBriens Computer Service with complete information concerning each Registered System, and to notify OBriens Computer Service by email in the event Member wishes to change a Registered System. Prior to seeking technical support, Member is solely responsible for adequate protection and backup of Member's data, software and/or hardware. Member shall not provide Member's password to any third person or permit its use by any third person. Member understands and acknowledges that neither OBriens Computer Service nor any of its third-party product or service providers shall be responsible for any lost data, re-run time, inaccurate output, or work delays resulting from any technical support services, other services, or products provided by OBriens Computer Service.

5.  Repair Services and Parts Replacement

Depot services under the Home Plan Plus will be provided by third party affiliates of OBriens Computer Service as long as the Member ships the Registered System at his/her own costs directly to OBriens Computer Service’s Depot Facility. OBriens Computer Service will pay shipping charges for the return of the Registered System. Additional charges for necessary replacement parts will apply subject to Member approval. Next day Onsite Repair Services provided under the Home Plan Premier may provided by or arranged by a third party affiliate of OBriens Computer Service. Next day service must be called in between the hours of 10:00 AM - 5:00 PM Central Standard Time to receive next business day service. OBriens Computer Service reserves the right to change third party service providers without notice to the Member. Replacement parts covered the Pro Plus Support Plan and the Pro Plus Business Plan shall be limited to certain available parts and price limits. Refer to the Supported Items page for details. Service provider makes no representation nor does it guaranty exact replacement parts. Member agrees that the repair service provider has the sole discretion to use new, refurbished, or reasonably comparable parts, if necessary. No depot or onsite repairs services, and no replacement parts are available for any laptop computers or handheld devices. No depot or onsite repair services, and no replacement parts are available for Macintosh systems.

6.   Optional Services

Optional onsite services for software, hardware, installations, training, and other support services outside the scope of the standard services are available on an hourly basis. Additional service charges will apply and will be quoted on a case-by-case basis. Direct billing will be handled by OBriens Computer Service.

7.  Third-Party Link and Content Disclaimer

Links contained in OBriens Computer Service’s website may cause a user to leave the OBriens Computer Service website. Such linked websites are not under the control of OBriens Computer Service and OBriens Computer Service is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. OBriens Computer Service  provides these links from the OBriens Computer Service website only as a convenience, and the inclusion of any link does not imply any endorsement by OBriens Computer Service of the website or any of its contents. All users use materials and information in third-party websites at their own risk.

8. OBriens Computer Service Privacy Policy; Third-Party Privacy Practices

All use of the Membership Services and the OBriens Computer Service website is subject to OBriens Computer Service Privacy Policy, which may be reviewed by clicking here. Though OBriens Computer Service promotes responsible privacy policies, OBriens Computer Service cannot control or be responsible for the privacy practices of third-party websites or service providers to which the OBriens Computer Service website contains links, or for the privacy practices of providers of software or other repair services or products that are available from the OBriens Computer Service website or membership plan.

9. Renewal and Cancellation

Each OBriens Computer Service membership will be automatically renewed for another annual membership term on the anniversary of Member's original enrollment date (the "Anniversary"), at the same annual fee and plan type, unless Member notifies OBriens Computer Service thirty (30) days prior to the Anniversary that Member elects not to renew the membership. Member must contact OBriens Computer Service Sales and Customer Service Center at (715) 743-3359 in order to notify Ask OBriens Computer Service  of the non-renewal, and must present the correct membership, credit card, and registration information for verification and authorization to cancel. Refunds will not be given for cancelled accounts.

10. Memberships Non-Transferable

OBriens Computer Service memberships, and all rights of Members to receive Membership Services, are non-transferable.

11. NO WARRANTIES

OBriens Computer Service MEMBERSHIP SERVICES, THE OBriens Computer Service WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE OBriens Computer Service WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY OBriens Computer Service AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OBriens Computer Service ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP SERVICES, THE OBriens Computer Service WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE OBriens Computer Service WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY OBriens Computer Service OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL OBriens Computer Service BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE MEMBERSHIP SERVICES, THE OBriens Computer Service WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE OBriens Computer Service WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY OBriens Computer Service OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Force Majeure

In the event OBriens Computer Service delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond OBriens Computer Service’s reasonable control, then OBriens Computer Service shall be excused from such delivery to the extent that it is delayed or prevented by such cause.

14. Modifications to Terms of Service

OBriens Computer Service reserves the right to amend the Terms of Service that govern use of the Membership Services and the OBriens Computer Service website at any time by (a) posting a revised version of the Terms of Service on the OBriens Computer Service (http://www.ocswi.com/tos.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address Member provides to OBriens Computer Service. Member is responsible for regularly reviewing the OBriens Computer Service website to be notified of any amendments to the Terms of Service. Member's continued use of the Membership Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Member shall be deemed acceptance by Member of the amended Terms of Service.

15. Fair Usage Policy; Suspension or Termination of Memberships

Though OBriens Computer Service has set no fixed upper limit on the amount of telephone or online support requests a Member may make annually, each Member's use of the Membership Services is subject to OBriens Computer Service "fair use" policy. Under this policy, if at any time, in OBriens Computer Service sole discretion, Member's use exceeds the level of use reasonably expected from someone using a Home Plan for individual use or a Business Plan for business use, then OBriens Computer Service reserves the right to suspend or terminate Member's Membership Services. In addition, OBriens Computer Service reserves the right to suspend or terminate any Membership Services of any Member that OBriens Computer Service, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member, or (c) for any computer system other than a Registered System.

16. General

In addition to the Terms of Service, Member agrees to be bound by the Privacy Policy and all other legal notices contained on the OBriens Computer Service website, which collectively constitute the entire agreement between Member and OBriens Computer Service. OBriens Computer Service and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. Wisconsin law will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in CLARK COUNTY, WISCONSIN. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. 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. OBriens Computer Service’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. The OBriens Computer Service website is available internationally and may contain references to OBriens Computer Service products, services, and programs that are not available in a viewer's country. These references do not imply that OBriens Computer Service intends to make such products, services, or programs available in such country.

©2008 OBriens Computer Service
Last Revised: June 01, 2008.