========================================================================================== ***PLEASE READ ALL TERMS CAREFULLY AND COPY/PRINT FOR YOUR RECORDS****. BY PURCHASING OR USING ANY SERVICES OR PRODUCTS OWNED OR OPERATED BY GEEK CITY USA, LLC (GEEKCITYUSA.COM & GEEKCITYUSA.NET), YOU AGREE TO BE LEGALLY BOUND TO ALL TERMS DEFINED BELOW!!!! ============================================================================================ TERMS OF SERVICE & ACCEPTANCE USE POLICY ---------------------------------------- The agreement mentioned here (this "Agreement") sets forth the terms and conditions of your use of geekcityusa.com ("Geek City USA", "Geek City USA, LLC") for web hosting and any other services offered via this site or through Geek City USA, LLC. You certify that you are at least 18 years of age. To become a Geek City USA account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fees and any policies that are or may be published by Geek City USA, LLC both now and any time in the future. This agreement will become effective when accepted by Geek City USA, LLC. It is your responsibility, the customer, to review our web site (http://www.geekcityusa.com) to learn of any changes that may be made to this agreement. We reserve the right to change the terms and conditions of this Agreement or the prices of our services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services. Should you disagree with the changes made to the agreement, you must notify us in writing at the address provided on the "Contact Us" page via geekcityusa.com. The request must include your signature and notification that you wish to cancel all services (see cancellatin policy for all details needed). Once the request has been accepted, you will forfeit all remaining balances on your account and are still required to pay any balance due for services provided. The agreement on this site will supersede all other previous agreements. This agreement may be revised or updated without notice. You are advised to review it regularly as this is your (the customer) responsibility and not Geek City USA, LLC's responsibility to notify you (the customer). WE DO NOT GUARANTEE THAT THE WEBSITE WILL OPERATE ACCORDING TO ANY SPECIFICATION OR DESCRIPTION AND THAT ANY OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY RELATED SOFTWARE OR HARDWARE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY INFORMATION OBTAINED FROM OR VIA THE WEBSITE IS CORRECT, ACCURATE, RELIABLE OR AVAILABLE FOR YOUR UNRESTRICTED USE. You are responsible for any content, materials or information you store or upload to the Website or allow to be stored or uploaded (including, for example, where a third party obtains your password). You must comply with any relevant laws and regulations relating to such activities or information, including, for example, copyright, trade marks, defamation, data protection or any regulation of obscene, offensive or illegal content. We reserve the right to access any information stored on or via the Website and remove all or any part of such information if we deem it to be actually or potentially inappropriate, tasteless, obscene, defamatory or illegal. HOWEVER, WE SHALL BE UNDER NO OBLIGATION TO MONITOR ANY SUCH INFORMATION OR CONTENT AND IT IS YOUR RESPONSIBILITY TO COMPLY WITH APPLICABLE LAW, REGULATION AND THESE TERMS. YOU WILL INDEMNIFY US AGAINST ANY LOSS WE MAY INCUR AS A RESULT OF YOUR BREACH OR ANY ALLEGED BREACH OF ANY SUCH LAW OR REGULATION BY ANY THIRD PARTY. All services and products provided by geekcityusa.com ("Geek City USA", "Geek City USA, LLC") may be used for lawful purposes only. ALL SERVICES AND PRODUCTS ON OR ASSOCIATED WITH THIS SITE (HTTP://WWW.GEEKCITYUSA.COM) ARE PROVIDED "AS IS" WITHOUT ANY TYPE OF WARRANTY. PLEASE USE THE SITE AT YOUR OWN DISCRETION. In addition, while we work hard to provide accurate information, we reserve the right to correct errors in plans, pricing, or other items on our site (www.geekcityusa.com). In addition, we reserve the right to change payment forms that we accept at anytime. We assume no responsibility for users who violate any law of the United States (federal, state, or otherwise). Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city 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. THE CUSTOMER / BUYER AGREE TO INDEMNIFY AND HOLD HARMLESS GEEKCITYUSA.COM FROM ANY CLAIMS RESULTING FROM THE USE OF SERVICE WHICH DAMAGES THE CUSTOMER OR ANY OTHER PARTY. NO PRODUCT AND/OR SERVICE PROVIDED BY GEEK CITY USA MAY BE ASSIGNED OR DELEGATED TO ANY OTHER PARTY OR PERSON OUTSIDE OF THE PERSON(S) DEFINED IN THE ORIGINAL TRANSACTION. ONLY WITH THE EXPRESSED WRITTEN CONSENT OF GEEK CITY USA SHALL ASSIGNMENT OR DELEGATION OF PRODUCT AND/OR SERVICES PROVIDED FROM GEEK CITY USA TO CUSTOMER BE ALLOWED. Rights To Allow Geek City USA to Place Order For Customer - After customer places their initial order via geekcityusa.com, customer has the right to verbally authorize Geek City USA to place an order for them. Customer will still receive their invoice and receipt in the normal fashion that is automatically sent by the Geek City USA ordering system. Geek City USA will only place an order for the customer if Geek City USA has spoken with the account owner and the account owner has authorized such action. This privelage given to Geek City USA by the customer can be revoked at any time by the customer by providing either an e-mail, fax, or written letter confirming they do not want Geek City USA to place orders for them. Customer must ensure they receive some form (again fax, e-mail or letter) of confirmation that Geek City USA has received and ackowledges their request. Force Majeure Exclusion - Geek City USA shall not be liable in damages and will have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of Geek City USA. If for some reason Geek City USA is not able to provide services beyond our control (outside of the Force Majeure Exclusion), we will only be responsible to refund the customer the balance of services that they have ordered in a pro rated amount through the remaining term of their contract. In determining this refund, we will apply all other terms as defined in "Payment Policies, Fees, Prices, and Refunds" section of these terms. CUSTOMER / BUYER AGREES TO RELEASE AND HOLD HARMLESS GEEK CITY USA AND AGREES THAT GEEK CITY USA SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, COMPENSATORY OR PUNITIVE DAMAGES, OR ANY OTHER BENEFITS THE CUSTOM MAY FEEL IS OWED TO THEM OR ANY OTHER PARTY FROM GEEK CITY USA OR ANY OF ITS AGENTS, EMPLOYEES OR ASSOCIATED. GEEK CITY USA AND THEIR AGENTS WILL NEVER BE RESPONSIBLE FOR ANY LOST PROFITS, COMPENSATORY OR PUNITIVE DAMAGES, OR ANY OTHER BENEFITS THE CUSTOMER MAY FEEL IS OWED TO THEM OR ANY OTHER PARTY FROM GEEK CITY USA OR ANY OF ITS AGENTS, EMPLOYEES OR ASSOCIATED. THIS RESPONSIBILITY LIES WITH THE CUSTOMER AND THEY SHOULD RETAIN THE PROPER INSURANCE OR MEANS TO HANDLE THIS TYPE OF SITUATION. ANY CUSTOMER / PERSON COMPLETING ANY AND ALL TRANSACTIONS WITH GEEK CITY USA, LLC THAT IS CURRENTLY UNDER CONTRACT WITH ANOTHER PARTY WHOS BUSINESS INVOLVES WEB HOSTING, WEB DESIGN, OR SIMILAR TO ANY BUSINESS IN WHICH GEEK CITY USA, LLC IS IN AND/OR WHICH CUSTOMER IS PURCHASING SERVICES FROM GEEK CITY USA, AGREES TO NOTIFY GEEK CITY USA, LLC (geekcityusa.com) PRIOR TO COMPLETION OF ANY TRANSACTION WITH GEEK CITY USA, LLC. IN ADDITION, CUSTOMER / PERSON IS RESPONSIBLE TO THIRD PARTY PROVIDER TO VERIFY ANY AND ALL POSSIBLE CONTRACT PENALTIES OR CONFLICTS OF INTEREST FOR ENTERING INTO A CONTRACT WITH GEEK CITY USA, LLC, PRIOR TO COMPLETION OF THEIR CONTRACT WITH SAID THIRD (3RD) PARTY, AS GEEK CITY USA, LLC WILL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY FEES CHARGED BY THIRD PARTY PROVIDER. GEEK CITY USA, LLC WILL NOT BE RESPONSIBLE TO CUSTOMER OR ANY THIRD (3RD) PARTY FOR A CUSTOMER / PERSON RELEASE OF CUSTOMER'S OR THIRD PARTY'S CONFIDENTIAL INFORMATION. CUSTOMER ALSO AGREES THAT THEY ASSUME ALL RESPONSIBILITY AND ATTEMPTED ISSUES OR LAWSUITS THAT 3RD PARTY MAY BRING. GEEK CITY USA, SHALL HOLD CUSTOMER / PERSON RESPSONIBLE FOR ALL TORTIOUS CONTRACTUAL INTERFERENCE, BUSINESS RELATIONS DAMAGE AND ANY OTHER CLAIMS FROM THE THIRD PARTY PROVIDER TO THE CUSTOMER. ADDITIONALLY, CUSTOMER AGREES TO RELEASE GEEK CITY USA, LLC, ITS PARTNERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS, DIRECTORS, OFFICERS, AND EMPLOYEES AS APPLICABLE, FOR ANY LOST PROFITS, COMPENSATORY OR PUNITIVE DAMAGES, OR ANY OTHER BENEFITS THE THIRD PARTY OR CUSTOMER MAY FEEL IS OWED TO THEM OR ANY OTHER PARTY FROM GEEK CITY USA, LLC. GEEK CITY USA AND ALL CUSTOMERS INVOLVED IN ANY TRANSACTION CONDUCTED BETWEEN THE CUSTOMER AND GEEK CITY USA SHALL RECOGNIZE THAT THERE ARE NO BENEFITS PROVIDED (DIRECT OR INDIRECT, EXPRESS OR IMPLIED) TO ANY THIRD (3RD) PARTY DEALING WITH EITHER THE CUSTOMER OR GEEK CITY USA. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the United States of America, State of Texas, County of Liberty (without regard to conflicts of laws principles). You agree to handle all claims and matters brought against Geek City USA, LLC in accordance with this agreement and with the laws set forth in Liberty, TX (Libety County). THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN GEEK CITY USA, LLC (GEEKCITYUSA.COM) AND THE CUSTOMER WITH RESPECT TO THE MATTERS SET FORTH HEREIN AND THERE ARE NO UNDERSTANDINGS, COMMITMENTS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, NOT EXPRESSLY SET FORTH HEREIN. SHOULD ANY PART OF THIS AGREEMENT BE DEEMED INVALID, YOU ACCEPT AND AGREE THAT ALL OTHER CLAUSES AND SECTIONS OF THIS AGREEMENT WILL STILL STAND AS DEFINED IN THIS AGREEMENT. ------------------------------------------------------- Payment Policies, Fees, Prices, and Refunds: All prices on this site are in US Dollars (USD). ALL FEES FOR SERVICES PROVIDED ARE DUE UPON COMPLETION OF THE TRANSACTION. COMPLETION OF THE TRANSACTION SHALL BE AS SOON AS THE CUSTOMER HAS CONFIRMED THEIR ORDER VIA THE ONLINE DETAILS OF ORDER AND CLICKED THAT THEY SUBMIT TO THESE CHARGES (CLICKING TO CONFIRM ORDER SHALL CONSTITUTE AGREEMENT TO PRICES AND PAYMENT). All prices are subject to change without notice. This does not apply to completed transactions. A transaction is a one time event. If there is a question regarding prices, it is the buyer's responsibility to ensure they understand all prices before making a purchase. Some pricing details are included in other parts of this site, such as on the web hosting, web design, or other applicable parts of this site. The buyer agrees they have read and understand these prices and rules. Geek City USA, LLC reserves the right to have a pricing error on our site. If there is a pricing error, we reserve the right to correct this error and refuse selling of a given service or product for an invalid price as defined by Geek City USA. FULL PAYMENT IS REQUIRED AND EXPECTED WHEN ANY GEEK CITY USA, LLC SERVICES OR PRODUCTS IS PROVIDED TO THE CUSTOMER, WHICH INCLUDES RENEWAL OF ANY SERVICE OR PRODUCT. ALL PAYMENT-DUE NOTICES WILL BE SENT BY ELECTRONIC MAIL VIA AN INVOICE. NO BILLS OR INVOICES WILL BE SENT BY POSTAL MAIL OR FAX. PREPAYMENT IS DUE EACH ANNIVERSARY (ONE MONTH, ONE YEAR) FOLLOWING THE DATE THE ACCOUNT WAS ESTABLISHED. BILLING WILL CONTINUE UNTIL YOU CANCEL YOUR HOSTING ACCOUNT. