User Agreement
This User Agreement ("Agreement")
is an agreement between PCForce.BIZ ("PCForce.BIZ") and the party set forth
in the related order form incorporated herein by reference (together with
any subsequent order forms submitted by Customer, the "Order Form"), and applies
to the purchase of all services (collectively, the "Services") ordered by
Customer on the Order Form. Such party is referred to in this Agreement as
"Customer" or "you".
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON
THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS
AGREEMENT, INCLUDING PCForce.BIZ'S USAGE POLICY. YOUR USE OF THE SERVICES
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
PCForce.BIZ reserves the right to reject this Agreement for any reason or
no reason, prior to acceptance thereof by PCForce.BIZ. Activation of the Services
shall indicate PCForce.BIZ's acceptance of this Agreement. Subject to the
terms and conditions of this Agreement, PCForce.BIZ will provide to Customer
the Services selected by Customer set forth on the Order Form.
1. Usage Policy
Under this Agreement, Customer shall comply with PCForce.BIZ's then current
"Usage Policy", as amended, modified or updated from time to time by PCForce.BIZ,
which currently can be viewed at http://www.PCForce.BIZ/policy.html,
and which is incorporated in this Agreement by reference. Customer hereby
acknowledges that it has reviewed the Usage Policy and that the terms of the
Usage Policy are incorporated herein by reference. In the event of any inconsistencies
between this Agreement and the Usage Policy, the terms of the Usage Policy
shall govern. PCForce.BIZ does not intend to systematically monitor the content
which is submitted to, stored on or distributed or disseminated by Customer
via the Service (the "Customer Content"). Customer Content includes content
of Customer's customers and/or users of Customer's website. Accordingly, under
this Agreement, you will be responsible for your customers content and activities
on your website. Notwithstanding anything to the contrary contained in this
Agreement, PCForce.BIZ may immediately take corrective action, including removal
of all or a portion of the Customer Content, disconnection or discontinuance
of any and all Services, or termination of this Agreement in the event of
notice of possible violation by Customer of the Usage Policy. In the event
PCForce.BIZ takes corrective action due to a violation of the Usage Policy,
PCForce.BIZ shall not refund to Customer any fees paid in advance of such
corrective action. Customer hereby agrees that PCForce.BIZ shall have no liability
to Customer or any of Customer's customers due to any corrective action that
PCForce.BIZ may take (including, without limitation, disconnection of Services).
2. Amendment
PCForce.BIZ may amend, modify or update this Agreement or the Usage Policy
at any time in its sole discretion, and Customer shall be bound by any such
amendment, modification or update. PCForce.BIZ may, but is under no obligation
to, provide notice of any amendment, modification or update of this Agreement
or the Usage Policy. Any modification is effective on the earlier of two days
after posting on PCForce.BIZ's website or two days after the sending of a
notice by PCForce.BIZ to Customer by email or conventional mail. If any material
modification to this Agreement or the Usage Policy is unacceptable to you,
you may terminate your subscription as provided in Section 3. However, if
you do not terminate the Agreement, or if you continue to use the Services
following effectiveness of the modification, your continued use will mean
that you have accepted that modification. PCForce.BIZ reserves the right to
amend its service offerings and add, delete, suspend or modify the terms and
conditions of the Services at any time and from time to time, and to determine
whether and when any such changes apply to both existing and future customers.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the Order Form
(the "Initial Term"). The Initial Term shall begin upon commencement of the
Services to Customer. After the Initial Term, this Agreement shall automatically
renew for successive terms of equal length as the Initial Term, unless terminated
or cancelled by either party as provided in this section. The Initial Term
and all successive renewal periods shall be referred to, collectively, as
the "Term".
This Agreement may be terminated
(i) by PCForce.BIZ in the event of nonpayment by Customer, (ii) by PCForce.BIZ,
at any time, without notice, if, in PCForce.BIZ's judgment, Customer is in
violation of any term or condition of the Usage Policy or Customer's use of
the Service disrupts or, in PCForce.BIZ's judgment, could disrupt, PCForce.BIZ's
business operations and (iii) by PCForce.BIZ in accordance with Sections 1,
8, and 9 of this Agreement.
If PCForce.BIZ cancels this Agreement prior to the end of the Term
or you cancel this agreement prior to the end of the Term, PCForce.BIZ shall
not refund to you any fees paid in advance of such cancellation and (i) you
shall be obligated to pay all fees and charges accrued prior to the effectiveness
of such cancellation, (ii) you shall be obligated to pay 100% of all charges
for all Services for each month remaining in the Term.
