COMPUTER HOUSE, INC WARRANTY AND AUP POLICIES : Updated 2009
Note: Computer House, Inc reserves the right to alter any terms and conditions. Please consult this page for updates to terms and conditions. All clients that use our services or products are subject to all terms and conditions. Acceptable Use Policy ("AUP") This AUP is incorporated by reference in your Order for Mail Services. Capitalized terms used in this AUP and not otherwise defined shall have the meaning given in the Master Services Agreement. Computer House, Inc may block mail that violates this AUP. In addition, your Services may be suspended or terminated for violation of this AUP in accordance with the Master Services Agreement. Inquiries regarding this policy should be directed to abuse@computerhouse.com. Bulk Mail You may not use your Mail Service to send Bulk Mail. "Bulk Mail" means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. You may not use a third party other than an authorized Computer House, Inc partner to send Bulk Mail that references a Mail Service email address or that has a Mail Service return email address. You may not intentionally use your Mail Service for the purpose of receiving bulk email from others. For example, you may not submit any Mail Service email address to a "Safelist" or "Free for All" (FFA) list. Mail messages sent to other users within your domain names hosted on the Computer House, Inc system are not Bulk Mail. Unsolicited Mail You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided or his or her email address in a manner which implies consent to receive the email. Message Source You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses. Offensive Content You may not use the Mail Services to distribute content or links to content that Computer House, Inc reasonably believes: constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts; is excessively violent, incites violence, threatens violence or contains harassing content or hate speech; is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; is defamatory or violates a person's privacy; creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement; improperly exposes trade secrets or other confidential or proprietary information of another person; is intended to assist others in defeating technical copyright protections; infringes on another person's copyright, trade or service mark, patent or other property right; promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking; is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Computer House, Inc; is otherwise malicious or fraudulent, or may result in retaliation against Computer House, Inc by offended recipients; or is intended to harass or threaten. You may not send email of any kind to a person who has indicated that they do not wish to receive it. Security You may not probe, scan, or test Computer House, Inc's systems for vulnerabilities. You may not violate or attempt to violate Computer House, Inc's security measures. You may not use Computer House, Inc's services to probe, scan or test a third party's systems for vulnerabilities, or to violate or attempt to violate a third party's security measures. Examples of security violations are: (i) attempting to access data not intended for your use; (ii) attempting to log into an account that you are not authorized to access; (iii) attempting to obtain services you have not paid for (including Computer House, Inc Services); (iv) attempting to discover another person's authentication information; and (v) interfering with another user's use of the Services. You must use reasonable security precautions in connection with your use of the Services, such as a desktop virus scanner and firewall. If your Service is exploited by a third party, Computer House, Inc may suspend your Services until the vulnerability is addressed. For example, Computer House, Inc may suspend your Mail Service if you are distributing a virus, even if you are unaware that you are distributing a virus. System Abuse You may not use the Mail Services in a way that creates technical disturbances for other Computer House, Inc customers or for the Computer House, Inc systems generally. In addition: No Shared Mailboxes - each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as "Fetchmail" or "Microsoft Exchange Connector" to virtualize one mailbox into multiple mailboxes. Automated Use - mailboxes are not intended for automated use such as sending emails from web servers, or receiving emails by automated programs. However, such use is permitted provided Customer does not violate this AUP. Computer House, Inc does not provide technical support for this type of use. Resellers If you are a reseller of Mail Services, you are responsible for use of the Mail Services by your end users in violation of this AUP to the same extent as if you were using the Mail Services yourself. Email Abuse Complaints Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. Computer House, Inc shall have the right to terminate your Mail Service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault. Blacklisting/Retaliation Computer House, Inc may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or Computer House, Inc is retaliated against as a result of your email, regardless of whether you are in breach of this AUP or are otherwise at fault. Third Party Mail Marketing You may not use your Mail Service to send Bulk Mail (defined above) except via a mail marketing service that we have approved in advance. You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk and commercial mail. In addition, you must meet all of the following requirements: The mail may be sent only to individuals who have affirmatively indicated they wish to receive it; Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given; You retain evidence of each recipient's consent in a form that can be promptly produced on request, and you honor the recipient's and Computer House, Inc's requests to produce consent evidence within 72 hours of receipt of the request. You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line; you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented within 48 hours; You have procedures in place to prevent you from adding to a list a recipient who has previously revoked their consent; You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address; You must have a Privacy Policy posted for each domain associated with the mailing; The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information, including your physical address; You have the means to track anonymous complaints; and You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days. These requirements apply to distribution lists created by third parties to the same extent as if the list were created by you. You may not use a third party email service that does not practice similar procedures for all of its customers. Computer House, Inc may test and otherwise monitor your compliance with these requirements and may require you to seek advance approval for any Bulk Mail. Computer House, Inc may throttle your mailing if your Bulk Mail is generating excess bounced messages. NETWORK INSTALLATIONS Computer House, Inc will provide 3-days free on-site service for any issues relating to defects in the installation of a new network or file server. After 30 days, our normal service rates apply. Computer House does not provide warranty service or support for software applications or issues caused by software. This includes, but not limited to, Windows Critical Updates and Service Packs. To qualify