EFFECTIVE DATE:  FEBRUARY 22, 2008

CAPITAL CITY COMPUTERS, LLC TERMS OF SERVICE

            Welcome to Capital City Computers, LLC (“CCC”)!  CCC is excited to be providing you with the 1Click service, the use of which is governed by these Terms of Service (the “Agreement”).  This Agreement may be updated from time to time with or without notice to you. You understand and agree that your use of this Service after a change becomes effective means that you have agreed to and accepted that change.  Accordingly, you should return to this Website (http://www.1clickhelpdesk.com) often to check for changes to the Terms of Service. You may also request a paper copy of the Terms of Service by contacting our Customer Service Department by fax at 1-866-521-0293, via email at info@capitalcitycomputers.com, or through regular mail at 4075 Linglestown Rd #344, Harrisburg, PA 17112, Attention Customer Service.

In addition to the terms contained within this Agreement, the user (hereinafter “You”) is subject to all rules and regulations described in CCC’s End User License Agreement, Privacy Policy, and Registration form, all of which are incorporated herein by reference.  You can find our Privacy Policy and Registration Form through hyperlinks below.  Please note that CCC may offer additional services that are governed by separate Terms of Service.  For instance, this Agreement is not meant to govern Managed Services.  As such, subscribers of Managed Services are subject to separate Terms of Service.

SECTION 1:  GENERAL

1.1       Please read the terms and conditions of this Agreement carefully!  These are the terms that govern your use of this Service and your relationship with CCC.  You will be bound by the terms contained within this Agreement upon your Acceptance.  You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone order for Services; (b) your electronic acceptance of this Agreement during registration or in the course of initiating a support session whether online or by telephone; (c) your use of the Service; or (d) your retention of the Software we make available to you.

1.2      Electronic Acceptance Process.  After you have read all of the terms and conditions contained herein, please indicate your acceptance by choosing the “I Agree” checkbox at the end of the Terms of Service.  In choosing the “I Agree” box, you are agreeing to be bound by all of the terms and conditions specified in the Terms of Service (including those incorporated by reference as noted within the Agreement).  By checking the agreement checkbox, you also represent and warrant the following:

1. You are at least eighteen (18) years of age or older;
2. You are the party to be bound by the contract OR you are authorized to sign for and bind the contracting party; AND
3. You agree to be bound by all of the terms and conditions of this Agreement, including, but not limited to, the DISCLAIMERS and LIMITATIONS OF LIABILITY as defined in Section 13.

IF YOU DO NOT UNDERSTAND THESE TERMS OR DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT, YOU SHOULD NOT PROCEED WITH THE ELECTRONIC ACCEPTANCE PROCESS.

SECTION 2:  DEFINITION OF SERVICE

As used within this Agreement, the term “Service” shall refer to the 1Click service provided by CCC, including any and all Software (as defined below); technical support; email and other features; and, products and services provided either by CCC or third party vendors under the service option selected by you.  The Service may also be referred to herein as “Remote Support Service” (“RSS”) or “Remote PC Services” (“RPCS”).  For purposes of this Agreement, “Software” shall include Remote PC Help Client and other third party diagnostic tools that may be downloaded and used in the provision of the Service.

SECTION 3:  USER REGISTRATION OBLIGATIONS

When you complete the Registration Form for this Service, you will be asked to provide CCC with certain information which includes, but is not limited to, your name, address, telephone number, and credit card information.  You agree that (A) the information you provide in the Registration Form is true, accurate, current and complete and (B) that you will promptly update your information to keep it true, accurate, current and complete.  In the event that you provide false, inaccurate, incomplete, or outdated information, CCC has the right to withhold, suspend, or terminate your service and reserves the right to refuse any and all current or future use of the Service without any liability to you.  (See Section 10 of the Agreement for further information on terminated accounts).

SECTION 4:  CCC’S PRIVACY POLICY

CCC respects your privacy and shall treat your personal information in accordance
with the terms of our current Privacy Policy as amended from time to time in the sole discretion of CCC. 

SECTION 5:  AUTHORIZED USER, USE, AND RESPONSIBILITIES

5.1          Restrictions on Use

5.1.1       You shall not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such (commercial or non-commercial), or use it as a virtual support center, as determined solely by CCC.

5.1.2       You shall not cause CCC or any of its authorized service representatives to
participate in, or contribute towards, any activity that is illegal under any applicable federal, state or local law, rule or regulation.

