Aeneas Internet and Telephone

Policies > Aeneas Remote Support Waiver Agreement

Please review these terms of use carefully. By clicking “Accept” or by continuing to use the Remote Support application, you, individually, and as an authorized officer of your company agree to the terms of use set forth below.

Bomgar Corporation proprietary software (the "Bomgar Software") has been or is about to be downloaded to your computer to allow a remote control session between an Aeneas Communications, LLC (“Aeneas”) operator and a computer or computers on your network. By clicking "ACCEPT", you are authorizing a remote operator to download the Bomgar Software to your computer and you understand that the permitted operator will have partial or fully unrestricted access to gain access to this computer or computers on your network as well as their contents on your network. The operator will then be able to transfer files without additional authorization from you. If you are in any way unsure about the identity, technical ability or trustworthiness of the operator about to download the Bomgar Software and do not wish the operator to have access to your computer, click "DECLINE". This Agreement does not grant any rights to you in the Bomgar Software and you agree not to use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, or in any way alter the Bomgar Software or any copy, adaptation, transcription, or merged portion thereof or otherwise attempt to derive source code therefrom. You also hereby acknowledge and agree that Bomgar Corporation may verify the use of the Bomgar Software through online verification procedures which may include support session time logging. In addition, you acknowledge that the Bomgar Software provides for trouble support notification to Bomgar Corporation in the event of a Bomgar Software failure. You agree and understand that it is your (the customer's) responsibility to maintain copies of all important data on your computer, and to obtain such copies prior to authorizing Aeneas to commence its services for you.

IN NO CIRCUMSTANCES SHALL AENEAS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS , AGENTS, EMPLOYEES, OR CONTRACTORS (THE “AENEAS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING WITHOUT LIMITATION SYSTEM DAMAGE, OR LOSS OF DATA, PRIVACY REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, (i) THE DOWNLOADING OF THE BOMGAR SOFTWARE ONTO YOUR COMPUTER, (ii) THE REMOTE CONTROL SERVICES PROVIDED BY THE OPERATOR(S), (iii) ANY INTERRUPTION TO USE OF THE REMOTE CONTROL SERVICE, OR (iv) ANY CONTENT OBTAINED FROM OR THROUGH THE REMOTE CONTROL SERVICE, EVEN IF THE AENEAS PARTY(IES) FROM WHICH DAMAGES ARE SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE AENEAS PARTY(IES) INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, COURT COSTS, EXPENSES, AND OTHER COSTS OF INVESTIGATION AND PREPARATION (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ANY APPEAL), ARISING OUT OF OR IN CONNECTIONS WITH USE OF THIS SERVICE.

Any dispute, claim, or controversy in connection with or arising under the use of the Bomgar Software or this Agreement, its construction, existence, interpretation, validity, or any breach hereof which cannot be amicably settled between the parties, shall be finally and exclusively resolved by arbitration under the Rules of Arbitration of the American Arbitration Association then prevailing. The parties agree that the dispute shall be resolved using one arbitrator unless the parties agree to a greater number of arbitrators. The arbitrator shall apportion the costs of the arbitration equally but may award or order reimbursement of legal fees and expenses in the manner deemed fair and equitable by the arbitrator. The arbitration proceedings shall be held in Jackson, Tennessee, U.S.A. and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. The award in arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial methods, the party against whom the award is ultimately enforced shall pay all reasonable costs and attorney's fees incurred by the party in enforcing the award. THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OR CLASS TREATMENT OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF, PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL PRECLUDE A PARTY FROM SEEKING TO COMPEL ARBITRATION IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION. THE LAWS OF THE STATE OF TENNESSEE SHALL GOVERN THIS AGREEMENT.