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. On a case-by-case basis, we may (at Geek City USA, LLC's discretion) refund a portion of the hosting plan funds not used through the time remaining the plan paid for, only if we feel it is justified for a good reason. Again, this will be conducted at Geek City USA's discretion and on a case-by-case basis. Just because you are no longer happy with the service is not a valid reason. Any invoice outstanding 26 - 59 days from the date the invoice was issued is subject to a $25 (USD) late payment fee. Invoices outstanding 60 - 89 days are subject to a $75 (USD) late payment fee (after 12/1/2006, the late fee for 60-89 days will be $50 (USD)). Invoices outstanding for 90 or more days beyond the date the invoice was issues is subject to the current late fee owed, plus an additional late payment fee of $10 (USD) every 30 days (beginning on day 90) until payment in full is made. Also, invoices that are more than 59 days overdue are subject to suspension of web hosting services, even if this invoice is unrelated. These fees shall be applied up to the maximum allowable by law (if less). Geek City USA, LLC also reserves the right to hold any customer property as collateral until any outstanding invoice balances are paid. Any invoice outstanding for 90 or more days from the date the invoice was issued is subject to submission to a collection agency. The customer understands and agrees that should Geek City USA, LLC be required to submit the customer's outstanding invoice(s) to a collection agency that the customer will be responsible for the original outstanding balance, all associated late fees, taxes and charges incurred by Geek City USA, LLC from the collection agency. Late fees due will continue to accrue even after the the invoice has been assigned to the collection agency until the balance due is paid. Geek City USA, LLC also reserves the right to bypass the collection agency and file for the outstanding balance and all associated fees due in a court of law. The customer will be responsible for all associated court cost and attorney fees incurred by Geek City USA, LLC. Geek City USA, LLC also reserves the right to select the attorney representing them. Accounts closed for violating any Geek City USA, LLC policy does not qualify for a refund of any kind. geekcityusa.com REGISTRATION/SETUP FEES ARE NONREFUNDABLE UNDER ANY CIRCUMSTANCES. THE CUSTOMER IS RESPONSIBLE FOR ALL MONEY OWED ON THE ACCOUNT FROM THE TIME IT WAS ESTABLISHED to the time that the customer notifies Geek City USA, LLC of cancellation. Additional features can be added at any time. Monthly feature prices are not prorated. Geek City USA reserves the right to change prices at any time. If you have an overdue or outstanding balance with Geek City USA, LLC for any product and/or service we provide, we reserve the right to suspend your account until you pay the outstanding balance. Web hosting accounts more than 7 calendars days into a new term that have not been paid for in full are subject to suspension until full payment has been received. Oustanding web hosting account balances are also subject to the late payment terms for outstanding invoices as previously defined. Please note that it is YOUR responsibility to keep your account current. Please contact us directly if you have any questions. It is our policy that if a customer elects to make modification to a web design that is currently being created, updated, or in some way modified by Geek City USA, LLC or one of their agents, without the express written permission of an officer of Geek City USA, LLC, we reserve the right to request full payment before completing the work related to the web design. Additionally, we agree only to provide the design "as is" (even in a non-complete state) if we are unable to work with the customer to allow us to complete the design. We will also require full payment for the "as is" design. The "as is" design will be provided after full payment is received from the customer. PAYMENT WILL ONLY BE ACCEPTED FOR CREDIT CARDS ONLINE VIA PAYPAL. GEEK CITY USA CHARGES A $25.00 FEE FOR RETURNED OR RESCANNED / REPROCESSED (PROCESSED BY OUR BANK MULTIPLE TIMES TO CHECK FOR FUNDS) CHECKS OR MONEY ORDERS. THIS FEE FOR RETURNED CHECKS OR MONEY ORDERS IS SUBJECT TO ANY ADDITIONAL BANK FEES THAT GEEK CITY USA INCURRS PLUS the $25.00 FEE. THE CUSTOMER SHALL BE RESPONSIBLE FOR ALL OF THESE BANK FEES (FROM EITHER GEEK CITY USA OR THE CUSTOMER'S BANK). IF THE CUSTOMER HAS MULTIPLE RETURNED OR REPROCESSED CHECKS, WE RESERVE THE RIGHT TO REFUSE THAT FORM OF PAYMENT FROM THE CUSTOMER FOR FUTURE SERVICE. In addition, when signing-up via PayPal or postal mail we may call to verify the online transactions to help prevent fraud (this is subject to change at anytime). Checks mailed to our postal address may take up to 10 business days to begin processing after receipt from the postal system. We reserve the right to change the process of handling payments at any time. NOTE: GEEK CITY USA CHARGES A $175 FEE FOR CHARGEBACKS. Before attempting a charge back, please work to resolve the issues with Geek City USA. We do not look favorably on chargebacks and find this to be a waste of our time and resources to resolve these matters. We do not accept international accounts. All client are required to have a valid US (United States of America) address. Should Geek City USA, LLC enter bankruptcy protection, have their data center / provider or other 3rd party that we use enter some form of bankruptcy / go out of business / or similar, (Geek City USA) cease to exist (go completely out of business), lose liquidity in some other form, our responsibilities are as follows, in regards to refunding and/or crediting customer accounts. In the event of one of the given circumstances, we will attempt to do our best in refunding customer accounts based on the months of service remaining on their contract. However, should Geek City USA, LLC fail to retain enough funds to properly credit customer accounts in these circumstances, we reserve the right to follow the laws on this matter in the County of Liberty, State of Texas. In addition, we also reserve the right to follow the bankruptcy laws under the chapter we file (if so done). If we decide to issue any refund, we will always round to the next month before determining any refunds that may be owed to the customer. If a customer requests on-site PC repair during non-peak hours (after 7:00 p.m. Monday through Friday, after 2:00 p.m. on Saturday and all day Sunday), the normal rate will apply plus an additional $25 per hour. Rates will still be calculated with a one (1) hour minimum and then 15 minute increments thereafter. If Geek City USA, LLC starts the job before non-peak hours and the job continues into non-peak hours, it as at the discrection of the Geek City USA, LLC technician if they elect to charge the additional rate for any portion of the time worked during non-peak hours. While Geek City USA, LLC will make every effort to satisfy the customer's schedule, Geek City USA, LLC reserves the right to refuse service calls (on-site PC repair) during non-peak hours. Any computer or equipment (including hardware, software, peripherals and related equipment (including carrying bags)) that is given to Geek City USA, LLC by the customer to repair and/or upgrade will become the property of Geek City USA, LLC (at the discretion of Geek City USA, LLC owners) after 182 days from the initial day customer property is received by Geek City USA, LLC. After 30 days of initial receipt, Geek City USA, LLC reserves the right to charge a $40/month storage fee. ------------------------------------------------------- Sales Tax Policy: It is the responsibility of Geek City USA, LLC to collect sales tax for transactions completed through geekcityusa.com. Services and products provided through Geek City USA, LLC or its agents will be subject to the tax rate for the given service as prescribed be the Texas Comptroller's office. Unless listed by the State of Texas as sales tax exempt (requires proof be provided to Geek City USA, LLC to validate this), all Texas residents are required to pay this sales tax. If you are a Texas resident and state you are not, you will be committing fraud and will be prosecuted to the fullest extent of the law should you be found to be falsifying this information. ------------------------------------------------------ Indemnification and Release Policy: BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GEEK CITY USA, LLC, ITS PARTNERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS, DIRECTORS, OFFICERS, AND EMPLOYEES AS APPLICABLE, FOR ANY IMPROPER, UNAUTHORIZED OR ILLEGAL USES OF OUR SITE AND / OR SERVICES, DATA LOSS BY YOUR COMPANY, OR ANY OTHER USES RELATED TO THIS WEBSITE (GEEKCITYUSA.COM). YOU AGREE TO USE ALL GEEK CITY USA SERVICES AND FACILITIES AT YOUR OWN RISK. GEEK CITY USA SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL GEEK CITY USA BE LIABLE FOR ANY LOSS, OR LOSS OF DATA, OR OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Geek City USA HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Geek City USA. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Geek City USA HARMLESS FROM ANY AND ALL DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING (BUT NOT LIMITED TO) REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Geek City USA, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Geek City USA AGAINST LIABILITIES ARISING OUT OF OR RELATING TO: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH GEEK CITY USA'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GEEK CITY USA'S SERVER. (5) THE USE OF THE SERVICES BY CUSTOMER THAT CAUSES A THIRD-PARTY TO FILE AGAINST GEEK CITY USA, LLC (GEEKCITYUSA.COM) FOR TRADEMARK, SERVICE MARK, TRADE NAME, COPYRIGHT AND PATENT INFRINGEMENT, TRADEMARK DILUTION, TORTIOUS INTERFERENCE WITH CONTRACT OR PROSPECTIVE BUSINESS RELATIONS, UNFAIR COMPETITION, DEFAMATION OR INJURY TO REPUTATION, OR OTHER INJURIES OR DAMAGE TO BUSINESS. While Geek City USA, LLC (Geek City USA, geekcityusa.com) will do its best to ensure all of our services remain available at all times (including: SSL certificates, domain names, design, and hosting), some or all of these services depend on third-party providers. Thus, there may be times when there is nothing that Geek City USA can do to immediately resolve an issue. WHILE WE WILL DO OUR BEST TO RESOLVE THE ISSUE QUICKLY, YOU (THE BUYER / CUSTOMER) AGREE TO INDEMNIFY AND HOLD GEEK CITY USA HARMLESS, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR ANY THIRD PARTY ISSUES THAT ARE BEYOND OUR CONTROL. WHILE WE (GEEK CITY USA) WILL DO OUR BEST TO RESOLVE THE PROBLEM QUICKLY, WE MAKE NO PROMISES OR GUARANTEES FOR THE SERVICES PROVIDED BY THE THIRD PARTY COMPANY(IES). GEEK CITY USA WILL BE THE SOLE DETERMINANT OF THE DEFINITION FOR "DO OUR BEST" IN THIS AGREEMENT. YOU THE CUSTOMER ALSO UNDERSTAND AND ACCEPT THAT FROM TIME TO TIME GEEK CITY USA, LLC WILL NEED TO USE A 3RD PARTY PROVIDER FOR CERTAIN PC RELATED SERVICES. YOU UNDERSTAND AND ACCEPT THAT WHILE GEEK CITY USA, LLC WILL DO IT'S BEST, WE MAKE NO GUARANTEES ON ANY DATA. ALSO, IF THE HARDWARE PROVIDED IS DEFECTIVE WHEN GIVEN TO GEEK CITY USA, LLC, WE MAKE NO GUARANTEE OF THE CONDITION OF THIS HARDWARE OR IF WE WILL BE ABLE TO RETURN IT IN THE SAME STATE (IF AT ALL). GEEK CITY USA, LLC OR ONE OF THEIR AGENTS INVOLVED MAY BE CHARGED A SHIPPING CHARGE BY OUR 3RD PARTY VENDOR. ANY SHIPPING OR OTHER ADDITIONAL CHARGES WILL BE PASSED ON TO THE CUSTOMER. Geek City USA shall be the sole judge of what violates this Policy. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Geek City USA's failure to exercise or enforce any right or provision of the agreement will not constitute a waiver of such right or provision. Customer shall not assign this agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Geek City USA, LLC, and any such attempted assignment shall be void. ------------------------------------------------------- Prohibited Sites: Prohibited sites (including, but not limited to) that promote any illegal or unauthorized activity or present content that may be damaging to geekcityusa.com servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: pirated software hacker programs or archives Warez sites Adult oriented sites (including all pornography) Child Pornography NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL OR UNAUTHORIZED ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE AND WITHOUT ANY REFUND WHATSOEVER (INCLUDING ANY REMAING BALANCE AND OR TIME ON YOUR PLAN), AND A $250.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, GEEK CITY USA, LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. Geek City USA will be the sole arbiter as to what constitutes a violation of this provision. Please note that while we will do our best to find and remove all such sites, we make no claim to assume any guarantee to find all illegal or unauthorized sites at a given time. We always reserve the right to monitor sites hosted via geekcityusa.com. -------------------------------------------------------- Information Security Services: LET IT BE KNOWN THAT ANY AND ALL INFORMATION SECURITY RELATED SERVICES PROVIDED BY GEEK CITY USA, LLC ARE GIVEN ONLY AS TECHNICAL INFORMATION. WE ARE NOT PROVIDING ANY LEGAL ADVICE AS WE ARE NOT ATTORNEYS. WE RECOMMEND THAT THE CUSTOMER WHO USES THIS SERVICE CONSULT WITH THEIR LEGAL COUNSEL TO ENSURE THE TERMS OF THE DEFINED POLICY IS VALID FOR YOUR BUSINESS AND YOUR LOCATION WHERE THE BUSINESS IS LOCATED. SINCE INFORMATION SECURITY SERVICES ARE ONLY GIVEN AS TECHNICAL INFORMATION, THE CUSTOMER USING THESE SERVICES AGREES TO INDEMNIFY AND HOLD HARMLESS GEEK CITY USA, LLC, ITS PARTNERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS, DIRECTORS, OFFICERS, AND EMPLOYEES. While Geek City USA, LLC works hard to assist our customers in information security related matters, customers should always ensure their policies, procedures or whatever information security service used is current. Information security services can include (but are not necessarily limited to) security policies, procedures and evaluations. -------------------------------------------------------- Web Design Services: LET IT BE KNOWN THAT ANY AND ALL WEB DESIGN SERVICES RECEIVED THROUGH GEEK CITY USA, LLC (WWW.GEEKCITYUSA.COM) IS THE SOLE PROPERTY OF GEEK CITY USA, LLC. THE PURCHASER OF SUCH DESIGN SERVICES IS PURCHASING THE RIGHT TO USE AND DISPLAY THESE WORKS ON A geekcityusa.com THAT THEY ARE HOSTING ONLY ON GEEK CITY USA, LLC'S HOSTING PLANS. This allows us to offer high quality, affordable designs. If the client / user would like to retain full rights to this design, they must request in writing that Geek City USA release these rights to them. Please realize that the cost to release these design rights will be significantly higher than if Geek City USA retains the rights to the web design and all images / scripts. Should the customer elect to move their hosting of a website designed by Geek City USA to a different provider and they have not purchased exclusive rights to the design, the customer will be required to keep the "Designed by Geek City USA" text and link to http://www.geekcityusa.com intact at the bottom of each page of the site if this was placed on the site when designed. If the request to obtain exclusive rights are requested after payment for the design has been made, it will be the customer's responsibility to pay Geek City USA, LLC the difference in the price for the exclusive rights and the amount originally paid. NOTE THAT ALL IMAGES AND / OR DESIGNS THAT WERE NOT FULLY DEVELOPED BY/FOR GEEK CITY USA, LLC ARE OWNED BY THEIR RESPECTIVE OWNERS AND GEEK CITY USA ASSUMES NO RESPONSIBILITY FOR THESE DESIGNS. FOR THESE DESIGNS, GEEK CITY USA ONLY RETAINS RIGHTS ON THE PORTION OF SCRIPTING / CODE THAT IT COMPLETED AND / OR ANY IMAGES THEY DEVELOPED OR MODIFIED. THUS, ANY DESIGNS DEVELOPED AND OR CREATED BY A GEEK CITY USA, LLC CUSTOMER, PARTIALLY DESIGNED BY SOMEONE OTHER THAN GEEK CITY USA (THOSE NOT ACTING AS A GEEK CITY USA AGENT), OR OTHERWISE, THOSE PORTIONS DESIGNED BY SOMEONE OTHER THAN A PERSON(S) THAT ARE OWNERS, EMPLOYEE, OR AGENTS OF GEEK CITY USA ARE RESERVED TO THEIR OWNER (INCLUDING ALL PORTIONS OF THE IMAGES, SCRIPTS, FORMS, ETC.). SHOULD A CUSTOMER TAKE A DESIGN WORK WITH THEM THAT WAS IN SOME FORM DESIGNED BY GEEK CITY USA'S EMPLOYEES, OWNERS, AGENTS, OR OTHERWISE, WITHOUT THE EXPRESS WRITTEN CONSENT WILL BE FOUND IN VIOLATION OF GEEK CITY USA'S POLICY. IN SUCH CASE, GEEK CITY USA RESERVES THE RIGHT TO FILE SUIT AGAINST SAID CUSTOMER / CLIENT / PERSON AND THE CUSTOMER / CLIENT / PERSON AGREES TO PAY ALL LITIGATION COSTS INVOLVED (INCLUDING BUT NOT LIMITED TO: COURT COSTS, ATTORNEY FEES, AND OTHERS). WEB DESIGN WILL INCLUDE ANY IMAGES, SCRIPTS, FORMS, OR OTHER DATA CONTAINED WITHIN A SITE DESIGN. IN ADDITION, SOME SITE DESIGNS WILL INVOLVE CUSTOMIZING THE IMAGE AND OR CONTENT. REGARDING FREELY AVAILABLE WEB SITE TEMPLATES -- PLEASE REALIZE THAT YOU ARE NOT PAYING FOR AND WE ARE NOT CHARGING FOR USE OF THE BASE TEMPLATE (THIS IS FREELY AVAILABLE FOR YOU TO FIND ON THE INTERNET). YOU WILL BE PAYING FOR THE CUSTOMIZATION OF THE CONTENT AND ANY IMAGE MODIFICATION OR ADDITION OF ANY NEW IMAGES. ALL WEB DESIGNS OR WEB DESIGN CHANGES THAT ARE SOLD TO A CUSTOMER BY GEEK CITY USA, LLC OR AN AGENT OF GEEK CITY USA, LLC SHALL BE CONSIDERED FULLY COMPLETED AND THE CUSTOMER FULLY SATISFIED AFTER TWO (2) CALENDAR DAYS UPON PUBLISHING OF THE WEB DESIGN TO THE CUSTOMER OWNED OR PURCHASED DOMAIN THEY PROVIDED TO GEEK CITY USA, LLC OR TWELVE CALENDAR MONTHS (1 YEAR) FROM THE INVOICE DATE OF THE INITIAL DOWN PAYMENT ON THE WEB DESIGN (APPLIES ONLY WHEN GEEK CITY USA IS UNABLE TO COMPLETE THE DESIGN DUE TO WAITING ON CUSTOMER REQUIREMENTS OR CUSTOMER RELATED REQUESTS). SHOULD THE DESIGN TIME EXTEND BEYOND 12 CALENDAR MONTHS (1 YEAR) FROM THE INITIAL INVOICE DATE (AS SPECIFIED ABOVE), CUSTOMER WILL FORFEIT ALL FEES PAID TO START THE PROCESS. IF THE CUSTOMER IS UNHAPPY WITH THE DESIGN DURING THESE TWO CALENDAR DAYS (APPLIES ONLY TO A COMPLETED DESIGN - NOT DESIGNS FORFEITED (AS SPECIFIED ABOVE)), GEEK CITY USA, LLC WILL WORK WITH CUSTOMER TO RESOLVE THE MATTER (SUBJECT TO ADDITIONAL FEES). AFTER TWO CALENDAR DAYS, ANY CONCERN(S) WITH THE WEB DESIGN SHALL BE CONSIDERED A NEW TRANSACTION AND WILL REQUIRE GEEK CITY USA, LLC AND THE CUSTOMER TO START A NEW DISCUSSION AND DETERMINE THE CHANGES AND FEES INVOLVED. ANY CUSTOMER ELECTING TO HAVE GEEK CITY USA OR ONE OF THEIR AGENTS MODIFY A TEMPLATE THAT IS PROVIDE THROUGH GEEK CITY USA (APPLIES ONLY TO TEMPLATES EXPRESS TEMPLATES OR SOHOLAUCH TEMPLATES THAT COME WITH THE SPECIFIED WEB HOSTING PACKAGE AS LISTED ON THE WEB HOSTING PAGE VIA GEEKCITYUSA.COM) WILL BE CHARGED THE RATE PER PAGE SPECIFIED ON THE WEB DESIGN PAGE VIA GEEKCITYUSA.COM. GEEK CITY USA RESERVES THE RIGHT TO CHARGE ADDITIONAL FEES SHOULD THE CUSTOMER ELECT TO PLACE ANYTHING ON A GIVEN PAGE IN EXCESS OF 8 (EIGHT) PARAGRAPHS (MAX 4 (FOUR) SENTENCES PER PARAGRAPH AND A TOTAL OF 110 WORDS PER PARAGRAPH (SUBJECT TO GEEK CITY USA, LLC's DISCRETION)) AND THREE EXTRA IMAGES (GEEK CITY USA WILL ONLY RESIZE AND WILL NOT MAKE ANY OTHER MODIFICATIONS TO THE IMAGE) PER PAGE. ALL IMAGES MUST BE PROVIDED BY THE CUSTOMER. THIS TOTAL OF 3 (THREE) IMAGES PER PAGE DOES NOT INCLUDE IMAGES ALREADY BUILT INTO THE TEMPLATE SELECTED BY THE CUSTOMER. IF CUSTOMER WANTS ADDITIONAL CHANGES BEYOND THE ADDING OF TEXT OR IMAGES AS PREVIOUSLY DEFINED, CUSTOMER WILL BE PROVIDED CUSTOM QUOTE FOR COST OF ADDITIONAL WORK. REGARDING ON-SITE CONSULATION FOR WEB DESIGN, CUSTOMER UNDERSTANDS AND AGREES THAT ON-SITE CONSULTATIONS WILL ONLY BE GUARANTEED TO BE PROVIDED FOR LEVEL 2 (PROFESSIONAL DESIGN - SEE THE WEB DESIGN PAGE FOR DETAILS ON THIS LEVEL) DESIGNS. ANY ON-SITE CONSULTATION PROVIDED FOR LEVEL 1 (TEMPLATE COMPLETION - SEE THE WEB DESIGN PAGE FOR DETAILS ON THIS LEVEL) IS COMPLETELY AT THE DISCRECTION OF GEEK CITY USA, LLC AND IS SUBJECT TO A HOURLY CONSULTATION FEE. FOR THE LEVEL 2 CONSULTATION, GEEK CITY USA, LLC WILL PROVIDE A 1 (ONE) HOUR FREE OF CHARGE CONSULATION. ANY ADDITIONAL HOURS ARE SUBJECT TO THE REGULAR GEEK CITY USA, LLC CONSULTATION RATES AT THE TIME OF SERVICE. IN ADDITIONAL, ALL ON-SITE SERVICES ARE SUBJECT TO AN ADDITIONAL TRAVEL FEE. A HALF HOUR TELEPHONE CONSULATION WILL BE PROVIDED FREE OF CHARGE TO ANY CUSTOMERS DOING A DESIGN AT LEVEL 1 (TEMPLATE COMPLETION). GEEK CITY USA, LLC WILL MAKE NO GUARANTEE TO ADVERTISE THE FREE HALF HOUR CONSULTATION FOR THE LEVEL 1 (TEMPLATE COMPLETION) DESIGN. TO GUARANTEE THIS, CUSTOMER MUST NOTIFY GEEK CITY USA, LLC REQUESTING THIS OPTION. ------------------------------------------------------------- Website Marketing Services: Thank you for choosing our web site marketing program as a means to improve your web site on the search engines and to use our Yahoo Search Marketing Paid Search Manager and other paid search services to create, manage and monitor your cost per click, Paid Inclusion or other Search Engine Marketing campaigns. We hope you find our services valuable. The following terms and conditions (the "Terms of Use") govern your use of Geek City USA, LLC's website marketing services that are offered here. By using this services provided thereon, you agree to be, and are, bound by these Terms of Use. These Terms of Use may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of this web site or service after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and Geek City USA, LLC, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use these servces or any other services provided by Geek City USA, LLC. 1. OWNERSHIP The trademarks, logos, and service marks displayed on this web site (collectively, the "Marks") belong to the prospective companies listed. Geek City USA, LLC retains all rights to trade marks owned by them and nothing in these Terms of Use grants you or anyone else any right whatsoever to the use the Marks owned by Geek City USA, LLC or any other company. You may not use, reproduce, or display any Marks without their owner's prior written consent. Unless expressly stated on the geekcityusa.com web site, you should assume that all content, images, and materials appearing on this site (collectively, the "Content") are the sole property of Geek City USA, LLC or the company so named. Both U.S. and international copyright laws and treaties protect such Content. You may not use, reproduce, display, or sell any Content without the given company's prior written consent. You may not link to any page within our web site or frame any portion of the site without Geek City USA, LLC's prior written consent. 2. TERMINATION OF MAKRETING SERVICES Geek City USA, LLC may modify or discontinue its website marketing services it provides at any time, and for any reason, with or without notice to you. Geek City USA, LLC will not be liable to you or any third party as a result of such modification or discontinuation of any of these marketing services or other Geek City USA, LLC provided services. The provisions of these Terms of Use will survive any termination of this Web site or any services provided by Geek City USA, LLC. 3. DISCLAIMER You acknowledge and agree that your use of our website and the services we offer is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website and the services we offer are provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Geek City USA, LLC HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. GEEK CITY USA, LLC MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE Geek City USA, LLC WEB SITE IS ACCURATE OR COMPLETE, OR THAT OUR WEBSITE OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS. 4. LINKS Our website may contain links to other Internet Web sites or resources. You acknowledge and agree that the Geek City USA, LLC is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our Web site does not imply that we endorses any of the linked sites. You use the links at your own risk. 5. REGISTRATION AND ACCOUNT USE You agree that any information you provide in response to the ordering or registration process and other forms will be true, accurate, current and complete and you have the authority to provide such information. In particular, you agree not to misrepresent your identity to Geek City USA, LLC. By submitting any information to us, you grant us the right to use this information to provide any services you request. 