Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These terms (the “Terms”) govern

your use of the web site at www.sungeek.com. (“Site”) and any computer support services provided either by telephone

or computer (the Site and the computer support services are collectively referred to as the “Services”) provided by

Sungeek.com Computer., its subsidiaries, affiliates and contractors (“Sungeek.com Computer,” “we” or “us”). By accessing,

ordering or using the Services via telephone or online via the Site, you (“You” or “Your”) and other users of the

Services (collectively, “Users”) agree to these Terms and our Privacy Policy available at

Terms of Use

We provide You with access to, and use of, the Services subject to Your compliance with the Terms. Sungeek.com

Solution reserves the right to refuse to provide the Services to anyone at any time without notice for any reason. You

represent and warrant to us that (a) You are at least 18 years old; (b) You have the right, capacity and authorization

necessary to legally bind Yourself to the Terms; (c) You have read and agree to the terms of the Privacy Policy on the

Site, (d) You will comply with all treaties, laws, rules and regulations applicable to Your use of the Services, (e) any

information You submit to Sungeek.com Computer is correct and complete, and (f) any payment or credit card information

You supply is correct.

Authorization to Access your Computer

You acknowledge that by your use of the Services you are authorizing Sungeek.com Computer to access and control your

computer for the purposes of computer diagnosis, service and repair.

In connection with delivering the services, Sungeek.com Computer may download and 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 Sungeek.com Computers 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. Other than as set forth in the warranty section below, you agree that

Sungeek.com Computer 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.

Data Backup

Sungeek.com Computers DOES NOT PROVIDE DATA BACKUP OR RESTORATION 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 ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT

Sungeek.com Computers OR ITS REFERRAL PARTNERS 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.

Sungeek.com Computers 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.

Scope of Services

You may initiate the Services via telephone or other means made available by Sungeek.com Computer. Sungeek.com

Solutions will use commercially reasonable efforts to answer Your personal technology question and resolve Your

personal technology problem for a fee as set forth in the Site or quoted on the telephone. Upon receiving the

telephone call, Sungeek.com Computer may provide certain portions of the Services via remote control session, online

chat or e-mail. We may set forth limits to the personal technology we support. Certain Services may have minimum

system requirements.

Warranty

The Services may not be successful because the problem may be beyond our ability to resolve remotely. If we are

not able to answer Your question or resolve Your personal technology problem and You have complied with all Your

obligations in these Terms, we will not charge you a fee for the Services. If you experience a problem with the

resolution we provided and you call us within five (5) days from the day you originally received the Services, we will

use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are

unsuccessful, we will refund the fees that You paid for the Services. As set forth below, there are no other warranties

for the Services.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH ABOVE, 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. Sungeek.com Computer DOES NOT WARRANT THAT THE SERVICES WILL BE

TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR

COMPUTER PROBLEM. Sungeek.com Computer 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

Sungeek.com Computer may need to download and/or run software on Your personal computer to help diagnose and

resolve Your personal technology problem. Sungeek.com Computer uses several types of software: the first type provides

computer system information to Sungeek.com Computer which helps us diagnose and resolve Your personal technology

problem, the second type allows Sungeek.com Computer 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 Your personal technology problem

You acknowledge and agree that use of all Sungeek.com Computer’ software and third party software and tools

(“accessed, downloaded or otherwise provided or made available with the Services (collectively “Software”) are

subject to the license agreements that may appear or be referenced when You access or download the Software.

You may not access, download or use any Software without agreeing to the terms and conditions of the license

agreements without modification. You agree that we may download and utilize Software from third party web sites

and accept any applicable license agreements on your behalf. 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 Sungeek.com Computer’ 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.

Customer Responsibilities

You must cooperate with Sungeek.com Computer and promptly respond to our requests for information and comply with

our requests to take actions to resolve Your personal technology problem. You must consent to the downloading and

use of Software on Your personal computer and accept all applicable license agreements for the Software.

Monitoring of the Services

We may, but have no obligation to, monitor and record the Services, including telephone calls and online sessions for

purposes of improving customer service, internal training and internal market research. You acknowledge and agree

that we do retain the right to monitor and record the Services and to disclose any information as necessary or

appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to

protect ourselves and/or our Users. Please see our Privacy Policy for further details.

Registration, Passwords and Security

In order to use certain Services, we may require that You register. During the registration process, You may be asked

to designate, or we may designate for You, a user name and password. You are responsible for maintaining the

confidentiality of any password or account information You receive from Sungeek.com Computer, and are responsible for

all activities that occur using that password or other account information. You must notify Sungeek.com Computer

immediately upon learning of any unauthorized disclosure or use of Your password or other account information.

