Computech Terms and Conditions for User Accounts
This agreement represents the complete agreement and
understanding between Seevers Computech, Inc. dba Computech System Mart,
(hereinafter called Computech) and the account holder (hereinafter called User)
and supersedes any other written or oral agreement. Upon notice published
on-line via Computech, Computech may modify these terms and conditions, amplify
them, and/or modify the prices, as well as discontinue or change the services
If you do not agree to these terms and conditions, please notify our customer service department at (614) 687-6210 so we may initiate the termination of your user account. If you have any questions about the Computech Terms and Conditions for Use, please call the Computech customer service department.
Section #1 - Provision of Services
1.1 Computech will provide services on its computing and network systems to individual Users in exchange for payment of fees and compliance with the terms and conditions of this document.
1.2 Computech services are defined as the use by the User of computing, telecommunications, Computech software, and information services provided by Computech. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Internet.
1.3 Computech may also provide computer software and programs with its user accounts. However, Computech does not provide a warranty, either expressed or implied, as to the usability or behavior of these programs.
1.4 Computech provides access to the USENET discussion groups (newsgroups). Some of the discussions contain language, pictures or other material about subjects intended for Adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.
1.5 Computech provides connectivity to the Internet and allows personal web pages to be placed on the World Wide Web per the terms and conditions outlined in sections 2,3 and 7 of this agreement. If a web site published under a personal account utilizes an excessive amount of bandwidth (excessive shall be defined as more than 1024MB of throughput per month) Computech reserves the right to request that the account be converted to a commercial site or be removed from the system all together.
1.6 Computech will publish a notice of fee increases on-line before such increases will take effect.
Section 2 - Use of Material
2.1 Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Computech services. Account holders may also re-distribute materials in the public domain. The User assumes all risks regarding the determination of whether the material is in the public domain.
2.2 As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Computech services without the permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
2.3 Note that some materials available on the Internet are called "SHAREWARE." These materials may be downloaded and used, but they are copyrighted materials. The copyright holder usually gives permission to use the material for examination. If you choose to continue using the materials, the copyright holder requests that you register your usage and may ask that you pay a license fee.
Section 3 - Use of Services
3.1 Computech user accounts are for individual users and the User therefore agrees not to share the password of the account. The User acknowledges that Computech will terminate the account after appropriate notification if the User does not comply.
3.2 The User agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.
3.3 The User agrees not to use any process, program, or tool via Computech services for guessing the passwords of Users on Computech or other systems. The User agrees not to use Computech services to make unauthorized attempts to access the systems and networks of others.
3.4 The User agrees to use the services provided by Computech as permitted by applicable local, state, and federal laws. The User agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
3.5 The User acknowledges that Computech is a commercial entity. Computech may be used by Users to conduct legal businesses. These businesses should, however, not impinge upon the use of Computech services by other Users. Computech services should not be used to send unsolicitied advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses.
3.6 The User is permitted to establish a personal web site on Computech's server. A personal web site may not be used to do business, including but not limited to selling a product, service or good, advertising, or any other type of electronic publishing that Computech may deem to be of a commercial nature. It the User wishes to publish such a web site, it must be done using one of Computech's commercial presence accounts. Furthermore, bandwidth, or the number of visits or hits that a site take are not monitored on personal accounts; however, users who have personal sites that exhibit high usage, which shall be defined as personal web sites that transmit in excess of 1024 megebytes of data per month, may, at Computech's sole discretion, be asked to upgrade the site to a commercial account or remove the site from Computech's server.
3.7 The User acknowledges that Computech may, at its sole discretion, disable or remove any material published on a users web site, that Computech deems inappropriate. Computech may also disable a site that is experiencing excessive usage as defined in section 1.5 of this agreement, while the User is contacted to determine if the User wishes to convert the site to a commercial web site or discontinue the use of Computech's services.
Section 4 - Indemnification
4.1 The User acknowledges that Computech makes an honest effort to keep the information available on Computech's systems accurate. However, Computech can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Computech is at the risk of the User.
4.2 The User also acknowledges that the information available through the interconnecting networks may not be accurate. Computech has no ability or authority over the material. Computech can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Computech services is at the risk of the User.
4.3 The User agrees to indemnify and hold Computech harmless from any claims, including attorney's fees, resulting from the User receiving Computech services which cause direct or indirect damage to the User or another party.
Section 5 - Payment of fees and penalties
5.1 The Computech billing cycle is in 30-day periods, starting with the first day of each calendar month and ending on the last day of each calendar month. Users will be billed in advance for each months usage during the first week of each month (i.e. User would be billed during the first week of January for January's access). A Users initial billing will be prorated to put the User on the calendar month cycle (i.e. a User who signs up on the 15th of the month would be prorated and billed for the remaining 15 days of that month). After the initial billing the User would be billed on the monthly cycle.
