| Terms of Service 1.
Acceptance Acceptance of service assumes terms
have been reviewed and accepted by you, you will be bound by these terms and they
will form the agreement between you and Beckett PC Solutions upon which
the Service will be provided. Beckett PC Solutions will not be required
to perform the Service requested by you until it accepts your request in writing
or electronically. Any provision inconsistent with these terms will not be binding
upon Beckett PC Solutions and, to the extent any such inconsistency exists,
these terms will control. 2. Availability of Services Beckett
PC Solutions one-on-one, phone and online support services and products (the
"hourly" or "Subscription Services") are available only to
one (1) registered user (each, a "subscriber") for the one (1) or more
computer systems registered with Beckett PC Solutions under a subscription
plan (each, a "Registered System"). Support is only available to subscribers
living within the United States. 3. Supported Technology The
Subscriber Services include one-on-one, phone and online support services for
the following platforms, devices, operating systems, applications and other items
listed in Appendix A. As new computer technology becomes generally available,
Beckett PC Solutions will use its best efforts to support such technology. 4.
On Line Service The On Line Service allows you
to interact online and allows Beckett PC Solutions to gain remote access
to your computer to assist in resolving your computer problems. The Service may
also employ software applications to collect system information about your computer,
diagnose your computer problem using such information, relay such information
and, if authorized by you, allow Beckett PC Solutions to remotely access
your computer and/or make repairs. While the use of many components of the Service
are optional, Beckett PC Solutions must have your current system information
in order to perform the Service. If you deny Beckett PC Solutions request
to obtain such information, Beckett PC Solutions will not be able to process
your request to the full extent possible and will be limited in providing the
Service. Beckett PC Solutions will make software
available to you in connection with the Service. The availability of the Software
is subject to the license agreement that you must accept before using the Software.
5. Beckett PC Solutions Responsibilities Beckett
PC Solutions will use its best efforts to resolve Subscribers' basic computer
technical problems for a Registered System. Beckett PC Solutions will attempt
to resolve such technical problems in a professional, reasonable and timely manner,
taking into consideration the circumstances and nature of the technical problems.
Response times may be delayed due to hours of operation, research and/or inquiries,
as may be necessary. Beckett PC Solutions one-on-one, phone and online
support does not assure that every request for support will be resolved to subscriber's
satisfaction. Problems that may arise may be a result of application or hardware
errors or problems that may not be correctable or may be too difficult to resolve
with the tools available within a reasonable time to be cost effective. Beckett
PC Solutions has limited proprietary information from vendors, manufacturers,
and developers, and may not have the ability to obtain any proprietary information
necessary to resolve subscriber's application or hardware problem. 6.
Subscriber's Responsibilities Subscriber is responsible
for providing Beckett PC Solutions with complete information concerning
each Registered System, and to notify Beckett PC Solutions in writing,
in the event the Subscriber wishes to change or add a Registered System. Prior
to seeking support, the subscriber is solely responsible for adequate protection
and backup of subscriber's data, applications and/or hardware. The subscriber
understands and acknowledges that neither Beckett PC Solutions nor any
of its third-party product or service providers shall be responsible for any lost
data, re-run time, inaccurate output, or work delays resulting from any support
services, or products provided by Beckett PC Solutions. You
must (a) comply with all applicable laws in connection with your use of the Service,
(b) not use the Service to infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy. 7.
Third-Party Link and Content Disclaimer Links contained
in Beckett PC Solutions website, included in flyers or broachers, or suggested
verbally, are not under the control of Beckett PC Solutions. Beckett
PC Solutions provides these links only as a convenience, and the inclusion
of any link does not imply any endorsement by Beckett PC Solutions of the
website or any of its contents. All users use materials and information in from
a third-party at their own risk. 8. Beckett PC
Solutions Privacy Policy; Third-Party Privacy Practices All
use of the Subscriber Services and the Beckett PC Solutions website is
subject to Beckett PC Solutions Privacy Policy, which may be found in Appendix
B. Though Beckett PC Solutions promotes responsible privacy policies, Beckett
PC Solutions cannot control or be responsible for the privacy practices of
third-parties, or for the privacy practices of providers of applications or companies
of product providers that are available from the Beckett PC Solutions. 9.
Renewal and Cancellation Each Beckett PC Solutions
subscription will be automatically renewed for another annual subscription term
on the anniversary of Subscriber's original enrollment date (the "Anniversary"),
at the same annual fee and plan type, unless Subscriber notifies Beckett PC
Solutions within thirty (30) days of the Anniversary that Subscriber elects
not to renew the subscription. Subscriber must contact Beckett PC Solutions
at (831) 688-8669 or in writing, to notify Beckett PC Solutions of the
non-renewal, and must present registration information for verification and authorization
to cancel. 10. Fees Payments
must be made by cash, check or through PayPal. Beckett PC Solutions accepts
credit cards through this web site only. If you are not satisfied with the quality
of our technical assistance you can discontinue your subscription without any
obligations and we will immediately return your money in full. 11.
