Acceptable Use Policy

PC Savvy Terms of Service

This is were we list all the legal and other conditions for the use of PC Savvy.

Yes I know, I hate this part as much as you do but it has to be done.

Welcome to PC Savvy.  PC Savvy has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services. If you visit, shop, or use any of our products and services at PC Savvy, you accept these conditions. Please read them carefully.

PRIVACY

This one is easy, I take only what I need and keep it safe. I will not give out any information so don't ask. OK, so with a court order they can have it but that's the only way.

ELECTRONIC COMMUNICATIONS

When you visit PC Savvy or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONTENT

All products and services provided by PC Savvy may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless PC Savvy from any claims resulting from the use of the service which directly or indirectly damages any other party.

COMMERCIAL ADVERTISING AND BULK EMAIL

PC Savvy.net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of PC Savvy may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of PC Savvy may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.

In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. PC Savvy will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.

Users who maintain email lists, or send emails to more than 10 recipients at a time, or send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to PC Savvy upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, PC Savvy will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.

Other prohibited activities related to email include, without limitation, the following: (i) Use of PC Savvy Network for the receipt of replies to unsolicited mass e-mail; (ii) Forgery of e-mail headers (“spoofing”); (iii) Spamming via third-party proxy, ip tunneling, aggregation of proxy lists, or installation of proxy mailing software; (iv) Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers); (v) Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”); (vi) Hosting web pages or providing services that support bulk emailers or SPAM; (vii) Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages; (viii) configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails; (ix) use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails.

ACCEPTABLE USE POLICY

General Statement: PC Savvy Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what PC Savvy expects of them while using a product or service. All users of PC Savvy products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on PC Savvy products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in (i) Copyright Infringement including no hosting of warez trackers or torrent sites: Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code, (ii) Unsolicited Email 'SPAM' to be defined as any mailing to more than 10 people at once who did not opt-in or request to be contacted; (iii) Proxy Email (SPAM): defined as the use of services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties; (iv) UseNet SPAM: sending, receiving, forwarding, or posting excessive UseNet content. This includes UseNet services located within the PC Savvy network or unrelated third party networks; (v) Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services; (vi) Illegal Use: This includes, but is not limited to: death threats, terrorist threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other illegal activities; (vii) Child Pornography; (viii) Threats & Harassment: Including but not limited to threats or harassment to individuals, organizations or businesses; (ix) Fraudulent activities; (x) Denial of Service (DOS and DDOS); (xi) Terrorist Websites: This includes sites advocating human violence and hate crimes of any kind; (xii) Distribution of Malware: including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity, or any software appropriated for these or related activities; (xiii) Phishing: any activity associated with phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense; (xiv) Automated Bots for the purposes of posting content on blogs, forums, or other similar services; (xv) Adult Content on any shared hosting type service is prohibited; (xvi) Online gaming that is part of denial of service attacks such as 'runescape'; (xvii) Ping bots, network scanning programs, automated network intrusion programs; (xviii) IRC 'Internet Relay Chat' related applications; (xix) Hosting any form of proxy software, or anonymous proxy services.

BANDWIDTH ALLOTMENT

PC Savvy offers multiple flexible bandwidth packages on all web hosting and service plans.  Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 5 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit ) over our Premium Network.  Usage levels over your included bandwidth are billed monthly at the rate of $1.00 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.

EXCESSIVE RESOURCE USAGE POLICY

PC Savvy provides this section to detail additional policies applicable for accounts on any standard web hosting plan (also known as 'shared', 'ultimate' and 'reseller' plans). Accounts many not use more than 10 % of the server's CPU, Disk, Memory or web port connections. Accounts may not run daemons or back ground tasks. Accounts may store at most 1 (one) backup of their account in the server's disk space. Accounts may not use the server disk space for storage of backups, file sharing, file storage, or any type of content that is not accessible on the web site you are hosting. If the resource usage limits are exceeded PC Savvy may, without prior notice or warning, limit access, suspend or terminate the account at PC Savvy's sole discretion.

COPYRIGHT

All content included on PC Savvy's, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PC Savvy or its content suppliers and protected by United States and international copyright laws.

TRADEMARKS  All other trademarks not owned by PC Savvy or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PC Savvy or its subsidiaries..

YOUR ACCOUNT

If you use PC Savvy products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use PC Savvy only with involvement of a parent or guardian. PC Savvy and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion..

COMMENTS, COMMUNICATIONS, FEEDBACK, FORUMS, AND OTHER CONTENT

Visitors may post feedback, comments, content and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PC Savvy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PC Savvy or its affiliates for all claims resulting from content you supply. PC Savvy has the right but not the obligation to monitor and edit or remove any activity or content. PC Savvy takes no responsibility and assumes no liability for any content posted by you or any third party..

PRODUCT DESCRIPTIONS

PC Savvy and its affiliates attempt to be as accurate as possible. However, PC Savvy does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by PC Savvy itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.

OTHER BUSINESSES

Parties other than PC Savvy and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. PC Savvy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.

SERVICE ABUSE

Any attempts to undermine or cause harm to a PC Savvy service or customer of PC Savvy is strictly prohibited. PC Savvy will pursue legal action to the fullest extent for any abuse of PC Savvy or its products or services.

BREACH OF TERMS OF SERVICE

If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. PC Savvy reserves the right to remove any account or service without prior notice. If PC Savvy deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.

INDEMNITY

You agree to indemnify and keep indemnified PC Savvy (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by PC Savvy as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions..

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY PC SAVVY ON AN "AS- IS" AND "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.

PC SAVVY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PCSAVVY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PC Savvy Web Hosting OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PC SAVVY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TURNKEY INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SITE POLICIES, MODIFICATION, AND SEVER-ABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to PC Savvy. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without prior notice. Updates to our site, policies, and these Conditions of Use will be posted on our web site at http://www.pcsavvy.net. If any of these conditions shall be deemed by PC Savvy or a state or federal court as invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PC Savvy's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PC Savvy and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including any auction ID numbers and web URL address, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PC Savvy's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent for PC Savvy E-mail:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Last Updated March 24th, 2011