Other Service Limitations: For security reasons,
we don't allow IRC bots or pretty much anything else to do with IRC to run
on our systems. If we get spam complaints against your account, we will first
charge you $10 per complaint, but if excessive spamming persists we will termination
your account. Even spamming from a system not on PCForce.BIZ, TCS can cause
your account to be terminated as we don't like to harbor spammers. Please
send your spam complaints to us at support@PCForce.BIZ and we will take
care of the problem. Please note that due to the large amount of complaints
we normally get from just one spam, it is unlikely that you will get a personal
reply when you complain about a spammer, however the spammer will be punished.
PCForce.BIZ, TCS customers can send copies of known spammers to support@PCForce.BIZ
and we will consider adding those companies to our filters.
4. Billing and Payment
Payment Policy
Setup Fee
The setup fee is required before service is activated, if applicable.
The setup fee and domain name registration fee are non-refundable.
Hosting Fees
The minimum contract is 1 Year unless otherwise stated and arranged.
All services are on a yearly basis only. There are no month-to-month prepayment programs.
Full payment of the setup fee, if applicable, and, if the account is not a domain transfer, the domain name registration fee, are required before any hosting service is rendered.
No bills or invoices will be sent to clients.
Payment Method - Credit Card
PCForce.BIZ accepts payments only through PAYPAL
Policy Changes
PCForce.BIZ reserves the right to change prices at any time.
All monetary transactions will occur in £UK Pounds Stirling.
Additional Features
Additional features such as disk space and email can be added at any time and are billed yearly.
Yearly additional feature prices are not prorated.
Add on costs are non-refundable regardless of whether the service was used.
Renewal and Billing Schedule
PCForce.BIZ will contact you about the renew of your account when the time comes.
5. PCForce.BIZ as Reseller
or Licensor.
PCForce.BIZ is acting only as a reseller or licensor of the hardware, software
and equipment used in connection with the products and/or Services that were
or are manufactured or provided by a third party ("Non-PCForce.BIZ Product").
PCForce.BIZ shall not be responsible for any changes in the Services that
cause the Non-PCForce.BIZ Product to become obsolete, require modification
or alteration, or otherwise affect the performance of the Services. Any malfunction
or manufacturer's defects of Non-PCForce.BIZ Product either sold, licensed
or provided by PCForce.BIZ to Customer or purchased directly by Customer used
in connection with the Services will not be deemed a breach of PCForce.BIZ's
obligations under this Agreement. Any rights or remedies Customer may have
regarding the ownership, licensing, performance or compliance of Non-PCForce.BIZ
Product are limited to those rights extended to Customer by the manufacturer
of such Non-PCForce.BIZ Product. Customer is entitled to use any Non-PCForce.BIZ
Product supplied by PCForce.BIZ only in connection with Customer's permitted
use of the Services. Customer shall use its best efforts to protect and keep
confidential all intellectual property provided by PCForce.BIZ to Customer
through any Non-PCForce.BIZ Product and shall make no attempt to copy, alter,
reverse engineer, or tamper with such intellectual property or to use it other
than in connection with the Services. Customer shall not resell, transfer,
export or re-export any Non-PCForce.BIZ Product, or any technical data derived
therefrom, in violation of any applicable United States or foreign law.
6. IP Address Ownership.
If PCForce.BIZ assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall belong only to
PCForce.BIZ, and Customer shall have no right to use that Internet Protocol
address except as permitted by PCForce.BIZ in its sole discretion in connection
with the Services, during the term of this Agreement. PCForce.BIZ shall maintain
and control ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by PCForce.BIZ, and PCForce.BIZ reserves the right
to change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion.
7. Caching.
Customer expressly (i) grants to PCForce.BIZ a license to cache the entirety
of the Customer Content and Customer's website, including content supplied
by third parties, hosted by PCForce.BIZ under this Agreement; and (ii) agrees
that such caching is not an infringement of any of Customer's intellectual
property rights or any third party's intellectual property rights.
8. CPU Usage.
Customer agrees that Customer shall not use excessive amounts of CPU processing
on any of PCForce.BIZ's servers. Any violation of this policy may result in
corrective action by PCForce.BIZ, including assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken in PCForce.BIZ's sole and absolute
discretion. If PCForce.BIZ takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid in advance prior
to such action.
9. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed the number
of megabytes per month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). PCForce.BIZ will monitor Customer's bandwidth and disk
usage. PCForce.BIZ shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which actions may
be taken in PCForce.BIZ's sole and absolute discretion. If PCForce.BIZ takes
any corrective action under this section, Customer shall not be entitled to
a refund of any fees paid in advance prior to such action.
10. Property Rights.
PCForce.BIZ owns all right, title and interest in and to the Services and
PCForce.BIZ's trade names, trademarks, service marks, inventions, copyrights,
trade secrets, patents, know-how and other intellectual property rights relating
to the design, function, marketing, promotion, sale and provision of the Services
and the related hardware, software and systems ("Marks"). Nothing in this
Agreement constitutes a license to Customer to use or resell the Marks.
11. Customer Website; ECommerce;
Customer Warranties.
Customer shall be solely responsible for the development, operation and maintenance
of Customer's website, online store and ecommerce activities, for all products
and services offered by Customer or appearing online and for all contents
and materials appearing online or on Customer's products, including, without
limitation (i) the accuracy and appropriateness of the Customer Content and
content and material appearing in its store or on its products, (ii) ensuring
that the Customer Content and content and materials appearing in its store
or on its products do not violate or infringe upon the rights of any person,
and (iii) ensuring that the Customer Content and the content and materials
appearing in its store or on its products are not defamatory or otherwise
illegal. Customer shall be solely responsible for accepting, processing and
filling customer orders and for handling customer inquiries or complaints.
Customer shall be solely responsible for the payment or satisfaction of any
and all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality
of any customer information (including, without limitation, customer credit
card numbers) that Customer may receive as a result of its website or online
store.
Customer is responsible for keeping a copy of their most current web site
files as backup on a remote system (not on PCForce.BIZ servers). PCForce.BIZ
is not responsible for any lost files, information, or data. PCForce.BIZ does
not provide any file retrieval services.
Customer understands that system updates occur in real-time and as queued
batch processes. For example, account passwords are currently updated as queued
batch processes, therefore the update does not occur in the system instantaneously.
PCForce.BIZ reserves the right to modify the processing times at any time
without notice. If a client or PCForce.BIZ support personnel (when authorized
by client) makes any modifications to a hosting account, the client is responsible
to make sure these updates have occurred in our system.
Customer represents and warrants to PCForce.BIZ that Customer owns or has
the right to use the Customer Content and material contained therein, including
all text, graphics, sound, music, video, programming, scripts and applets,
and the use, reproduction, distribution and transmission of the Customer Content
and any information and materials contained therein does not, and will not,
(i) infringe or misappropriate any copyright, patent, trademark, trade secret
or any other proprietary right of a third party, (ii) violate any criminal
laws or (iii) constitute false advertising, unfair competition, defamation,
an invasion of privacy, violate a right of publicity or violate any other
law or regulation. Customer grants PCForce.BIZ the right to reproduce, copy,
use and distribute all and any portion of the Customer Content to the extent
needed to provide and operate the Services.
12. Disclaimer of Warranty.
Customer agrees to use all Services and any information obtained through or
from PCForce.BIZ, at Customer's own risk. Customer acknowledges and agrees
that PCForce.BIZ exercises no control over, and accepts no responsibility
for, the content of the information passing through PCForce.BIZ's host computers,
network hubs and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
ON AN AS IS, AS AVAILABLE BASIS. NONE OF PCForce.BIZ, ITS PARENT, SUBSIDIARY
OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION
PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "PCForce.BIZ PERSON")
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT PCForce.BIZPROVIDES.
NO PCForce.BIZPERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED
THROUGH THE SERVICES.PCForce.BIZ IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY
LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER
OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED
BY PCForce.BIZ. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY PCFORCE.BIZ PERSON,
WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
13. Indemnification.
Customer agrees to indemnify, defend and hold harmless PCForce.BIZ and its
parent, subsidiary and affiliated companies, and each of their respective
officers, directors, employees, shareholders and agents (each an "indemnified
party" and, collectively, "indemnified parties") from and against any and
all claims, damages, losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including, but not limited
to, reasonable attorney's fees) threatened, asserted, or filed by a third
party against any of the indemnified parties arising out of or relating to
(i) Customer's use of the Services, (ii) any violation by Customer of the
Usage Policy, (iii) any breach of any representation, warranty or covenant
of Customer contained in this Agreement or (iv) any acts or omissions of Customer.