6. LIMITATION OF LIABILITY If you do not agree with our Terms of Use, or if you are not satisfied with our website or any of the services that Geek City USA, LLC provides, your sole remedy is to discontinue your use of our website and these marketing services. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT , INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE OF OUR WEBSITE OR SERVICES, GEEK CITY USA, LLC'S SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE WEB SITES OR SERVICES OR THROUGH THE WEB SITES AND SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GEEK CITY USA, LLC HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF OUR WEBSITE AND SERVICES. SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. 7. INDEMNITY You agree to defend, indemnify, and hold harmless Geek City USA, LLC, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of our website marketing services, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights. 8. MODIFICATIONS TO TERMS OF USE No modification to these Terms of Use will be effective unless: (a) posted by Geek City USA, LLC in the section of our website; or (b) expressly agreed to in writing on Geek City USA, LLC's letterhead and signed by an executive vice president or higher-level officer of our company. Any modification posted on this site will become effective immediately, and your continued use of our website or the marketing services it offers will signify your acceptance of such modified terms. 9. THE MARKETING SERVICES Geek City USA, LLC will provide you with the Services for which you register for, subject to the terms and conditions of this Agreement. You acknowledge that the Services may be offered in various separately priced service levels or packages ("Program Plans"), and you will only receive the Program Plans that you have ordered and paid for, and for which you are paying all associated fees. Geek City USA, LLC reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of these Services at any time in its sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement. You agree that from time to time the site and/or services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability. You agree that Geek City USA, LLC is not responsible for the functionality of the Yahoo Search Marketing or any other Paid Search Manager offerred in the future, the Paid Search engines or any other paid search services while the Geek City USA, LLC may submit changes to the paid search engines on your behalf, Geek City USA, LLC cannot guarantee that the paid search engines will make those changes correctly or in a timely manner or they may not make the changes at all. You agree that Geek City USA, LLC may place limitations and restrictions on the access and/or use of the paid search services including but may not be limited to the access of the service, number of changes that may be made within the service, the limitations and restrictions may change without notice. You agree to be solely responsible for any authorized or unauthorized access to your account by any person, including, without limitation, any charges to your account by Geek City USA, LLC and/or directly with any cost per click or paid inclusion search engines. If any unauthorized access occurs then you agree that you must notify Geek City USA, LLC via phone and email immediately, and Geek City USA, LLC will do everything within their power to suspend the account until a new password is in place or attempt to notify the Paid Search provider. FREE 90-DAY OFFER SERVICES DISCLAIMER: You agree to receive Geek City USA, LLC's FREE 90-day promotional offer when given via their website. You also understand that this is not always available. From time to time, Geek City USA, LLC will offer a FREE 90 day trial of their "Geek Marketing Package 2". This will only be available to customer who have never (now or in the past) used any of Geek City USA, LLC's marketing services. Current customers are not eligible for this offer. You also understand and recognize that this offer is a one time introductory offer that you can only be a member of once! If you purchase one of our programs directly from the Geek City USA, LLC Web site, you will be charged the appropriate price for that program. 2. REGISTRATION Geek City USA, LLC reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you unless and until it has received appropriate payment for the applicable fee. Geek City USA, LLC's use of your registration information is governed by Geek City USA, LLC's privacy policy. Geek City USA, LLC's is the sole determinant of what is considered "appropriate payment". 3. YOUR PROMISES AND OBLIGATIONS AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING. (a) All of the registration information you supply to Geek City USA, LLC is true, complete, and accurate, and you will notify Geek City USA, LLC of any changes to your registration data during the term of this Agreement and submit updated information within ten (10) days of any such changes; (b) None of the URLs you submit to Geek City USA, LLC link to any Web page or site that contains any: i. nudity, pornography, or other sexual or adult material; ii. hate propaganda or material that encourages or promotes illegal activity or violence; iii.content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights; iv. material that promotes or utilizes software or services designed to deliver unsolicited email; v. material that violates any local, state, or national law or regulation; vi. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or vii.other material that Geek City USA, LLC, in its sole discretion, deems inappropriate, including any violations of standards posted on Geek City USA, LLC's Web site or sent to you by email; (c) You will safeguard your any and all account user names and passwords received for any portion of Geek City USA, LLC's marketing services (including paid marketing services) by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password; You agree not to access the paid search services by any other means than through the username, password and interface provided by either Geek City USA, LLC or the paid search marketing vendor. You agree not to disclose your username and password to anyone or allow anyone or any third party to access your account. (d) You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without Geek City USA, LLC's written consent; (e) You will treat any and all consumer information gathered for you or transmitted to you via the Geek City USA, LLC Web site or Services in accordance with Geek City USA, LLC's Privacy Policy; (f) You will comply with all local, state, and federal laws and regulations governing your actions under this Agreement; and (g) You have full power and authority to enter into this Agreement and to perform your obligations hereunder. You shall not be in violation of any obligation, contract or agreement by entering into these terms, by performing your obligations under these terms or by authorizing and permitting Geek City USA, LLC to perform the services. You are not prohibited by any paid search engine from entering this agreement or allowing Geek City USA, LLC to provide any of the services. (h) You hereby authorize Geek City USA, LLC to perform all services hereunder on your behalf with each applicable paid search engine, including, without limitation, the opening of or changes to your accounts with each applicable paid search engine: Upon request by Geek City USA, LLC, you shall immediately provide a written statement in a form acceptable to Geek City USA, LLC and any applicable paid search engine confirming providing companies authority listed within this agreement. Without limiting its other remedies, Geek City USA, LLC may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, Geek City USA, LLC reserves the right to monitor the content of the Web pages or sites that correspond to the URLs you submit to Geek City USA, LLC. 4. PAYMENT You agree to pay Geek City USA, LLC any set-up fees and recurring subscription fees listed on Geek City USA, LLC's Web site for the Service Plan you select. All renewal fees may incur 5 days prior to expiration in order to ensure users program is not interrupted and no billing issues occur prior to expiration of account. If user decides not to continue the program and the user does not want the account to renew, user has full power to request in writting to Geek City USA, LLC that they do not want to renew their website marketing services provided by Geek City USA, LLC. This request must be received and acknowledged by Geek City USA, LLC, no later than 15 days before the account renewal or the account will automatically renew. Once the account has been renewed no refund will be rewarded since the customer has full rights and capability to contact Geek City USA, LLC for this matter any time prior by the customer, at anytime via fax, postal letter or e-mail. Completion and submission of any order placed via geekcityusa.com authorizes Geek City USA, LLC to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Service. Such charges will be made on a periodic basis, coinciding with the subscription period for the selected Service (for example, monthly, quarterly or annually). In order to avoid the full fee for any new subscription period, you must cancel the Service 15 days BEFORE the new period begins. You agree to pay all account charges for paid search services in advance by a valid credit card acceptable to Geek City USA, LLC and expressly authorize Geek City USA, LLC or the applicable paid search engine marketing services to charge your credit card for any and all applicable account charges associated with your account whether these charges are the result of actions by Geek City USA, LLC on your behalf or by you. You agree to pay and be solely responsible and liable for all charges associated with any of the paid search engines or any other third party accounts, including, without limitation accounts with the paid search engines, whether opened directly by you or opened by Geek City USA, LLC on your behalf, arising out of your use or access of the services or otherwise. Geek City USA, LLC shall have no responsibility or liability for any such charges, costs or liabilities. You will not make any claim to any paid search engine that you will not pay the charges to your account with the particular paid search engine as a result of providing companies actions or for any other reason. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement. Without limiting any other remedies available to Geek City USA, LLC, YOU AGREE TO FULLY REIMBURSE Geek City USA, LLC FOR ANY COSTS AND EXPENSES THAT Geek City USA, LLC MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS. 5. PRICING CHANGES AND OTHER MODIFICATIONS Geek City USA, LLC may change its Service fees, or any other terms of this Agreement, at any time by updating the applicable pricing information or other terms posted on Geek City USA, LLC's Web site or within its online ordering system. New pricing terms for program fees will become effective beginning with the first full billing cycle that your account starts or renews, after Geek City USA, LLC posts such changes to its Web site or within its online ordering system. Changes to terms not related to pricing will become effective immediately after being posted via geekcityusa.com. Any change to fees or charges associated with the paid search services or other services will be effective immediately without prior notice. If you do not agree to any changes posted by Geek City USA, LLC in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes. 6. DURATION AND CANCELLATION OF SERVICES Unless stated otherwise on Geek City USA, LLC's Web pages applicable to these marketing ervice, each marketing service will be provided and billed on a quarterly subscription basis, measured from the day the order for such service is placed by the customer. Activation of the given Service up to 10 days to be processed. Subscriptions will automatically renew with each quarter, as applicable, until cancelled in accordance with this section. At any time after activation of a Service, either you or Geek City USA, LLC may cancel that Service (or Geek City USA, LLC may discontinue the Service completely) by providing written notice to the other party in e-mail, fax or letter, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) or calendar month (for free Services). Geek City USA, LLC also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service. For accounts with the paid search engines or any other third party accounts opened directly by you or by Geek City USA, LLC on your behalf, you will need to contact such paid search engines directly yourself in order to cancel or terminate your particular paid search account with the appropriate paid search engine. NO REFUNDS WILL BE AVAILABLE ON ACCOUNT OF ANY SERVICE CANCELLATION BY EITHER PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE SECTION ENTITLED "REFUNDS" WITHIN THIS SUBSECTION BELOW. 7. TERM AND TERMINATION OF AGREEMENT Sections 10 AND 11 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. Without limiting any of the restrictions above, you acknowledge and agree that NO REFUNDS OR PARTIAL REFUNDS WILL BE ISSUED: (a) FOR ANY SERVICE THAT YOU CANCEL AFTER RENEWAL HAS TAKEN PLACE. (b) Geek City USA, LLC shall not give any refunds for unspent money amounts that may be in any or all of the paid search engines accounts upon cancellation. 9. LIMITATION OF LIABILITY IN NO EVENT WILL Geek City USA, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT Geek City USA, LLC IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT WILL Geek City USA, LLC'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100 OR THE AMOUNT RECEIVED BY Geek City USA, LLC FROM YOU UNDER THIS AGREEMENT, WHICH EVER IS THE LESSOR AMOUNT OR CIRCUMSTANCES GIVING RISE TO LIABILITY, OR, IF SUCH LIABILITY ARISES FROM ANY PARTICULAR SERVICE(S), THEN Geek City USA, LLC'S LIABILITY WILL BE LIMITED TO THE FEES YOU HAVE PAID TO Geek City USA, LLC FOR THE PARTICULAR SERVICE(S) RELATED ONLY TO THE SERVICE INCIDENT IN QUESTION. Without limiting the foregoing, Geek City USA, LLC is not responsible for any of your data residing on Geek City USA, LLC hardware. You are responsible for backing-up your data and information that may reside on the Geek City USA, LLC hardware, whether or not such information is produced through the use of the Service. 10. GENERAL PROVISIONS This Agreement, along with Geek City USA, LLC's other terms, conditions, and policies referenced within this entire terms of service, constitutes the entire agreement between you and Geek City USA, LLC with respect to the marketing services and other service. To the extent of any conflict between this Agreement and Geek City USA, LLC's Web site Terms of Use, the Web site Terms of Use will govern your general use of Geek City USA, LLC's Web site, and this Agreement will govern your use of the marketing services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force. Customers acknowledge and agree that their Web site information (name, URL, etc.) may be utilized by Geek City USA, LLC. Possible uses include (but are not limited to) lists of member sites, general promotional uses, etc. Geek City USA, LLC services are provided on an "AS IS, AS AVAILABLE" basis. Geek City USA, LLC makes no guarantee of availability of the Geek City USA, LLC program and is held harmless in the event of loss of or interruption of service of any kind. Geek City USA, LLC reserves the right to modify, or change these Terms and Conditions. Members of this service must agree to the above general terms, as well as any additional terms and conditions governing the specific marketing services used by the customer, in order to use the Geek City USA, LLC service. ------------------------------------------------------------- Website Maintenance: All customers who elect to have their site maintained (modified) by Geek City USA, LLC (Geek City USA) understand that the prices quoted on the web design page of geekcityusa.com reflects the cost to only modify text and or images (this includes having us resize your image to fit how the customer wants it on the page). This website maintenace charges listed on the design page does not include the cost to make image modifications or changes to the design structure, scheme, programming (outside of adding text or images) or other dynamics of the site design. This would require one of our sales representatives to provide a quote for this change. Customer further understands and accepts that the definition of one change shall be defined by Geek City USA and what is definied as the number of changes for their specific request will be defined before work is started. We also reserve the right to remove the option stating that we will provide 1 (one) free minor change per month to customers whose site we designed and that host with Geek City USA, LLC at anytime. The customer accepts that they are aware, fully understand and agree to this clause. ------------------------------------------------------------- Travel Fee / Surcharge: All customers that require any Geek City USA, LLC service where Geek City USA, LLC or one of their agents are required to travel are subject to a per mile travel fee / surcharge, in addition to the regular per hour labor rate. The rate for this fee is subject to change at anytime. Customer who are concerned about the exact travel fee / surcharge, are requested to ask Geek City USA, LLC prior to Geek City USA, LLC going on-site to perform the service and if Geek City USA, LLC is given the exact address, they can provide an exact travel charge per on-site service call or consultation. This applies to all Geek City USA, LLC services provided. ------------------------------------------------------------ Customer Referral / Rewards: Geek City USA, LLC reserves the right to cancel this program at anytime without providing further compensation or rewards. Customer understands and agrees that they will only receive one additional web page based on their current design (professional design or template based); any changes to the general design scheme is ineligible for this program. This extra page being offerred as a reward is only applicable on a static page; the e-commerce portion of the site modification (adding a page to the e-commerce portion of the site) is ineligible for this program. This additional page will only involve Geek City USA devoting no more than 2 billing hours to add this page. Customer agrees that any additional time spent adding this additional "rewards" page will be subject to additional costs at the current billing rate. Customer will be notified prior to adding the page if additional cost will be incurred. Person requesting rewards MUST be a current hosting customer that is in good standing with Geek City USA, LLC and MUST have a current web design that was completed by Geek City USA, LLC. Any website that is being hosted with Geek City USA, LLC, yet was not designed or customized by Geek City USA, LLC is ineligible for this rewards program. Further, the customer must meet the following requirements to receive this additional "rewards" page: - Customer is required to refer 3 customer for each reward page - Each person referred MUST purchase web design services totaling (before taxes) greater than or equal to $1,000 USD. - Each person being referred must host with Geek City USA, LLC and sign up on Prechool Geek hosting plan or above (for a 12 month month period or greater) - Person(s) being referred must be a new customer to Geek City USA, LLC or must have been inactive with Geek City USA, LLC for a minimum of 9 calendar months We reserve the right to limit the customer referral rewards pages to a max of 10 referral reward pages per year. In addition, customer receiving the rewards must wait 25 calendar days after payment is received from other customer being referred and all services (web design, domains (if purchased through Geek City USA, LLC), and hosting must be paid for by persons customer referred. Previously referred customers before the start date of this program, 2-22-2006, will not count toward this program. This program is strictly controlled by Geek City USA, LLC. ------------------------------------------------------------- Computer Training, Computer and Network Upgrade & Repair for Remote Access and On-Site Services: Any customer who elects to receive computer or network repair / upgrade services from Geek City USA, LLC or one of its agents agrees to the following: You authorize Geek City USA technician(s) to perform work on you computer and/or network. You also understand that Geek City USA is not an authorized service dealer for any given hardware or software manufacturer. Further, you agree to release, indemnify, and hold harmless Geek City USA from liability for any claims or damages of any kind or description that may arise from any services performed by Geek City USA or one of its agents, along with any general liability claims arising out of this service request or call. You understand that Geek City USA is not responsible for any data loss, which may occur as a result of work done on your computer or network. Backing up data is the sole responsibility of the customer for which the work is performed. You further understand that all parts provided by Geek City USA are only given the warranty provided by the manufacturer or parts / software distributor. All details of this will be provided when so provided to Geek City USA. In addition, you are aware that all parts / software are subject to a surcharge by Geek City USA. To avoid this surcharge, the customer can perform their own research and purchase their own parts prior to the repair/upgrade/installation by Geek City USA. Geek City USA provides no guarantee that parts purchased by customer are compatible for the given job. Customer also understand that 100% of the parts cost is due before the job begins and no parts will be ordered until payment due has cleared Geek City USA’s financial institution. Any exceptions to this rule regarding parts, must be authorized by a Geek City USA, LLC officer. All labor cost will be billed upon completion of the job. All labor cost will be billed upon completion of the job. A partial deposit for labor may be required to begin the job. This deposit will be applied to the final labor cost. Should the job be can cancelled by no fault of Geek City USA, customer understands they will forfeit the full deposit. Any returns that Geek