'C4UI2U'
"Computers 4 U... Internet 2 U"


           

Service Agreement

I. GENERAL

1. When you use Computers 4 U, Inc internet services it constitutes your acceptance of the terms of this Agreement weather singed or not. An update of this agreement will always be hosted at www.pcs4u.com for your referal at any time. A singed copy by the account holder will be kept on file for legal reasons. Accounts held without a filed copy of signature on this agreement may be disconnected without notice.

2. Use of Computers 4 U, Inc Internet Access accounts is expressly limited to the MAC Address, Account Holders Name and Address that appears on this agreement or within Computers 4 U, Inc billing database.

3. All users are responsible for all hardware and software necessary to connect to the Computers 4 U, Inc systems and to the Internet. Our technical support department is available for installs and repairs on request and/or appointment only (additional cost do apply). All outdoor wireless equipment is given a 1 year warranty upon install at which labor charges do apply. Dialup client hardware have a 30 day warranty, at which labor does apply. Routers purchased through Computers 4 U, Inc will be given a 30 day warranty only.

4. User agrees to use the account in a manner consistent with any and all applicable state and federal laws and regulations. This agreement is made in and shall be construed under the laws of the United States and the States of West Virginia and Ohio. User expressly agrees that his account may be suspended or terminated, without notice, if the User breaches any part of this Agreement.

5. User agrees that the account is for "Unlimited USE", and NOT "Unlimited Connect Time", also known as "camping on". User agrees that failure to adhere to this condition will constitute violation of the terms of this agreement, and will permit Computers 4 U, Inc to discontinue the account and refuse reinstatement. User and Computers 4 U, Inc mutually agree that as long as the user is actually present at the computer AND ACTIVELY USING THE CONNECTION, connection time is not limited. This means no peer to peer downloading programs. Peer-to-Peer is illegal and will not be tollerated on our network. We may and will contact you upon noticed activity and can disconnect service for such activity and refuse reinstatement of your account without refund.

6. If user is less that 16 years of age, this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to the use of User's account(s).

7. User is responsible for all use of User's account(s) and confidentiality of password(s).

8. Use of "phantom", or non-existent e-mail addresses for messages sent from users of the Computers 4 U, Inc Network is strictly forbidden. Sending of anonymous e-mail messages, or posting anonymous messages on any portion of the Computers 4 U, Inc servers, including web pages, are prohibited. Mass mailing, also known as "spam", "unsolicited commercial e-mail", "junk e-mail", or "bulk e-mail" is expressly prohibited from and to the Computers 4 U, Inc servers. Use of your Computers 4 U, Inc account to engage in the practice of "mail bombing" is expressly prohibited, and will result in the cancellation of the account responsible. Participation in any illegal activity, including but not limited to false or fraudulent messages, chain letters, or other illegal solicitation or mailing is strictly prohibited, and may result in suspension of service. Customer agrees that his/her use of the service will be within the bounds of the "CAN-SPAM" law of the United States. Anyone outside our system wishing to send e-mail into our system, and therefore using our system, also agrees to abide by the terms of the "CAN-SPAM" law of the United States. Sending mail into, or viewing web pages on our system, constitutes "use" of our system, and thus agreement with the terms of this Agreement.

9. Accessing, or attempting to access another user's computer, whether a customer of Computers 4 U, Inc or otherwise, is absolutely prohibited. This includes, but is not limited to, use of programs and/or hardware to "scan" or "probe" other systems on the network, whether on the Computers 4 U, Inc  local or wide area network, or other systems out on the Internet. Any type of "hacking" of ANY system is strictly prohibited. These same prohibitions apply to any system connected to the network, whether a customer's computer or any server or other device. Computers 4 U, Inc actively monitors for such activity on the network, and when detected, the account responsible for the activity may be discontinued without warning. Such activity will NOT be tolerated.

10. Computers 4 U, Inc reserves the right to refuse service to anyone violating any of the terms of this agreement. This includes refusing service to an internal customer, as well as refusing incoming mail and/or web services to outside parties wishing to utilize our facilities. Harassment by, or to our customers is grounds for refusal of service under the terms of this Agreement. Outside parties e-mailing our customers with unwanted mail, commercial or otherwise, for which complaints are received, will be blocked from further sending to our network. Harassing e-mails, whether from or to our customers, are subject to blocking and will be reported to the proper authorities.

11. Computers 4 U, Inc reserves the right to block any incoming e-mail that it deems to be "spam", or Unsolicited Commercial E-Mail. Computers 4 U, Inc will be the sole determiner of the definition of "spam". Computers 4 U, Inc also reserves the right to block any incoming e-mails at the request of a customer if that customer files a complaint regarding such messages.

12. Computers 4 U, Inc reserves the right to block, reject and restrict p2p services or any other service for any reason we see fit to improve quality for our clients.

13. Computers 4 U, Inc reserves the right to monitor or record any traffic comming from an account holders internet connection without consent or knowledge of a third party. It can, will and may be used in a court of law for legal actions taken upon or not limited to the account holder. Computers 4 U, Inc will hand over and testify in a court of law for any legal requested information.

II. BILLING

1. User agrees to pay Computers 4 U, Inc all charges relating to the use of User's account(s) according to rates and prices published online at the time the service is used. Online rates and pricing are incorporated into this Agreement by reference.

2. Access is subject to credit limits established by the issuer of User's credit card and by Computers 4 U, Inc. We may suspend User's access to the service if User exceeds his or her credit limit unless prior arrangements have been made.