5.2          Responsibility for Account Use.  You agree that you are responsible for all use on your account.  This includes your primary account and any secondary accounts or sub-accounts registered to your primary account. You further agree that you accept full liability and responsibility for the actions of anyone who uses the Service or Software via your account, or any secondary accounts, with or without your permission.

5.3          Account Use.  If you select a service plan that includes a pre-determined allocation of Services, your unused allotment of Services shall remain in your customer account until such account is closed.

SECTION 6:  SERVICE AVAILABILITY

6.1        You understand that the Service and Software you select may not be available at all times and it may not be available in the format generally marketed.  Further, your personal computer may not be available to receive the Service even if initial testing showed that your connection was qualified.  For RSS, we shall qualify your line for the maximum line rate available to your location based on our standard line qualification procedures.

6.2       You understand that CCC, its suppliers and licensors have the right, at any time and without notice or liability to you, to restrict in whole or in part the use of the Service or the Software or limit availability in order to perform maintenance activities and to maintain session control for any other purpose.
 
SECTION 7:  SOFTWARE LICENSES AND THIRD PARTY VENDORS

7.1      In connection with the Service, CCC may provide to you, via download, CD, other media, or other delivery methods, certain software which is owned by CCC or its third party licensors, providers and suppliers (collectively, “Third Party Licensors”).  The Software may be provided to you for free or for a fee, including client and/or network security software. We reserve the right to update or change the Software from time to time and, if you wish to continue receiving the Service, you shall cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You shall use the Software only as part of or for use with the Service and for no other purpose.

7.2       End User License Agreement. The Software provided to you may be accompanied by an end user license agreement from CCC or its Third Party Licensors. Your use of the Software is governed by the terms of each applicable end user license agreement and by this Agreement, where applicable.  You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

7.3       You shall not make any copies of the Software provided to you by CCC.  You agree that the Software provided to you is the confidential information of CCC or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by CCC or its Third Party Licensors. You shall not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, or otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You shall not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that CCC or its Third Party Licensors continue to own all right, title and interest, including but not limited to, all copyright, patent, trademark, trade secret, and moral rights, in and to the Software and related documentation, as well as any corrections, updates and upgrades. You shall only use the Software in the United States and any export of the Software by you or at your direction is strictly prohibited.

7.4       Term of License.  Your license to use the Software shall remain in full force and effect unless and until terminated either by CCC or its Third Party Licensors, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the Software and immediately delete the Software from your computer.

7.5       Third Party Software. If you subscribe to or otherwise use any third party services offered by or through CCC, your use of any such services is subject to such Third Party Licensors’ terms of service. You shall comply with all Third Party Licensors’ terms of service and acknowledge and agree that such Third Party Licensor is solely responsible for delivery of its service(s) and Software to you and your access to and use of such services and Software. Third Party Licensor services include, but are not limited to, technical support, portal, training, and storage services that CCC may elect to make available from time to time. Violation of such Third Party Licensor’s terms of service may, in CCC’s sole discretion, result in the termination of your customer account and use of Service and Software.

SECTION 8:  PRICING AND PAYMENT

8.1      Pricing and Fees. 
CCC’s fees and charges for the Service(s) you select are provided to you during the ordering process.  They are also available on the 1Click Website unless otherwise noted in this Agreement.  When you place your order, you are agreeing to pay the charges applicable to your selected Service plan and any applicable taxes or other charges, including, but not limited to:  activation fees, minimum service fees, no-show fees, failure to cancel fees, termination fees, set-up fees, and other non-recurring charges.  You also agree that you are responsible for paying any additional fees or charges applied to your billing account for any reason including, but not limited to, interest and charges incurred as a result of insufficient credit or insufficient funds.  Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, shall be included in your first bill.  If you select a subscription plan, you will receive a recurring monthly charge that will be billed one month in advance of Service.  Usage charges, if applicable, will be billed in arrears and pre-purchase plans shall be billed in advance, if applicable.  You will be billed directly either by CCC or its agent, or your credit card will be charged, as requested by you and if app

8.2      Discontinuation of Service for Nonpayment.
CCC may deny or discontinue Service to you at any time, without notice, if any of the following occurs:  your credit card provider denies or discontinues providing credit to you for any reason; you fail to make payment when it is due; you fail to provide us with a new credit card expiration date either before or when the existing one expires.

8.3      Late Fees.
If any portion of your bill is not paid by the due date, CCC reserves the right to charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee shall be the lesser of one and one-half percent (1.5 %) per month, or the highest rate permitted by law. In the event CCC utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.