Subscription Non-Transferable Beckett PC Solutions
subscription, and all rights of Subscribers to receive subscription services,
are non-transferable. 12. NO WARRANTIES Beckett
PC Solutions SUBSCRIPTION SERVICES, THE Beckett PC Solutions WEBSITE
(INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE
Beckett PC Solutions WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS,
APPLICATIONS, DOWNLOADS, SERVICES, ADVICE, AND INFORMATION PROVIDED BY Beckett
PC Solutions AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED
"AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Beckett PC Solutions
ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE
SUBSCRIPTION SERVICE, THE Beckett PC Solutions WEBSITE (INCLUDING ALL INFORMATION
AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE Beckett PC Solutions
WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, APPLICATIONS, DOWNLOADS,
SERVICES, ADVICE, AND INFORMATION PROVIDED BY Beckett PC Solutions OR ANY
OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS. 13.
LIMITATION OF LIABILITY IN NO EVENT SHALL Beckett
PC Solutions OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS BE LIABLE
TO ANY PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION
WITH ANY OF THE SUBSCRIPTION SERVICE, THE Beckett PC Solutions WEBSITE
(INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO IN THE
Beckett PC Solutions WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS,
SOFTWARE, DOWNLOADS, SERVICES, ADVICE, AND INFORMATION PROVIDED BY Beckett
PC Solutions OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER
SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 14.
Force Majeure Beckett PC Solutions will
not be liable to you for any failure or delay in the performance of an obligation
pursuant to these terms and conditions to the extent such failure or delay is
caused by circumstances beyond its reasonable control (including, but not limited
to, earthquake, fire, flood or other casualty, an act of God, a strike, lockout
or other labor dispute, war, embargo, blockade, legal restriction, riot, insurrection
or governmental action). 15. Modifications to Terms
of Service Beckett PC Solutions reserves
the right to amend the Terms of Service that govern use of the Subscription Services
and the Beckett PC Solutions website at any time by (a) posting a revised
version of the Terms of Service on the Beckett PC Solutions website (http://becketts.ws/will/pcsolutions.htm),
or by (b) sending information regarding any amendment to the Terms of Service
to the email address Subscriber provides to Beckett PC Solutions. Subscriber
is responsible for regularly reviewing the Beckett PC Solutions website
to be notified of any amendments to the Terms of Service. Subscriber's continued
use of the Subscription Services after such amended Terms of Service have been
posted or information regarding such amended Terms of Service has been sent to
Subscriber shall be deemed acceptance by Subscriber of the amended Terms of Service. 16.
Suspension or Termination of Subscription Beckett
PC Solutions reserves the right to suspend or terminate Subscriber's Subscription
Services. In addition, Beckett PC Solutions reserves the right to suspend
or terminate any Subscription Services of any Subscriber that Beckett PC Solutions,
in its sole discretion, determines are being used (a) fraudulently, (b) by any
person other than Subscriber, or (c) for any computer system other than a Registered
System. 17. General
In
addition to the Terms of Service, Subscriber agrees to be bound by the Privacy
Policy and all other legal notices contained on the Beckett PC Solutions
website, which collectively constitute the entire agreement between Subscriber
and Beckett PC Solutions. Beckett PC Solutions and/or third party
providers may make improvements and/or changes in the products, services, programs,
business or customer policies and prices described in their websites at any time
without notice. California law will govern any action related to the Terms of
Service, without regard to conflict of law principles. The Terms of Service shall
be construed as if it was executed and performed in Aptos, California. Any
cause of action by a Subscriber or other viewer of this website must be commenced
within one (1) year after the cause of action arose or it shall be forever waived
and barred. If any provision of the Terms of Service be held invalid or unenforceable,
that portion shall be enforced to the maximum extent possible, and all other provisions
contained in the Terms of Service shall remain in full force and effect. Beckett
PC Solutions failure to enforce any provision of the Terms of Service shall
not be deemed a waiver of such provision nor of the right to enforce such provision.