3. User is responsible for charges before service is given and Computers 4 U, Inc may apply the amount due to the User's credit card and/or account at any time.

4. Computers 4 U, Inc shall charge your account a fee of $4.95, compounded monthly, liquidated damage charge and late fee for any and all delinquent accounts. User expressly agrees that user will pay all reasonable costs of collection including court costs and reasonable attorney's fees. Accounts will be charged a seperate fee per invoice, per month on delinquent charges. Credit cards and/or debit cards will also be charged late fees when declined payment on current processing days.

5. Fees are due in advance of the period for which service is provided, and are non-refundable. Service will not be reinstated until all charges have been pre-paid in full.

6. Computers 4 U, Inc reserves the right to suspend access to service for User's account(s) for delinquent payments, rejection of charges, illegal activity, hacking, not following the TOS agreement, and/or P2P (Peer-to-peer service).

7. A returned check charge of $25.00 will apply to all checks returned by the bank for any reason, including, but not limited to insufficient funds, closed account, etc. Any account for which a returned check is received will be immediately debited for the amount of the check, and if that action causes the account to be delinquent, the account will be suspended until payment of the amount due is paid, plus the returned check fee is received.

8. User agrees that dialup numbers used to access the internet vary in location. Computers 4 U, Inc will not be responsible for long distance charges. Computers 4 U, Inc advises checking with your local phone company to see if the number you are dialing is a long distance call before using.

9. Disconnected accounts will be reactivated only with an added reconnection charge. Dialup account will billed a $4.95 reconnection fee and Wireless accounts will be billed a $24.95 reconnection fee. Accounts will not be reinstated until all past due charges and fees have been paid in full including the next months charge.

10. Computers 4 U, Inc reserves the right to allow billing discounts or refuse them. User discounts will no longer be kept track of or awarded to any account once deemed delinquent for any reason or at any period of time. Discounts are often offered to our clients for refering new clients but can not be honered in the event you do not pay your bill on time. User accounts that have been disconnected for delinquent pay loose their referal discounts.

11. WV State Tax will apply to all sales/service, debits and invoices unless proper state excempt forms have been filed the beginning of each year.

III. INTELLECTUAL PROPERTY

1. Much of the information available on the Internet is patented, copy written or trademarked and the property of the copyright, trademark or patent holder. Users must bear in mind that intellectual property laws limit the rights of Users to redistribute or commercially exploit copy written, trademarked or patented material to any third party without the express written permission of the owner(s) of the intellectual property. Computers 4 U, Inc will suspend any User's account upon receipt of notice of a User's potential or actual infringement of intellectual property laws. User agrees to indemnify and hold harmless Computers 4 U, Inc from any infringement User's potential or actual infringement of applicable intellectual property laws.

2. Computers 4 U, Inc reserves the right to monitor and record user activity for such legal actions. Computers 4 U, Inc will turn over account holders information for such activity on legal request.

IV. LIMITATION OF LIABILITY

Computers 4 U, Inc will use its best efforts to provide you, the User, with continuous, high quality Internet Access. The Internet is a decentralized network of computer systems throughout the world. There is no "system administrator" over the whole Internet, and because of the decentralized nature of the Internet, the quality and availability of any particular service or services is highly variable. As such, Computers 4 U, Inc cannot guarantee you that the particular service will always be available. We do however try our best to make you (the end user) happy! Consequently, Internet access is provided "as is" without warranty of any kind. Further, Computers 4 U, Inc does not warrant, guarantee or make any representations regarding the use, or the results of the use of the service. In the event that Computers 4 U, Inc is unable to perform any of its obligations under this Agreement because of hardware and/or software failure, natural disaster, actions or decrees of governmental bodies or communication line failure not the fault of the affected party, the party who has been so affected immediately shall give notice to the other party and where Computers 4 U, Inc is able to do so, it shall use its best efforts to resume performance. You, the User, have the sole remedy of the return of your fee for the time that all of your access to the internet service is interrupted by the failure of Computers 4 U, Inc to provide you with access to the Internet network.

V. OPERATION

1. Computers 4 U, Inc reserves the right to change, without notice, certain aspects of the Terms of Service agreement, service, including but not limited to: Access procedure, hours of operation, menu structure, commands, documentation, billing practice and services offered and/or blocked.

2. Computers 4 U, Inc reserves the right to delete User's account(s) when not accessed for more than 60 days old, or if the account is delinquent more than 30 days.

3. Computers 4 U, Inc reserves the right, at its sole discretion, to delete any information entered into the Computers 4 U, Inc system by User. Computers 4 U, Inc have the right, but are not obligated, to edit information submitted by User for storage and public access.

4. User agrees that any material submitted for publication does not violate or infringe any copyright, trademark, patent, proprietary rights of others, and does not contain anything obscene or libelous, and does not constitute a personal attack on any other person.

VI. LEGAL

1. Entire Agreement and Amendments. This Agreement contains the entire agreement of the parties and there are no representations, oral or otherwise, other than those expressly set out herein. This Agreement shall not be varied in any particular or respect except by a written instrument executed in the same manner and formality as this Agreement is executed.

2. Severability. In the event any of the provisions of this Agreement are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement. If such provision shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.

3. Use of the service constitutes your full and complete acceptance of the terms of this Agreement. If you accept ALL responsibility then sign below that you agree to the Terms of Service stated above.

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Sign your name here

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v. 1.01

Last revised on 2-17-08

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