COMPUTERPLUS SALES AND SERVICE WEB SITE USER AGREEMENT

Legal
ComputerPlus Sales and Service and related Internet media properties (the “Site”) is an online information service provided by ComputerPlus Sales and Service, and use of this service is strictly subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

COMPUTERPLUS SALES AND SERVICE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING AGREEMENT ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING THE AGREEMENT TO BE AWARE OF ANY SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THE AGREEMENT. VIOLATIONS OF THIS AGREEMENT, ATTEMPTS TO CIRCUMVENT SECURITY, OR FRAUDULENT USE OF THIS WEB SITE OR THE INFORMATION CONTAINED WITHIN SHALL BE PROSECUTED TO THE FULLEST EXTENT POSSIBLE. THE TERMS “YOU”, “YOUR”, OR “USER” AS USED IN THIS AGREEMENT ARE SYNONYMOUS AND REFER TO THE PERSON USING THE SERVICES OF COMPUTERPLUS SALES & SERVICE, INC., IN ANY WAY.

(1)DISCLAIMR OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. COMPUTERPLUS SALES AND SERVICE SOFTWARE PROVIDES THE SITE AND RELATED INFORMATION “AS IS.” COMPUTERPLUS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NO INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. COMPUTERPLUS SALES AND SERVICE SOFTWARE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THIS SITE.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. COMPUTERPLUS SALES AND SERVICE SOFTWARE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

(2)LIMITATION OF LIABILITY
IN NO EVENT WILL COMPUTERPLUS SALES AND SERVICE SOFTWARE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND ANY RELATED LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR AS A RESULT OF ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. COMPUTERPLUS SALES & SERVICE WILL NOT BE LIABLE FOR ANY SUCH LOSS. EVEN IF COMPUTERPLUS SALES AND SERVICE SOFTWARE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, COMPUTERPLUS SALES & SERVICE SOFTWARE SHALL NOT BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, COMPUTERPLUS SALES AND SERVICE SOFTWARE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. HOWEVER, THIS LIMITATION OF LIABILITY SHALL BE CONSTRUED PURSUANT TO THE LAWS OF THE STATE OF SOUTH CAROLINA.

3. Copyright, Licenses and Idea Submissions.

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are ComputerPlus Sales and Service, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ComputerPlus Sales and Service a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information including, without limitation, ideas contained therein for new or improved products and services you submit to any public areas of the Site such as bulletin boards, forums and newsgroups or by e-mail to ComputerPlus Sales and Service by all means and in any media now known or hereafter developed ComputerPlus Sales and Service shall have exclusive right to any and all income and/or benefit from any such submitted material. You also grant to ComputerPlus Sales and Service the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ComputerPlus Sales and Service for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ComputerPlus Sales and Service.

4. Trademarks.

Product and company names mentioned in the Site may be the trademarks of their respective owners.

5. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by ComputerPlus Sales and Service, ComputerPlus Sales and Service does not operate, control or endorse any information, products or services on the Internet in any way. Except for ComputerPlus Sales and Service identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with ComputerPlus Sales and Service. You also understand that ComputerPlus Sales and Service cannot and does not guarantee or warrant in any way that files available for downloading through the Site will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or errors. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. ComputerPlus Sales & Service assumes no liability whatsoever for the cost of any service or repair with your software or hardware that may be caused as a result of the use of this site and its services.

In connection with your use of the Site and its services, you agree you will not:

a) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to, an ComputerPlus Sales and Service official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Post or transmit any Material that contains a virus or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity; or

k) Manipulate or otherwise display the Site by using framing or similar navigational technology.

6. Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

7. Indemnification and Reservation of Rights.

You agree to indemnify, defend and hold harmless ComputerPlus Sales and Service, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

ComputerPlus Sales and Service reserves the right to release current or past member or Web site user information if ComputerPlus Sales and Service believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if ComputerPlus Sales and Service deems it necessary and/or appropriate.

8. Third Party Rights.

The provisions of paragraphs 5 (Use of the Site), and 7 (Indemnification) are for the benefit of ComputerPlus Sales and Service and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

9.Term; Termination.

Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 3 (Copyright, Licenses and Idea Submissions), 5 (Use of the Site), 7 (Indemnification), 8 (Third Party Rights) and 13 (Miscellaneous) shall survive any termination of this Agreement.

10. Special Admonitions for International Use.

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ComputerPlus Sales and Service shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

12. Links.

The Site may provide, or third parties may provide, links to non-ComputerPlus Sales and Service web sites or resources. By use of this site you acknowledge that ComputerPlus Sales and Service has no control over such sites and resources and you agree that ComputerPlus Sales and Service is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ComputerPlus Sales and Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the State of South Carolina. You agree that any legal action or proceeding between ComputerPlus Sales and Service and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of South Carolina, United States.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ComputerPlus Sales and Service’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ComputerPlus Sales and Service may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Acceptable Use Statement for ComputerPlus Sales & Service Computing Systems

The following document outlines guidelines for use of the computing systems and facilities located at or operated by (ComputerPlus Sales & Service).

