Mike’s Computer Co., Inc. Internet Services.
1. INTRODUCTION. - Mike’s Computer Co., Inc. provides its Internet services, as they may exist from time to time, ("Services") to all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Members"). By using the Services or by establishing an account, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other user policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services, and if you are a current Member, you must terminate your use of the Services under Section 10.
2. SUBSCRIPTION REQUIREMENTS. -
Members must be at least 18 years old. Local access dial-up numbers may not be
available in all areas. You are solely responsible for determining if use of a
particular dial-up number will cause you to incur long-distance, toll, or other
charges. Mike’s Computer Co., Inc. is not responsible for any long-distance,
toll or other telecommunications charges you incur. Toll-free (800 #) and
international access costs are extra. Current prices for Mike’s Computer Co.,
Inc.'s Services are posted throughout our Web site at http://www.mikes.net.
These rates may also be obtained by calling
3. PAYMENT OBLIGATIONS OF A MEMBER.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY. - Members receive a username, password and account designation upon registration. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Mike’s Computer Co., Inc. account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Mike’s Computer Co., Inc. within 24 hours of discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue
generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in
size may, at Mike’s Computer Co., Inc.'s discretion, be transferred to a
compressed temporary file or storage. Mike’s Computer Co., Inc. may delete the
temporary file from the server 60 days after notifying you. You may establish a
commercial or high-volume account by calling
Usernames, passwords and email addresses are Mike’s Computer Co., Inc.'s property and Mike’s Computer Co., Inc. may alter or replace them at any time.
5. MONITORING THE SERVICES. - Mike’s Computer Co., Inc. has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Mike’s Computer Co., Inc., in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our . Mike’s Computer Co., Inc. may immediately remove your material or information from Mike’s Computer Co., Inc.'s servers, in whole or in part, which Mike’s Computer Co., Inc., in its sole and absolute discretion, determines to infringe another's property rights or to violate our .
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY. - EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY MIKE’S COMPUTER CO., INC., MIKE’S COMPUTER CO., INC. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. MIKE’S COMPUTER CO., INC. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABLENESS OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIKE’S COMPUTER CO., INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. MIKE’S COMPUTER CO., INC. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABLENESS AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH MIKE’S COMPUTER CO., INC. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY MIKE’S COMPUTER CO., INC. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. MIKE’S COMPUTER CO., INC. AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, MIKE’S COMPUTER CO., INC.'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.
7. SOFTWARE LICENSE. - Mike’s Computer Co., Inc. grants to each Member a limited, nonexclusive, nontransferable and no assignable license to install and use the Mike’s Computer Co., Inc. access software (including software from third-party vendors that Mike’s Computer Co., Inc. distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Mike’s Computer Co., Inc. may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of
Mike’s Computer Co., Inc. and Mike’s Computer Co., Inc.'s licensors and embody
trade secrets and intellectual property protected under
You may not download, use, or otherwise export or re-export the Licensed
Programs or any underlying information or technology except in full compliance
8. WEBSITE USAGE. - Our site on the World Wide Web with its homepages in the domain "mikes.com", "mikes.net” or any other site operated by Mike’s Computer Co., Inc. (the "Web site") is a complimentary information service offered by Mike’s Computer Co., Inc. at no charge to users. We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain "mikes’s.com", "mikes.net” is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Mike’s Computer Co., Inc. of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be a text-only link clearly marked "Mike’s Computer Co., Inc. Web site", (b) the link must "point" to the URL "http://www.mikes.com" or "http://www.mikes.net/" and not to the other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Mike’s Computer Co., Inc. , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Mike’s Computer Co., Inc. may revoke consent to link to our Web site at any time in its sole discretion. Mike’s Computer Co., Inc. must approve all other hypertext links to the Web site in writing.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Mike’s Computer Co., Inc.. Mike’s Computer Co., Inc. assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Mike’s Computer Co., Inc. harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Mike’s Computer Co., Inc. from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Mike’s Computer Co., Inc. will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to Mike’s Computer Co., Inc. to use on the Web site will be deemed to be a grant by you to Mike’s Computer Co., Inc. of a perpetual, nonrevocable, worldwide, nonexclusive license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .
