Terms of Service - Secure Shopping Policy - Privacy Policy

SOUTHEAST WEB GROUP HOSTING
TERMS OF SERVICE
Online Compute Repair .com TERMS OF SERVICE
SECURE SHOPPING POLICY
PRIVACY POLICY
The use of services from Southeast Web
Group [hereafter referred to as "Southeast Web
Group"] constitutes agreement to these terms.
ONLINE COMPUTER REPAIR TERMS OF SERVICE
1- By accepting service from Southeast Web Group you are
acknowledging that you have read and understand these
terms and conditions and agree to all these terms below.
YOU AGREE TO THESE REPAIR TERMS AND ALL APPLICABLE
SERVICE AND DIAGNOSTIC FEES.
2- You have requested service from Southeast Web Group |
Online Compute Repair .com, hereafter referred to as
“SWG\OCR”. SWG|OCR will diagnose and service your
computer for an applicable fee as described in Paragraph
3 below.
3- Services and Diagnostic Fee. SWG|OCR will attempt to
determine, diagnose and repair your computer via remote
repair for an applicable fee. Sometimes a successful
repair is not possible due to problems with your
computer or its configuration. In these situations we
may be unable to complete the necessary services or
resolve the problem to complete the repair of your
computer and/or digital technology. In these cases
SWG|OCR is not liable for incomplete repairs but will
issue a full refund within 24 hours upon notification.
4- Payment/Refunds. Payment is due via major credit card
prior to, during or immediately following the completed
repair, at the discretion of the technician or customer
service representative. Should it be determined in
the course of the performance of diagnostics that the
problems on your computer is hardware based, SWG|OCR
will notify you of same and you may be required to
obtain hardware at the request of the technician. In
these cases, your repair order will remain open for 30
days to allow you time to obtain the hardware to
complete the service. Failure to obtain the hardware
does not allow us the ability to repair your computer
and therefore forfeits your right to a refund. A
Windows installation disk may be required to repair some
systems. If this is the case you will be notified
and your repair order will remain open for 30 days to
allow you time to order and receive the cd from your
manufacturer. Failure to obtain the cd does not
provide us the tools to fix your computer and therefore
forfeits your right to a refund. Some instances,
although rare, may require a reinstall of your operating
system. We will allow you 7 days to obtain the
necessary disks, if you do not have them, and will
provide telephone support for the operating system
install. You acknowledge that no antivirus
software is 100% protection. Exclusive of the aforementioned
exclusions if we don't fix the issue with your computer,
and you notify us of same within 30 days, (7 days on
malware) your monies will be refunded after we connect
to verify the issue and attempt repair at no charge to
you. Failure to allow us the opportunity to
attempt to repair and verify the situation exists
forfeits your right to a refund. Failure to abide
by the recommendations of the technician prohibits us
from making the repair and therefore forfeits your right
to a refund.
5-Transfer or Installation Services. Unless otherwise
agreed, SWG|OCR is not liable for and you agree to hold
SWG|OCR harmless from any and all damages, costs, and
expenses incurred as the result of any defect or damage
to any software or data residing or recorded in your
computer, whether incurred during the course of SWG|OCR
services or otherwise. If service involves transferring
information or installing software, you represent that
you have the legal right to copy the information, to use
the software and agree to the terms of the software
license, and you authorize SWG|OCR to transfer the
information and accept such terms on your behalf in
performing the service.
6-Warranty. In servicing your computer,
Online Compute Repair .com warrants that service will be
performed to the best of our ability. All services with
the exception of malware removal are warranted for a
period of 30 days at the discretion of
Online Compute Repair .com. Virus and malware
refunds and warranty apply to fixing the same
virus/malware again for a period of 7 days from initial
repair and do not apply to new viruses or malware
received/infected after our initial service date.
7-THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
AND ALL SERVICES PERFORMED BY Online Compute Repair .com.
Online Compute Repair .com SPECIFICALLY DISCLAIMS ANY AND
ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WHETHER EXPRESS OR IMPLIED. IF SWG\OCR CANNOT LAWFULLY
DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY,
ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
LIMITED IN DURATION TO THE DURATION OF THE EXPRESS
LIMITED WARRANTY ONLY.
8-Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR
WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED,
SWG|OCR HAS NO LIABILITY FOR THE COST OF REPAIR OF THE
AFFECTED COMPUTER. SWG|OCR ENTIRE LIABILITY TO YOU FOR
DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT
TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO SWG'S
ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED
TO THE AMOUNTS THAT YOU PAY SWG|OCR FOR SUCH SERVICE.