The Beckett PC Solutions website is available internationally and may contain
references to Beckett PC Solutions products, services, and programs that
are not available in a viewer's country. These references do not imply that Beckett
PC Solutions intends to make such products, services, or programs available
in such country. -------------- Appendix A Supported applications/hardware
| Platforms: |
| Desktop PCs & Compatibles |
| Laptops & Handhelds* |
|
PC Brands: |
| IBM | HP |
| Compaq | Dell |
| eMachines | PackardBell |
| Toshiba | Sony |
| Acer | Micron |
| AST | Fujitsu |
| NEC | Gateway |
| Epson | NEC |
| and more... |
|
Devices: |
| Printers | CD-ROMs |
| Monitors | CD / DVD-Writers |
| Scanners | DVDs |
| Modems | SoundCards |
| NetworkCards | VideoCards |
| DSL / Cable | USB Devices |
| Zip / Jazz Drives | |
| and more... |
|
| Operating Systems: |
| MSDOS | Windows 3.x |
| Windows 95 | Windows 98 |
| Windows 98 SE | Windows NT |
| Windows
ME | Windows
2000 |
| Windows CE | Windows XP |
| and more... |
| Applications: |
| Microsoft Office | Word |
| Excel | PowerPoint |
| Access | Front Page |
| MS Outlook | Outlook Express |
| MS Netmeeting | |
| MS Media Player | |
| InternetExplorer | America Online |
| Netscape Navigator | |
| Intuit Quicken | Intuit Quickbooks |
| Intuit TurboTax | FTP Clients |
| DialUp Networking | RealPlayer |
| Acrobat | MS Visio |
| pcANYWHERE | WinFaxPro |
| Corel Office | Eudora Mail |
| Corel Gallery | Print Shop |
| Word Perfect | Winzip |
| Adaptec Easy CD
Creator | Palm Desktop |
| Franklin Planner
(Windows) | Franklin Planner
(Outlook) |
| | |
|
and more... |
|
Appendix
B Privacy
Policy Beckett PC Solutions Privacy
Policy Beckett PC Solutions ("us",
"we", or "our"), for its website and registered Subscribers
created this Privacy Policy in order to ensure the confidence of our Subscribers,
website visitors and partners ("you" or "your"), and to demonstrate
our commitment to fair information practices and the protection of privacy. Our
Privacy Policy is subject to change over time, so please review it periodically
for any updates. 1. Types of Information Collected Traffic Data Collected. In addition
to the registration information you provide to us to become a Subscriber, we may
automatically track and collect information when you visit the Website, including
your: (a) IP address; (b) domain server; (c) type of computer; and (d) type of
web browser (collectively, "Traffic Data"). Traffic Data is information
that does not personally identify you but is helpful for marketing purposes and
for improving your experience on the Website. We also use "cookies"
to customize content specific to your interests, to ensure that you do not see
the same advertisement repeatedly, and to lead a registered Member directly to
a login screen. Cookies are small pieces of information that a website places
on your computer's hard drive for tracking purposes. Cookies may also be placed
by third parties when you click-through from the Website to an advertisement or
otherwise link to a website maintained by a third party. Though we may encourage
third parties to adhere to appropriate privacy practices, we are not responsible
for the policies or practices of third parties and you should review them carefully
before providing any personally identifying information to such parties. Personally Identifying Information.
In order for you to access certain Member services and to purchase products that
we offer on the Website, we require you to provide us with information that personally
identifies you (collectively, "Personal Information"). Personal Information
may include: (i) your name, mailing and e-mail addresses (collectively, "Contact
Data"); and (iii) your zip code. If you communicate with us by email, post
messages to any of our chat groups, bulletin boards, or forums, if any, complete
online forms, surveys, contest entries, or the like, any information provided
in such communication may be collected as Personal Information. 2. Uses of Information Collected We use Contact Data to send you
information about Beckett PC Solution products and services, promotional material
from our partners, or to contact you when necessary concerning your Subscription.
We use your Demographic Data to customize and tailor your experience on the Website
by displaying content that we think you might be interested in and according to
your preferences. 3. Sharing of Personal Information We will NOT share Demographic Data
with advertisers and other third parties for statistical purposes. We DO NOT share
Contact Data or Financial Data of Subscribers with other companies or persons.
However, we have no control over any Personal Information you provide to a third
party whose website is linked to the Website or to other third parties. 5. Confidentiality and Security of Personal Information Except as otherwise provided in
this Privacy Policy, we will keep your Personal Information private and will not
share it with third parties, unless such disclosure is necessary to: (a) comply
with a court order or other legal process; (b) protect our rights or property;
(c) enforce our Terms of Service; or (d) protect someone's safety. Your Personal
Information is stored on secure servers of our web host that are not accessible
by third parties. 6. Modifications to Privacy Policy We reserve the right, at any time
and without notice, to update or otherwise modify this Privacy Policy by posting
such update or other modification at the Privacy Policy page on the Website. Any
update or other modification shall be effective immediately upon such posting.
Accordingly, we encourage you to review this Privacy Policy periodically to determine
if it has been modified. |