for priority status and receive a reduced rate for continuing service, we recommend our pre-paid service contract. (See below). NON-STANFORD COMPUTERS, COMPONENT PURCHASES, REPAIRS & UPGRADES: 60-days parts & labor - Repair or replacement will take place within 2 business days when possible. This warranty does not cover software or problems caused by software, internal tampering, abuse, misuse, voltage surges, improper maintenance or operation, or failure caused by components not installed by Computer House. In all cases, the manufacturer’s warranty takes priority. This warranty does not cover travel expenses. AFTER 60 DAYS - Computer House RMA Policy Most of the items that we sell carry a manufacturer’s warranty of 1-3 years or more. If a component fails after our 60-day coverage period, please contact the manufacturer for repair or replacement. As an alternative, Computer House can facilitate the manufacturer’s RMA process for you for a flat rate of $35. This price includes UPS ground shipping to and from the manufacturer. You must provide us with the original shipping box. Additional charges will apply if Computer House supplies the packaging. USED EQUIPMENT 30-days, parts & labor. This warranty does not cover software or problems caused by software, internal tampering, abuse, misuse, voltage surges, improper maintenance or operation, or failure caused by components not installed by Computer House. SOFTWARE Due to the thousands of different programs on the market, Computer House does not provide free support for software. Please check your software manual or call the manufacturer’s support number. RETURN POLICY: Merchandise returned within 10 days is subject to a 20% restocking fee. No returns after 10 calendar days. No returns on software. Defective software will be replaced by the manufacturer. MISC. POLICIES We recommend regular backups of your hard drive. Computer House is not responsible for loss of data. Checks returned by the bank are subject to a $30.00 charge. All prices and policies are subject to change without notice. RECOMMENDED OPTIONS: COMPUTER HOUSE PRE-PAID SERVICE CONTRACT Provides many benefits including a reduced rate for labor, and priority handling of your call. (Call your Sales Rep. to request a sample copy of the contract) SERVICENET NATIONWIDE ON-SITE SERVICE A 3 or 4-year extended warranty for computers, printers, monitors and laptops. Please see your Sales Rep. for more information. COMPUTER HOUSE MAINTENANCE AGREEMENT Same as the prepaid Service Contract, but adds regular visits to your facility and remote access support. We monitor and maintain such things as tape backup integrity, proper laser printer operation, proper operation of server and workstations, update anti virus software, and other duties normally associated with an MIS manager. Let us be your MIS Department. We can save your company thousands! Service Rates January, 2009 Labor Rates In-Shop Service (Std. Operating Systems) $115.00 per Hour In-Shop Service (Pro Operating Systems) $115.00 per Hour Laptops $115.00 per Hour Onsite Service $115.00 per Hour Overtime Rate $150.00 per Hour Emergency Service $190.00 per Hour Reduced-rate Contract Service $85.00 per Hour Telephone & Remote Access Support $65.00 per hour (1 Hour Minimum) Miscellaneous Info.. - Service billing begins when the technician leaves our office, and ends upon completion of the job. You are not billed for return travel. Service is billed in 30 minute increments with a one-hour minimum. Payment is due at the time of service unless other billing arrangements are made in advance. Internet Support – For issues relating to E-mail, Domain Names, Web Hosting or Internet Access, please send your request to support@computerhouse.com, or call our 24-hour emergency hotline at (609) 652-5100. Business Hours 9:00 AM to 5:00 PM Monday through Friday Acceptable Use Policy All services 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 local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. We prohibit sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited. The subscriber agrees to indemnify and hold Computer House harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Our servers may not be the source, intermediary, or destination address involved in the transmission of Unsolicited Commercial E-mail (spam). Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, then we may immediately, and without warning, disable your account. Examples of non-acceptable content or links: Pirated software, hacker programs or archives, warez sites, Etc. Computer House will be the sole arbiter as to what constitutes a violation of this provision. E-mail Policy: Any bulk mailings sent from your domain must comply with all requirements established by the Can-Spam Act of 2003. For example, your mailing list must be derived from an opt-in system on your web site, or be a private list of your customers. You may not use a purchased mailing list. You must provide a functioning "unsubscribe" hyperlink in your E-mail, and the reply address must be a legitimate E-mail address on the sending domain hosted by Computer House. You must be diligent in keeping your mailing list up to date, and immediately remove from the list those that ask to be removed or any mails that bounce back from an invalid recipient. Your mailing must not violate nor promote the violation of any local, state or federal law. Billing Policy: Payment methods available are: Cash, check, and all major credit cards. Web accounts are billed quarterly or annually in advance. A credit card is required for quarterly billing. Late Payment and Non-Payment Policy: Payments for web services are due on or before the due date. Past due amounts may result in your web site being disabled after 5 days, and deleted from the server after 15 days. Reinstatement of a deleted account requires a $29.00 setup fee to re-establish the account, as well as the payment of any remaining past due amounts. Refund Policy: Setup fees, labor charges, domain name registration fees, SSL Certificates, Static IP addresses, offsite backup, and partial months are not refundable. No refunds are provided to customers whose accounts have been terminated due to any violation of system policies. No refunds are provided after thirty days. Other Charges: Returned check fee: $30.00. Sales Taxes: At the present time, internet services are not taxable, however the one-time setup fee will be taxed at 7% if you are a resident of New Jersey. Service Agreement and Limits of Liability: Computer House strives to provide 100% up-time for its web and mail servers. In the event of technical difficulties, Computer House will perform its best efforts to resolve the difficulties in the shortest time technically and physically possible. Although we perform cyclical backups, we cannot guarantee the ability to restore a website or email. It is the customer's responsibility to maintain regular backups of their websites and email as well as domain renewals. Computer House may use third party companies and services to provide services to its' customers. You agree to abide by the third parties' AUPs and regulations. You agree that the responsibility of Computer House is to provide web site, mail services and technical support only. We do not guarantee any degree of business success, number of hits or visits, etc. Computer House disclaims any and all liability or loss resulting from, but not limited to, acts of God, loss of data or loss of business resulting from access delays, loss of domain name by any means, or service interruptions.