AGREEMENT BETWEEN YOU AND SWSCOMPUTERS

The SWSCOMPUTERS MEMBERSHIP Web Site is made up of various Web sites and Web pages operated by SWSCOMPUTERS or its affiliates (collectively, "the SWSCOMPUTERS Web Site"). This Terms of Use and Notices applies to the SWSCOMPUTERS Web Site and does not apply to the content of third parties.

The SWSCOMPUTERS Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SWSCOMPUTERS Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SWSCOMPUTERS Web Site included within the SWSCOMPUTERS Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to any of the Additional Terms, click on the link below:

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at http://www.swscomputers.com/privacy.asp for disclosures relating to the collection and use of your personal information.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular SWSCOMPUTERS Web Site, or any product or service offered on any SWSCOMPUTERS Web Site (each "SWSCOMPUTERS Site/Service", and collectively "SWSCOMPUTERS Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SWSCOMPUTERS immediately of any unauthorized use of your account or any other breach of security. SWSCOMPUTERS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SWSCOMPUTERS or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

SWSCOMPUTERS reserves the right to change the terms, conditions, and notices under which the SWSCOMPUTERS Sites/Services are offered, including but not limited to the charges associated with the use of the SWSCOMPUTERS Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the SWSCOMPUTERS Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified or a business account, the SWSCOMPUTERS Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the SWSCOMPUTERS Sites/Services. Without the advance express written permission of SWSCOMPUTERS, you may not ‘meta-search’ the SWSCOMPUTERS Sites/Services, send, or cause to be sent, any automated queries of any sort to the SWSCOMPUTERS Sites/Services, or use the SWSCOMPUTERS Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any SWSCOMPUTERS Sites/Services to determine how a web site “ranks” on any SWSCOMPUTERS Sites/Services.

LINKS TO THIRD PARTY SITES

The SWSCOMPUTERS Sites/Services may contain images of and links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of SWSCOMPUTERS and SWSCOMPUTERS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SWSCOMPUTERS is not responsible for web casting or any other form of transmission received from any Linked Site nor is SWSCOMPUTERS responsible if the Linked Site is not working appropriately. SWSCOMPUTERS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SWSCOMPUTERS or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the SWSCOMPUTERS Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SWSCOMPUTERS shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the SWSCOMPUTERS Sites/Services, you will not use the SWSCOMPUTERS Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SWSCOMPUTERS Sites/Services in any manner that could damage, disable, overburden, or impair any SWSCOMPUTERS Site/Service(s) (or the network(s) connected to any SWSCOMPUTERS Site/Service(s)) or interfere with any other party's use and enjoyment of any SWSCOMPUTERS Site/Service(s). You may not attempt to gain unauthorized access to any SWSCOMPUTERS Site/Service, other accounts, computer systems or networks connected to any SWSCOMPUTERS Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SWSCOMPUTERS Sites/Services.

USE OF SERVICES

The SWSCOMPUTERS Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the SWSCOMPUTERS Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an SWSCOMPUTERS Site/Service(s) or other user or usage information or any portion thereof.

SWSCOMPUTERS has no obligation to monitor the Communication Services. However, SWSCOMPUTERS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SWSCOMPUTERS reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

SWSCOMPUTERS reserves the right at all times to disclose any information as SWSCOMPUTERS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SWSCOMPUTERS' sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. SWSCOMPUTERS does not control or endorse the content, messages or information found in any Communication Service and, therefore, SWSCOMPUTERS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SWSCOMPUTERS spokespersons, and their views do not necessarily reflect those of SWSCOMPUTERS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SWSCOMPUTERS SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SWSCOMPUTERS SITES/SERVICES AND TO THE INFORMATION THEREIN. SWSCOMPUTERS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SWSCOMPUTERS SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SWSCOMPUTERS SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SWSCOMPUTERS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SWSCOMPUTERS SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SWSCOMPUTERS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT SWSCOMPUTERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SWSCOMPUTERS SITE/SERVICE. YOU SPECIFICALLY AGREE THAT SWSCOMPUTERS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SWSCOMPUTERS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN SWSCOMPUTERS SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL SWSCOMPUTERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SWSCOMPUTERS SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE SWSCOMPUTERS SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SWSCOMPUTERS SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SWSCOMPUTERS SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWSCOMPUTERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SWSCOMPUTERS SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SWSCOMPUTERS SITES/SERVICES.

SWSCOMPUTERS MAKES NO WARRANTY THAT ANY SWSCOMPUTERS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Service Refund Policies

Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.

Consent to Receive All Information in Electronic Form

YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM SWSCOMPUTERS, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED SWSCOMPUTERS A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.

YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEBSITE AT http://www.swscomputers.com/members AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, SWSCOMPUTERS MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.

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