By using PerfectPC Services, LLC for any hosting, consulting, or website service of any kind, all customers can visit www.perfectpcwebs.com to review this agreement, and by continuing to do business with PerfectPC Services, LLC agrees to abide and be bound by this agreement.

PerfectPC Services, LLC provides web hosting, domain registration, email services and consultation. PerfectPC Services, LLC reserves the right to suspend or cancel any client's access to any portion or all of PerfectPC Services, LLC services, when PerfectPC Services, LLC deems that the account has been used inappropriately. PerfectPC Services, LLC reserves the right to refuse service and/or access to its servers to anyone at anytime.

User Policy

PerfectPC Services, LLC prohibits sites engaged in:

Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.

Internet abuse including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to a large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, spamming PerfectPC Services, LLC support staff. Spammers are held responsible for a $500 clean up fee.

Systems abuse including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, installing continuously running programs, such as IRC bots, reselling CGI scripts. The client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by the client. PerfectPC Services, LLC will monitor the client's bandwidth and disk usage, and has the right to take corrective action if the usage is excessive. Such corrective action may include the assessment of additional charges and/or disconnection or discontinuance of any and all services, which actions may be taken in PerfectPC Services, LLC sole and absolute discretion. If PerfectPC Services, LLC takes any corrective action, the client shall not be entitled to a refund of any fees.

Pornography

The use of PerfectPC Services, LLC's Services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited. 

 Policy Violation

Should a policy violation occur, PerfectPC Services, LLC reserves the right to terminate the account without notice and without any refunds. The policy-violating client will be held responsible for any damages to PerfectPC Services, LLC, including but not limited to, PerfectPC Services, LLC's system, servers, connectivity, reputation, business, service, network, operations, or equipment. Spammers may be charged a $500 clean up fee.

Web Site Content

The client is responsible for keeping a copy of their most current web site files as backup on a remote system (not on PerfectPC Services, LLC servers). PerfectPC Services, LLC is not responsible for any lost files, information, or data. PerfectPC Services, LLC does not provide any file retrieval services.

System Updates

The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. PerfectPC Services, LLC reserves the right to modify the processing times at any time without notice. If a client or PerfectPC Services, LLC support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.

Technical Support

Free customer support is provided via email through the client's control panel.

Client agrees not to spam support.

Technical support hours:

9AM – 5PM Monday – Friday, emergency numbers will be made available.

Payment Policy

Setup Fee

The setup fee is required before service is activated, if applicable.

All fees are non-refundable, but may be pro-rated as deemed appropriate on a case-by-case basis as determined by PerfectPC Services, LLC.

Hosting Fees & Domain Name Fees

The minimum contract is 1 month.

All services are on a monthly or annual (12 month) prepayment basis.
Full payment of the setup fee, if applicable, and, if the account is not a domain transfer, the domain name registration fee, are required before any hosting service is rendered.

The credit card on file will be automatically processed for payment.

The monthly or annual prepayment is non-refundable, but may be pro-rated as deemed appropriate on a case-by-case basis as determined by PerfectPC Services, LLC.

All clients will receive an Invoice by postal mail.

If a client has chosen a monthly prepayment option, prepayment is due at the beginning of each month, based on the date the account was established. If a client has chosen an annual prepayment option, prepayment is due at the beginning of each year (12 months), on the anniversary date the account was established. (If the account was established on the 29th, 30th, or 31st, the anniversary date will be forwarded to the 1st.)  

Payment Method - Credit Card, Checks

PerfectPC Services, LLC accepts only credit card payments from Visa, MasterCard, American Express, Discover.  Check will only be accepted upon approval.

Once an order is successfully agreed to, the client is subject to PerfectPC Services, LLC's refund policy.

Credit card will be billed on the first day of the billing cycle. If the credit card fails, the customer will be notified, and we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.

If payment is not received on time, then the account is cancelled.

Policy Changes

PerfectPC Services, LLC reserves the right to change prices at any time.

All monetary transactions will occur in $US dollars.

 Additional Features

Additional features such as disk space and email can be added at any time and are billed monthly.

Monthly additional feature prices are not prorated.

Add on costs are non-refundable regardless of whether the service was used.

Credit Card: Charges are assessed in real time for the current month and every upcoming month until the end of their billing cycle.

Credit card will be billed on the first day of the billing cycle. If the credit card fails, the customer will be notified, and we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.

Additional services will be activated when payment is received.

 Renewal and Billing Schedule

PerfectPC Services, LLC automatically renews your account based on your previous payment option. Those who have chosen the yearly payment option will automatically be renewed for another year unless PerfectPC Services, LLC is contacted prior to the anniversary date of your service. The same schedule applies to those accounts that have opted for quarterly payment.

Credit Card Failures

If there are difficulties with the completion of the charge the client will be notified by email.

PLEASE NOTE: Your credit card will be automatically charged on the first day of your billing cycle. If the credit card fails, the customer will be notified, and we will retry on the 1st and the 15th of the month. If the credit card fails a 2nd time, the account will be suspended. If it fails a 3rd time, the account will be cancelled.

Account Reactivation

If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $25.00 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including hosting fees, additional features, and other processing fees. You will need to re-upload your files upon reactivation.

If an account was cancelled due to policy violation, PerfectPC Services, LLC will not reactivate the account.

Refund Policy

For new accounts, the set up fee is non-refundable.

The monthly and 12 month prepayment for hosting is non-refundable.

If PerfectPC Services, LLC terminates an account due to policy violation, there will be no refund. Spammers may be charged a $500 clean up fee.

