CSLive Subscriber Agreement
This agreement was last updated on August 2, 2004.

These Terms of Use ("Agreement") describe the terms and conditions under which McCoy Corporation, Pontiac, Illinois USA, offers an account with CSLive ("Account") to a subscriber ("Subscriber").

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BOX, OR BY USING CSLive IN ANY CAPACITY, SUBSCRIBER ACCEPTS THESE TERMS OF USE AND AGREES TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.

McCoy Corporation agrees to provide Subscriber with access to those portions of CSLive restricted only to those persons who have assented to the terms of this Agreement. Subscriber agrees to pay the Subscription Fee to McCoy Corporation according to the terms of this Agreement and abide by the rules and regulations adopted by McCoy Corporation with respect to the use of CSLive.

1) DEFINITIONS:

1. "CSLive” means the online CRM system offered by McCoy Corporation and includes the entirety of both the CSLive Professional and CSLive Free versions.
2. “CSLive Professional” means that portion of CSLive that is restricted to the use only by the Paid Subscribers.
3. “CSLive Free” means that portion of CSLive that is available for use by any person or any Subscriber that accesses and uses it.
4. “Suspended Account” means a Subscriber’s account where Subscriber has failed to make a payment/and or the account is not in good standing for less than 30 days.
5. “Disabled Account” means a Subscriber's account where the Subscriber has failed to make a payment and/or the account is not in good standing for more than 30 days. Access to said accounts are blocked.
6. “Cancelled Account” means a Disabled Account that has not been in good standing for a period longer than 90-days. Subscriber’s Data and all other account information is permanently deleted from CSLive.
7. “Subscriber’s Data” means any data collected for or inputted by or uploaded by Subscriber or Subscriber’s customers.

2) McCoy Corporation may amend this Agreement at any time by informing Subscriber of the amended terms via email to an email address provided to McCoy Corporation by Subscriber as Subscriber's primary e-mail; or by posting news to www.CSLive.com or on Subscriber's CSLive account. Such amendments will be effective when sent or posted. Alternatively, McCoy Corporation may display the amended terms when Subscriber accesses Subscriber's CSLive Account, in which case such terms shall be effective when posted.

3) Subscriber shall enter and forward to McCoy Corporation truthful and factually accurate information in the registration process. Subscriber shall provide credit card information in the registration process to use pursuant to paragraph 11 below.

4) McCoy Corporation reserves the right to terminate this Agreement immediately should the Subscriber violate the rules and regulations for CSLive, any other term of this agreement or for any reason at McCoy Corporation’s discretion.

5) McCoy Corporation endeavors to protect the privacy of Subscriber's information and Subscriber’s Data. All information Subscriber provides regarding the account, information the Subscriber or Subscriber's customer records in the CSLive account, and Subscriber's Data will be treated as confidential information and not sold, rented, or otherwise disclosed to any third party, without Subscriber's written consent. By way of example and without limiting the foregoing, McCoy Corporation may be forced to disclose Subscriber's private communications to the government, law enforcement, or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, McCoy Corporation can and Subscriber authorizes McCoy Corporation to disclose any information about Subscriber, Subscriber's customers, or private communications by Subscriber to law enforcement or other government officials, as McCoy Corporation, in McCoy Corporation's sole discretion, believes necessary or appropriate.

6) All content and other published material and data provided by Subscriber shall remain the property and ownership of the Subscriber. In the event that the Subscriber elects to discontinue their service with CSLive, the Subscriber's Data can be archived and provided to Subscriber upon written request to McCoy Corporation within 30-days prior to discontinuing service or prior to account being suspended. Subscriber’s Data will be provided in a standard method and format within a reasonable amount of time after the request has been made. Upon Subscriber discontinuing service, McCoy Corporation will remove Subscriber's Data from active CSLive systems within 30-days from the end of service. IF SUBSCRIBER DOES NOT REQUEST A COPY OF SUBSCRIBER’S DATA WITHIN 30 DAYS FROM THE END OF SERVICE, SUBSCRIBER’S DATA WILL BE DELETED AND WILL NOT BE RECOVERABLE. Subscriber understands that backups and archives of the CSLive systems and servers may still contain Subscriber's data and that these backups cannot be removed or destroyed or provided to Subscriber.

