• Y2K Disclosure
• Privacy Statement
  
  

I. General Overview

It is Computer Variations's policy to offer unlimited, uncensored access to the Internet. However, as with any user-oriented service, Computer Variations has certain guidelines and rules which must be enforced for the benefit of both Computer Variations ACCOUNTHOLDERs and all other Internet users throughout the world. Computer Variations therefore requires ACCOUNTHOLDERs to adhere to the guidelines set forth herein.

II. Accountholder Consent To Guidelines

Please read these Guidelines carefully before opening or continuing an account with Computer Variations. By using Computer Variations services, you agree to comply with these Acceptable Use Guidelines, and Computer Variations may terminate your Computer Variations account if you fail to comply with these guidelines. IF YOU DO NOT AGREE TO BE BOUND BY THESE GUIDELINES, YOU SHOULD IMMEDIATELY END YOUR USE OF COMPUTER VARIATIONS SERVICES AND NOTIFY THE COMPUTER VARIATIONS CUSTOMER SERVICES DEPARTMENT SO THAT COMPUTER VARIATIONS MAY INITIATE A CLOSURE OF YOUR ACCOUNT.

A. USE OF SERVICES

1. The ACCOUNTHOLDER agrees to use Computer Variations's services for lawful purposes, in compliance with all applicable laws.

2. Computer Variations accounts are provided for use in conformance with these Guidelines and Terms and Conditions. Computer Variations reserves the right to investigate suspected violations of the Guidelines. When Computer Variations becomes aware of possible violations, Computer Variations may initiate investigation which may include gathering information from the ACCOUNTHOLDER or Accountholder's involved and the complaining party, if any, and examination of material on Computer Variations's servers.

3. During an investigation, Computer Variations may suspend the account or accounts involved and/or remove the material involved from its servers. If Computer Variations believes, a violation of these Guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from Computer Variations's servers, the cancellation of news group posts, warnings to the ACCOUNTHOLDER or ACCOUNTHOLDERS responsible, and the suspension or termination of the account or accounts responsible. Computer Variations, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the ACCOUNTHOLDER to criminal or civil liability.

B. USE OF MATERIALS

1. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using Computer Variations services. ACCOUNTHOLDERS may also re-distribute materials in the public domain. The ACCOUNTHOLDER assumes all risks regarding the determination of whether material is in the public domain.

2. The ACCOUNTHOLDER is prohibited from storing, distributing or transmitting any unlawful material through Computer Variations services. Examples of unlawful material include but are not limited to direct threats of physical harm, pornography, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The ACCOUNTHOLDER may not post, upload or otherwise distribute copyrighted material on Computer Variations's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the ACCOUNTHOLDER to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above.

3. The ACCOUNTHOLDER may not store or distribute certain other types of material on Computer Variations's servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojans and tools to compromise the security of other sites.

C. PASSWORDS

1. Computer Variations personal accounts are for individual use only. ACCOUNTHOLDERS may not share passwords or accounts with other individuals.

2. Computer Variations shall provide passwords to ACCOUNTHOLDERS. In the event that the security of an ACCOUNTHOLDER is compromised, Computer Variations shall provide the ACCOUNTHOLDER with a new password.

D. SYSTEM SECURITY

1. The ACCOUNTHOLDER is prohibited from utilizing Computer Variations services to compromise the security or tamper with Computer Variations's system resources or accounts on any of Computer Variations's computers, routers, terminal servers, modems, or any other equipment at Computer Variations or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools or network probing tools. Any attempt to access any of Computer Variations's corporate assets is strictly prohibited.

2. Computer Variations reserves the right to release the user names of ACCOUNTHOLDERS involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. Computer Variations will also fully cooperate with law enforcement authorizes in investigating suspected lawbreakers.

E. SYSTEM RESOURCES

1. Computer Variations will allocate system resources to provide all ACCOUNTHOLDERS with the best service possible. As part of resource allocation, Computer Variations may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and the number of sessions.

2. Additionally, Computer Variations may institute services and fees for ACCOUNTHOLDERS who are interested in accessing system resources above and beyond acceptable usage.

3. Computer Variations may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section II.A. above.

4. System abuse is defined as any use of Computer Variations resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to attempting to disrupt the sessions of other Internet users, consuming excessive amounts of time, memory or disk space bandwidth or otherwise affecting the performance of Computer Variations servers or networks.

5. Accountholder's may only make use of Computer Variations system resources while logged in. The sole exceptions to this policy are email filters, which process and sort mail as it arrives.

III. Acceptable Usage

Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including but not limited to usage of Computer Variations's systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Depending on the account type, this may include a moderate amount of file storage on Computer Variations's servers for ACCOUNTHOLDERS web page.

This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority.