8.4       Local telephone, Toll and Long Distance Charges.
Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.

8.5       You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service.

8.6       Service Without Resolution.
CCC shall use commercially reasonable efforts to troubleshoot, analyze, assess, correct or otherwise fix your computer, network or personal technology problem. If CCC is unable to resolve your technology problem, you shall remain liable for all Service charges.

8.7       Unable to Create Online Connection.
CCC will not charge you if we cannot connect with your computer in an attempt to provide remote computer support service.

8.8       Minimum Commitment for Subscription Services and Renewal. 
CCC subscription services require a minimum commitment as indicated on the CCC Website under Pricing. Once the minimum commitment is met, CCC subscription services will automatically terminate.  If you intend to renew your subscription, you should notify us before the expiration of your contract in order to avoid any lapse in service.  Help sessions do not accrue. Each CCC subscription shall be used by you only on one personal computer.  Subscriptions shall not be transferred by you to any other personal computer or party.

8.9       Time Limit for Support Sessions and Additional Charges. 
CCC support sessions may have a time limit as indicated in the product description and/or on the receipt. Support beyond this time limit may incur additional charges or fees if you choose to continue. The waiver of any fees or charges lies solely at the discretion of CCC.

SECTION 9:  LIMITATIONS ON USE OF SERVICE

9.1       You agree that your use of the Service, Software and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you further agree that you will abide by all applicable local, state, national and international laws and regulations.

9.2       By accepting the terms of this Agreement, you are agreeing that the Internet is not owned, operated or managed by, or in any way affiliated with CCC.  You further understand that CCC is not responsible for and has no control over the information, content or other materials, (some of which may be malicious or destructive in nature), that may be accessible via the Internet through use of the Service or the Software.  Additionally, you agree that CCC does not own or control all of the various facilities and communication lines through which Service may be provided.  CCC does not guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by CCC or its Third Party Licensors.

9.3       You agree that CCC cannot and does not guarantee or warrant that data and Software available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for protection from viruses, worms, spyware, and any other potentially harmful content, as well as for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data. 

9.4       You understand and agree that the Internet is not a secure network.  Third parties
may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. You agree that CCC is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

9.5       Unless you receive PRIOR WRITTEN CONSENT from CCC, you are not authorized to use any CCC name or mark as a hypertext link to any CCC website or in any advertising, publicity or in any other commercial manner.  Even if you are given written consent to link to the CCC website through the Service, you understand that the authorization does not, in any way, represent or imply CCC's approval of, or its determination of the quality of the product or service being linked to, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content.

SECTION 10:  TERM AND TERMINATION

10.1     Effective Date and Term. 
This Agreement becomes effective upon your acceptance of these terms and conditions as set forth in Section 1 and continues until terminated by either party in accordance with the terms of the Agreement. 

10.2     Termination of Services

10.2.1  Pay-as-you-go or Subscription Service. 
If you are a pay-as-you-go or subscription service customer, either you or CCC may terminate this Agreement without cause by giving notice to the other party.  (See Section 16 for Notice Requirements). Termination by you shall be effective upon CCC’s receipt of your notice.  Activation or set-up fees paid at the initiation of your service, if any, are not refundable.  Termination by CCC shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any software that you install as part of the Service may cease to operate, update or function properly after termination of the subscription.

10.2.2  Termination and/or Suspension by CCC.
If, in the sole discretion of CCC, (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license or agreement of for Third Party Licensors; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, CCC’s network or the network of a Third Party Licensor, or the use and enjoyment of other users; (c) CCC is ordered by a court to terminate your Service; (D) if CCC ceases to offer the Service for any reason; (e) if you are no longer a customer of CCC, or (f) CCC determines that you are abusing the Service or using the Service excessively, CCC at its sole election may terminate or suspend your Service immediately without notice.

10.2.3  Terminated Account.
CCC, in its sole discretion, shall have the right refuse to accept your request for Service, renewal or re-subscription following the termination or suspension of your use of the Service at any time.

SECTION 11:  INDEMNIFICATION

You shall defend, indemnify and hold harmless CCC from and against all liabilities, damages, costs and expenses, including reasonable attorney's fees, relating to or arising from the following:  (a) your breach of this Agreement; (b) your breach of any agreement with a Third Party Licensor; (c) CCC’s access to or use of the Software on your behalf; (d) your use of the Services or the Software; (e) violation of applicable laws or regulations; (f) your use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet; (g) your negligent acts, errors, or omissions; (h) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement the Service, Software or the Internet; or (i) claims for infringement of any intellectual property rights arising from the use of the Services, Software, or the Internet.

