SOUTHEAST WEB GROUP HOSTING
TERMS OF SERVICE
ONLINECOMPUTERREPAIR.COM TERMS OF SERVICE
SECURE SHOPPING POLICY
The use of services from Southeast Web
Group [hereafter referred to as "Southeast Web
Group"] constitutes agreement to these terms.
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.
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.
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")
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.
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.
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.
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.
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 | OnlineComputerRepair.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. 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, OnlineComputerRepair.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 OnlineComputerRepair.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 ONLINECOMPUTERREPAIR.COM. ONLINECOMPUTERREPAIR.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 SECURE SHOPPING
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