Web Hosting Policy

"Terms of Service"

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Web Hosting Policy

General Terms of Service
These Terms of Service (the "Agreement") are an agreement between ComputerWorks ("ComputerWorks" or "us" or "our") and you ("User" or "you" or "your").  This Agreement sets forth the general terms and conditions of your use of the products and/or services made available by ComputerWorks and of the com-puterworks.com website (collectively, the "Services").  By using the Services, you agree to be bound by this Agreement.  If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

ComputerWorks will not tolerate any shady business practices or anything that may appear illegal or unethical.

ComputerWorks will not tolerate any material that is of an adult nature or in bad taste.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  This means that you, and not ComputerWorks, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via this Service.  ComputerWorks does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.  Under no circumstances will ComputerWorks be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via this Service.

You Agree To NOT Use Your Web Site To:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. Harm minors in any way;

3. Impersonate any person or entity, including, but not limited to, a ComputerWorks' official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.

8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

10. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

12. "Stalk" or otherwise harass another; or

13. Collect or store personal data about other users of this service.

You acknowledge that ComputerWorks may or may not pre-screen Content, but that ComputerWorks and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service.  Without limiting the foregoing, ComputerWorks and its designees shall have the right to remove any Content that violates the terms of service or is otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.  In this regard, you acknowledge that you may not rely on any Content created by ComputerWorks or submitted to ComputerWorks, including without limitation information in ComputerWorks Message Boards, and in all other parts of the Service.

You acknowledge, consent and agree that ComputerWorks may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF SERVICE; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ComputerWorks, its users and the public.

Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older.  The Services are intended solely for Users who are eighteen (18) years of age or older.  Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under.  If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times.  ComputerWorks is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.  If you need to verify or change your contact information, you must contact ComputerWorks to update your contact information.  Providing false contact information of any kind may result in the termination of your account.  In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes.  Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account.  It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification.  IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN).  We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

The Service and any data you provide to ComputerWorks is hosted in the United States (U.S.) unless otherwise provided.  If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

Our Transfers Team will make every effort to help you move your website to us.  Transfers are provided as a courtesy service.  We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data.  In some cases we may not be able to assist you in a transfer of data from an old host.  The free transfer service is available for thirty (30) days from your sign up date.  Transfers outside of the thirty (30) day period will incur a charge; please contact us to receive a price quote.  In no event shall ComputerWorks be held liable for any lost or missing data or files resulting from a transfer to or from ComputerWorks.  You are solely responsible for backing up your data in all circumstances.

ComputerWorks' Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "ComputerWorks' Content"), are the proprietary property of ComputerWorks or ComputerWorks' licensors.  ComputerWorks' Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement.  You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ComputerWorks' Content.  Any use of ComputerWorks' Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ComputerWorks' Content.  All rights to use ComputerWorks' Content that are not expressly granted in this Agreement are reserved by ComputerWorks and ComputerWorks' licensors.

User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content").  User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites").  You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites.  By posting or distributing User Content on or through the Services, you represent and warrant to ComputerWorks that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to ComputerWorks a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites.  Except for the rights expressly granted herein, ComputerWorks does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

ComputerWorks exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through ComputerWorks' computers, network hubs and points of presence or the Internet.  ComputerWorks does not monitor User Content.  However, you acknowledge and agree that ComputerWorks may, but is not obligated to, immediately take any corrective action in ComputerWorks' sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement.  You hereby agree that ComputerWorks shall have no liability due to any corrective action that ComputerWorks may take.

Third Party Products and Services
Third Party Providers
ComputerWorks may offer certain third party products and services.  Such products and services may be subject to the terms and conditions of the third party provider.  Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider.  You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

ComputerWorks does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider.  You undertake all transactions with these third party providers at your own risk.  We do not warrant the accuracy or completeness of any information regarding third party providers.  ComputerWorks is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

ComputerWorks as Reseller or Licensor
ComputerWorks may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-ComputerWorks' Products").  ComputerWorks shall not be responsible for any changes in the Services that cause any Non-ComputerWorks' Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services.  Any malfunction or manufacturer's defects of Non-ComputerWorks' Products, either sold, licensed or provided by ComputerWorks to you will not be deemed a breach of ComputerWorks' obligations under this Agreement.  Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-ComputerWorks' Product are limited to those rights extended to you by the manufacturer of such Non-ComputerWorks' Product.  You are entitled to use any Non-ComputerWorks' Product supplied by ComputerWorks only in connection with your use of the Services as permitted under this Agreement.  You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-ComputerWorks' Product or to use it other than in connection with the Services.  You shall not resell, transfer, export or re-export any Non-ComputerWorks' Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites
The Services may contain links to other websites that are not owned or controlled by ComputerWorks ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content").  We are not responsible for any Third Party Sites or Third Party Content accessed through the Services.  Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us.  If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”).  You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws.  In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license.  Unless otherwise provided with explicit written permission, ComputerWorks also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