City USA, LLC elects to take back from the customer due to faulty or damaged parts or equipment is 100% voluntary on the part of Geek City USA, LLC. No guarantee of credit for the parts or equipment is guaranteed until confirmation is received that Geek City USA, LLC has received a credit from their vendor. Geek City USA, LLC will not accept software that has been opened for return. Geek City USA, LLC also will not accept software that has been loaded on a customer machine for return. Shipping costs related to the initial shipment of the product from the vendor site to Geek City USA, LLC are non-refundable to the Geek City USA, LLC customer. The returned items are also subject to a 25% restocking fee. You agree that there may be times when Geek City USA will need to reschedule an appointment. Any rescheduling of the appointment will be confirmed with you before the appointment is rescheduled. Geek City USA completes all billing (orders, invoices, and receipts) through their online billings system via geekcityusa.com. If you are unable or unwilling to go online to complete this order, you agree to allow Geek City USA to complete the order for you and e-mail the invoice and receipt to you. If you are unable or unwilling to provide an e-mail address (along with other necessary personal information to complete the order) to Geek City USA, you understand and accept that no other method will be used to provide this invoice and receipt for the product or service provided through Geek City USA. In addition, if Geek City USA completes your order for you (because of your inability or unwillingness), you agree to all terms that can be found via geekcityusa.com. Further you understand that allowing Geek City USA to complete the logging of your order in the Geek City USA billing system by no means excludes you from making payment that is due for the product and / or service rendered to you. If Geek City USA must complete your order for you, we will ONLY accept you payment in the form of cash, check, or money order. Release of Liability: I agree to release and hold harmless Geek City USA from any and all liability associated with the performance of service or the provision of parts, and acknowledge also that Geek City USA offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturer’s warranty. Further: I acknowledges that due to the nature of the services being performed, there is potential risk of damage or loss including, but not limited to, damage to my home, office, computer hardware, cabling, hubs, routers, switches, peripherals, accessories, and furniture, as well as potential risk of damage, corruption, or loss of computer software, applications, data, and data storage media. 2. I agree to release and hold harmless Geek City USA from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of Geek City USA, its agents or service representatives. I agree to release, and forever discharge Geek City USA, their employees, agent, or any contractors or persons working to directly represent Geek City USA, from all actions, causes of action, claims and demands whatsoever, whether or not well founded in fact or in law, and from all suits, debts, dues, sums of money, accounts, reckonings, notes (or bonds), bills, specialties, covenants, contracts, controversies, agreements, promises, trespasses, damages, judgments, executions, claims and demands whatsoever, at law or in equity that undersigned ever had, now has, or that hereafter may have against the party hereby released by reason of any matter, cause or thing whatsoever up to and including the day of the date of this release. 3. I grant Geek City USA, its agents and service representatives, access and permission to physically disassemble any and all computer systems, components, networks, cabling, hubs, routers, switches, peripherals, and accessories. 4. I grant Geek City USA, its agents and service representatives, access, security rights, and permission to open, view, modify, edit, delete, or otherwise manipulate my computer software, applications, data, and data storage media including, but not limited to, the computer Operating System, word processing, spreadsheets, databases, workflow, graphics, audio, video, system drivers and libraries, and any other type of software or data that may be contained on the computer system or network. 5. I grant Geek City USA, its employees, agents and service representatives, permission to physically access the home or office property where the computer system and/or network resides. 6. I grant Geek City USA, its employees, agents and service representatives, permission to perform modification to the home or office property for the purpose of installing or troubleshooting computer and/or networking hardware, cabling, hubs, routers, switches or peripherals. Modification may include such practices as drilling through or disassembling furniture, walls, floors, carpet or trim, laying and removing cabling and devices including affixing cabling and devices to furniture, walls, floors, or trim, using nails, screws, staples, hangers, or plastic ties, or similar. 7. I grant Geek City USA, its agents and service representatives, permission to download and/or install software on the computer and/or network, including but not limited to, virus scanners, diagnosis and repair utilities, drivers, libraries, and software requested to be installed the computer and/or network. 8. I grant Geek City USA, its agents and service representatives, permission to install hardware in the computer and/or network, including but not limited to, memory chips, processor chips, cooling fans, batteries, hard drives, tape drives, storage devices, modem and communication devices, audio and video cards, network interface cards, hubs, routers, switches, printers, scanners, cables, and any other hardware requested to be installed on the computer and/or network. 9. Geek City USA strongly recommends that I safeguard critical data by backing up said data prior to any services performed by Geek City USA. Unless specifically requested and provided as a paid service by Geek City USA, I am responsible for any backup, archiving, or protective storage as well as restoration if required, of the computer or network data. Neither the signing of this agreement nor the performance of services by Geek City USA implies availability of telephone technical support. This document and terms provided via geekcityusa.com constitutes the entire agreement between myself and GEEK CITY USA. No other agreement, whether verbal or written shall be in effect except if agreed to and authorized in writing. Customer certifies that they are the expressed owner of the computer system and/or network described in the release order they sign. In the event that the customer is found not to be the true expressed owner of this computer system, they assume all liability for any claim made as the result of the technical support rendered by Geek City USA on this computer system and/or network, including those claims which assert negligence on the part of Geek City USA. Customer understands that services rendered by Geek City USA may void manufacturer warranties for this computer system. Geek City USA does not assume any liability or warranty in the event that the manufacturer warranties are voided. Customer understands that Geek City USA offers no verbal or written warranty, either expressed or implied, regarding the success of this services offered. Customer expressly waives all claims against Geek City USA for any damages to this computer system or data that are incidental to the services rendered by Geek City USA. Computer system is defined as: Hardware (CPU, enclosure, mouse, keyboard, printer, monitor and associated cables), software (operating system software, applications software and related software) and the additional components devices that are generally accepted as part of or related to a computer or computer system. Network is defined as any portion of the hardware or software not directly inside the in the computer system. This can include peripherals such as external storage devices, printers, routers, along with other peripherals and network devices and any component or device generally accepted as part of a computer network. For computer or network upgrade or repair services, Geek City USA is defined as: Geek City USA, LLC, including the organization, employees and agents charged to provide information technology services and support. Details in this paragraph only to this section that is entitled "Computer and Network Upgrade & Repair Services". Data is defined as: Any information not part of the operating system software, applications system software or related software that is stored on the computer system or network described in this document or on any device that interacts with the computer system described in this document. CUSTOMER ACCEPTS AND UNDERSTANDS THAT THE RELEASE THEY SIGN FOR WORK TO BE COMPLETED ON COMPUTERS AND OR NETWORKS THEY OWN IS GOOD UNTIL: 1) A NEW RELEASE IS SIGNED (THIS MAY HAPPEN WHEN CHANGES ARE MADE TO THE RELEASE THE ORIGINALLY SIGNED) 2) CUSTOMER SENDS A WRITTEN REQUEST TO VOID THE RELEASE FOR FUTURE WORK 3) GEEK CITY USA, LLC ELECTS TO VOID THE RELEASE FOR FUTURE WORK ------------------------------------------------------------- CUSTOMER RESPONSIBILITY ON INTELLECTUAL PROPERTY OF OTHERS: WHILE GEEK CITY USA, LLC WILL NEVER KNOWING DEVELOP A LOGO OR SLOGAN OR ANY OTHER PORTION OF WEB DESIGN FOR A CUSTOMER THAT IS UNDER ANY FORM OF INTELLECTUAL PROPERTY OF ANOTHER OWNER, IT IS THE RESPONSIBILITY OF THE CUSTOMER TO FULLY VERIFY THE LOGO, SLOGAN OR OTHER PORTION OF THE DEISGN DOES NOT BELONG TO ANOTHER PERSON AND / OR ORGANIZATION. THIS SAME RULE APPLIES TO ANY AND ALL OTHER SERVICES THAT ARE NON-WEB DESIGN OR WEB HOSTING RELATED (INCLUDING MISCELLANEOUS (CONSULTING, VOICE OVERS, AND ANY OTHER NON-WEB HOSTING, NON-WEB DESIGN, OR NON-CUSTOM SOFTWARE APPLICATION SERVICES THAT MAY BE GIVEN BY GEEK CITY USA, LLC)). IF THE PROPERTY IS FOUND TO BELONG TO SOMEONE ELSE, YOU AGREE TO ALLOW GEEK CITY USA TO REMOVE SAID PROPERTY FROM ANY OF THEIR WEB SERVERS (IF YOU ARE HOSTING WITH US) UNTIL ADEQUATE PROOF HAS BEEN GIVEN TO PROVE OTHERWISE (GEEK CITY USA, LLC WILL MAKE THE DETERMINATION OF WHAT IS ADEQUATE). YOU AGREE THAT YOU WILL NOT HOLD US LIABLE AND AGREE TO INDEMNIFY AND RELEASE GEEK CITY USA, LLC, ITS EMPLOYEES AND ALL ITS AGENTS FOR THIS AND ALL FUTURE CLAIMS RELATED TO THIS, INCLUDING ANY AND ALL ATTORNEY, COURT, AND RELATED FEES ASSOCIATED WITH LITIGATION OR OTHER LEGAL MATTERS. ------------------------------------------------------- Other Information Technology (IT) / Computer Services (CS): LET IT BE KNOWN THAT ANY AND ALL PROGRAMMING, IT, CS, OR OTHER (NON-WEB HOSTING OR NON-WEB DESIGN) SERVICES RECEIVED THROUGH GEEK CITY USA, LLC (WWW.GEEKCITYUSA.COM) IS THE SOLE PROPERTY OF GEEK CITY USA, LLC AND THE CUSTOMER PURCHASING THE SERVICES THROUGH GEEK CITY USA, LLC HAS THE FULL RIGHT TO USE THE PRODUCT AS THE PRODUCT IS PROVIDED (LICENSE TO USE). THE CUSTOMER RECEIVES NO RIGHT TO MODIFY AND/OR REVERSE ENGINEER ANY PORTION OF THE FINAL APPLICATION / PRODUCT PROVIDED TO THEM. ANY UPDATES AND OR MODIFICATIONS WILL BE DONE BY GEEK CITY USA, LLC OR ONE OF THEIR AUTHORIZED AGENTS. ANY REQUEST TO HAVE MODIFICATIONS OR UDPATES MADE BY ANYONE OTHER THAN GEEK CITY USA MUST BE GIVEN IN WRITTING FROM ANY AUTHORIZED GEEK CITY USA, LLC AGENT. NOT HAVING A WRITTEN AUTHORIZATION TO MODIFY AND OR PERFORM ANY UPDATES BY A NON-GEEK CITY USA AGENT IS AGAINST GEEK CITY USA'S POLICY. IN SUCH CASE THAT THIS POLICY IS VIOLATED, GEEK CITY USA RESERVES THE RIGHT TO FILE SUIT AGAINST SAID CUSTOMER / CLIENT / PERSON AND THE CUSTOMER / CLIENT / PERSON WHO AGREES TO PAY ALL LITIGATION COSTS INVOLVED (INCLUDING BUT NOT LIMITED TO: COURT COSTS, ATTORNEY FEES, AND OTHERS). THE PURCHASER OF SUCH SERVICES IS PURCHASING ONLY THE APPLICATION AS DESCRIBED IN THE FINAL DETAILED WORK ORDER (SIGNED BY BOTH THE CUSTOMER & GEEK CITY USA AGENT AND NOTED AS FINAL ORDER WITH LATEST CALENDAR DATE OF ALL WORK ORDERS PROVIDED) PROVIDED TO THE CUSTOMER FROM GEEK CITY USA. NOTE THAT ALL IMAGES AND / OR DESIGNS THAT WERE NOT FULLY DEVELFIVED BY/FOR GEEK CITY USA, LLC ARE OWNED BY THEIR RESPECTIVE OWNERS AND GEEK CITY USA ASSUMES NO RESPONSIBILITY FOR THESE IMAGES / OBJECTS. ALL PROGRAMMING, IT, CS, OR OTHER SERVICES THAT ARE SOLD TO A CUSTOMER BY GEEK CITY USA, LLC OR AN AGENT OF GEEK CITY USA, LLC SHALL BE CONSIDERED FULLY COMPLETED AND THE CUSTOMER FULLY SATISFIED AFTER THIRTY (30) CALENDAR DAYS UPON FINAL INVOICE DATE AND CUSTOMER SIGN OFF OF AGREEMENT TO THESE TERMS. IF THE CUSTOMER IS UNHAPPY WITH THE PRODUCT OR APPLICATION PROVIDED DURING THESE THIRTY CALENDAR DAYS, GEEK CITY USA, LLC WILL WORK WITH CUSTOMER TO RESOLVE THE MATTER (SUBJECT TO ADDITIONAL FEES -- IF ADDITIONAL WORK IS INVOLVED THAT WAS NOT PART OF THE AGREED UPON WORD ORDER). AFTER THIRTY CALENDAR DAYS, ANY CONCERN(S) WITH THE FINAL PRODUCT SHALL BE CONSIDERED A NEW TRANSACTION AND WILL REQUIRE GEEK CITY USA, LLC AND THE CUSTOMER TO START A NEW DISCUSSION AND DETERMINE THE CHANGES AND FEES INVOLVED. ANY SOFTWARE CREATED BY GEEK CITY USA, LLC OR ANY OF ITS AGENTS WILL ONLY BE DEVELOPED FOR LEGAL PURPOSED. BY AGREEING TO THESE TERMS, CUSTOMER AGREES THAT THE SOFTWARE CREATED FOR THEM BY GEEK CITY USA IS 100% LEGAL TO USE WITHIN THE UNITED STATES AND THAT THEY ARE A CITIZEN OF THE UNITED STATES OF AMERICA. IN ADDITION, CUSTOMER AGREES THEY WILL NOT HOLD US LIABLE AND AGREE TO INDEMNIFY AND RELEASE US FOR THIS AND ALL FUTURE CLAIMS RELATED TO THIS, INCLUDING ANY AND ALL ATTORNEY, COURT, AND RELATED FEES ASSOCIATED WITH LITIGATION OR OTHER LEGAL MATTERS OR ANY OTHER CLAIMS THAT BE MAY BROUGHT ABOUT FROM THE USE OF THIS SOFTWARE OR ANY DEVICE IN WHICH THIS SOFTWARE MAY BE USED. FAILURE TO COMPLY WITH ANY PORTION OF THESE TERMS BY THE CUSTOMER DOES NOT OBLIGATE GEEK CITY USA, LLC OR ANY OF IT'S AGENTS TO ANY CLAIMS FROM THE PRODUCT CREATED / DEVELOPED AND OR PURCHASED BY THE CUSTOMER. IF FOR SOME REASON, GEEK CITY USA, LLC AND THE CLIENT DISAGREE ON THE FINAL PRODUCT PROVIDED, ONLY THE AGREED UPON WORK ORDER (SIGNED BY BOTH THE CUSTOMER & GEEK CITY USA AGENT AND NOTED AS FINAL ORDER WITH LATEST CALENDAR DATE OF ALL WORK ORDERS PROVIDED) WILL SHOW THE ACTUAL DETAILS OF THE PRODUCT / APPLICATION THAT WILL BE PROVIDED. THIS AGREED UPON WORK ORDER WILL BE USED TO RESOLVE THE DISPUTE, IN ACCORDANCE WITH THE AGREED UPON TIME FRAME MENTIONED IN THE PREVIOUS PARAGRAPH. IN ADDITION, YOU WILL NOT HOLD US LIABLE AND AGREE TO INDEMNIFY AND RELEASE US FOR THIS AND ALL FUTURE CLAIMS RELATED TO THIS, INCLUDING ANY AND ALL ATTORNEY, COURT, AND RELATED FEES ASSOCIATED WITH LITIGATION OR OTHER LEGAL MATTERS. ABSOLUTELY NO EXPRESS OR IMPLIED WARRANTY IS PROVIDED BEYOND THE INITIAL CALENDAR TERM PROVIDED IN THE PREVIOUS PARAGRAPH. THE ONLY WARRANTY PROVIDED DURING THE INITIAL CALENDAR TERM IS THAT THE PRODUCT WILL BE FREE OF PROGRAMMING ERRORS AND OPERABLE DURING THIS TIME. IF THERE IS AN OPERABILITY ISSUE OR PROGRAMMING ERROR, WE ONLY AGREE TO FIX THIS MATTER WITHIN A REASONABLE TIME (30 CALENDAR DAYS). ------------------------------------------------------- Other Important Obligations: Connectivity to the Internet will be defined in this section as the "Services". Geek City USA will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Geek City USA, LLC maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. Geek City USA reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Geek City USA will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it discovers. It is not Geek City USA's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law. All customers who sign-up to use any of Geek City USA's services agree that by placing an order with Geek City USA and using Geek City USA's services, THAT YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ALLOWED TO ENTER A CONTRACT WITHIN THE UNITED STATES OF AMERICA OR THE COUNTRY IN WHICH YOU ARE SIGNING-UP FOR SERVICES. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Geek City USA is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Geek City USA will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Geek City USA has a policy of terminating accountholders who are copyright infringers. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Geek City USA's servers nor the links to other websites are screened, approved, reviewed or endorsed by Geek City USA. Geek City USA is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Geek City USA's statements of advice, opinion or information. ------------------------------------------------------- Chat Policy: GEEK CITY USA DOES NOT (UNDER ANY CIRCUMSTANCES) ALLOW CUSTOMER CHAT ROOMS ON ANY GEEK CITY USA HOSTED SITES OR SERVICES. ANYONE FOUND HOSTING A CHAT ROOM ON THEIR ACCOUNT IS SUBJECT TO IMMEDIATE CANCELLATION OF THEIR ACCOUNT WITH ABSOLUTELY NO REFUND. IN ADDITION, A $200 PENALTY WILL BE ASSESSED TO AN ACCOUNT FOUND IN VIOLATION OF THIS POLICY. --------------------------------------------------------------------------------- Account Cancellation: To cancel your account, please follow these instructions: -Ensure your account does not have a balance due. If so, please contact our billing department (via http://www.geekcityusa.com/contactus.html) -If your account has no balance due, please contact our customer service department by fax or postal mail (see our contact us page to get this information) and notify us that you wish to cancel all services with Geek City USA. Your letter should contain your name, domain name, a phone number where we can reach you, your e-mail address to contact you and why you wish to cancel. Finally, you must sign the letter and print your name. You will need to be an authorized signer on the account and we will need to verify this information. Your account will not be canceled until we have received the information and verified it with you and that your account does not have a balance due. If you wish to speed up the notification process (which does not release you from providing us a letter (as above) in writing), you may submit a support ticket and direct it to our billing department. This will make us aware that you have sent a fax or postal request to cancel your account. You may cancel at anytime. Regarding refunds, please see "Payment Policies, Fees, and Refunds" portion of these terms and conditions. IF CLIENT HAS A BALANCE DUE AT THE TIME OF CANCELLATION, THIS BALANCE MUST BE PAID IN FULL. CANCELLATION DOES NOT ABSOLVE CLIENT OF ANY OUTSTANDING FINANCIAL OBLIGATIONS. ALL GEEKCITYUSA.COM ACCOUNTS MUST BE PAID IN FULL BEFORE THE CANCELLATION WILL BE CONSIDERED COMPLETE. IT IS THE CLIENTS RESPONSIBILITY TO SECURE EMAIL CONFIRMATION FROM GEEK CITY USA THAT ACCOUNT HAS BEEN CANCELLED. IF THE CLIENT HAS NOT YET RECEIVED EMAIL CONFIRMATION OF ACCOUNT CANCELLATION, THEN THE ACCOUNT REMAINS ACTIVE, AND YOU WILL CONTINUE TO BE INVOICED. TRANSFERRING YOUR DOMAIN TO ANOTHER PROVIDER OR NONUSE OF YOUR HOSTING ACCOUNT DOES NOT CONSTITUTE CANCELING YOUR ACCOUNT. YOU MUST NOTIFY GEEK CITY USA TO FORMALLY CANCEL YOUR ACCOUNT AND AVOID FURTHER CHARGES. FAILURE TO PAY ANY CHARGE DUE TO GEEK CITY USA, LLC BEFORE COMPLETE CANCELLATION OF A CUSTOMER ACCOUNT SHALL RESULT IN LEGAL ACTION. IF LEGAL ACTION IS TAKEN, THE CLIENT WILL ASSUME RESPONSIBILITY FOR ANY AND ALL LEGAL AND RELATED FEES REQUIRED TO RESOLVE THE MATTER. THIS MAY INCLUDE, YET IS NOT LIMITED TO ATTORNEY FEES, COURT COSTS, ACCOUNTING FEES, ETC.. GEEK CITY USA, LLC RESERVES THE RIGHT TO RETAIN THE ATTORNEY OF THEIR CHOICE TO RESOLVE THIS MATTER. HOWEVER, GEEK CITY USA, LLC WILL NOT ASSUME ANY RESPONSIBILITY FOR ANY OF THE CUSTOMERS LEGAL OR RELATED FEES IN RESOLVING THIS MATTER. THAT IS THERE RESPONSIBILITY. ------------------------------------------------------- Dispute Resolution (outside terms defined elsewhere): If the customer is dissatisfied with Geek City USA's final decision on a given matter not DEFINED ANYWHERE ELSE IN THESE TERMS, GEEK CITY USA, LLC WILL ATTEMPT TO NEGOTIATE A POSITIVE RESOLUTION FOR BOTH PARTIES. SHOULD THE CUSTOMER WISH TO MOVE THIS MATTER TO LITIGATION IN A COURT OF LAW, THEY (THE CUSTOMER) AGREE TO PAY ALL COURT COSTS AND ASSOCIATED LEGAL (INCLUDING ATTORNEY) FEES OF GEEK CITY USA. GEEK CITY USA RESERVES THE RIGHT TO MAKE THE SELECTION OF THE ATTORNEY REPRESENTING THEM. ------------------------------------------------------- Account Changes: MOST ACCOUNT MAINTENANCE ISSUES CAN BE HANDLED IN YOUR CONTROL PANEL. IF YOU NEED TO CANCEL YOUR ACCOUNT, PLEASE SEE OUR INSTRUCTIONS FOR CANCELING AN ACCOUNT. THERE IS A ONE-TIME FEE OF $35 FOR REPLACING AN EXISTING ACCOUNT DOMAIN NAME WITH ANOTHER DOMAIN NAME, WHETHER FROM SPELLING ERROR(S) OR OTHER PURPOSES. PLEASE MAKE SURE YOU HAVE REVIEWED THIS PRIOR TO SUBMITTING A DOMAIN NAME CHANGE REQUEST. ------------------------------------------------------- Account Ownership: GEEK CITY USA IS ONLY RESPONSIBLE TO THE PRESENT OWNER OF THE WEB HOSTING SPACE. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. IF YOU ARE A WEB DESIGNER AND YOU ARE NOT THE PERSON PAYING FOR THE HOSTING ACCOUNT WE ADVISE YOU TO RECEIVE PAYMENT FOR YOUR WORK BEFORE YOU PUBLISH IT TO OUR SERVERS. ONCE THE WEB SITE IS PUBLISHED TO OUR SERVERS THE ACCOUNT OWNER HAS RETAINED OWNERSHIP OF THAT CONTENT. ANY PRIMARY (PERSON WHO PURCHASES SERVICES FROM GEEK CITY USA) OWNER IS NOT ALLOWED TO TRANSFER ACCOUNT RIGHTS TO ANY OTHER PERSON. ANYONE WHO DOES SO STILL RETAINS SOLE RESPONSIBILITY FOR ANY AND ALL THAT HAPPENS FOR THE GIVEN ACCOUNT. ------------------------------------------------------- Domain Registration/transfer: It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire (however we (Geek City USA, LLC) assumes no responsibility to guarantee this e-mail will arrive). IF YOU DO NOT KEEP YOUR DOMAIN NAME'S REGISTRATION CURRENT, THEN THE DOMAIN REGISTRATION WILL EXPIRE AND THE DOMAIN WOULD THEN BECOME AVAILABLE FOR OTHERS TO REGISTER. IT IS YOUR RESPONSIBILITY TO BE CERTAIN THAT YOU KEEP YOUR DOMAIN NAME REGISTERED. ------------------------------------------------------- Email Policy: Geek City USA may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. WE CONSIDER MASS EMAIL ANY EMAIL MESSAGE SENT TO MORE THAN 20 EMAIL ADDRESSES OR MORE THAN 10 NEWS GROUPS. Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express, Netscape or Eudora. ------------------------------------------------------- SPAM Policy: GEEK CITY USA IS COMMITTED TO A ZERO-TOLERANCE, ANTI-SPAMMING POLICY. