Terms of Use (Master Service Agreement)

Please read this page carefully before using this Website. This page details the Terms and Conditions under which visitors (hereinafter “You” or “Visitors”) may use this site, and the content of which is owned by or licensed to the NoysTech.com Website, and is operated and administered by NoysTech.com (collectively, “NoysTech.com”). By using this site, You agree to be bound by all of the Terms and Conditions written below. If You do not accept these Terms and Conditions, please do not use this Website. NoysTech.com complies with all laws of Texas applicable to the NoysTech.com Website and to the Internet. Visitors, who choose to visit this Website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Changes to Terms and Conditions
NoysTech.com may revise these Terms and Conditions at any time without notice. Therefore, You should check this page periodically to review the Terms and Conditions. Your continued use of this Website after the Terms and Conditions are changed indicates your acceptance of those new Terms and Conditions.

Privacy Policy
NoysTech.com is committed to preserving your right to privacy. While we don’t ask for any registration or personal information to browse our site, some information about your server address, Web browser, and computer system are automatically transmitted to our Web servers so that we can operate our site on the Internet. NoysTech.com does not collect identifying information about You (such as Your name, address, telephone number, or email address) unless You voluntarily submit that information to us through our Contact Us page, our NoysTech.com Newsletter page, or other means. NoysTech.com stores its customer information in a password-protected database to fulfill your requests for certain services. All information You submit to us is confidential and we do not sell or otherwise disclose such information to third parties. Please refer to our Privacy Statement.

Copyright, Trademark, and Intellectual Property (Use of Site Material)
The contents of this site, including, without limitation, Website design, text, graphics, images, sound recordings, video recordings, and other content (hereinafter “Content”) are owned by or licensed to NoysTech.com, clients, and partners of NoysTech.com, and are protected by copyright under both United States and foreign laws. Unauthorized use of the Content violates copyright, trademark, and other laws. The Content and all copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner. Use of the Content on any other Website or in a networked environment is prohibited.

NoysTech.com Newsletter
The only user submitted data that is actively collected by NoysTech.com are email addresses of individuals who opt-in to our NoysTech.com Newsletter program or voluntarily contact us via online forms and e-mails. These addresses are not typically viewed by a human being unless there is some problem with the database. Users may remove their email address from our list by unsubscribing to our NoysTech.com Newsletter. All collected data may be kept indefinitely and used for internal business and marketing purposes, such as assessing traffic patterns and usage of various features on the site, but will not be sold or otherwise disclosed to third parties for any purposes. Notwithstanding any other statements or representations here or elsewhere on our site, NoysTech.com reserves its right to disclose any information in its possession if it is required to do so by law.

Client listings and access through NoysTech.com Website
The NoysTech.com Website contains links to Websites owned by clients or partners. We encourage our clients, partners, contributors and other third parties to implement policies and practices that respect your privacy the same way NoysTech.com Website does. We are not, however, in control or responsible for other website’s privacy practices or website content. Occasionally, you may receive cookies or see pop-up windows from third party advertisers, partners and vendors when accessing these sites or content featured on them. We do not control these cookies or pop-up windows. If You decide to visit any third-party sites using links from this Website, You do so at Your own risk.

Security of NoysTech.com Network and Systems
Violations to system or network security are prohibited, and can result in criminal and civil liability. Continuous attempts to infiltrate or damage network security and systems may be treated as violations. NoysTech.com will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations are as listed, but not limited to:

  • Unauthorized access to or use of data, systems or networks, 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 NoysTech.com’s system or network.
  • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of NoysTech.com’s system or network.
  • Interference with service to any user, host or network including, without limitation, mail spam, flooding, deliberate attempts to overload a system and broadcast attacks.
  • Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  • You are responsible for Your own communications and their consequences. Therefore, do not submit any of the following: material that is copyrighted; material that reveals trade secrets; material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; sexually explicit images; advertisements or solicitations of business; chain letters or pyramid schemes. Do not impersonate another person under any circumstance while submitting information or communicating with NoysTech.com.

