Legal Details

Terms of Service and Disclaimer
This document, hereinafter, "TOS" or "Agreement" is a legal agreement between the Subscriber, and THE PC WORKS, LLC., hereinafter, "THE PC WORKS". By accepting services from THE PC WORKS, you agree to be bound by the terms and conditions of this Agreement. THE PC WORKS obligation to provide services to the Subscriber is conditioned on the Subscriber's continued adherence to the following terms and conditions:
1. All services provided by THE PC WORKS may be used for lawful purposes only. The transmission or storage of any information, data or material in violation of any applicable law, including but not limited to United State Federal State and Local law. Violations of this paragraph include, but are not limited to: the transmission or storage of trade secrets, copyrighted material, material judged to be threatening or obscene, or material protected by any other statute. The subscriber agrees to indemnify and hold harmless THE PC WORKS from any claims resulting from the use of services in violation of this section.

2. Any access to other networks connected to THE PC WORKS must comply with the rules and regulations governing such networks.

3. Payment for any charges is due 20 days after the date of invoice. All payments must be made in US dollars. Accounts which have charges outstanding for over 30 days from the date of invoice shall be deemed to be in default, and subject to termination of service. In the event that Subscriber's check is not honored by the bank against which it is drawn, the subscriber will be liable for an additional charge of US $25.00. Any charge that is not paid within 30 days from the date of invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law.

4. In the event a Subscriber's account is in default, THE PC WORKS shall have the right to discontinue service. THE PC WORKS shall further have the right to delete all files, information and mail under the account. Once THE PC WORKS discontinues service under this paragraph, if the Subscriber wishes to utilize the service again, the subscribe must re-apply as a new subscriber, and pay any and all fees required for new subscribers, including, but not limited to activation and start-up fees. All compensation due THE PC WORKS for work completed on behalf of the subscriber, once any down payments have been paid to THE PC WORKS by the subscriber, will remain due and payable in full.

5. The Subscriber shall keep in a secure location copies of data, information and material stored with THE PC WORKS, and shall use such external procedures as are necessary for the reconstruction of such data in the event of loss or alteration. The Subscriber shall further immediately report to THE PC WORKS any loss or errors in the information, data and material and provide THE PC WORKS with an accurate copy. THE PC WORKS shall bear no liability for the loss or alteration of such data resulting from the failure to properly maintain such backup copies and procedures.

6. The Subscriber certifies that he or she is at least 18 years of age, and is legally able to enter into contracts under the law of the Subscriber's country of residence.

7. Charges for services under this agreement shall be in accordance with THE PC WORKS price schedule in effect at the time such service is rendered. THE PC WORKS shall have the right to change its price schedule on 15 days notice.

8. THE PC WORKS warrants and represents to CLIENT alone, and not to any other party, that the Products shall conform to their respective functional and technical specifications as issued and amended by THE PC WORKS from time to time.

9. Violating any one of the policies as set forth in our Acceptable Use Policy may result in immediate cancellation of services:

10. THE PC WORKS reserves the right to suspend service to the subscriber at any time, and for any reason.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS DOCUMENT, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND THE PC WORKS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY PRODUCT FAILS TO CONFORM TO THE WARRANTIES IN THIS SECTION, THE SOLE RIGHT OF THE CLIENT, AND THE SOLE RESPONSIBILITY OF THE PC WORKS, SHALL BE FOR THE PC WORKS TO USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE PRODUCT TO CONFORM TO THE APPLICABLE FUNCTIONAL AND TECHNICAL SPECIFICATIONS. THE SOLE LIABILITY OF THE PC WORKSI TO SUBSCRIBER AND ANY OTHER PARTY FOR ANY CLAIMS ARISING FROM A FAILURE TO PROVIDE THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT, SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO MAKE THE APPLICABLE PRODUCTS AVAILABLE AS SOON AS PRACTICAL AFTER THE PC WORKS HAS RECEIVED NOTIFICATION THEREOF. THE PC WORKS EXERCISES NO CONTROL OVER THE CONTENT OF THE INFORMATION, DATA AND MATERIAL STORED OR TRANSMITTED THROUGH ITS SYSTEMS, AND SHALL NOT BE HELD LIABLE BY ANY PARTY FOR SUCH CONTENT. THE SOLE CUMULATIVE LIABILITY OF THE PC WORKS FOR ALL CLAIMS MADE BY SUBSCRIBER OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT, OR STRICT LIABILITY THEORIES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE PC WORKS FOR THE APPROPRIATE PRODUCT DURING THE MOST RECENT ONE MONTH PERIOD. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHICH OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS PARAGRAPH SPECIFIES SUBSCRIBER'S AND ANY OTHER PARTY'S SOLE MONETARY REMEDY. ------------------------------------------------------------------------
ACCEPTABLE USE POLICY

