Note: All Web Hosting / Domain users are bound by this ‘terms of service’.
The Online Computer Guy ("comp-guy.com") agrees to provide you ("User") with those services
("Service") set forth on the Application subject to User's compliance
with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY
ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SERVICE.
Credit Card Authorization:
When you give Online Computer Guy your credit card number you are authorizing us
to charge that card for our services. If you do not want your card to
be charged you must notify us indicating you want to be invoiced for payment
and you understand the cancellation policy listed below. NO EXCEPTIONS.
All billing is done via e-mail. If you make payments with cash or check
you will receive a statement 20 days prior to the next due date.
Accounts that become thirty days past due will be automatically placed
Credit Card Chargebacks:
Chargebacks without consulting with our billing department will be charged
a fee of $20.00 plus the amount of chargeback and sent to our collection
A customer may terminate their account with Online Computer Guy by providing notification
to Online Computer Guy of their intent to terminate via the following procedures:
-via e-mail to firstname.lastname@example.org
There are no refunds on pre-paid accounts, special
offers or accounts that have not been terminated prior to the due date.
-via U.S. Postal Service to:
Online Computer Guy
Attention: Customer Support/Cancellations
Post Office Box 2053
Lodi, CA 95241-2053
Notification of termination must include login name, password, and the
effective date of termination of the account. The written notification
of termination must be received by Online Computer Guy for month-to-month accounts
no less than 10 business days prior to the next billing cycle to be effective
on the last day of the current billing cycle. User must ask and receive
their CANCEL CONFIRMATION NUMBER for the request to be effective.
Accounts that are not terminated in accordance with the above procedures shall
remain active and shall continue to incur monthly service charges until
Right to Cancel: Online Computer Guy reserves the right to cancel Service for any
reason without prior notice. Online Computer Guy will not refund any shipping, setup,
sign up, or handling fees. Cancellations after due date will be charged
for that service period.
Warranty Disclaimer: THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE
AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Online Computer Guy exercises no control whatsoever over the content of the information
passing through Online Computer Guy's system. Use of any information obtained via
Online Computer Guy is at User's risk. Neither Online Computer Guy nor any of its affiliates,
its licensers, its contractors or their respective employees warrants
that the Service will be uninterrupted or neither error free; nor does
Online Computer Guy make any warranty as to the results from use of the Service.
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, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE
OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Online Computer Guy,
ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER Online Computer Guy NOR ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS,
WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL Online Computer Guy, ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE
THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE
OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER
FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN THE EVENT Online Computer Guy IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, Online Computer Guy's LIABILITY SHALL BE LIMITED TO THE
UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE
If User is dissatisfied with the Service or with any terms, conditions,
rules, policies, guidelines or practices of Online Computer Guy in operating the
Service, User's sole and exclusive remedy is to discontinue using the
Indemnification: Notwithstanding anything to the contrary herein contained,
User agrees to indemnify and hold Online Computer Guy, its affiliates, its licensers,
its contractors or their respective employees harmless against any and
all liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation incurred or suffered
by Online Computer Guy, its licensers, its affiliates, its contractors, or their
respective employees as the result of any and all use of User's account
whether authorized or not authorized or as a result of the negligence,
willful misconduct, or breach of any of the terms of this Agreement by
User, including but not limited to claims, liabilities, losses, damage,
judgment and expense which arise out of alleged injury or death of any
person or damage to property of every kind and description. User shall
promptly notify Online Computer Guy in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense
of any such claim. User and Online Computer Guyshall confer as to and agree on the
legal counsel(s) to be selected in any such defense.
Sexually Explicit Materials: User understands that the Internet contains
unedited materials some of which are sexually explicit or may be offensive.
User accesses such materials at his or her own risk. Online Computer Guy has no control
over and accepts no responsibility whatsoever for such materials.
Prohibited Uses: User may not restrict or inhibit any other users from
using and enjoying the Internet. Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise
objectionable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any local, state, national or international law, including without limitation
the U.S. export control laws and regulations; post on web space any sexually
explicit materials or materials that may be offensive. Post or transmit
any information or software which contains a virus, cancelbot, trojan
horse, worm or other harmful component. Post, publish, transmit, reproduce,
distribute or in any way exploit any information, software or other material
obtained through the Service for commercial purposes (other than as expressly
permitted by the provider of such information, software or other material).
Upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service which
is protected by copyright, or other proprietary right, or derivative works
with respect thereto, without obtaining permission of the copyright owner
or right holder; upload, post, publish, transmit, reproduce, transmit
or distribute in any way any component of the Service itself or derivative
works with respect thereto; send unsolicited advertising or promotional
materials to other network users (See section titled "MESSAGING"); allow
users to run Maillist, Listserv or any form of auto-responds from User's
account; run or activate processes while User is not logged in; violate
the security of any computer network, crack passwords or security encryption
codes, transfer or store illegal material including that deemed threatening
or obscene, or engage in any kind or illegal activity; attempt to defeat
any idle timer or system tool intended to enforce the part-time and personal
nature of User's connection, including the use of pingbots and other methods
of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP
SERVICES"); or violate any of the rules, regulations and policies of those
networks and computer systems accessed via User's account.