The terms of this section shall survive any termination of this Agreement.
14. Limitation of Liability.
Customer agrees that no PCForce.BIZ Person, under any circumstances, shall
be held responsible or liable for situations where the Services are accessed
by third parties through illegal or illicit means, including situations where
such data is accessed through the exploitation of security gaps, weaknesses
or flaws (whether known or unknown to PCForce.BIZ at the time) which may exist
in the Services or PCForce.BIZ's equipment used to provide the Services.
Under no circumstances, including negligence, shall any PCForce.BIZ Person
be liable for any indirect, incidental, special, consequential or punitive
damages, or loss of profits, revenue, data or use by Customer, any of its
customers, any Reseller Customer or any other third party, whether in an action
in contract or tort or strict liability or other legal theory, even if PCForce.BIZ
has been advised of the possibility of such damages. No PCForce.BIZ Person
shall be liable to Customer, any of its customers, any Reseller Customer or
any other third party, for any loss or damages that result or are alleged
to have resulted from the use of or inability to use the Services, or that
results from mistakes, omissions, interruptions, deletion of files, loss of
data, errors, viruses, defects, delays in operations, or transmission or any
failure of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to PCForce.BIZ's records,
programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, PCForce.BIZ's
maximum liability under this Agreement for all damages, losses, costs and
causes of actions from any and all claims (whether in contract, tort, including
negligence, quasi-contract, statutory or otherwise) shall not exceed the actual
dollar amount paid by Customer for the Services which gave rise to such damages,
losses and causes of actions during the 12-month period prior to the date
the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if PCForce.BIZ takes any
corrective action under this Agreement because of an action of Customer or
one if its customers or a Reseller Customer, that corrective action may adversely
affect other customers of Customer or other Reseller Customers, and Customer
agrees that PCForce.BIZ shall have no liability to Customer, any of its customers
or any Reseller Customer due to such corrective action by PCForce.BIZ.
This limitation of liability reflects an informed, voluntary allocation between
the parties of the risks (known and unknown) that may exist in connection
with this Agreement. The terms of this section shall survive any termination
of this Agreement.
15. Software NOT allowed.
The following
cannot be held on our servers
Pirated software
Hacker programs
Warez
Pornography or nudity of any kind
Copyrighted materials
ROMs
Emulators
MP3
any links/affiliations to the above
15. Force Majeure.
PCForce.BIZ shall not be liable for failure or delay in performing its obligations
hereunder if such failure or delay is due to circumstances beyond its reasonable
control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of, interruption
or delay in telecommunications or third party services (including DNS propagation),
failure of third party software or hardware or inability to obtain raw materials,
supplies or power used in or equipment needed for provision of the Services.
16. Governing Law; Jurisdiction; Arbitration.
This Agreement shall be governed in all respects by California law without
regard to the conflict of law provisions thereof. Both parties submit to personal
jurisdiction in California. Any controversy or claim arising out of, relating
to or in connection with this Agreement, or the breach thereof, shall be subject
to arbitration administered by the American Arbitration Association ("AAA")
in accordance with its then existing Commercial Arbitration Rules (collectively,
the "AAA Rules") and judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof. The place of arbitration
shall be Los Angeles, California, or any other place selected by mutual agreement
of the parties. An award rendered in connection with an arbitration pursuant
to this Section shall be final and binding upon the parties and the parties
agree and consent that the arbitral award shall be conclusive proof of the
validity of the determinations of the arbitrations set forth in the award,
and any judgment upon such an award may be entered and enforced in any court
of competent jurisdiction. The parties agree that the award of the arbitral
tribunal will be the sole and exclusive remedy between them regarding any
and all claims and counterclaims between them with respect to the subject
matter of the arbitrated dispute. The parties hereby waive all in personam
jurisdictional defenses in connection with any arbitration hereunder or the
enforcement of an order or award rendered pursuant thereto. In any legal action,
the prevailing party will be entitled to recover all legal expenses incurred
in connection with the action, including but not limited to its costs, both
taxable and non-taxable, and reasonable attorney's fees. The terms of this
section shall survive any termination of this Agreement.
17. Assignment.
Customer shall not have the right to assign this Agreement without the prior
written consent of PCForce.BIZ. This Agreement shall be binding upon and inure
to the benefit of Customer and PCForce.BIZ and their successors and permitted
assigns.