7) McCoy Corporation shall use its best efforts to protect Subscriber's information and Subscriber’s Data from unauthorized disclosure and to maintain reasonable security for the information. Due to the ever changing and unreliable nature of the Internet and Internet security, Subscriber hereby acknowledges and understands that online information and data being stored, transmitted, received, recorded, or displayed, cannot be 100% secure at all times. McCoy Corporation will continue to make reasonable security adjustments as necessary to keep up with the advancement and changes in how the Internet is used in general. McCoy Corporation highly recommends to Subscriber that the Subscriber not use CSLive or related services to communicate or record highly sensitive data or information that in any way may by harmful to Subscriber. It is Subscriber's responsibility to inform Subscriber's customers that such highly sensitive information and data not be transmitted or stored on CSLive.

8) Subscriber agrees to not provide, disclose, or provide access to any methods, descriptions, features, or other trade secrets of how the CSLive systems work, operates, or provides, to any other party. The features and method of how CSLive works are considered a trade secret of McCoy Corporation and Subscriber shall treat such information as confidential information. Subscriber acknowledges and agrees that the content of CSLive, except for data provided by Subscriber and other subscribers, is McCoy Corporation’s copyrighted and trademarked intellectual property. Subscriber shall not copy or distribute any copyrighted or trademarked material of McCoy Corporation.

9) The Subscriber shall not in any form provide access to CSLive or any of the CSLive features to any outside party in any way. Such act or acts by Subscriber shall constitute grounds for immediate discontinuation of Subscriber’s access to CSLive. In the event of unauthorized access of any kind is discovered by McCoy Corporation, McCoy Corporation reserves the right to discontinue service of Subscriber until such time that the means of such unauthorized access is determined.

10) The term of this agreement shall start when Subscriber completes the online registration process and clicking the "I AGREE" BOX and shall last a period of 30 days. Said agreement renews when payment is received by McCoy Corporation pursuant to paragraph 11 below.

11) Payments made by Subscriber for CSLive shall be made prior to the use of the Subscriber's CSLive account. Billing shall be on a Visa or MasterCard credit card. Each payment period commonly referred to as a "month" shall be calculated by a 30-day period and billed in the same cycle. Each 30-day period will be billed and received prior to the 30-day cycle's start date along with any other charges incurred by Subscriber in the current 30-day period. Subscriber's failure to make a payment will result in said account becoming a Suspended Account until payment is made in full and the account is brought into good standing. Suspended Accounts that have not been brought into good standing for a period of 60 days (including the initial 30 day suspension period) will result in said account becoming a Disabled Account and Subscriber and Subscriber’s customers shall no longer have access to CSLive. During this 60 day period, upon notifying McCoy Corporation of their desire to terminate their Subscription and payment of all outstanding charges, Subscriber can request a copy of their data from McCoy Corporation and McCoy Corporation shall export said data to a CD or other method at McCoy Corporation’s discretion and forward same to Subscriber. Suspended Accounts that have not been brought into good standing for a period longer than 90-days (including the initial 30 day suspension period) will result in said account becoming a Cancelled Account. A Cancelled account shall have its data in whatever form permanently removed from the CSLive system. IF AN ACCOUNT BECOMES A CANCELLED ACCOUNT, ALL OF SUBSCRIBER’S DATA AND ACCOUNT INFORMATION THAT IS DELETED IS NOT RECOVERABLE. Payments for other related CSLive services or features shall be made according to the service or feature as described in CSLive.

12) MCCOY CORPORATION PROVIDES SUBSCRIBER’S ACCOUNT, CSLIVE, AND OUR SERVICES "AS IS." MCCOY CORPORATION MAKES NO CLAIMS, WRITTEN OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, EFFORT TO ACHIEVE PURPOSE, QUALITY, QUIET ENJOYMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER AGREES THAT ANY EFFORTS BY MCCOY CORPORATION TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY WARRANTIES BY MCCOY CORPORATION SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, McCoy Corporation’s liability is limited to the greatest extent permitted by law.

13) Subscriber understands that CSLive may be unavailable for extended periods of time, and McCoy Corporation does not warrant or ensure the continuous availability of CSLive. Further, Subscriber recognizes that the traffic of data through the internet may cause delays and Subscriber shall not hold McCoy Corporation liable for delays that are ordinarily in the course of Internet use.