Sungeek.com Computer has no liability for any unauthorized use of the Services under Your account or on Your

computer.

Fees and Payment

The applicable fees for the Services You order will be quoted on the telephone and may be available on the Site. The

fee for the Services will be charged directly on Your credit card and You agree to pay the charges applicable to Your

selected Services, as well as any applicable taxes.

Service Availability

The Services may not always be available in Your time zone or geographic location. 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 technology, and not for

resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow

manufacturers, suppliers or vendors of Your personal support technology, or providers of services relating to such

technology, to access or use the Services.

You may not use, download or copy any information, data, text, photographs, graphics, video, or other materials

provided with the Services (“Content”) unless: (1) You use the Content solely for personal, informational and noncommercial

purposes; (2) Sungeek.com Computer’ trademarks and copyright symbol and statement set forth on each

page of the Site appears on each downloaded or copied page; and (3) no modifications are made to any Content.

The rights granted to You in connection with the Services constitute a license and not a transfer of title. Sungeek.com

Solutions reserves the right to revoke the authorization to view, download and print the Content available on the Site

at any time, and any such use shall be discontinued immediately upon notice from Sungeek.com Computer. Except as

expressly provided herein, You may not use, download, upload, copy, print, display, perform, reproduce, publish,

license, post, transmit or distribute any Content from the Services in whole or in part without the prior written

permission of Sungeek.com Computer. Any rights not expressly granted herein are reserved by Sungeek.com Computer.

Restrictions

You shall not: (a) “mirror” any Content on the Site on any other server without Sungeek.com Computer’ prior express

written permission, (b) use the Service for any illegal purpose, (c) misuse, abuse or make any unauthorized use of

any property, network, website, personnel or equipment of Sungeek.com Computer or its customers or its suppliers,

including but not limited interfering with or otherwise disrupting networks connected to the Service, (d) engage in any

activities or actions in connection with the Services that infringe or misappropriate the intellectual property rights of

others, including without limitation, copyright, patent, trademark, trade secret and confidential information, (e) engage

in any activities that violate the personal privacy or publicity rights of others; (f) access, monitor or use data, traffic,

computers, systems, facilities or networks provided with or accessible from the Services, without proper authorization,

including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or

authentication measures without express authorization of the owner of the system or network; (g) send unsolicited

commercial messages, advertising, informational announcements or communications in any form (“SPAM”) in

connection with the Services; or (h) interfere with the Services or any system, service, network, or person accessible

from the Services, including without limitation deliberate attempts to overload a system by the multiple postings of

messages.

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 Content, Software, features and/or hours of

availability, and we will not be liable to You or to any third party for doing so.

Security

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

Submissions

All comments, feedback, information (other than your personally identifiable information or billing information) or

materials submitted to Sungeek.com Computer (“Submissions”) shall be considered non-confidential and Sungeek.com

Solution's property. By providing such Submissions to Sungeek.com Computer, You agree to assign to Sungeek.com

Solutions, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the

Submissions. Sungeek.com Computer shall be free to use and/or disseminate such Submissions on an unrestricted basis

for any purpose. You acknowledge that You are responsible for the Submissions that You provide, and that You have

full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Any or all Submissions You provide in connection with the Services may be purged periodically in Sungeek.com

Solutions’ sole discretion.

International Use

Currently, the Services are only available for residents of the United States and Canada. Sungeek.com Computer may,

from time to time, offer promotions to residents of other countries. You agree to comply with all applicable laws and

regulations, including without limitation, 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.

Proprietary Rights

Sungeek.com Computer respects the proprietary rights of software and hardware manufacturers and will not install or

support unlicensed materials. The Services, and the Software and Content provided with the Services, are protected

by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Sungeek.com Computer is

the copyright owner or licensee of the Services, Software, and Content, unless otherwise indicated. If You make use

of the Services, Software or Content, 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.

COPYRIGHT NOTICE: Copyright © 2009 Sunburnt Consulting LLC, Dba Sungeek. All Rights Reserved.

Trademark Information

Sungeek.com Computer, all Sungeek.com Computer product names, service names, logos, designs, titles, words

or phrases are protected under law as the trademarks, service mark or trade names of Sungeek.com Computer, Inc. Such

trademarks, service marks and trade names may be registered in the United States and internationally. Nothing on

the Site should be construed to grant any license or right to use any Sungeek.com Computer marks without the written

consent of Sungeek.com Computer, Inc. All other trademarks, product names, trade names, and logos used within these

pages are the property of their respective holders. Use of other company trademarks, trade names, product names

and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Sungeek.com

Solutions and its products, or (2) an endorsement of the company or its products by Sungeek.com Computer.