SECTION 12:  NOTICES

12.1     Pursuant to the terms of this Agreement, you are required to provide CCC with certain notices, such as the notice of termination of your account.  You shall provide any notices required under the terms of this agreement to CCC via the Customer Service Department.  The Customer Service Department may be reached by phone at 717-910-4956, fax at 1-866-521-0293, via email at info@capitalcitycomputers.com, or through regular mail to 4075 Linglestown Rd #344, Harrisburg, PA 17112, Attention Customer Service.

12.2     You agree that notices from CCC to you shall be deemed given in any of the following ways: (a) when sent to your registered email address; (b) when deposited in the United States mail addressed to your last-known address; or, (c) when hand delivered to your home, as applicable.

12.3     Electronic Communications. 
You and CCC further agree to the following regarding m /electronic communications: (a) the User ID and/or alias of a sender, contained in an electronic communication (“email”), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is valid proof of the validity of the original content of the electronic communication.

SECTION 13: LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

13.1     THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW (OR LIMIT) THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION (OR LIMITATION) OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

13.2     IN NO EVENT SHALL CCC (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, SUBSIDIARIES, ATTORNEYS OR AFFILIATES), OR ITS THIRD PARTY LICENSORS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE , THE SOFTWARE OR YOUR DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CCC OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY.

13.3     NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY FROM CCC OF ANY KIND. CCC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES FOR THE SERVICE AND/OR SOFTWARE, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT, STATUTORY OR BY OPERATION OF LAW), INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, SUITABILITY, ACCURACY, SECURITY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO ADVICE, SUPPORT OR INFORMATION DELIVERED BY CCC OR ITS REPRESENTATIVES TO YOU SHALL CREATE ANY WARRANTY.  USE OF CCC’S REMOTE PC SERVICES IS AT YOUR OWN RISK AND IS NOT WARRANTED.

13.4     CCC DOES NOT WARRANT THAT THE SERVICE OR THE SOFTWARE PROVIDED BY CCC HEREUNDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. CCC SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. CCC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE OR THE INTERNET. CCC MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE OR THE SOFTWARE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

13.5     CCC RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE OR FOR YOUR BREACH OF THIS AGREEMENT, INCLUDING ANY POLICIES OR END USER LICENSE AGREEMENTS RELATING TO THE SERVICE OR THE SOFTWARE.

SECTION 14: GENERAL PROVISIONS

14.1     The parties agree that their respective rights, obligations, and duties under this Agreement, which, by their nature, would extend beyond the termination, cancellation or expiration of this Agreement, shall survive such termination, cancellation or expiration and shall remain in effect for a period of one (1) year thereafter or the period specified in this Agreement, if longer.

14.2     CCC shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or of other things we do not control, or for an inability to obtain necessary equipment or services.

14.3     You agree not to assign or otherwise transfer this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

14.4     You and CCC agree that the substantive laws of the Commonwealth of Pennsylvania, without reference to its principles of conflicts of laws, shall be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND CCC CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN DAUPHIN COUNTY, PENNSYLVANIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. YOU AGREE THAT, EXCEPT AS OTHERWISE REQUIRED BY LAW, INCLUDING PENNSYLVANIA LAWS RELATING TO CONSUMER TRANSACTIONS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICE OR SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.

14.5     In any instance that CCC fails to insist upon strict compliance with any of the provisions of this Agreement, this shall not be construed to be a waiver of such terms in the future.

14.6     If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

14.7     This Agreement and all other policies posted on the Website, which are fully incorporated into this Agreement by reference, constitute the entire agreement between you and CCC with respect to the subject matter contained herein and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

14.7     NO REFUND POLICY.  CCC maintains a NO REFUND POLICY.  All sales of our products and services are final. No refunds will be issued, guaranteed or promised.      

EFFECTIVE DATE MARCH 4, 2008

This site is provided to you by Capital City Computers, LLC (“CCC”) in connection with your use of our 1Click website. By using the site, you are accepting the practices described in this privacy policy. Our privacy policy may be changed from time to time so we encourage you to review this page whenever you visit our website to make sure that you understand how your personal information will be used. We feel that you should fully understand our privacy policy and the terms and conditions surrounding the capture and use of your information so please read our entire privacy policy before using the site or submitting any personal information.

Note: the privacy practices set forth in this privacy policy are for this site only. If you link to other sites, please review the privacy policies posted at those sites.