SWG|OCR HAS NO LIABILITY WHATSOEVER FOR INDIRECT,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE,
OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY
PERMITTED UNDER THIS AGREEMENT. SWG|OCR EXPRESSLY HAS NO
LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE
APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY
UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK
RECOVERY OF DAMAGES AGAINST SWG|OCR IN AN AMOUNT NOT TO
EXCEED WHAT YOU PAID SWG|OCR FOR THE SERVICE.
9-Data Protection. You agree and understand that it is
your (the customer's) responsibility to maintain copies
of ALL data on your computer, and to obtain such copies
prior to authorizing SWG|OCR to commence its services
for you.
10-This agreement shall be construed under the laws of
the State of Georgia. In the event any dispute arises
under this agreement or in any manner concerning the
subject matter thereof, the parties agree that any such
dispute shall be subject to binding arbitration only,
and the parties expressly waive any and all rights they
may have to otherwise proceed with such dispute
resolution in a court of law.
11-Any and all binding arbitration proceedings shall be
undertaken as "fast track" proceedings and shall only be
commenced in Gwinnett County, Georgia. Each party shall
bear its own costs and expenses of such proceedings,
including any and all resulting attorney fees; provided,
however, that the prevailing party in such proceedings
may have the right to recover attorney fees against the
opposing party if such fees are otherwise recoverable in
disputes of that type under the laws of the State of
Georgia. This paragraph is intended to be and shall be
construed as a forum selection clause, and the parties
agree to bound hereto.
By signing up for SWG|OCR online computer repair service
you agree that you have made a backup copy of all data
on your computer and that this is your responsibility.
SWG|OCR staff, partners or affiliates are not
responsible for lost, missing, unrecoverable or damaged
data.
I, (customer) agree that I am of legal age and agree and
accept service from Southeast Web Group. By clicking the
link to launch the session I will accept service from
Southeast Web Group and acknowledging that I have read
and understand these terms and conditions and agree to
all these terms. I AGREE TO THESE REPAIR TERMS AND ALL
APPLICABLE SERVICE AND DIAGNOSTIC FEES.
SOUTHEAST WEB GROUP WEB HOSTING TERMS OF SERVICE
1.) Account Setup / Email on file
We will setup your account after we have received
payment and we and/or our payment partner(s) have
screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which
is not @ the domain(s) you are signing up under. If
there is ever an abuse issue or we need to contact you,
the primary email address on file will be used for this
purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times.
Providing false contact information of any kind may
result in the termination of your account. In dedicated
server purchases or high risk transactions, it will be
necessary to provide government issued identification
and possibly a scan of the credit card used for the
purchase. If you fail to meet these requirements, the
order may be considered fraudulent in nature and be
denied.
Transfers
Our transfers team will make every effort to help you
move your site to us, however, we can not make
guarantees of the transfer process. We provide this as a
courtesy service and can not make guarantees regarding
its availability or the amount of time it may take as
each host is configured a little differently. We will
try our best, however, in some cases we may be unable to
assist you in a transfer of data from an old host.
2.) Content
All services provided by Southeast Web Group may only be
used for lawful purposes. The laws of the State of
Florida, the State of Georgia, and the United States of
America apply.
The customer agrees to indemnify and hold harmless
Southeast Web Group from any claims resulting from
the use of our services.
Use of our services to infringe upon any copyright or
trademark is prohibited. This includes but is not
limited to unauthorized copying of music, books,
photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark
holder will result in the immediate termination of your
account. If you believe that your copyright or trademark
is being infringed upon, please email Southeast Web
Group with the information required. A list of
required information may be found here. If the request
is of a licensing issue, we may require further
documentation.
Examples of unacceptable material on all Shared Servers
include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software
/ Warez, image, filedump, or banner-ad services (similar
to rapidshare, photobucket, or commercial banner ad
rotation), topsites, commercial audio streaming (more
than one or two streams), locally hosted chat scripts,
Escrow, High-Yield Interest Programs(HYIP) or related
sites, Investment sites (FOREX, egold exchange), sale of
any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank Debentures,
Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal
activities, IP Scanners, Brute Force Programs, Mail
Bombers and Spam Scripts.
We reserve the right to refuse service to anyone. Any
material that, in our judgment, is obscene or
threatening is prohibited and will be removed from our
servers with or without notice.