18. Entire Agreement; Severability.
This Agreement, together with the Order Form and any other documents or agreements
specifically identified in this Agreement, represents the entire agreement
between the parties, and supercedes all previous representations, understandings
or agreements. If any provision of this Agreement shall be held by a court
of competent jurisdiction to be invalid, unenforceable, or void, the remainder
of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering
this Agreement for his or her personal use and is over 18 years of age, or
a corporation, limited partnership or other legal entity, duly organized,
validly existing and in good standing under the laws of the state of its organization
and the person acting on behalf of Customer is duly authorized to accept,
execute and deliver this Agreement on behalf of Customer.
19.
Bulk Email
The
use of our network to send bulk email whether opt-in or otherwise, and the
use of bulk email to promote a site on our network is strictly forbidden.
20.
File Back-Up
Client
is solely responsible for independent backup of data stored on Provider's
service. Provider has the right to erase all files upon termination of service.
Usage
Policy
This is PCForce.BIZ's Usage Policy, which supplements the service agreement
of each user of PCForce.BIZ's services (each, a "Subscriber"). Every Subscriber
is subject to this Usage Policy, and by virtue of using PCForce.BIZ's services,
network and/or systems (collectively the "Services") agrees to be bound by
this Usage Policy. PCForce.BIZ will revise this Usage Policy from time to
time. A Subscriber's use of the Services after revisions to the Usage Policy
are posted on PCForce.BIZ's website at http://www.PCForce.BIZ, will
constitute such person's acceptance of any changes or additions to the Usage
Policy.
Subscribers violate this Usage Policy when they (or their affiliates or customers)
engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of privacy,
rights of publicity or other personal rights is prohibited. PCForce.BIZ is
required by law to remove or block access to content appearing on or through
the Services upon receipt of proper notice of copyright infringement (see
"Copyright Infringement Notice Information" below).
Spamming
PCForce.BIZ has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited
commercial email). This policy protects our customers as well as the Internet
community from the negative effects of "spam" related activity. PCForce.BIZ
defines UBE/UCE as unsolicited broadcast or commercial email that is sent
to addresses that do not affirmatively and verifiably request such material
from that specific sender.
Our Policies
1. PCForce.BIZ customers, or any user of bandwidth and/or services on our network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. PCForce.BIZ may consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion.
2. PCForce.BIZ customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.
3. PCForce.BIZ customers will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service.
4. PCForce.BIZ customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
5. Valid complaints received by PCForce.BIZ will be forwarded to the customer for a response and resolution. If within twenty-four (24) hours there is no response, PCForce.BIZ may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with PCForce.BIZ when it changes.
6. If PCForce.BIZ receives repeat complaints indicating that a problem has not been resolved, PCForce.BIZ reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours.
To report an incidence of abuse, please email abuse@PCForce.BIZ
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers, return mailing
information and/or Internet protocol addresses to conceal or misidentify the
origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan
horses, or for pinging, flooding or mailbombing, or engaging in denial of
service attacks is prohibited. It is also prohibited for any Subscriber to
engage in other activity that is intended to disrupt or interfere with, or
that results in the disruption of or interference with, the ability of others
to effectively use the Services (or any connected network, system, service
or equipment) or conduct their business over the Internet.
Hacking
"Hacking" and related activities is prohibited. "Hacking" includes, but is
not limited to, the following activities: illegally or without authorization
accessing computers, accounts or networks, penetrating or attempting to penetrate
security measures, port scans, stealth scans and other activities designed
to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States and/or
violations of United States law relating to the exportation of software is
prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or otherwise
make available child pornography is prohibited. PCForce.BIZ is required by
law, and will, notify law enforcement agencies when it becomes aware of the
presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined by
PCForce.BIZ, in its sole and absolute discretion, to be illegal is prohibited.
Such illegal activities include, but are not limited to, storing, posting,
displaying, transmitting or otherwise making available ponzi or pyramid schemes,
fraudulently charging credit cards or displaying credit card information of
third parties without their consent, and failure to comply with applicable
online privacy laws. PCForce.BIZ will cooperate fully with appropriate law
enforcement agencies in connection with any and all illegal activities occurring
on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise make available
obscene, defamatory, harassing, abusive or threatening language is prohibited.
