Acceptance of General Terms of Service
By purchasing, using and/or receiving a HWGUYS LLC web-based or remote technical support, data, repair or networking service (“Service”), you accept and agree to be bound by these HWGUYS LLC Remote Services Terms and Conditions, as updated by HWGUYS LLC from time to time (“Service Terms”). These service terms, together with the terms of your purchase receipt, comprise the entire agreement between you and HWGUYS LLC with respect to the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees and agents of HWGUYS LLC have NO AUTHORITY (apparent, express, implied or otherwise ) to alter or modify these Service Terms – either orally or in writing.
References here in to “HWGUYS LLC” are referring to HWGUYS LLC and their affiliates, employees or third party service providers, as the case may be. References herein to “you” , “your” or”I” are references to the person purchasing, using and/or receiving the Services which are subject to these terms and conditions.
HWGUYS LLC Servers, Websites and Services
HWGUYS LLC web site and services provided to you on and through web site on an AS IS basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. HWGUYS LLC shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Your Responsibilities and Obligations
Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to contact HWGUYS LLC immediately of any unauthorized use or your registration, user account or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (Content), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that HWGUYS LLC web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using HWGUYS LLC web site or any service provided, that you shall not: (a) Provide any Content or perform any conduct that may be threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) Collect or harvest any data about other users; (d) Provide or use HWGUYS LLC web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.
Third Party Services
Goods and services of third parties may be advertised and/or made available on or through HWGUYS LLC web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
CUSTOMER RESPONSIBILITY TO BACK UP DATA
Customer agrees that prior to HWGUYS LLC. servicing any Customer equipment, it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from HWGUYS LLC. and/or its third party service provider, neither HWGUYS LLC. nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, DVDs, film or other media.
LIMITATIONS TO SERVICE
HWGUYS LLC shall not be liable for any failure or delay in performance due to any cause beyond its control. HWGUYS LLC reserves the right to refrain from providing the Services ordered on the basis that the minimum system requirements are not met or the technical needs or other requirements you have are unusual or extensive and beyond the scope of these Service Terms, as determined by HWGUYS LLC.
Unless otherwise stated in writing, all fees and charges are non-cancelable for a period of one year (12 months) once service begins.
EARLY TERMINATION OF SERVICE
The initial term of this Service Agreement is twelve (12) months beginning on the date the agreement is signed and accepted by both HWGUYS LLC and the customer. The agreement will auto-renew on a month to month basis.
This agreement may only be terminated during the initial period by HWGUYS LLC for non-payment or abuse. A customer can terminate this agreement any time after the initial 12-month period ends by submitting a 30 Day written request to cancel to [email protected].
Early termination by the customer will result in a cancellation charge of $60.00 per computer listed in the agreement, any balances owed for all software licenses provided as part of this agreement and any discounts given for services rendered during the term of this agreement by HWGUYS LLC.
LIMITATION OF LIABILITY
HWGUYS LLC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HWGUYS LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.
I FURTHER UNDERSTAND AND RELEASE FROM LIABILITY HWGUYS LLC IN THE EVENT THAT I LEAVE MY ITEMS OVER 30 DAYS, AND AT WHICH TIME HWGUYS LLC RESERVES THE RIGHT TO RECYCLE ANY ITEMS LEFT WITHOUT PAYMENT.
Customer agrees to indemnify, defend, and hold harmless HWGUYS LLC. (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by HWGUYS LLC. by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due HWGUYS LLC. or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; or (e) the acts or omissions of Customer (or its officers, directors, employees or agents).
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HWGUYS LLC. 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. HWGUYS LLC. MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES HWGUYS LLC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM HWGUYS LLC. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; HWGUYS LLC. WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
WEBSITE HOSTING & PAYMENT PLAN POLICY
A past-due or late account can be shut down on the server after 30 days of inactive payment or communication. A past-due account can be restored to current after making the minimum payment.
OPERATING YOUR SITE ON HWGUYS LLC
Administrating your website hosted on HWGUYS LLC for illegal activity of any kind such as: Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that HWGUYS LLC is not held liable for your actions. We shall not be responsible to you in any way for the Content that appears on your web site nor for any error or omission.
You explicitly agree, in using HWGUYS LLC Servers or any service provided, that you shall not: (a) Provide any Content or perform any conduct that may be threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) Collect or harvest any data about other users; (d) Provide or use HWGUYS LLC web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.