Monthly fees associated with additional features are non-refundable.

Cancellation

PerfectPC Services, LLC reserves the right to terminate service at any time. If a client of PerfectPC Services, LLC wishes to cancel web related services, the cancellation request must be made in writing within 30 days prior to any invoices that come due, and we will honor this request based on the post marked date of the sending of such a request, or the email sending date of such request. Phone calls or voice mails left are not considered an acceptable form of a cancellation request. If an account is terminated for a policy violation there will be no refund. PerfectPC Services, LLC reserves the right to delete the policy violating web site content without notice.

Only authorized persons can cancel an account. Verification of proof of authorization may be asked to be presented.

If the client requests cancellation in writing, their account will be terminated immediately unless they specifically state they wish the account to be cancelled at the end of the current billing cycle. If the client specifies immediate account termination or fails to define when the account should be cancelled, PerfectPC Services, LLC reserves the right to terminate service and delete the web site contents without notice.

Any account terminated without 30 days notice by postal or email will be charged a termination fee.  This fee is calculated by breaking the annual fee into monthly amounts, and then adding the amount of hours of updates given for that package (which is the discount given p/yr) times the current hourly rate divided by 12 months, plus a fee of $60 for the labor to terminate the account.

Any account terminated without 30 days notice will have their web services shut down on day 30, and termination fees will be applied to the account. All accounts terminated without proper notice will be assessed a processing fee of $50.

Refund policies strictly apply to all cancelled accounts. If an account is cancelled due to non-payment, PerfectPC Services, LLC reserves the right to delete the web site contents without notice.

If the customer requests a backup of the website, it will be provided in the form of PDFs of each printed page, and only if the customer is up to date with billing.  Since theme design of the website is creative property of PerfectPC Services, LLC, the customer can purchase rights to use the theme while still giving credit for the design by paying a sum of no less than 2 times the original amount of the contracted website package fee.

PerfectPC Services, LLC does not have to keep a backup of files for any reason unless requested by customer at time of cancellation request.  A separate agreement must be signed to receive any files of the original website.

Domain Name Transfers

PerfectPC Services, LLC will provide to pay for and manage renewal on your domain name, and will provide the first domain name free of charge while under contract and paying for a website package (hosting only does not include a free domain name) , with additional domain names charged at only $10 p/yr.  If a client cancels in writing and wishes to transfer the domain name, a transfer fee of $50 per domain name will apply.  This transfer fee must be paid in full for each domain before the authorization code will be sent. PerfectPC Services, LLC will provide no tech support beyond our legal obligations when a client cancels services.  It is the responsibility of the client to request or hire another company to transfer the domain name properly.  No delays will result as long as invoices issued are paid.  Other fees may apply and must be paid before the final transfer is complete. All correspondence during a cancelation must be in writing, no phone calls or messages.

Indemnification

Client agrees to defend, indemnify and hold harmless PerfectPC Services, LLC against any liabilities arising out of defective products sold to customers from PerfectPC Services, LLC servers, personal injury or property damage caused by products or services sold or distributed from PerfectPC Services, LLC servers, any material that infringes or allegedly infringes on the rights of a third party available from PerfectPC Services, LLC servers, and any material that libels or allegedly libels a third party available from PerfectPC Services, LLC servers.

Disclaimer

PerfectPC Services, LLC is not responsible for any damages to any client's business. PerfectPC Services, LLC makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of PerfectPC Services, LLC's web hosting and email service is at the client's sole risk. PerfectPC Services, LLC's services are provided on an "as is, as available" basis.

PerfectPC Services, LLC does not guarantee that our services will be uninterrupted or error free. PerfectPC Services, LLC will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will PerfectPC Services, LLC be liable for any claims resulting from the use or inability to use PerfectPC Services, LLC services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to PerfectPC Services, LLC servers, Domain Registrar problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

PerfectPC Services, LLC reserves the right to revise our policies at any time.

Entire Agreement.  This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.

Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana.  Exclusive jurisdiction and venue shall by in the Delaware County, Indiana superior courts.

Binding Effect.  This Agreement shall be binding upon and inure to the benefit of Customer and PerfectPC Services, LLC and their respective successors and assigns, provided that PerfectPC Services, LLC may not assign any of their obligations under this Agreement without Customer’s prior written consent.

Waiver.  The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

Good Faith.  Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

No Right to Assign.  Customer has no right to assign, sell, modify or otherwise alter the Web Site, except upon the express written advance approval of PerfectPC Services, LLC, which consent can be withheld for any reason.  Unless absolute proof of fault to provide services is proven, PerfectPC Services, LLC retain the right to be the exclusive company retained during the entire annual contract.

Attorney’s Fees.  In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, including expert witness fees.

Identification of Developers.  Customer agrees that PerfectPC Services, LLC identification may be annotated within the code or on the website as the authors and owners of the theme and code. Customer also agrees to having PerfectPC Services, LLC copyright notices on the Web Site and the relevant content therein.

No responsibility for loss.  PerfectPC Services, LLC is not responsible for any down time, lost files, improper links or any other loss that may occur in the operation of the Web Site.

Confidentiality.  Customer and PerfectPC Services, LLC acknowledge and agree that the Specifications and all other documents and information related to the development of the Web Site (the “Confidential Information”) will constitute valuable trade secrets of the PerfectPC Services, LLC.  Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without PerfectPC Services, LLC prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.  Excluded from the “Confidential Information” definition is anything that can be seen by the public on the Web Site when each page of the Web Site is first accessed.