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Geek City USA network, by customers or any other users of the Geek City USA network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the Geek City USA server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Geek City USA email address or web site URL is prohibited. The use of Geek City USA servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $600. We also reserve the right to prosecute. Should Geek City USA, LLC decide not to prosecute, we will charge the customer $2 per e-mail spammed from their account. If legal action is taken, the client will assume responsibility for any and all legal and related fees required to resolve the matter. This may include, yet is not limited to attorney fees, court costs, accounting fees, etc.. Geek City USA, LLC reserves the right to retain the attorney of their choice to resolve this matter. In addition, the customer may also obtain an attorney of their choice. However, Geek City USA, LLC WILL NOT assume ANY responsibility for any of the customers legal or related fees in resolving this matter. That is there responsibility. If you have any complaints or comments regarding Spam on our network, please direct them to our staff at support@geekcityusa.com. ------------------------------------------------------- Traffic Policy: Geek City USA allows for very generous traffic, and most sites never exceed 5 GB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Geek City USA customers are discouraged from storing any files that cause excessive traffic on Geek City USA servers. Please contact Geek City USA Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Geek City USA or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. You will be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your monthly storage and bandwidth that you have used in the "General Account Information" area of your control panel. Should you need more space just upgrade to a higher plan. If you need additional storage or bandwidth above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient storage space & bandwidth transfer remaining for your web pages. To inquire on the cost of storage or bandwidth overage, please check our web hosting page details or contact us directly. The overage cost defined on our website (http://www.geekcityusa.com) at the time of overage is what will be billed to the customer. This overage charge will be billed on a monthly basis. Thus, whatever the highest overage amounts are for a given month is what the will be billed to the customer. When determining this amount, we will always round up to the nearest megabyte (MB) for storage and the nearest gigabyte (GB) for bandwidth. ------------------------------------------------------- Backups: NO GUARANTEES OR WARRANTIES (EXPRESS OR IMPLIED) ARE MADE OF ANY KIND ON CLIENT/CUSTOMER DATA, SINCE BACKUPS ARE NOT TAKEN FOR CUSTOMER DATA. IT IS THE CLIENTS' RESPONSIBILITY TO MAINTAIN LOCAL COPIES OF ALL INFORMATION STORED VIA ANY OF GEEKCITYUSA, LLC'S NETWORKS, SYSTEMS, AND/OR SERVERS (OR THOSE OF ANY THIRD PARY PROVIDER USED BY GEEK CITY USA, LLC). WE MAKE NO GUARANTEES FOR YOUR DATA. If data loss occurs due to negligence of the client/customer in securing their account or by an action of the client, Geek City USA will attempt to recover the data from the most recent archive for a $75.00 fee. THIS ATTEMPT WILL NOT GUARANTEE ANY DATA RECOVERY. However, if a recover attempt is made, the $75.00 fee will still apply. This request must be made via a written request (e-mail or postal mail) and will not begin until full payment has been confirmed. ------------------------------------------------------- Telephone Support: CLIENT AGREES TO USE THE ONLINE SUPPORT (LOCATED VIA THE HOME PAGE (HTTP://WWW.GEEKCITYUSA.COM) BY CLICKING ON THE "SUPPORT" LINK) FOR TECHNICAL SUPPORT ISSUES. Geek City USA does, however, offer telephone support (on a limited basis) to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message, leaving multiple messages in the same 24-hour period, or requesting continued assistance on a resolved problem or a problem determine to not be the fault of Geek City USA, LLC. Clients who abuse telephone support privileges may, at Geek City USA, LLC's sole discretion, have telephone support privileges revoked and/or incur a charge of $35.00 per call (per every 30 minutes - rounded to the next 30 minutes). Additional charges may be incurred for services requested outside of the scope of a technical support phone call as exclusively defined by Geek City USA. Geek City USA shall have sole authority to determine violations of this policy. ------------------------------------------------------- Online Support: All clients have full access to both e-mail and ticket system based support. While it is our goal to offer these services 24 hours a day, 7 days a week, there may be times when one or both of these services could be temporarily unavailable. All clients accept and understand this may happen. We reserve the right to suspend support of clients who abuse this support process. Geek City USA, LLC will be the sole determinant of abuse. ------------------------------------------------------- Reseller Accounts: Currently, we DO NOT offer any form of account reselling. YOU MUST OBTAIN A NEW AND SEPARATE ACCOUNT FOR EACH DOMAIN YOU OWN, UNLESS SPECIFICALLY AUTHORIZED IN WRITTING BY AN AGENT ACTING ON BEHALF OF GEEK CITY USA. The only time more than one domain may be allowed per account is when a customer wishes to have several domains parked on the primary hosting account and domain. ACTUAL OR ATTEMPTED VIOLATIONS OF POLICY BY A END USER (THE CUSTOMER) SHALL BE CONSIDERED GROUNDS FOR LEGAL ACTION TO COLLECT ALL FEES DEEMED OWED TO GEEK CITY USA, LLC AS PER THE PRICES DEFINED WHEN THE VIOLATION IS FOUND. ------------------------------------------------------- Uptime Goal: If our servers are not up 99.0% of the time, just go to our support page and submit a ticket (help desk ticket directed to technical support). WHILE WE DO OUR BEST TO ENSURE OUR SERVERS ARE AVAILABLE ALL THE TIME, WE CAN NOT BE HELD RESPONSIBLE FOR ISSUES WITH OUR DATA CENTER AND OTHER 3RD PARTY PROVIDERS. IN ADDITION, YOU AGREE TO UNDERSTAND THAT IF THERE IS AN EXTENDED OUTAGE, DUE TO A PROBLEM WITH OUR DATA CENTER / OTHER PROVIDERS, WE WILL DO EVERYTHING WE CAN TO BRING THINGS BACK ONLINE, YET YOU WILL NOT HOLD US LIABLE AND AGREE TO INDEMNIFY AND RELEASE US FOR THIS AND ALL FUTURE CLAIMS RELATED TO THIS, INCLUDING ANY AND ALL ATTORNEY, COURT, AND RELATED FEES ASSOCIATED WITH LITIGATION OR OTHER LEGAL MATTERS. UPTIME of 99.0% IS ONLY A GOAL AND WITH THIS WE OFFER ABSOLUTELY NO GUARANTEE (EXPRESS OR IMPLIED). ------------------------------------------------------- On-Site Consultation: It is at Geek City USA, LLC's discretion if they agree to come on-site to assit the customer. All information given to the customer should be taken "as is" and customer should understand that they make the final decision as Geek City USA, LLC is only providing their opinion to the customer. Customer agrees that they will pay and agree to all fees as provided by the Geek City USA agent. All fees are expected to be paid by the customer at the time of service. Customer agrees that NO GUARANTEES OR WARRANTIES (EXPRESS OR IMPLIED) ARE MADE OF ANY KIND and all information is provided "as is". CUSTOMER AGREES THEY WILL NOT HOLD US LIABLE AND AGREE TO INDEMNIFY AND RELEASE US FOR THIS AND ALL FUTURE CLAIMS RELATED TO THIS, INCLUDING ANY AND ALL ATTORNEY, COURT, AND RELATED FEES ASSOCIATED WITH LITIGATION OR OTHER LEGAL MATTERS OR ANY OTHER CLAIMS THAT BE MAY BROUGHT ABOUT FROM OUR ON-SITE VISIT. FAILURE TO COMPLY WITH ANY PORTION OF THESE TERMS BY THE CUSTOMER DOES NOT OBLIGATE GEEK CITY USA, LLC OR ANY OF IT'S AGENTS TO ANY CLAIMS TO THE CUSTOMER. ------------------------------------------------------- SSL(Secure Socket Layer) Certificate Agreements: BUYER UNDERSTANDS AND AGREES THAT GEEK CITY USA, LLC (GEEKCITYUSA.COM) ASSUMES NO RESPONSIBILITY FOR THE SSL CERTIFICATES SOLD ON THIS SITE AND IS ONLY DOING SO AS A SERVICE TO OUR CUSTOMERS. ALL RESPONSIBILITY REGARDING THE SSL CERTIFICATE(S), LIES BETWEEN: * GEOTRUST, INC. AND THE BUYER (CUSTOMER). To see the exact terms of these agreements before buying, please select the URL provided here (note, you will need Adobe Acrobat to read these agreements -- get it from www.adobe.com/reader (all links subject to change -- e-mail us if the link is broken)). Agreement Location: http://www.geotrust.com/resources/cps/ (subject to change, as we do not control this site. If link given is not valid, contact GeoTrust via the contact us link at www.geotrust.com) * CACERT AND THE BUYER (CUSTOMER). To see the exact terms of these agreements before buying, please go to http://www.cacert.org. Any CACERT paid for through Geek City USA, LLC is charged for setup and install fees, not the actual certificate itself. IN ADDITION, WHILE GEEK CITY USA DOES ALLOW ITS CUSTOMERS TO USE SSL CERTIFICATES THAT ARE NOT SOLD ON GEEKCITYUSA.COM, WE ASSUME ABSOLUTELY NO RESPONSIBILITY NOR ANY WARRANTY FOR THESE CERTIFICATES. ANY LEGAL CLAIMS FOR PROBLEMS OR FAILURE WITH THESE CERTIFICATES SHOULD BE HANDLED BETWEEN THE CUSTOMER AND THE 3RD PARTY WHO SOLD SAID CUSTOMER THE SSL CERTIFICATE. CUSTOMER AGREES TO RELEASE AND HOLD HARMLESS GEEK CITY USA AND ITS PARTNERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS, AS APPLICABLE, FOR ANY INSTALLATION OF THE CERTIFICATES THAT GEEK CITY USA DOES FOR THE CUSTOMER OR ANY OTHER ASSISTANCE WE PROVIDE IN GETTING THE CERTIFICATE OPERABLE ON THE CUSTOMER SITE HOSTED BY GEEK CITY USA, LLC. ANY FEES CHARGED TO BUY A CERTIFICATE FROM AN OFFERING ON GEEKCITYUSA.COM OR ANY SETUP / INSTALLATION FEES ARE NON-REFUNDABLE AFTER AN SSL CERTIFICATE HAS BEEN PURCHASED AND/OR INSTALLED (BE IT ONE PURCHASED FROM GEEKCITYUSA.COM OR INSTALLED FROM A 3RD PARTY CUSTOMER PURCHASE OUTSIDE OF THE 3RD PARTY OFFERING ON GEEKCITYUSA.COM). ------------------------------------------------------- Reporting Alleged Copyright, Trademark or Similar Infringement and Handling It On Geek City USA (geekcityusa.com): In notifying us of the alleged infringement, please be sure to include the following information: ...a description of the copyrighted, trademarked or similar work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate); ...a description of the infringing material and information sufficient to permit Geek City USA to locate the material; contact information for you, including your address, telephone number and/or email address; ...a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; ...a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and ...a physical or electronic signature of the copyright owner or a person authorized to act on its behalf. Failure to include all of the above-listed information may result in a delay of the processing of your complaint. Geek City USA, LLC. will terminate the online privileges of users who infringe the copyright of others. For more information on the Digital Millennium Copyright Act please visit this website address - http://www.loc.gov/copyright/legislation/dmca.pdf Please realize that it is the responsibility of the copyright holder to notify Geek City USA, LLC is writing and produce a court order to remove said copyright violation (or violating website) from Geek City USA's hosting services. In addition, if the alleged infringement website believes they are not infringing, they must produce a court order allowing the site to remain online. Any copyright infringements will release their rights to any refund of any remaining balances for any services of the account holder. ----------------------------------------------------------------------- Contact Us: Contact us information can be found via the main page by selecting the "Contact Us" link. If you have an immediate need, please first try the support link. ----------------------------------------------------------------------- PRIVACY We collect sensitive information which is used only for our purpose, any third party that receives any type of information from us are those that we do business with directly and it is necessary to share this information. We do not sell your information to a third-party. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Information collected on this site is strictly for our use. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact support@geekcityusa.com

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