Terms of Service

Note: All users are bound by these Terms of Service.

Computer Helper ("Computer Helper") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Technical Support

 

Our technical support staff is available to assist you with any technical problems you may have.  Technical support is available toll-free at 1-888-266-9305 or (918) 647-4846 from 8:30AM to Midnight CT Monday through Thursday and 8:30AM to Noon on Fridays or you may send us an email at support@chelper.net 

Cancellation Policy

    If after signing up for the service the User has connectivity problems from the moment of activation that cannot be resolved by Computer Helper or our network technicians, then Computer Helper will provide the User a full refund. Connectivity problems include constant busy signals, authentication issues and overall POP performance that cannot be rectified by Computer Helper. This only applies during the initial turn up of an account. (Defined as the first five (5) days). If  the User decides to terminate the service with Computer Helper after the first five (5) days and they have purchased a Quarterly, Semi-Annual or Annual account, then the User's account will be assessed a $15.00 termination fee and converted to month to month service for billing purposes. The remaining difference will then be refunded. Monthly accounts cancelled after the first five (5) days will not be credited any refund for cancellation. Cancellation within the initial grace period for reasons other than connectivity issues, or failure on end users part to allow Computer Helper adequate opportunity to correct connectivity issues may result in a charge of one (1) months normal billable service to end users account.

Account Conversion

  If User wants to convert an established month to month service account that is in good standing with Computer Helper to a pre paid Quarterly, Semi-Annual or Annual service account, the User must contact Computer Helper before the end of the calendar month in which the User established service. The monthly fee the User has already paid will then be applied towards the annual subscription cost and the account will then be treated as if it were an annual account from its initial activation.

Limitation of Dial-Up Services

Access Restrictions

DIALUP POLICIES

 

Our dialup connections are not dedicated connections. A dialup account is an account that can be used by a single user for a limited length session. This means he can log in and stay logged in for several hours, as long as he is actively using his computer to access the internet. However, there are some actions that are prohibited:

 

1. The customer cannot run an unattended or automated process that keeps the line open while he is not in front of the computer. Thus, he cannot run a mail server, web server, or any other kind of server; nor can he run an automatic mail checker.

 

2. The customer cannot share his login codes with any other user, except for members of his immediate family living under the same roof. Thus, multiple members of an office cannot share a single username and password; they must each have their own. The same thing applies to school members, boy scout troops, church members, and every other kind of group. It also means the account cannot be used by a child while away at college. The use of proxy servers or other means of sharing a single modem connection throughout an office are prohibited on dialup accounts.

 

Users who remain online more that 16 hours in any 24 hour period are presumed to be in violation of one of the above provisions, unless they can unequivocally demonstrate otherwise.

 

If a user is online, other attempts to connect using the same login code will be rejected.

 

Our network providers restrict access on each network to 200 hours per month. 

Limited Access Networks:

   All networks listed on the Computer Helper website as having defined monthly hourly limitations can be utilized at the users discretion so long as no other Terms of Service have been violated. User acknowledges that by choosing a network with defined monthly limits that when the time has been exhausted, no further internet access will be allowed until the beginning of the next calendar month.  

Idle Timeout

User agrees that their online session may be automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 520 bytes of data transferred between User's modem and the Computer Helper service.

Maximum Single Session

User agrees that their online session may be automatically terminated after four (4) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit

User understands they may not be able log back onto the Computer Helper system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased. Violation of this policy may result in account suspension and or termination.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

Computer Helper exercises no control whatsoever over the content of the information passing through Computer Helper's  system. Use of any information obtained via Computer Helper is at User's risk. Neither Computer Helper nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does Computer Helper make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY Computer Helper, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Computer Helper NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Computer Helper, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT Computer Helper IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Computer Helper's  LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of Computer Helper in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold Computer Helper, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by Computer Helper, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify Computer Helper in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and Computer Helper shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to Computer Helper that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. Computer Helper has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post on webspace provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

allow users to run Maillist, Listserv or any form of auto-responds from User's account;

run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Computer Helper has no obligation to monitor the Service. However, User agrees that Computer Helper has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Computer Helper will not intentionally monitor or disclose any private E-mail message unless required by law. Computer Helper reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Computer Helper reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Computer Helper following payment of a reconnection charge, to be determined by Computer Helper in its sole and absolute discretion.

Messaging

User agrees to limit their use of the Computer Helper service, specifically regarding the use of Computer Helper's  electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Computer Helper service.

Transmission of unsolicited email or promotional material.

Users of Computer Helper's services are restricted from using any of our Services or Resources for the purpose of transmitting unsolicited or promotional material including but not limited to, any material which can be commonly referred to as SPAM. The violation of this restriction will result in a ten dollar penalty for each email address for which the unsolicited or promotional material was sent.  All costs associated with the collection of this fee will be the responsibility of the violator.   In addition, Computer Helper  reserves the right to prosecute the user for breach of this contract and the violating user acknowledges  they have purposefully and intentionally damaged Computer Helper's brand and image in the marketplace. The violator agrees to pay any and all legal costs incurred by Computer Helper  associated with each violation.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. Computer Helper RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF Computer Helper SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR Computer Helper SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, Computer Helper RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF Computer Helper SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

No Confidentiality

Information transmitted through Computer Helper and through the Internet in general is not confidential. Computer Helper can not and shall not guarantee privacy or protection of any User. Computer Helper reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of Computer Helper.

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

Computer Helper does not and will not perform system backups on any User's E-mail account(s). Computer Helper shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Computer Helper will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Computer Helper does not and will not perform system backups on any web sites. Computer Helper shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, Computer Helper will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

Computer Helper may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Computer Helper in its sole discretion believes violates any of the terms and conditions in this Agreement. If Computer Helper denies User access to the Service because of such a violation, User shall not have the right (1) to access through Computer Helper any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through Computer Helper, and Computer Helper shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Billing

  All monthly service accounts must have cleared payment for the following months service deposited with Computer Helper prior to Noon on the last business day before or on the 25th of the current calendar month. It should be noted that all monthly accounts are considered auto renewable at inception and will be billed as this until such time that the user notifies Computer Helper otherwise. Credit card customers can expect their billing to be processed between the 15th and 25th of every month for the following months service. Extended length contracts will not be auto renewable. Approximately 15 Days prior to account expiration the user will be contacted by Computer Helper about service renewal.  Any account renewed after the 25th shall be accessed a $10.00 (ten dollars) reactivation fee.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to Computer Helper's  system for periods exceeding (4) four hours, in any single continuous session. User authorizes Computer Helper to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify Computer Helper if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to Computer Helper.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Computer Helper's  failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

Computer Helper may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the of State of Oklahoma without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Computer Helper shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of Computer Helper.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming Computer Helper as the defendant, shall be proper only in a venue determined by Computer Helper.

In any action between Computer Helper and User to enforce any of the terms of this Agreement, Computer Helper shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and Computer Helper with respect to the Service.