Other Activities
Engaging in any activity that, in PCForce.BIZ's sole and absolute discretion,
disrupts, interferes with or is harmful to (or threatens to disrupt, interfere
with or be harmful to) the Services, PCForce.BIZ's business, operations, reputation,
goodwill, customers and/or customer relations, or the ability of PCForce.BIZ's
customers to effectively use the Services is prohibited. Such prohibited activities
include making available any program, product or service that is designed
to or could be used to violate this Usage Policy. In addition, the failure
by a Subscriber to cooperate with PCForce.BIZ in correcting or preventing
violations of this Usage Policy by, or that result from the activity of, a
customer of the Subscriber is a violation of this Usage Policy.
In general, PCForce.BIZ does not monitor its customers' websites or activities
to determine whether they are in compliance with this Usage Policy. However,
when PCForce.BIZ becomes aware of any violation of this Usage Policy or its
User Agreement, PCForce.BIZ may take any action to stop or correct such violation,
including, but not limited to, shutting down a website, denying access to
the Services or to the Internet, and/or removing information. In addition,
PCForce.BIZ may take action against a Subscriber or a customer of such Subscriber
because of the activities of such customer. PCForce.BIZ reserves the right
to take any such action even though such action may affect other customers
of the Subscriber.
PCForce.BIZ may disclose any information in its possession, including, without
limitation, information about Subscribers, internet transmissions and website
activity in order to comply with a court order, subpoena, summons, discovery
request, warrant, statute, regulation or governmental request, to protect
PCForce.BIZ or others from harm, and/or to ensure the proper operation of
the Services. PCForce.BIZ has no obligation to notify any person, including
the Subscriber about whom information is sought, that PCForce.BIZ has provided
the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, PCForce.BIZ has adopted
a policy that provides for termination of websites hosted by PCForce.BIZ that
are found to infringe on copyrights of third parties. If a copyright holder
believes that there has been a violation of his or her copyright on a website
that is hosted by PCForce.BIZ or its subsidiaries, and the copyright holder
wants PCForce.BIZ to remove the website or disable the material in question,
PCForce.BIZ will remove the website or disable the material if the copyright
holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Refund Policy
PCForce.BIZ provides a 30 Days Money
Back Guarantee on all of its hosting plans. If you are dissatisfied with your
service for any reason, you will receive a refund (minus coverage/admin charges)
if you cancel your account within 30 days of activation.
Our refund policy does not apply to any additional items or services; this
includes but is not limited to Dedicated IP's.
Also NOT included are Domain Registration services, Dedicated Hostings, and
One-time Setup Fees.
No refunds are available after the initial 30 day period. Any request for
cancellation must be received via email
(this MUST be a real email i.e. NOT hotmail or any other FREE email service),
PM(private message) in the forums, you will receive a confirmation upon the
cancellation of your account.
This 30 day money back guarantee does not apply to any fees associated with
these accounts. Accounts cancelled/terminated by PCForce.BIZ. for violating
our Usage
Policy do not qualify for our 30 day money back guarantee. For example,
if your account is cancelled due to spamming, you will not be given any refund.
Please allow 3-4 working days for refunds to take place.
Privacy Statement
PCForce.BIZ demonstrates its commitment
to our customers' privacy by providing this statement. We will do everything
in our power to ensure your right to privacy. We are committed to developing
long lasting relationships that are built on trust. PCForce.BIZ will never
violate that trust.
Personal Data Transmissions Are Encrypted
When you order from PCForce.BIZ, all your personal information is protected.
We use Secure Sockets Layer (SSL), the industry standard, for encrypting all
personal information, including name, address and credit card numbers.
Confidentiality of Personal Information
PCForce.BIZ will never provide or sell your personal information to any third
party.
Policy Changes
While PCForce.BIZ will provide our clients with reasonable notification, PCForce.BIZ
reserves the right to change its policy at any time to meet the needs of our
customers, changing laws and new technology.
Cookie Policy Statement
PCForce.BIZ understands that many of you are concerned about cookies. We provide
this Cookie Policy Statement to let you know how we use this technology. PCForce.BIZ
uses cookies to help us improve our website and web hosting services, and
for the increased convenience of our customers.
Cookies For Improving Our Website
PCForce.BIZ uses cookies to inform us of a repeat visit. The cookie does not
store personal information, such as your name, email address, or passwords.
Cookies For Customer Account Management
PCForce.BIZ is dedicated to using the newest technologies in order to simplify
our customers' lives. As part of our web hosting package, PCForce.BIZ offers
password-protected web-based management tools. PCForce.BIZ uses cookies to
ensure customer's security and detect amount of non-usage time for automated
logoff.