Terms, Conditions, and Acceptable Use Policy

This Terms, Conditions, and Acceptable Use Policy is here agreed to and enacted upon the first day of service(s) or product(s) provided by PC-One (hereinafter called "Service Provider"), and client of Service Provider (hereinafter called "Client").

Parties

1. Service Provider: PC-One, LLC.
2. Client: Individual(s) or organization(s) subscribed to (and any person(s) permitted access to) service(s) or product(s) provided by Service Provider.

Service Provided

1. Web Hosting: The rental of space on server systems and network resources/equipment owned by Service Provider wherein Clients are allowed to maintain their web site, e-mail accounts, and other related services.
2. Web Design: The design, creation, and layout of a web site or sites on behalf of Client.

Disclaimer

Service Provider makes no warranties whatsoever, expressed or implied, concerning the provision of its services. Service Provider cannot and does not warrant or guarantee that it will provide a continuous service, that the service will not be disrupted, that there will be no interruption or delay, or that its service will be provided at a or any particular time. Client acknowledges that occasional service disruptions are necessary in order to apply patches, hotfixes, updates, upgrades, and to address security or performance concerns. Service Provider will make a best faith effort to provide maximum uptime and performance. Client will not hold Service Provider liable or responsible for any data loss or damages of any kind (including direct, incidental, consequential, or special) suffered by Client.

Payment and Credit Policy

Payment is to be received in full by the due date as stated on the invoice or statement. Client is responsible for ensuring payment is received on time and in good order. Service(s) and product(s) will not be sold on credit.

1. 30-Day Money Back Guarantee (Web Hosting only): Client shall be entitled for a period of 30 days from the date service is activated to a full refund of any web hosting service fees paid or due to Service Provider provided written notification from Client canceling the account and requesting a refund has been received during such period. Any notification received outside the 30 day time period will, not under any circumstances, qualify for a refund. If, therefore, notice is not received within the 30 day time period, it shall be presumed that Client is satisfied with the service(s) provided. Where applicable, setup fees, domain registration(s), or other one-time fees will not be refunded. If Service Provider is forced by any party, either permanently or temporarily, to refund any monies for service(s), Service Provider reserves the right to take ownership indefinitely of any domain name(s), hosting space, and other service(s), or property previously considered purchased, leased or rented.
   
   
2. Late Fees and Penalties: Any Client with monies left unpaid by the invoice or statement due date is subject to a $10.00 (USD) late fee. In the event that Client neglects to make payment 30 days after the due date, services provided by Service Provider will be deactivated (Client access denied) and a $40.00 (USD) fee assessed. In order for service(s) to be restored, Client must pay its balance in full. If account delinquency continues for 60 days or longer, Service Provider will turn over the Client's account to a collection agency with all the connotations this may or otherwise entails. Service Provider reserves the right to take ownership indefinitely of any domain name(s), hosting space, and other service(s) or property previously considered purchased, leased or rented.
   
   
3. Returned Checks or Insufficient Funds: In the event that a check is returned or a credit card fails to process for whatever reason, Client will take full responsibility and be billed any and all fees incurred to Service Provider as a result of the failed payment. This entails service charges, authorization charges, and any other applicable charges.

Acceptable Use

1. Improper Use: Service Provider's products or services shall not be used in any manner or form by Client, nor shall Client allow or cause third party(s) to use products or services, for any unlawful illegal or immoral purpose. This includes violation of any Federal, state, or city law; fraud; money laundering; drug dealing; trafficking prostitution; pornography; other obscene material causing or allowing violence, bodily harm, or damage to others or their property.
   
   Client shall not use, or allow or cause any third party(s) to use service(s) or product(s) in breach of in contravention of any of the generally accepted rules, regulations, or conventions regarding the use of the internet to carry out, encourage, permit, or be involved in any way with: spoofing; hacking; trolling; e-mail spamming; mail bombing; newsgroup flooding; posting information that is defamatory or infringes or violates another's rights; promoting and/or distributing viruses; ping floods; spawning unnecessary, unwarranted processes; posting adverts on any chat room; or actual or likely abuse, misuse, or overuse of any of the system resources.
   
   In the event that the Client engages in, or permits (knowingly or otherwise) any of the above, Service Provider reserves to itself the right, without prior notice to Client, to impose a penalty of $1,000.00 (USD) on Client whose account with be immediately terminated. No leniency will be shown by Service Provider in respect of the above.
   
   
2. Limitations of Hardware and Software Systems: Client acknowledges that there are limitations to Service Provider's hardware and software systems. Accordingly, if Client causes the systems to perform slowly, poorly, or experience other problems, Service Provider reserves the right, in its sole discretion, to take whatever steps are necessary to ensure that the systems operate at an efficient level and that other clients receive a reliable and stable service and are not adversely affected by a particular customer.
   
   
3. Passwords: Client agrees to use its best endeavors to protect password(s) and username(s). Client agrees not to divulge or disclose to third parties, make use of for its own purpose, or disclose any information obtained whatsoever through the use of service(s) and product(s) provided by Service Provider.

Termination

In the event that Client:

• Is in breach of the Terms, Conditions, and Acceptable Use Policy by sole judgment of Service Provider, and/or
• Fails, refuses, or neglects to make payment on the due date to Service Provider for any charges due, and/or
• Has bankruptcy or insolvency proceedings instituted against it, files or petitions for insolvency or bankruptcy, or assigns all or any part of its assets to or for the benefit of its creditors,

Service Provider may at its discretion forthwith, and without prior notice to Client, terminate the Client's account and thereupon all content and files in the account shall be deleted without liability for compensation, refund of the agreed monthly service fee, or otherwise for any loss or damages that Client may suffer as a result of termination. Service Provider shall be fully entitled to recover all monies owed to it form Client as at the date of termination and shall take ownership indefinitely of any domain name(s), hosting space, and other service(s) or property previously considered purchased, leased or rented. Non-enforcement of termination for any breach of violation shall not constitute acceptance or consent by Service Provider for such breach of violation.

Legal Proceedings

Client agrees that any legal proceedings arising out of this Terms, Conditions, and Acceptable Use Policy shall be dealt with under the laws of Minneapolis, Minnesota.

Sole Arbiter

Client agrees that Service Provider is the final and sole arbiter of what constitutes a breach of violation of any of its service(s) and/or product(s), and that Client agrees to hold harmless Service Provider, its employees, servants, agents, and the like, from any and all costs, claims, expenses, damages, or lawsuits which may arise or be suffered by anyone from the provision of service(s) or product(s) used by Client.

Amendments and Alterations

Service Provider reserves to itself the right, at its discretion, to amend or alter the Terms, Conditions, and Acceptable Use Policy without prior notice to Client.