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Agreement Between SmallBusinessPCHelp.com And All
Customers
Version 1.2
I. Activities Subject to Immediate Deactivation
II. Indemnify and Claims
III. Refusal and Discontinuation of Service
IV. Public Nature of the Internet
V. Unsolicited Electronic Mail
VI. Other Items - Emergency Contact Information
VII. Guarantee Uptime
VIII. Server Specifications
IX. TOS Updates
X.No Warranties
I. Activities Subject to Immediate Deactivation.
Any Hosting Account that is used for illegal, abusive or unethical
activity may be immediately deactivated by us without warning. Any misuse or
overuse of the server will result in immediate deactivation of an account.
Illegal, abusive or unethical activities include, but are not limited to
inclusion of or linking to pornography, mp3's, obscenity, nudity, violations
of privacy, hacking, irc related scripts and programs, non approved server
scripts, eggdrops, computer virus, gambling, or promotion of gambling, and
any harassing or harmful materials or uses, as determined by us.
II. Indemnify and Claims
You agree to indemnify and hold us harmless from any claim resulting from
your publications or use of Illegal, Abusive or Unethical materials. Although
we will make reasonable efforts to alert you to such activities and allow you
an opportunity to cure them within a 12-hour period after discovery, we are
not required to give notice before deactivating your use of our services if,
in our discretion, your use is or results in Illegal, Abusive or Unethical
activities.
SmallBusinessPCHelp.com is not responsible for reviews, posts, pages, or
emails that are made public on any of the sites that it hosts. If you have a
problem with one of the web sites it is your responsibility to contact the
owner of the site to offer a resolution. If after this there is no
resolution. You may email SmallBusinessPCHelp.com, however by doing this it
is not an acknowledgement of responsibility. We are not required to help you
in this process whatsoever.
III. Refusal or discontinuation of service
SmallBusinessPCHelp.com reserves the right to refuse or discontinue
service to anyone at SmallBusinessPCHelp.com' sole discretion.
SmallBusinessPCHelp.com may deny you access to all or part of the service
without notice if you engage in any conduct or activities that
SmallBusinessPCHelp.com in its sole discretion believes violates any of the
terms and conditions in this agreement. SmallBusinessPCHelp.com shall have no
responsibility to notify any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences resulting from
such discontinuance or lack of notification. You agree that
SmallBusinessPCHelp.com has the right to monitor the service electronically
from time to time and to disclose any information as necessary to satisfy the
law, or to protect itself or its subscribers. SmallBusinessPCHelp.com
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this agreement.
SmallBusinessPCHelp.com also reserves the right to refuse refunds in cases
where SmallBusinessPCHelp.com believes abuse has taken place.
IV. Public Nature of Internet.
Please understand that all information submitted on the Hosting Account
shall be considered publicly accessible. Important and private information
should be protected/backed up by you. For example, we are not liable for
protection or privacy of electronic mail or other information transferred
through the Internet or any other network provider that you may use.
V. Unsolicited Electronic Mail.
You are expressly prohibited from sending unsolicited bulk mail messages
("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing
of commercial advertising, information announcements, and political tracts.
Such material may only be sent to those who have specifically requested it.
Malicious or threatening email is also prohibited. We reserve the right to
immediately deactivate your use of our service if we discover such activity.
Further, you agree to indemnify and hold us harmless from any claim resulting
from your use or distribution of electronic mail services through the service
provided through this Agreement. Anyone using our services for spamming will
be immediately subject to a $2500 cleanup/network abuse fee.
VI. Other Items.
SmallBusinessPCHelp.com servers are not to be used for the purpose of
hosting scripts or images for data collection or any other purpose to reduce
the load on another web host, or for any other reason. Servers are not to be
used for the hosting or serving of file downloads. Any site with traffic or
disk usage consisting more than 51% of file downloads (non html traffic) may
be suspended. Customers are not permitted to run scripts on their account
with us, to monitor connections and status's of other servers (gaming servers
for example). Customers are not permitted to get multiple accounts with
SmallBusinessPCHelp.com for the purpose of getting extra bandwidth only, to
avoid bandwidth overage charges. Customers are not permitted to host multiple
separate domains (except parked domains) on one account unless this is a
feature of their account they have ordered.