Our Commitment to Your Privacy

At CCC, we value your privacy. In order to protect your personally identifiable information (as defined more specifically below) from loss, misuse, alteration, or destruction, CCC has implemented generally accepted standards of technology and operational security. CCC restricts access to your personally identifiable information to authorized personnel who are required to treat this information as confidential. Although these precautions are taken, CCC cannot guarantee that unauthorized persons will not obtain access to your personally identifiable information. While CCC is able to protect personal information that is provided during the course of business, CCC cannot take responsibility for data loss on the products or systems serviced. You are responsible for ensuring your data has been removed or backed-up in order to safeguard this information.

Information We Collect

This notice applies to all information submitted by you or collected from you on the 1Click website.

Personally Identifiable Information
When you use this site, we may collect personally identifiable information from you. Personally identifiable information is information that tells us specifically who you are. Some of the types of personally identifiable information that may be collected or submitted through our website are:

Your Full Name;
Street Address;
Email address;
Telephone number(s); and,
Credit Card Information.

We collect this information through the Registration Form on our website which allows you to purchase our products and services online. We may also collect this information to fulfill specific requests for you (i.e. to provide responses to questions you submit to our customer service department via the internet).

Anonymous Information
In addition to collecting personally identifiable information, we may also collect some anonymous information related to our usage of the Site, such as how our users navigate the site. This also includes the number and frequency of visitors to each web page and the length of their stays. We collect the anonymous information automatically sent to us by your web browser, such as browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP address. We also may determine what technology is available through your browser in order to serve you the most appropriate version of a web page. For example, we may determine that you have installed a version of Flash, and we will then send you the appropriate Flash version of the web page rather than an HTML page.

Remote Access and Collection of Information
The 1Click service (the “Service”) offered by CCC is a remote access service in which CCC assists with the diagnosis and resolution of computer issues. In connection with the Service, a CCC technician may need to remotely access your computer to identify issues and repair problems or advise you as to the options available to repair your computer. By using the Service, you are granting us permission to have a CCC technician log into your computer. After connecting to your computer remotely, our technicians will attempt to minimize their interaction with your files in diagnosing any problems with your computer. You should be aware that your computer may contain a wide range of personally identifiable information. As such, it is your responsibility to ensure all of your files, especially those containing personally identifiable information, are secure to prevent any type of data loss or corruption.

By downloading CCC Software in connection with the Services, you agree that CCC may collect and use technical and related information, including but not limited to technical information about your computer, operating system and application software, and peripherals, that is gathered periodically by the CCC Software to facilitate the provision of software updates, product support and other services to you related to the CCC Software and Services.  CCC may use this information in accordance with the terms of this Privacy Policy, as long as it is in a form that does not personally identify you.    We may share aggregated demographic and technical information and/or customer profile data with our business partners or as necessary to provide Service to you. This is not linked to any personal information that can identify any individual person.

How We Use Your Information

Disclosure of Personal Information
CCC uses your personal information as necessary to fulfill orders and requests for services or information and to provide customer service. CCC may need to share your personally identifiable information with certain third parties such as our services providers, including, but not limited to, data storage providers, business partners and other representatives. These companies are also obligated to protect your personal information in accordance with CCC’s policies.

CCC may also use your personal information to offer you new products or services; to improve the effectiveness of CCC’s endeavors; to conduct research and analysis; to send marketing communications; and, to perform other business activities.

CCC does not sell or rent your contact information to unrelated third parties. We will not sell, distribute or lease your personal information to third parties unless we either (1) have your permission or (2) are required by law to do so.

CCC may disclose your personally identifiable information if required by law to do so or in the good faith belief that disclosure is necessary to (1) comply with law or comply with legal process served upon us or our agents, representatives and affiliates, (2) protect and defend our rights or property or those of our users, (3) protect the personal safety of our users or the public, or (4) respond to inquiries by bona fide owners of intellectual property rights in connection with allegations of copyright or other proprietary or intellectual property rights infringement(s) arising from data or other information posted by users on the Site or otherwise provided to CCC. CCC may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

Cookies
We may customize your browsing experience by using “cookies.” A Cookie is a simple text file that stores a randomly generated identifying tag on your computer.  We use Cookies to provide extended functionality and to personalize your Site experience. The cookie itself does not contain personally identifiable information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. (The only personal information a cookie can contain is information you supply.) A cookie can't read data off your hard disk or read cookie files created by other sites.

You have the option of accepting or refusing cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, this may prevent you from taking full advantage of the website.

Children Under Thirteen (13) Years of Age
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