By using PerfectPC Webs 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 Webs agrees to abide and be bound by this agreement.

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

User Policy

PerfectPC Webs 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 Webs 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 Webs 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 Webs sole and absolute discretion. If PerfectPC Webs takes any corrective action, the client shall not be entitled to a refund of any fees.

Pornography

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

 Policy Violation

Should a policy violation occur, PerfectPC Webs 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 Webs, including but not limited to, PerfectPC Webs'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 Webs servers). PerfectPC Webs is not responsible for any lost files, information, or data. PerfectPC Webs 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 Webs reserves the right to modify the processing times at any time without notice. If a client or PerfectPC Webs 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 Webs.

Hosting 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 Webs.

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 Webs 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 Webs'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 Webs 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 Webs 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 Webs 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 Webs 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 Webs 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.
For existing accounts that are current with billing, and if the customer requests in writing to cancel their service, a prorated adjustment based on the monthly usage and breakdown of minutes used for updates will be given by company check with 30 days.

Cancellation

PerfectPC Webs reserves the right to terminate service at any time. The cancellation request must be made in writing 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 Webs reserves the right to delete the policy violating web site content without notice.

Customers can cancel service at any time. Cancellation requests should be sent via the Control Panel, although email cancellations will also be accepted. 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 Webs reserves the right to terminate service and delete the web site contents without notice.

Refund policies strictly apply to all cancelled accounts. If an account is cancelled due to non-payment, PerfectPC Webs 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 Webs, 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 Webs 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.

Indemnification

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

Disclaimer

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

PerfectPC Webs does not guarantee that our services will be uninterrupted or error free. PerfectPC Webs 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 Webs be liable for any claims resulting from the use or inability to use PerfectPC Webs services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to PerfectPC Webs servers, Domain Registrar problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.

PerfectPC Webs 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 Webs and their respective successors and assigns, provided that PerfectPC Webs 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 Webs, which consent can be withheld for any reason.  Unless absolute proof of fault to provide services is proven, PerfectPC Webs 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 Webs 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 Webs copyright notices on the Web Site and the relevant content therein.

No responsibility for loss.  PerfectPC Webs 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 Webs 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 Webs.  Customer shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without PerfectPC Webs 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.