5.2 Computech user accounts paid by cash, check, or money order are billed semi-annually (six months) or annually (twelve months) in advance. Accounts paying by cash or check will not be activated until payment is received. User will receive notice via e-mail at least two weeks prior to the expiration of the pre-payment in the form of an invoice. User must pay the invoice prior to the expiration of the account to avoid service interruption.
5.3 Delinquent accounts are those that are unpaid after the due date, or those whose charges are refused by the User's credit card company, or direct checking account debits that are refused by the User's bank.
5.4 Accounts that are delinquent are put on "accounting lock" and may not be used. Computech accounts continue to accrue charges while they are locked.
5.5 Accounts that are on accounting lock will only be "unlocked" after the Computech Accounting department has cleared the account and the account is paid in full. Accounts will only be unlocked during the hours of 9am-5pm Monday-Friday, Eastern Time.
5.6 The User acknowledges full responsibility for the account until payment in full is made.
Section 6 - Account Cancellations
6.1 Cancellation requests for Computech accounts must be received in writing via fax or postal service at the office of Computech. Such requests must be received before the 25th of each month in order to be processed so that the customer is not billed for the next usage period.
6.2 In no event, other than the willful termination of an account by Computech, will a prorated refund be given to User.
6.3 All Computech accounts must be paid in full before the transaction will be considered complete.
6.4 Computech reserves the right to terminate any account at any time with or without cause or reason. In the event that Computech would choose to take this action User understands and agrees that Users only compensation would be a prorated refund for the current period that User has already paid.
Section 7 - Abuse of Services
7.1 Any use of Computech system resources that disrupts the normal use of the system for other Computech users is considered to be abuse of system resources and is grounds for administrative intervention.
7.2 Modification, alteration, reverse engineering, decompilation, dissasembly or creation of derived works based on Computech proprietary installation software or associated setup utilities is an abuse of Computech services.
7.3 Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or, if severe enough, have their account suspended by Computech without prior notice. If the misuse is unintentional, the suspension may be rescinded following discussion with Computech. If the misuse is intentional, the suspension may be rescinded at the discretion of the Customer Service Manager. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Customer Service Manager. Examples of system misuse can include, but are not limited to, the following:
7.4 Personal dial-up unlimited accounts are for the unlimited usage of ONE person only, with reasonable attended unlimited use. Reasonable unlimited use is defined as one person sitting at a computer using the service, and does NOT include leaving systems idle for excessive periods of time, leaving systems online for others' use as file servers, etc. Users may not use "keep-alive" programs or other time-out defeating programs to intentionally keep the connection up even though no person is using the system.
7.5 Computech Personal WWW pages are for personal use only. They may not be used for the advertising or promotion of a product, good, service, company, or person(s).
7.6 Sending unwanted or large amounts of unwanted e-mail messages, posting commercial advertisements in USENET newsgroups, or making large numbers of article posts to inappropriate newsgroups (behavior commonly referred to as "spamming") through Computech electronic mail or USENET news servers.
7.7 User will not attempt to vandalize any portion of Computech's or other systems connected to the Internet. "Vandalism" means any malicious attempt to harm, destroy or disrupt the service in any manner. This includes, but is not limited to, hacking attempts, transmitting computer viruses, unauthorized use of User accounts, the execution of programs that result in unwarranted network traffic or server utilization which may or may not disrupt the network load, the transmission or execution of worms, trojan horses or any other computer program code or data which may possibly damage or disrupt the system(s). If user has any question as to whether or not a computer program is hazardous or considered inappropriate, please contact Computech at (614) 687-6210 prior to running or installing the program.
7.8 Use of profanity, sexually explicit language, or sexually explicit material on World Wide Web homepages stored in a Computech user account, or in electronic mail stored or transmitted through Computech computer systems is strictly prohibited. Any material that is adult in nature must be in compliance with the Telecommunications Decency Amendment of the 1996 Telecommunications Act.
7.9 Use of copyrighted materials without permission of the copyright holder on World Wide Web homepages stored via a Computech user account.
7.10 Violations of any of the Computech conditions of use are unethical and may be criminal offenses. You are expected to report to Computech any information you may have concerning instances in which the conditions of use have been or are being violated. When Computech becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further unauthorized activity, Computech may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at Computech's discretion.
Section 8 - Indemnity
The Customer agrees to indemnify and hold harmless Computech from any and all claims resulting from the Customer's use of Computech's services which cause damage to the Customer or a third party.
Section 9 - Disclaimer
Computech makes no warranties of any kind, whether express or implied, for the services it provides. Computech also disclaims any warranty of merchantability or fitness for a particular purpose. Computech will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service.
Section 10 - General
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The customer's signature below constitutes agreement to and acceptance of these Terms and Conditions.
This agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Ohio. Each party irrevocably consents to the jurisdiction of the courts of the State of Ohio and the federal courts situated in the State of Ohio, in connection with any action to enforce the provisions of this agreement, to recover damages or other relief for breach or default under this agreement, or otherwise arising under or by reason of this agreement.
In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly possible to reflect the original intentions of the parties and the remained of the provisions shall remain in full force and effect.
Computech's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.