|Terms of Service|
|Use of Mouse Geeks services is conditional upon acceptance of the agreements set forth within this Terms Of Service document. Mouse Geeks reserves the right to make changes to these agreements from time to time at its sole discretion. Your continued use of this site constitutes your acceptance of any such changes. Mouse Geeks retains the right to deny access to its site or services to anyone, at its sole discretion, for any reason, including violations of this agreement.|
|Violations of system or network security are prohibited, and may result in criminal and civil liability. Mouse Geeks will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
- Use of the BIZynet services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
|Spam (Unsolicited E-Mail)|
|Customers shall not transmit or disseminate unsolicited commercial e-mail (UCE) or unsolicited bulk messages (Spam), including advertisements, informational distributions, and charitable or any other unsolicited solicitations. Customers shall not utilize UCE or Spam to promote or benefit any sites or businesses that are located on the Mouse Geeks network, nor to collect responses from UCE or Spam regardless of whether sent over the Mouse Geeks network.
Customers may not send or attempt to send E-Mail messages or transmit any electronic communications using a name or address of someone other than the Customers for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with the use of Mouse Geeks service is prohibited.
After your first warning from the Mouse Geeks Abuse Department you will be charged at $65 / hour if we must further process SPAM complaints. In the event that emergency action is required by Mouse Geeks to resolve actions by anti-SPAM organizations to blacklist Mouse Geeks IP addresses or other threats to the Mouse Geeks network you will be charged at our emergency rate of $90.00 an hour. Any charges levied DOES NOT mean this is acceptable. Charges reflect the cost to process the complaints, inform the proper agencies of the problem and overall administrative costs. If we feel as though this first offense was a deliberate attempt then your account and all associated Accounts will be closed without warning and without refund.
Upon a second complaint, your account and all associated Accounts will be permanently closed without warning and without refund.
|Payments are due on your corresponding billing date. Your billing date is the day the order was placed and processed. Failure to remit payments in a timely manner will result in service interruption.|
|Changes In Terms and Conditions|
|We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review our policies from time to time so that you are aware of any changes.|
|Disclaimer of Warranties|
|Mouse Geeks disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the mousegeeks.com site. Mouse Geeks disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We cannot accept any responsibility for any harm resulting from downloading or accessing any information or materials via the Internet through Mouse Geeks services.|
|Personal Use Only|
|The Mouse Geeks services are made available for your personal (non-commercial) use. You may not take the contents from this site and display them (in any format) or mirror the site pages or results on your web site.
If you want to make commercial use of mousegeeks.com services, you must enter into an agreement with Mouse Geeks to do so in advance. Please contact us for more information.
|Digital Millennium Copyright Act|
|If you are a copyright owner or an agent thereof and believe that any content on this web site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Mouse Geeks with the following information in writing (See 17 U.S.C 512(c)(3) for further detail):|
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that you consent to the jurisdiction of the federal court in TX, if the copyright conflict results in legal actions.
- Please use the Contact Us page or postal mail to our address to forward your complaint.
- You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
|If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to Mouse Geeks:|
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in TX, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by Mouse Geeks, Mouse Geeks may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Mouse Geeks's sole discretion.
|The collective policies and terms of service presented on our site will be governed by and construed in accordance with the laws of TX, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of our policies to be unenforceable, the remainder of the policies will continue in full force and effect.
The terms of service presented here on our site constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms will be effective only if in writing and signed by Mouse Geeks.