I. Introduction
This Acceptable Use Policy ("AUP") has been created by THE PC WORKS, LLC. and all of the entities controlling, controlled by, or under common control with THE PC WORKS to promote the integrity, security, reliability and protection of THE PC WORKS network, facilities, offerings, and customers. THE PC WORKS may modify, without prior notice, this AUP as THE PC WORKS deems appropriate and such modified AUP will be effective upon posting on THE PC WORKS website. Throughout the term of its Agreement with THE PC WORKS, Customer must ensure that the use of any service, product, or resource offered, owned, or controlled by THE PC WORKS to Customer ("Service") conforms to THE PC WORKS then-current AUP. Customer will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-party use.

II. Prohibited Uses
The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws"). For the purposes of this AUP, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Customer's responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. THE PC WORKS will cooperate with all court orders, subpoenas, and other similar government requests ordering THE PC WORKS to disclose information about use of the Service.
The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of THE PC WORKS:* Violates local, state, federal, foreign, or international Law;
* Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person").In addition to the other requirements of this AUP, the Service may be used only in a manner that in THE PC WORKS sole discretion is consistent the purposes of such Service. Customer should contact THE PC WORKS if it is unsure of whether any contemplated use or action is permitted.
By way of example, and not limitation, uses described below are expressly prohibited:
General:
* Deceptive or fraudulent practices.
* Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, THE PC WORKS, or otherwise, in its use or enjoyment of any THE PC WORKS Service.System and Network:
* The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.
* Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
* Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else's site or network.
* Attempting to circumvent host or user authentication or other security measures of any host, network or account.
* Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.Mail:
* Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship ("E-mail spam"). THE PC WORKS reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.
* Harassment including, but not limited to, through language, frequency or size of messages.
* Unauthorized use, or forging, of mail header information.
* Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
* Creating or forwarding "chain letters" or other " schemes" of any type.
* Use of unsolicited E-mail originating from within THE PC WORKS network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by THE PC WORKS, or connected via THE PC WORKS network.Usenet Newsgroups:
* Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam").
* Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from THE PC WORKS network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by THE PC WORKS, or via THE PC WORKS network.
* Posting chain letters of any type.
* Posting encoded binary files to newsgroups not named for that purpose
* Cancellation or superseding of posts other than your own
* Forging of header information of the poster's account or service.

III. Additional Obligations
Bulk Email:
Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.
Service Resale:
Service or any portion of Service will not be resold unless authorized by THE PC WORKS in an executed wholesale contract.
Password Protection:
Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.
Obscene Material:
Pornography and sex-related merchandising are prohibited on any PC WORKS server. THE PC WORKS will be the sole arbiter as to what constitutes a violation of this provision. THE PC WORKS will be the sole arbiter as to what constitutes a violation of this provision.
Content Ownership:
Customer is responsible for all content or information residing on, obtained or transmitted via the Service.
Vulnerable Systems:
THE PC WORKS reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to THE PC WORKS which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. THE PC WORKS will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Customer or compromise the security of Customer's network.
Other Activities:
Engaging in activities, whether lawful or unlawful, that THE PC WORKS determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.
Service Provided Equipment:
Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.
IV. AUP Enforcement
Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability, including without limitation, California Business & Professional Code Section 17538.45. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer. THE PC WORKS reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that THE PC WORKS, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to THE PC WORKS interests or the interests of others. If access is terminated, THE PC WORKS, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service.

Disclaimer: By use of this site and its links, users agree that all information is provided "AS IS" and the inclusion of a link to a site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service, by THE PC WORKS. The links provided herein are maintained by their respective organizations and they are solely responsible for their content. Users agree to hold THE PC WORKS harmless for any and all damages arising out of use of this service and its links.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated. This TOS supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of THE PC WORKS services constitutes acceptance of the terms and conditions of this Agreement.