The definition of ComputerPlus Sales & Service Computing Systems will include any computer, server, network and network resource provided or supported by ComputerPlus Sales & Service Computing Systems.

Use of the computer facilities includes the use of data and/or programs stored on ComputerPlus Sales & Service Computing Systems, data and/or programs stored on magnetic tape, floppy disk, CD ROM, or any storage media that is owned and maintained by ComputerPlus Sales & Service Computing Systems.

The “user” of the computing system is the person requesting an account (or accounts) in order to perform work in support of a ComputerPlus Sales & Service program or a project authorized for the ComputerPlus Sales & Service Systems Division. The purpose of these guidelines is to ensure that all ComputerPlus Sales & Service users (business users, support personnel, technical users, and management) use the ComputerPlus Sales & Service Systems Division computing facilities in an effective, efficient, ethical and lawful manner.

ComputerPlus Sales & Service accounts are to be used only for the purpose for which they are authorized and are not to be used for non ComputerPlus Sales & Service related activities.

Unauthorized use of a ComputerPlus Sales & Service account/system is in violation of18 U.S.C.A. § 799, and constitutes theft, and is punishable by law. Therefore, unauthorized use of ComputerPlus Sales & Service Systems Division computing systems and facilities may constitute grounds for either civil or criminal prosecution.

In the text below, “users” refers to users of the ComputerPlus Sales & Service Systems Division computing systems and facilities.

The ComputerPlus Sales & Service Systems computing systems are unclassified systems. Therefore, classified information may not be processed, entered or stored on a ComputerPlus Sales & Service Systems Division computing system. Information is considered “classified” if it is Top Secret, Secret and/or Confidential information, which requires safeguarding in the interest of National Security.

Users are responsible for protecting any information used and/or stored on and/or in their ComputerPlus Sales & Service accounts. Consult the ComputerPlus Sales & Service IT Manager for guidelines on protecting your account and information using the standard system protection mechanisms.

Users are requested to report any suspected weaknesses in ComputerPlus Sales & Service computer security, any incidents of possible misuse, or any violation of this agreement to the proper authorities by contacting ComputerPlus Sales & Service IT Services or by sending electronic mail to administrator@computer-plus.com.

Users shall not attempt to access any data, projects and/or programs contained on ComputerPlus Sales & Service systems for which they do not have authorization or explicit consent of the owner of the data, project and/or program, the ComputerPlus Sales & Service Corporate Officers or the ComputerPlus Sales & Service IT Manager.

Users shall not divulge Dialup, Dial back modem phone numbers or networking addressing scheme to anyone.

Users shall not share their ComputerPlus Sales & Service account(s) with anyone. This includes sharing the password to the account, providing access via any remote access software or other means of sharing or entry.

Users shall not make unauthorized copies of copyrighted software, except as permitted by law or as permitted in writing by the owner of the copyrighted material.

Users shall not make copies of system configuration files or any business data for their own, unauthorized personal use or to provide to other people and/or users for unauthorized uses.

Users shall not purposely engage in activity with the intent to do any of the following: (1) harass other users; (2) degrade the performance of systems; (3) deprive an authorized ComputerPlus Sales & Service user access to a ComputerPlus Sales & Service resource; (4) obtain extra resources, beyond those allocated; or (5) circumvent ComputerPlus Sales & Service computer security measures or gain access to a ComputerPlus Sales & Service system for which proper authorization has not been given.

Electronic communication facilities (such as Email or Newsgroups) are for authorized ComputerPlus Sales & Service use only. Fraudulent, harassing or obscene messages and/or materials shall not be sent from, to or stored on ComputerPlus Sales & Service systems. Internet use (such as web browsing) shall be for business purposes only.

Users shall not download, install or run security programs or utilities that could potentially reveal or cause weaknesses in the security of a system. For example, ComputerPlus Sales & Service users shall not run password cracking, key logging, or any other potentially malicious programs on ComputerPlus Sales & Service Systems computing systems.

Users shall not install any software on ComputerPlus Sales & Service systems not previously approved by ComputerPlus Sales & Service Corporate Offices or IT management. This includes browser plug ins, java applets and media applications from web based locations.

Use of personal computer systems and software on the ComputerPlus Sales & Service network is strictly forbidden. Personal systems found on the ComputerPlus Sales & Service network are subject to having any and all storage media removed and confiscated as property of ComputerPlus Sales & Service.

Users understand that any file on ComputerPlus Sales & Service systems, and ComputerPlus Sales & Service systems email messages are subject to review by ComputerPlus Sales & Service Corporate Officers and are not private.

Any noncompliance with these requirements will constitute a violation of the acceptable use policy and will be reported to the management of the ComputerPlus Sales & Service user and the ComputerPlus Sales & Service IT Manager and will result in short-term or permanent loss of access to ComputerPlus Sales & Service Systems computing systems. Serious violations may result in termination and/or civil or criminal prosecution.

By use of this site and its services, I agree that I have read, understand, and accepted the ComputerPlus Sales & Service Systems Division computing systems Use Ethics Statement for use of the ComputerPlus Sales & Service computing facility and agree to abide by the Use Agreement and all terms contained herein.

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Use of web site and data within implies agreement with use statement and disclaimer.