9. TERM OF AGREEMENT. - Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services, and, if you are a Member, to terminate your account.
10. TERMINATION. - You may terminate your account at any time and for any reason by providing notice of intent to terminate to Mike’s Computer Co., Inc. by:
Email termination of your basic Internet access account will not be accepted. Charges to your account will stop accruing the day Mike’s Computer Co., Inc. provides you a confirmation number. Any incoming email sent to canceled accounts will not be forwarded to another account; instead, it will be bounced back to the sender. If your account included space on Mike’s Computer Co., Inc.'s servers, anything stored on this space will be deleted upon termination.
Without prior notice, Mike’s Computer Co., Inc. may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Mike’s Computer Co., Inc., in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy or any of the applicable user policies, or if you fail to pay any charges when due. Mike’s Computer Co., Inc. may provide termination notice to you by email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Section 3, the third paragraph of Section 4, and Sections 6, and 11 of this Agreement shall survive termination of this Agreement.
Mike’s Computer Co., Inc. may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies, at any time and in any manner. Any revision, amendment, or modification will be effective thirty (30) days after Mike’s Computer Co., Inc. posts notice to Members on Mike’s Computer Co., Inc.'s Web site (http://www.mikes.net) and/or on Member's Start Pages and/or by email and/or in our various publications and mailings to Members.
Privacy Statement for Mike’s Computer Co., Inc. Network
Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.
Personal Information Mike’s Computer Co., Inc. Collects and How It is Used
Mike’s Computer Co., Inc. collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide you a customized experience as you use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that law requires such disclosure or other special cases described below.
Members are asked to provide certain personal information when they sign-up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Mike’s Computer Co., Inc. and a partner jointly promote the Services, Mike’s Computer Co., Inc. may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. Mike’s Computer Co., Inc. may also generate nonidentifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and nonidentifying information to sell advertisements that appear on the Services.
Mike’s Computer Co., Inc. Partners and Sponsors
Some Mike’s Computer Co., Inc. products and services are offered to Visitors and Members in conjunction with a nonaffiliated partner. For example, we outsource the provision of stock quotes and operation of your stock portfolio (accessible through your Personal Start Page) to a third-party vendor. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. Additionally, many Mike’s Computer Co., Inc. Members have cobranded Personal Start Pages that are cosponsored by nonaffiliated partners. Mike’s Computer Co., Inc. will share nonidentifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the cobranded products or services offered.
At some Web sites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Mike’s Computer Co., Inc. has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so.
If you order products directly from Mike’s Computer Co., Inc., such as through the “Mike’s Computer Co., Inc. Store,” we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
Mike’s Computer Co., Inc. displays our online advertisements. We share aggregated and nonidentifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and nonidentifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us with an advertisement tailored to the audience. Based upon the aggregated and nonidentifying information we have collected, we may then display the advertisement to the intended audience. Mike’s Computer Co., Inc. does not share personal information about its Visitors or Members with these advertisers.
Responses to Email Inquiries
When Visitors or Members send email inquiries to Mike’s Computer Co., Inc., the return email address is used to answer the email inquiry we receive. Mike’s Computer Co., Inc. does not use the return email address for any other purpose and does not share the return email address with any third party.
Voluntary Customer Surveys
We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if a third party conducts the survey. Participation in our customer surveys is voluntary.
We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Mike’s Computer Co., Inc. customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, no personally identifying information may be shared with third parties.
It is Mike’s Computer Co., Inc.’s policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, Mike’s Computer Co., Inc. may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect Mike’s Computer Co., Inc. and our Members.
and how Mike’s Computer Co., Inc. uses them
Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
Computer Co., Inc.'s Commitment to Children's Privacy
Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.