IV. Prohibited Activities

Activities specifically prohibited by Computer Variations administration include but are not limited to the following:

1) Background and/or server-type applications

Including but not limited to IRC bots, MUDs, and any similar process which were initiated by the user that continues execution on the system upon user logout.

2) Long-term storage of data

Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes but is not limited to Mail messages left on Computer Variations's mail servers.

3) Flooding or abuse of other users

Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at Computer Variations. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.

4) Attempts to compromise system and/or network security

Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user's account are prohibited. This also includes attempts to hack into non-Computer Variations systems.

5) Sharing of accounts

Sharing of a user's account with another party for purposes of avoiding payment for a second account is strictly prohibited.

6) Attempts to bypass resource usage limitations

In order to provide fair service to all Computer Variations users, Computer Variations has implemented certain resource limitations, the two most common being disk quotas on the servers, and idle time-outs on connections. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges. Attempts to bypass the idle time-outs are also prohibited. The current idle time-out limit is ten minutes.

7) Excessive use of system resources

This segment can be broken down into two different parts, system and dial-up. For system purposes, this can be defined as the continued use of programs or commands which take a large amount of system resources, be that processor time, network bandwidth, and/or drive space on the host system. For dial-up purposes, this primarily prohibits the continued usage of a dial-up port to simulate a dedicated connection to the user's system. Dial-up accounts are designed to provide on-demand access for ACCOUNTHOLDERS, not dedicated connections. If a dedicated connection is desired, the ACCOUNTHOLDER needs to speak with Computer Variations's Sales department.

8) E-mail Abuse

E-mail abuse typically comes in one of three forms, the transfer of a message to unsolicited individuals, the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user.

The following activities are specifically prohibited by Computer Variations in connection with the use of email, newsgroup or IRC services Computer Variations provides:

A. distributing malicious software which contributes to or assists in "mail-bombing" or "spamming";

B. sending unsolicited, junk or chain letter email for the purpose of advertising or soliciting, sending mailings to more than 100 destinations on a given day except to existing contacts and agreeable destinations or using any address served by Computer Variations to collect responses from unsolicited email;

C. attempting to impersonate any person, using forged email or Usenet headers or other identifying information;

D. using an email box exclusively as a storage space for data, which includes a mailbox exceeding 10MB or which has not been accessed for more than one (1) month;

E. using a news server for software distribution, cross-posting messages to more than 10 newsgroups and posting off-topic messages and advertising to newsgroups;

F. posting frivolous, excessively vulgar or repetitious messages to newsgroups;

G. posting binary or excessively large unrelated text files to non-binary newsgroups that have specifically requested such material not to be posted in the group's FAQ;

H. installing "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt newsgroups or email use by others;

I. transmitting blanket postings to all or large numbers of newsgroups simultaneously without regard to the newsgroups' topics; and

J. using IRC bots in violation of any accepted policies on IRC servers.

9) Usenet order News Abuse

Similar to e-mail abuse, includes forging of addresses, harassment/threats, the posting of the same message to multiple news groups (spamming), as well as the posting of information in groups where it is not relevant and unwanted.

10) Pyramid/Money-Making schemes

Such activities as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited.

11) Pirated Software

Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on Computer Variations. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.

12) High-Traffic Web sites

V. Penalties for Abuse

A. All prohibited activities are subject to immediate termination of a user's account and any and all criminal and civil penalties available under the law. The penalties imposed on a user for abuse will vary based on the level of the offense. Typically the user will receive a warning on the first offense. However, if the offense is severe enough, Computer Variations reserves the right to disable the account immediately. Accounts which have been disabled by administration for abuse will not be re-opened for a user. It is vital for Computer Variations to provide a quality service for all users, and Computer Variations will not tolerate users who through their actions hinder us in that endeavor. It is also important for Computer Variations to have a non- intrusive presence to the rest of the net, and thus prohibited activities which adversely affect users on other service providers and their associated networks. To this end, Computer Variations reserves the right to modify and/or disable user service at any such time abuse occurs.

B. Computer Variations will not reimburse users whose service was suspended or disabled due to any of the reasons listed above.

C. All Computer Variations Users agree to indemnify and hold Computer Variations, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the User's violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the User's dependents, or the infringement of any intellectual property or privacy right of any person or entity.

VI. Additional Policies

A. Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, Computer Variations reserves the right to add and enforce new policies.

B. While Computer Variations strives to provide local access to our ACCOUNTHOLDERS, Computer Variations cannot guarantee such service. It is the user's responsibility to verify with the telephone carrier whether the calls made via the Accountholder's equipment to access the Internet are local or not. Computer Variations makes no warranties as to whether Computer Variations can provide users with local Internet access numbers. Users are responsible for paying their own connection charges for accessing the Internet as well as for contacting Computer Variations's ACCOUNTHOLDER and/or Technical Support lines. Computer Variations WILL NOT REIMBURSE USERS FOR ANY LONG DISTANCE CHARGES.

