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(Effective Date: This document last updated January 28, 2007) NOTE: All clients MUST read and agree to these Terms of Service before services begin. Home PC Fixers reserves the right to change this Term of Service and Use Policy. This Terms of Service and Terms of Use Agreement sets forth the standards of use of the Home PC Fixers Online Service. By using the Home PC Fixers/www.homepcfixers.com website you (the "Client") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Home PC Fixers/www.homepcfixers.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1. Description of Service Home PC Fixers is providing Client with computer care services. Client must provide (1) all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for Client's access to the Internet, and (3) pay any fees related with such connection before computer care services begin. 2. Disclaimer of Warranties The site is provided by Home PC Fixers on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Home PC Fixers makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Home PC Fixers shall have no liability for any interruptions in the use of this Website. Home PC Fixers disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. In no event shall Home PC Fixers or its employees be liable for any incidental, indirect or consequential damages whatsoever (including damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use of or inability to use this software product. By choosing to connect, you agree to these conditions. 3. Limitation of Liability HOME PC FIXERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, HOME PC FIXERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOME PC FIXERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. HOME PC FIXERS, NOR ITS EMPLOYEES, CAN BE HELD LIABLE FOR ANY SOFTWARE, HARDWARE, OR INTELLECTUAL PROPERTY DAMAGE RESULTING FROM THE USE OR MISUSE OF THIS, OR ANY OTHER ASSOCIATED PROGRAM OR UTILITY BY THE USER OR ANY THIRD PARTY. USE THIS SOFTWARE AT YOUR OWN RISK. BY CHOOSING TO CONNECT, YOU ARE AGREEING TO THE STATEMENTS IN THIS DOCUMENT. 4. Indemnification Client agrees to indemnify and hold Home PC Fixers, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Client's use of the Service, the violation of this Agreement, or infringement by Client, or other user of the Service using Client's computer, of any intellectual property or any other right of any person or entity. Every reasonable effort will be made to correct any computer problems or malfunctions that the "Client" may have. There may be times and situations when a computer may have a problem that cannot be repaired. Should such a situation occur, an onsite visit will be made, if requested, to do a survey of to perform an analysis of your computer hardware. At that time, an attempt to make a determination will be made whether or not it is a hardware problem, or some other problem. Every reasonable effort will be made to rectify any problems and/or repairs that will return the computer to proper operating condition. Charges will be incurred for additional service. 5. Modifications and Interruption to Service Home PC Fixers reserves the right to modify or discontinue the Service with or without notice to the Client. Home PC Fixers shall not be liable to Client or any third party should Home PC Fixers exercise its right to modify or discontinue the Service. Client acknowledges and accepts that Home PC Fixers does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 6. Governing Jurisdiction of the Courts Our website is operated and provided in the State of Pennsylvania. As such, we are subject to the laws of the State of Pennsylvania, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Pennsylvania. 7. Compliance with Laws Client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 8. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Home PC Fixers/www.homepcfixers.com, with all rights reserved, or is the property of Home PC Fixers and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Home PC Fixers is strictly prohibited. Clients agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Home PC Fixers. Home PC Fixers ™ and www.homepcfixers.com™ are proprietary marks of Home PC Fixers/www.homepcfixers.com. Home PC Fixers' trademarks may not be used in connection with any product or service that is not provided by Home PC Fixers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Home PC Fixers. 9. Botnets Home PC Fixers retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Home PC Fixers reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 10. Warranty Period on Computer Related Services Home PC Fixers offers a three (3) day warranty period on all computer related issues that we successfully resolve for both remote and on-site computer services. After this time period, should a new problem arise or the previous problem begin again, the Client will be billed accordingly based on the price(s) indicated on the Home PC Fixers website for such service or as quoted by Home PC Fixers to the Client before computer repair services begin. 11. Payment for Services After discussing any computer problems with the Client that the Client is experiencing, Home PC Fixers complete the required payment for all services at the price quoted on our website for such service or as discussed with the Client before the remote service repair session begins. For on-site computer services, the payment from the Client will be completed immediately upon completion of the computer repair service requested by the Client. 12. Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Home PC Fixers, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Client. Client agrees that by accepting this Terms of Use Agreement, Client is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable]. Questions or Comments: Home PC Fixers Attention: Terms of Use Personnel P.O. Box 114 Windber, PA 15963-0114 Home PC Fixers will use commercially reasonable efforts to promptly respond and resolve any problem or question.

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