While we make every effort to ensure that these Web sites are fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision. For further information about tips, tools, age-appropriate or kid-friendly Web sites and how to report online trouble, please visit www.getnetwise.org.
Finally, Mike’s Computer Co., Inc. recommends that children ask a parent for permission before sending personal information to Mike’s Computer Co., Inc., or to anyone else online.
Please remember that any information you may disclose in our Member Directory, other public areas of our Web sites, or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
Computer Co., Inc.'s Commitment to Data Security
Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Mike’s Computer Co., Inc. Acceptable Use Policy
Mike’s Computer Co., Inc.’s Acceptable Use Policy (“AUP”) is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Mike’s Computer Co., Inc.’s Internet services (the “Services”) — those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay a monthly service fee to subscribe to the Services (“Members”) — must comply with this AUP.
We support the free flow of information and ideas over the Internet and do
not actively monitor use of the Services under normal circumstances. Similarly,
we do not exercise editorial control over the content of any Web site,
electronic mail transmission, news group, or other material created or
accessible over or through the Services, except for certain proprietary Web sites.
However, in accordance with our Internet
Service Agreement, we may remove any materials that, in our sole
discretion, may be illegal, may subject us to liability, or which may violate
this AUP. Mike’s Computer Co., Inc. may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged crime or civil
wrong. Your violation of this AUP may result in the suspension or termination
of either your access to the Services and/or your
2. Violations of Mike’s Computer Co., Inc.'s Acceptable Use Policy
The following constitute violations of Mike’s Computer Co., Inc.'s Policy:
a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated hereunder is prohibited.
b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way are prohibited.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another is prohibited.
e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes", "ponzi schemes", and "chain letters" is prohibited.
f. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed.
g. Unsolicited commercial email/ Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email is prohibited. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email, whether or not that email is commercial in nature, are prohibited.
h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Mike’s Computer Co., Inc.’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data is prohibited.
i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. Mike’s Computer Co., Inc. is registered under the Digital Millenium Copyright Act of 1998.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
k. Reselling the services. Reselling the Services without Mike’s Computer Co., Inc.’s authorization is prohibited.
l. Network disruptions and unfriendly activity. Using the Services for any activity that adversely affects the ability of other people or systems to use Mike’s Computer Co., Inc. Services or the Internet is prohibited. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
m. News. Mike’s Computer Co., Inc. Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup.
n. Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Mike’s Computer Co., Inc. maintains the right to terminate any member's connection following any extended period of inactivity as determined by Mike’s Computer Co.
Mike’s Computer Co., Inc. considers "multi-posting" to 10 or more groups within a two-week sliding window to be excessive. Mike’s Computer Co., Inc. servers currently limit the number of allowable "cross-posts" to 9.
Mike’s Computer Co., Inc. Members may not cancel messages other than their own messages. A Member may cancel posts forged in that Member's name. We may cancel any postings that violate this AUP.
3. Reporting Violations of Mike’s Computer Co., Inc.'s AUP
Mike’s Computer Co., Inc. requests that anyone who believes that there is a violation of this AUP direct the information to the Director of the Abuse Department, at: firstname.lastname@example.org.
4. Reporting Violations of Mike’s Computer Co., Inc.'s AUP
Mike’s Computer Co., Inc. requests that anyone who believes that there is a violation of this AUP direct the information to the Director of the Abuse Department, at: email@example.com.
If available, please provide the following information:
E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.
Mike’s Computer Co., Inc. may take any one or more of the following actions in response to complaints:
Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
4. Revisions to this Acceptable Use Policy
Mike’s Computer Co., Inc. reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies at any time and in any manner. Any revision, amendment, or modification will be effective thirty (30) days after Mike’s Computer Co., Inc. posts notice to Members in accordance with Section 10 of the Internet Service Agreement.