Emergency Contact Information - Call our Technical Support Hotline at
1-719-271-1444, or send an email to
techsupport@smallbusinesspchelp.com.
If contacting us via the telephone we expect to be spoken to in a
businesslike manner. If we feel you are not talking to us in a businesslike
manner, we have the right and justification to hang up. If servers are down,
you will be notified via email when the server comes up. If servers are down
for a long period of time due to network outages, we are not responsible for
actions taken against you by other entities.
If you call any other number for emergency support, you will not be
helped. If this is done on numerous occasions you will be charged a support
fee of $75.00 per incident. If you refuse to pay, your account will be
suspended and all files will become property of SmallBusinessPCHelp.com and
its Parent or Subsidiary Companies.
VII. Guaranteed Uptime.
The SmallBusinessPCHelp.com network of computers, will have a guaranteed
aggregate average uptime of 99.5% over the course of three months (90 days).
This does not include scheduled downtime for maintenance on servers, which
will be minimal, and necessary. This also doesn't include mass-network
problems such as major backbone problems.
VIII. Server Specifications
Minimum server specifications are not guaranteed on all machines, however
upon request any account will be moved to a server matching our current
minimum server specifications.
IX. TOS Updates
In the event this Terms Of Service document is updated, you will be
notified by email. If you do not accept the changes made to the Terms Of
Service, we must be notified in writing within 10 business days of the Terms
Of Service update.
X. \ No warranties
SmallBusinessPCHelp.com makes no warranties or representations of any kind
for the services being offered. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or implied,
including but not limited to warranties of title, non-infringement, or
implied warranties of merchantability or fitness for a particular purpose. No
advice or information given by SmallBusinessPCHelp.com or its agents or
employees shall create a warranty. SmallBusinessPCHelp.com provides no
warranty that the service will be uninterrupted or error free or that any
information, software or other material accessible on the service is free
from viruses or other harmful components. Under no circumstances shall
SmallBusinessPCHelp.com be liable for any direct, indirect, special,
punitive, or consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the service to
access your Web space, or to access the Internet or any part thereof, or your
or any third parties' reliance on or use of information, services, or
merchandise provided on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance. If you are
dissatisfied with SmallBusinessPCHelp.com service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole and
exclusive remedy is to discontinue using the service.
You understand that by placing information on SmallBusinessPCHelp.com
servers that such information becomes available to all Internet users and
that SmallBusinessPCHelp.com has no way of limiting or restricting access to
such information or protecting such information from copyright infringement.
You assume total responsibility and risk for your use of
SmallBusinessPCHelp.com servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of all
opinions, advice, services and other information, and the quality and
merchantability of all merchandise provided through SmallBusinessPCHelp.com
or on the Internet generally.
Your use of the service is at your sole risk. SmallBusinessPCHelp.com is
not responsible for files and data residing on your account. You agree to
take full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on SmallBusinessPCHelp.com
servers.
You agree not to interfere with the operation of the system. You further
agree not to interfere with the proper operation of other systems reachable
through the Internet, including any attempt at unauthorized access. You agree
to adhere to system policies as published by SmallBusinessPCHelp.com,
including restrictions on services available with each service type,
restrictions on certain features, and all other policies. You agree to abide
by any and all future SmallBusinessPCHelp.com policy decisions.
SmallBusinessPCHelp.com reserves the right to monitor any and all
communications through or with our facilities. You agree that
SmallBusinessPCHelp.com is not considered a "secure communications medium"
for the purposes of the ECPA, and that no expectation of privacy is afforded.
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