14) In the event that Client's services are terminated for any reason by either the Client or McCoy Corporation, Client is required to immediately remove all CSLive code, HTML, references, tracking, logos, links, and any other elements that are part of the CSLive system or reference CSLive or the CSLive.com web site. Failure to remove these elements may result in pop-up ads, error messages, or broken links to the Client's web site visitors. Client agrees to have such pop-ups or error messages as long as the CSLive code or other elements of CSLive remain on the Client's web site, e-mails, etc. CSLive reserves the right to choose what pop-ups or error messages are displayed to Client's web site visitors.

15) IN NO EVENT SHALL McCOY CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SUBSCRIBER’S ACCOUNT OR THIS AGREEMENT OR OTHERWISE, EVEN IF MCCOY CORPORATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. McCOY CORPORATION’S LIABILITY TO SUBSCRIBER OR ANY THIRD PARTIES IS LIMITED TO NO MORE THAT THE TOTAL OF THE LAST THREE (3) SUBSCRIPTION PAYMENTS RECEIVED BY McCOY CORPORATION. Some states do not allow the foregoing limitations of liability, so they may not apply to Subscriber. In such jurisdictions, McCoy Corporation’s liability is limited to the greatest extent permitted by law.

16) THE SUBSCRIBER REPRESENTS AND WARRANTS TO MCCOY CORPORATION AND ITS SUPPLIERS THAT SERVICES PROVIDED HEREUNDER SHALL CONTAIN NO DEFAMATORY OR UNLAWFUL MATTER AND WILL IN NO WAY INFRINGE UPON THE COPYRIGHT OR VIOLATE THE PROPRIETARY RIGHTS OF ANY PERSON WHOMSOEVER. THE SUBSCRIBER AGREES TO INDEMNIFY AND HOLD MCCOY CORPORATION HARMLESS FROM ANY SUIT, DEMAND, OR CLAIM MADE AGAINST MCCOY CORPORATION BY REASON OF ANY DEFAMATORY RIGHT, AND THE SUBSCRIBER FURTHER AGREES TO PAY ANY JUDGMENT OR REASONABLE SETTLEMENT OFFER RESULTING FROM ANY SUIT, DEMAND, OR CLAIM, AND TO PAY ANY REASONABLE ATTORNEYS' FEES INCURRED BY MCCOY CORPORATION IN DEFENDING AGAINST SUCH SUIT, DEMAND, OR CLAIM.

17) McCoy Corporation represents and warrants to the Subscriber that the technologies and related items provided for CSLive shall in no way infringe upon the copyright or violate the proprietary rights of any person whomsoever. McCoy Corporation agrees to indemnify and hold the Subscriber harmless from any suit, demand, or claim made against the Subscriber by reason of any defamatory right.

18) The services hereunder are offered by McCoy Corporation, Pontiac, Illinois USA. This Agreement is governed in all respects by the laws of the State of Illinois, County of Livingston. Both parties submit to personal jurisdiction in State of Illinois, County of Livingston, and further agree that any cause of action relating to this Agreement shall be brought in the Court of the Eleventh Judicial Circuit, Livingston County, Illinois located in Pontiac, Illinois. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. McCoy Corporation's failure to act with respect to a breach by Subscriber or others does not waive McCoy Corporation's right to act with respect to subsequent or similar breaches. McCoy Corporation shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the direct control of McCoy Corporation or our suppliers. Subscriber consents to McCoy Corporation sending Subscriber emails or other materials, as McCoy Corporation deem necessary for purposes related to CSLive, McCoy Corporation, updates, sales materials, or other information as provided by McCoy Corporation. This Agreement sets forth the entire understanding and agreement between McCoy Corporation and Subscriber with respect to the subject matter hereof.

19) Subscriber is hereby prohibited from using CSLive for the following industries, purposes, or reasons as determined by McCoy Corporation, including but not limited to misleading, libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, contains content targeted at children, or offers any illegal good or service, links to any Web site that does so, offers or promotes pornography, witchcraft, tobacco, terrorism, gambling, or any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap, or engages in sending unsolicited commercial e-mail OR FOR ANY OTHER REASON MCCOY CORPORATION DEEMS TO BE A PROHIBITED USE, INDUSTRY, PURPOSE OR REASON.

Aug 17, 2004
Enhanced visitor tracking ability, pro-active chat, and remote messaging.
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Aug 12, 2004
System Statistics overview added.  View company-wide statistics on live chat calls, tickets, current site visitors, web meeting participants, and more all on the same page.
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