Account Security and ComputerWorks' Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the 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 user name and password.  You are required to 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 or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use.  ComputerWorks may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.  During monitoring, information may be examined, recorded, copied and used for authorized purposes.  By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension.  Access to networks or systems outside of your direct control requires the express written consent of the third party.  ComputerWorks may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended.  If you do not remove malicious content from your account after being notified by ComputerWorks of an issue, we reserve the right to leave access to services disabled.

ComputerWorks reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer. We are not "HIPAA compliant"
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data.  You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information.  ComputerWorks does not control or monitor the information or data you store on, or transmit through, the Services.  We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA").  Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes.  Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination.  We do not sign "Business Associate Agreements" and you agree that ComputerWorks is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.  If you have questions about the security of your data, you should contact us.

Compatibility with the Services
You agree to cooperate fully with ComputerWorks in connection with ComputerWorks' provision of the Services.  It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services.  To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, ComputerWorks is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by ComputerWorks to provide the Services, which may be changed by ComputerWorks from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites.  ComputerWorks does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.  You agree to pay for the Services in advance of the time period during which such Services are provided.  Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Unless otherwise provided, you agree that until and unless you notify ComputerWorks of your desire to cancel the Services, you will be billed on a recurring basis to prevent any disruption to your Services.

Late Payment
All invoices must be paid within fifteen (15) days of the invoice due date.  Any invoice that is outstanding for more than fifteen (15) days may result in the suspension or termination of Services.  Access to the account will not be restored until payment has been received.  If you fail to pay the fees as specified herein, ComputerWorks may suspend or terminate your account and pursue the collection costs incurred by ComputerWorks, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees.  ComputerWorks will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment.  If you make a late payment we do not automatically reactivate the dedicated servers.  Contact ComputerWorks directly after you make a late payment to reactivate the dedicated server.

Domain Payments
Domain renewal notices are provided as a courtesy reminder and ComputerWorks is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal.  Domain renewals are billed and renewed fifteen - thirty (15 - 30) days before the renew date.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method.  ComputerWorks may report any such misuse or fraudulent use, as determined in ComputerWorks' sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes
You have thirty (30) days to dispute any charge or payment processed by ComputerWorks.  If you have any questions concerning a charge on your account, please reach out to us for assistance.

Payment Card Industry Security Standard Disclaimer
ComputerWorks complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information.  However, you are solely responsible for the security of the data and billing information on your User Website.  ComputerWorks does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

ComputerWorks may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm ComputerWorks or others or cause ComputerWorks or others to incur liability, as determined by ComputerWorks in our sole discretion; or (iv) as otherwise specified in this Agreement.  In such event, ComputerWorks shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.  Additionally, ComputerWorks may charge you for all fees due for the Services for the remaining portion of the then current term.  UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Price Change
ComputerWorks reserves the right to change prices or any other charges at any time.  We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans.  It is your sole responsibility to periodically review billing information provided by ComputerWorks through notices sent or posted by ComputerWorks.

ComputerWorks shall not be responsible for any damages your business may suffer. ComputerWorks makes no warranties of any kind, expressed or implied for the Services.  ComputerWorks disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by ComputerWorks or our employees.

Backups and Data Loss
Your use of the Services is at your sole risk. ComputerWorks' backup service runs once a week and overwrites any of our previous backups.  Only one week of backups are kept at a time.  This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at ComputerWorks' sole discretion.  ComputerWorks does not maintain backups of dedicated accounts.  ComputerWorks is not responsible for files and/or data residing on your account.  You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on ComputerWorks' servers.

Limited Warranty

Disclosure to Law Enforcement
ComputerWorks may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies.  We cooperate fully with law enforcement agencies.

You agree that ComputerWorks may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service.  Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS OF SERVICE or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.  Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to Web Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service.  Further, you agree that all terminations for cause shall be made in ComputerWorks' sole discretion and that ComputerWorks shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Any infringement of this policy will result in the immediate termination of your Hosting Service without notice!


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