Online Computer Guy has no obligation to monitor the Service. However, User agrees
that Online Computer Guy has the right to monitor the Service electronically from
time to time and to disclose any information as may be necessary to satisfy
any law, regulation or other governmental request, to operate the Service
properly, or to protect itself or its subscribers. Online Computer Guy will not intentionally
monitor or disclose any private E-mail message unless required by law.
Online Computer Guy reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole and absolute discretion,
are unacceptable, undesirable, or in violation of this Agreement. Online Computer Guy
reserves the right to suspend access to the Service for User's account.
The account's suspension may be rescinded within the sole and absolute
discretion of Online Computer Guy following payment of a reconnection charge, to
be determined by Online Computer Guy in its sole and absolute discretion.
Unauthorized Use of Relay Servers: User agrees that any unauthorized use
of any email server located throughout the Internet for the purposes of
relaying or distributing messages is prohibited.
Fraudulent Addressing: User agrees that the purposeful distribution of
any email message where the return address, originator's address, or any
other identifiable aspect of the message has been purposefully altered
is prohibited. User may not purposefully misrepresent the origination
information of any email messages sent while using the Online Computer Guy service.
Fraudulent Content: User agrees to be held responsible for the distribution
of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
No Confidentiality: Information transmitted through Online Computer Guy and through
the Internet in general is not confidential. Online Computer Guy
can not and shall
not guarantee privacy or protection of any User. Online Computer Guy reserves the
right to monitor any User's transmissions when deemed necessary for providing
proper service and/or to protect the rights and property of Online Computer Guy.
Purchases on the Service: If User wishes to make purchases on the Service,
User may be asked by the merchant or information or service provider from
whom User is making the purchase to supply certain information, including
credit card or other payment mechanism information. User agrees that all
information User may provide any merchant or information or service provider
on the Service for purposes of making purchases shall be accurate, complete
and current. The merchants and information and service providers offering
merchandise, information and services on the Service set their own prices
and may change prices or institute new prices at any time. User agrees
to pay all charges incurred by users of User's account and credit card
or other payment mechanism at the prices in effect when such charges are
incurred. User shall also be responsible for paying any applicable taxes
relating to purchases on the Service.
No System Backup: Online Computer Guy does not and will not perform system backups
on any User's e-mail account(s). Online Computer Guy shall not be held responsible
for any lost e-mail data, email attachments, or any e-mail message contents,
regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, Online Computer Guy will not provide historical data,
to any party for any reason, regarding any system or Internet activity.
Online Computer Guy does not and will not perform system backups on any User's personal
web site account(s). Online Computer Guy shall not be held responsible for any lost
web data, web files, or any web site contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein,
Online Computer Guy will not provide historical data, to any party for any reason,
regarding any system or Internet activity.
Failure to Comply With Terms and Conditions: Online Computer Guy may deny User access
to all or part of the Service without notice if User engages in any conduct
or activities that Online Computer Guy in its sole discretion believes violates any
of the terms and conditions in this Agreement. If Online Computer Guy denies User
access to the Service because of such a violation, User shall have no
right (1) to access through Online Computer Guy any materials stored on the Internet,
(2) to obtain any credit(s) otherwise due to User, and such credit(s)
shall be forfeited, (3) to access third party services, merchandise or
information on the Internet through Online Computer Guy, and Online Computer Guy shall have
no responsibility to notify any third-party providers of services, merchandise
or information nor any responsibility for any consequences resulting from
lack of notification.
User agrees to notify Online Computer Guy if User moves or otherwise changes his
or her mailing address or phone number, and to list a truthful name, postal
address and telephone number on the forms User supplies to Online Computer Guy.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the parties
and the remainder of the provisions shall remain in full force and effect.
Online Computer Guy's failure to insist upon or enforce strict performance of any
provisions of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between parties nor
trade practice shall act to modify any provision of this Agreement.
Online Computer Guy may modify this Agreement from time to time by placing a notice
of such modification on our website, and User's continued use of the Service
following notice of such modification shall be deemed to be User's acceptance
of any such modification. It is User's responsibility to check this online
area regularly to determine whether this Agreement has been modified.
If User does not agree to any modification of this Agreement, User must
immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the
laws of the State of Nevada USA without regard to its conflicts of law
provisions. Any cause of action User may have with respect to the Service
must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
Online Computer Guy shall not be liable or deemed to be in default for any delay
or failure in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or military authority,
acts of public enemy, terrorism, war, riots, civil disturbances, insurrections,
accidents, explosions, earthquakes, floods, the elements, strikes, labor
disputes, shortages of suitable parts, materials, labor or transportation
or any cause beyond the reasonable control of Online Computer Guy.
Venue for litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or the breach
thereof, naming Online Computer Guy as the defendant, shall be proper only in a venue
determined by Online Computer Guy.
In any action between Online Computer Guy and User to enforce any of the terms of
this Agreement, Online Computer Guy shall be entitled to recover expenses, including
reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and Online Computer Guy
with respect to the Service.