Failure to respond to email from our abuse department
within 48 hours may result in the suspension or
termination of your services. All abuse issues must be
dealt with via trouble ticket/email and will have a
response within 48 hours.
If in doubt regarding the acceptability of your site or
service, please contact us and we will be happy to
assist you.
Potential harm to minors is strictly forbidden,
including but not limited to child pornography or
content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to
child pornography will be suspended immediately without
notice.
Direct customers: Your services will be terminated with
or without notice.
Violations will be reported to the appropriate law
enforcement agency.
It is your responsibility to ensure that
scripts/programs installed under your account are secure
and permissions of directories are set properly,
regardless of installation method. When at all possible,
set permissions on most directories to 755 or as
restrictive as possible. Users are ultimately
responsible for all actions taken under their account.
This includes the compromise of credentials such as
username and password. It is required that you use a
secure password. If a weak password is used, your
account may be suspended until you agree to use a more
secure password. Audits may be done to prevent weak
passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you
and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of
unsolicited e-mail, bulk emailing, and spam. "Safe
lists" and "double opt-in" will be treated as spam. Any
user who sends out spam will have their account
terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be
hosted on our servers. This provision includes, but is
not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or
entity listed in the ROKSO may be hosted on our servers.
Any account which results in our IP space being
blacklisted will be immediately suspended and/or
terminated.
Southeast Web Group reserves the right to require
changes or disable as necessary any web site, account,
database, or other component that does not comply with
its established policies, or to make any such
modifications in an emergency at its sole discretion.
Southeast Web Group reserves the right to charge the
holder of the account used to send any unsolicited
e-mail a clean up fee. This cost of the clean up fee is
entirely at the discretion of Southeast Web Group.
No refunds are given for violation of the spamming
policy.
4.) Payment Information
You agree to supply appropriate payment for the services
received from Southeast Web Group, in advance of the
time period during which such services are provided. You
agree that until and unless you notify Southeast Web
Group of your desire to cancel any or all services
received, those services will be billed on a recurring
basis.
Cancellations must be done in writing via a support
ticket to the Billing Department within the Southeast
Web Group Client Area. Once we receive your cancellation
and have confirmed all necessary information with you,
we will inform you that your account has been canceled.
At this time, your account with us has been canceled. If
you do not hear back from us or receive a response
confirming this cancellation, please contact us
immediately. Southeast Web Group may (but is not
obligated to) refund to you all pre-paid fees for basic
hosting services for the full months remaining after
effectiveness of cancellation (i.e., no partial month
fees shall be refunded), less any setup fees,
cancellation fees, and any discount applied for
prepayment, provided that, you are not in breach of any
terms and conditions of this User Agreement,
Anti-Spamming Policy or Domain Policy; and/or we may
charge you one hundred percent (100%) of all charges for
all Services for each month remaining in the Term (other
than basic hosting fees as provided above).
As a client of Southeast Web Group, it is your
responsibility to ensure that your payment information
is up to date, and that all invoices are paid on time.
Any invoice that is overdue for 10 days and not paid
will result in a $10 late fee and/or an account
suspension until account balance has been paid in full.
Invoices that have been paid more than once with
multiple Paypal Subscriptions can only be added as
credit towards the account and cannot be refunded via
Paypal. If you require assistance with this provision,
please contact Southeast Web Group.
Southeast Web Group reserves the right to change the
monthly payment amount and any other charges at anytime.
A major credit card must be kept on file. No
checks are accepted effective August 1, 2008.
Failure to keep a current credit card on file will
result in suspension/revocation of services.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Southeast
Web Group
is not responsible for files and/or 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 Southeast
Web Group servers.
6.) Cancellations and Refunds
Southeast Web Group reserves the right to cancel the
account at any time with or without notice.
Any abuse of our staff in any medium or format will
result in the suspension or termination of your
services.
Customers may cancel at any time via a cancellation
form. Southeast Web Group gives you an unconditional 30
day money back guarantee on managed shared hosting,
There are no refunds on administrative fees, install
fees for custom software, or domain name purchases.
Refund requests after the initial 30 days will be
refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For
example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible
for a refund or if you have opened a second account with
us.
Violations of the Terms of Service will waive the refund
policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then
90 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts, FTP,
PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at
any point in time on the server. This includes any and
all daemons, such as IRCD.
c) Run any type of web spider or indexer (including
Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
Please note that you may link to torrents off server,
but may not host or store them.
f) Participate in any file-sharing/peer-to-peer
activities
g) Run any gaming servers such as counter-strike,
half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15
minutes
When using PHP include functions for including a local
file, include the local file rather than the URL.