Fees
a. Payments for the Services, the due date, and all other information related to the assessment and collection of amounts owed are set out on the Order Form (“Fees”). If the Order Form does not contain a payment date, Fees are due monthly. Upon the renewal of a Service Term, the Fees will be set to our then standard fee for the particular Service. Discounts provided to new Customers may not be extended to Services you have already agreed to purchase. If we do not collect Fees immediately, your service may be suspended.
b. During the Term, we will only increase the Fees in the following circumstances: (i) you purchase additional Services and those Services have additional Fees; (ii) a regulated entity, such as a utility, increases their charges to us; or (iii) a vendor adds surcharges or additional fees based on your use of the Services.
c. Fees are not refundable, unless you choose Services covered by a “30 day money back guarantee.”
d. Taxes may not be included in the prices set out on your Order Form. If we are required to collect taxes, they will be added to the Fees, and you agree to furnish us information necessary to calculate them and you agree to pay them once calculated.
e. Charges assessed by third parties will be added to the Fees within thirty (30) calendar days from the date we receive them. You agree to pay these charges regardless of the length of time that may have passed.
f. If you do not pay the Fees when due, we may suspend and or delete any and all Services. Following suspension of Services for non-payment, we are not required to reinstate Services until: (i) you have paid in full all Fees then due, including late fees, interest charges of one and a half (1.5) percent per month (or the highest rate permitted by the laws governing this MSA), collection costs (including fees charged by our collection agency and reasonable actual attorneys’ fees), and any cost of reinstating Services; and (ii) you provide us satisfactory assurance as requested by us (such as a deposit) of your ability to pay for the Services for the remainder of the applicable Service Term. If you fail to timely cure the non-payment within the timeframe specified by us, you will be deemed to have terminated the affected Services as of the effective date of Service suspension. Your failure to pay Fees when due shall be treated as termination for convenience by you subject to Early Termination Fees, if any, described in this MSA. You will not receive credits or other benefits during the period you have failed to pay any Fees, and you may not withhold payment of Fees during any dispute.
g. We understand that from time to time the parties may have disagreements about the Fees. To help resolve these disputes, each of the parties agrees to try to resolve these disagreements as set out in this paragraph. If you dispute any Fee, you must notify us in writing of this dispute before the Fee is due. In your notice, you agree to include sufficient information to allow us to investigate the dispute. We agree to complete this investigation within thirty (30) calendar days from the date your Fee is due, and provide to you a written discussion of our investigation, with sufficient facts for you to review. If we agree with your dispute, we will credit your account on your next billing cycle, or within sixty (60) calendar days if your billing cycle is not monthly. If we reject your dispute, you have thirty (30) calendar days to present us with a written rebuttal, again with sufficient information for us to understand your arguments. We will review this material within thirty (30) calendar days from our receipt. If the parties continue to disagree, they may pursue their remedies at law, consistent with this MSA. Fee disputes are Service specific, and you are required to pay Fees for other Services during the period of a dispute. You may not terminate this MSA, or any Service, based on a Fee dispute. We will not charge you interest on affected Fees during a dispute, provided that the dispute is bona fide.
h. We take every possible measure to secure online payment processing of your account. While our own payment processing systems are secure and PCI compliant, our hosting environments may not be fully compliant with Payment Card Industry Data Security Standard (“PCI DSS”).

Contact Us
The primary purpose of the Contact Us page is to establish communication with Visitors interested in NoysTech.com services and potential Business Development. NoysTech.com Website Visitors may use the Contact Us page to send content suggestions or questions about any content on the NoysTech.com Website. Website Visitors can also submit notification of broken links, communicate privacy concerns, and/or submit praise and/or complaints. All technical and operational issues are handled by our Network Operations Department which is responsible for the monitoring of systems and may track down information pertinent to suspicious activity. As the NoysTech.com policy is not to respond to visitor email, the Contact Us page does not ask for any user submitted data (such as an email address), and the only way user submitted data would be collected is if the visitor were to voluntarily type such information into one of the open text fields.

Acknowledgement
You hereby acknowledge that these Terms and Conditions represent the entire understanding between you and NoysTech.com concerning Your use of this Website, and the Content, goods and services available on this Website.