Links from and to the Site

This Site may contain hyperlinks to Web sites that are not controlled by Sungeek.com Computer. Sungeek.com Computer is

not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites,

including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made

on these Web sites.

You may not provide any type of link to the Site without the express written permission of Sungeek.com Computer. We

reserve the right, however, to deny any request or rescind any permission granted by us to link through such other

type of link, and to require termination of any such link to the Site, at our discretion at any time.

Dealings with Third Parties

Your dealings with other entities promoted on or through the Services, including payment and delivery of related

goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are

solely between You and such other entity. You agree that Sungeek.com Computer shall not be responsible or liable for

any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such

other entities on the Services. Likewise, any third parties that may refer You to the Services have no responsibility or

liability for the Services provided by Sungeek.com Computer.

TERMINATION

Sungeek.com Computer RESERVES THE RIGHT TO CEASE PROVIDING THE SERVICES FOR ANY REASON

AT ANY TIME AND INSTEAD, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND THE FEES PAID FOR THE

APPLICABLE SERVICES FOR THE TIME PERIOD, IF ANY, AFTER TERMINATION OF THE SERVICES. IF YOU

BREACH THE TERMS NO REFUND WILL BE PROVIDED. OTHER THAN PROVIDING A REFUND WHEN WE

TERMINATE FOR OUR CONVENIENCE, Sungeek.com SOLUTION WILL NOT BE LIABLE TO YOU OR ANY

THIRD-PARTY FOR TERMINATION OF THE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE

THAT UPON TERMINATION Sungeek.com SOLUTION MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR

USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR BAR ANY

FURTHER ACCESS TO THE SERVICES.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Sungeek.com Computer, ITS DIRECTORS, OFFICERS,

EMPLOYEES, AGENTS AND AFFILIATES 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 SERVICES OR YOUR VIOLATION OF THE TERMS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Sungeek.com Computer, ITS SUPPLIERS, AND REFERRAL PARTNERS OR ANY OF

THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE

PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR

PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER FROM CONTRACT, TORT (INCLUDING

NEGLIGENCE), MISPRESENTATION, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY,

ARISING FROM DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE

SERVICES, SOFTWARE, CONTENT OR YOUR PERSONAL COMPUTER AND OTHER TECHNOLOGY

INCLUDING, WITHOUT LIMITATION, LOST SALES, LOST REVENUE, LOST PROFITS OR OTHER LOSS OF

BUSINESS, LOSS OF OR DAMAGE TO DATA, OR COST OF SUBSTITUTE SERVICES EVEN IF Sungeek.com

SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT

ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES

SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY OF Sungeek.com Computer TO YOU IN THE AGGREGATE FOR

ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,

INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR

USE OF THE SERVICES, SOFTWARE OR CONTENT EXCEED THE GREATER OF THE AMOUNT PAID FOR

THE SERVICES AT ISSUE OR US$100.00.

Governing Law

The substantive laws of the State of Florida, United States of America, without reference to any conflicts of law

principles that would require the application of the laws of any other jurisdiction, shall govern these Terms. The

parties agree that the U.N. Convention on Contracts for the International Sale of Goods will not apply to this

Agreement. Any action or proceeding arising from or relating to the Services shall be subject to the exclusive

jurisdiction of the state or federal courts in Vero Beach, Florida, and You expressly agree to submit to the personal

and exclusive jurisdiction and venue of these courts. Notwithstanding the foregoing, Sungeek.com Computer may bring an

action to protect or enforce its intellectual property rights in any applicable jurisdiction.

Electronic Communications

The information communicated on this Site constitutes an electronic communication. When You communicate with us

through the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You

agree that we may communicate electronically and that such communications, as well as notices, disclosures,

agreements and other communications that we provide to You electronically, are equivalent to communications in

writing and shall have the same force and effect as if they were in writing and signed by us.

Notices and communications to Sungeek.com Computer must be sent to the applicable address given in these Terms or

to support@sungeek.com

General Information

This version of the Terms is effective as of January, 2008. The Terms together with the Privacy Policy and any

applicable license agreements constitute the entire agreement between You and Sungeek.com Computer and govern

Your use of the Services, superseding any prior or contemporaneous agreements between You and Sungeek.com

Solutions. The failure of Sungeek.com Computer to exercise or enforce any right or provision of the Terms shall not

constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent

jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’

intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may

not assign the Terms or any of Your rights or obligations under the Terms without Sungeek.com Computer’ express

written consent. The Terms inure to the benefit of Sungeek.com Computer’ successors, assigns and licensees. The

section titles in the Terms are for convenience only and have no legal or contractual effect