Instead of include("http://yourdomain.com/include.php")
use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account
may potentially result in suspension. Accounts found to
be exceeding the 50,000 inode limit will automatically
be removed from our backup system to avoid over usage.
Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds
for suspension however accounts that constantly create
and delete large numbers of files on a regular basis or
causing file system damage may cause your account to be
flagged for review.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you
purchase. Should your account pass the allocated amount
we reserve the right to suspend the account until the
start of the next allocation, suspend the account until
more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level
of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9a.) Money back Guarantee
We reserve the right to refund a prorated amount or no
refund at all.
Each of Southeast Web Group's managed shared servers
carry a 30 day unconditional money back guarantee on
them. If you are not completely satisfied with our
services within the first 30 days of your service, you
will be given a full refund of the contract amount.
Remember, this is only for monthly shared packages and
does not apply to administrative fees, install fees for
custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime
that is not within the 99.9% uptime you may receive one
month of credit on your account. Approval of the credit
is at the discretion of Southeast Web Group dependant
upon justification provided. Third party monitoring
service reports may not be used for justification due to
a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server
is defined as the reported uptime from the operating
system of the server which may differ from the uptime
reported by individual services. To request a credit,
please contact Southeast Web Group with justification.
All requests must be made in writing via email. Uptime
guarantees only apply to shared solutions.
10.) Shared accounts may not resell web hosting to other
people, if you wish to resell hosting you must use a
reseller account.
11.) Price Change
The amount you pay for hosting will never increase from
the date of purchase. We reserve the right to change
prices listed on Southeast Web Group, and the right to
increase the amount of resources given to plans at any
time.
12.) Indemnification
Customer agrees that it shall defend, indemnify, save
and hold Southeast Web Group harmless from any and all
demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against
Southeast Web Group, its agents, its customers, officers
and employees, that may arise or result from any service
provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold
harmless Southeast Web Group against liabilities arising
out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection
with Southeast Web Group ; (2) any material supplied by
customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to
customers from Southeast Web Group's server.
13.) Arbitration
By using any Southeast Web Group services, you
agree to binding arbitration. If any disputes or claims
arise against Southeast Web Group or its subsidiaries,
such disputes will be handled by an arbitrator of
Southeast Web Group's choice. All decisions rendered by
that arbitrator will be binding and final. You are also
responsible for any and all costs related to such
arbitration.
14.) Disclaimer
Southeast Web Group shall not be responsible for any
damages your business may suffer. Southeast Web Group
makes no warranties of any kind, expressed or implied
for services we provide. Southeast Web Group disclaims
any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by Southeast Web Group
and its employees.
15.) Disclosure to law enforcement
Southeast Web Group may disclose any subscriber
information to law enforcement agencies without further
consent or notification to the subscriber upon lawful
request from such agencies.
We will cooperate fully with law enforcement agencies.
16.) Changes to the TOS
Southeast Web Group reserves the right to revise its
policies at any time without notice.
SOUTHEAST WEB GROUP SECURE SHOPPING
You can shop at Southeast Web Group online with
confidence. We have partnered with Authorize.Net, a
leading payment gateway since 1996, to offer safe and
secure credit card and electronic check transactions for
our customers.
The Authorize.Net Payment Gateway manages the complex
routing of sensitive customer information through the
credit card and electronic check processing networks
(see an online payments diagram). The company adheres to
strict industry standards for payment processing,
including:
*128-bit Secure Sockets Layer (SSL) technology for
secure Internet Protocol (IP) transactions.
*Industry leading encryption hardware and software
methods and security protocols to protect customer
information.
*Compliance with the Payment Card Industry (PCI) Data
Security Standard.
For additional information regarding the privacy of your
sensitive cardholder data, please read the
Authorize.Net Privacy Policy.
Southeast Web Group is registered with the Authorize.Net
Verified Merchant Seal program.
(click the logo to verify)
Online Payments
SOUTHEAST WEB GROUP PRIVACY POLICY
Our privacy policy is simple. Southeast Web Group
will not sell or release your personal information to
any third party. Your information in the client
area is only used by Southeast Web Group for billing and
managing your account with us. Your personal
information is safe and secure with Southeast Web Group.