VII. Limitation of Liability

Computer Variations's liability under any circumstances is limited to the current month's service charge.

VIII. Warranties

THE COMPUTER VARIATIONS SERVICE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO COMPUTER VARIATIONS OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPUTER VARIATIONS SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE COMPUTER VARIATIONS. NOR SHALL COMPUTER VARIATIONS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPUTER VARIATIONS's REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COMPUTER VARIATIONS RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL COMPUTER VARIATIONS's TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT.

IX. BILLING POLICIES

1. ACCOUNTHOLDER acknowledges, agrees and assumes full responsibility for making timely full monthly payments for each Computer Variations account. Timely payment includes maintaining ACCOUNTHOLDER billing information given to Computer Variations for each Internet account which the ACCOUNTHOLDER must keep current. Those ACCOUNTHOLDERS who choose to make payment with credit cards must provide Computer Variations with their full name, billing address, credit card number and expiration date. It is the Accountholder's responsibility to timely notify Computer Variations of any changes in its credit card account.

2. Computer Variations reserves the right to cancel any ACCOUNTHOLDER account without notice due to non-payment. In the event that ACCOUNTHOLDER fails to timely make full payment of each invoice, Computer Variations reserves the right to charge interest, late fees and/or reactivation charges on the delinquent Accountholder's account.

3. In the event of cancellation by ACCOUNTHOLDER, ACCOUNTHOLDER must contact Computer Variations in one of the following manners: 1) via mail with proof of receipt properly addressed to: Computer Variations, 2515 Camino del Rio South, Suite 348, San Diego CA 92108, or 2) via email to billing@compuvar.com where the subject is Account Cancellation or 3) via fax to Computer Variations: (619) 294-9007.

4. NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. ACCOUNTHOLDERS are responsible for full payment on all accounts whether or not the account is ever utilized.

5. Any billing discrepancies shall be presented to Computer Variations in reasonable detail, in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve ACCOUNTHOLDER of the obligation to make all payments including the amounts disputed by the due date. Computer Variations shall not be obligated to consider any ACCOUNTHOLDER notice of billing discrepancies which are received by Computer Variations more than twenty (20) days following the date of the invoice in question. If an ACCOUNTHOLDER fails to dispute any charge after twenty (20) days from the date of the charge, ACCOUNTHOLDER waives its rights to thereafter make any such dispute and all such charges will be deemed valid.

6. All accounts at Computer Variations are pre-paid for the term specified in the account and are non-refundable.

7. ACCOUNTHOLDER acknowledges, agrees and assumes full responsibility to verify that the telephone number that they call to access the Internet is a telephone number which is local to their area. Computer Variations is NOT responsible in any way for any telephone charges incurred by any ACCOUNTHOLDER when accessing the Internet or when contacting Computer Variations for any reason. In the event that the Accountholder's local telephone number to access the Internet is out of service, ACCOUNTHOLDER assumes full responsibility for all long distance charges incurred by ACCOUNTHOLDER if ACCOUNTHOLDER chooses to call a long distance telephone number to access the Internet, even if directed to do so by Computer Variations's Technical Support.

8. Computer Variations makes no Warranties as to the availability or right to use of any Login name, E-mail Address, or Web Page Address. Computer Variations will not refund any charges for reprinting of stationery or any other losses incurred.

9. Computer Variations MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OF BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE WARRANTY OF MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE.

10. ACCOUNTHOLDER agrees that at the end of the term of the Internet Account initially agreed to by ACCOUNTHOLDER or any term thereafter, Computer Variations may, at its sole discretion, automatically renew such Internet Account for an additional and equal term. ACCOUNTHOLDER further agrees that upon renewal of such Internet Account, Computer Variations may continue to charge Accountholder's credit card or seek other form of payment from ACCOUNTHOLDER, for which ACCOUNTHOLDER shall be responsible for. In the event that ACCOUNTHOLDER does not wish Computer Variations to automatically renew such Internet Account, it is Accountholder's sole responsibility to notify Computer Variations of such intent prior to the expiration of such term.

13. All policies stated herein are subject to change at Computer Variations's sole discretion. ACCOUNTHOLDER shall be responsible for adhering to any new policies implemented by Computer Variations.

Y2K Disclosure Statement

The Y2K transition had zero impact on Computer Variations' systems.

Privacy Statement

Any information submitted to Computer Variations is purely for the purpose of preparing quotations and availability statements, and/or for the purpose of conducting business. No such information will be divulged to any third party except as required by a law enforcement agency, for the purposes of debt recovery, or for the purpose of providing business services as ordered.