Terms of Service
This Support Agreement is between PACS Tools LLC and the person/persons who use our support services. Please read carefully to ensure you understand our terms before purchasing any of our services.
What Is Appropriate Usage?
PACS Tools LLC is here to serve the support needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Payments
Renewal notices are emailed before the actual renew date in your account. If your using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 5 days a 10% late fee will be added with a $2.50 minimum. PACS Tools LLC reserves the right to change prices at any time with due cause, unless other set terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to service support suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify PACS Tools LLC to request for termination of services. All payment is in U.S. currency. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. PACS Tools LLC will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All PACS Tools LLC accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at support@pacstoolsonline.com should you wish to change your anniversary billing cycle.
If you cancel an account on the monthly billing cycle PACS Tools LLC can not refund any payments made before. Payments are non-refundable if your account does not follow our terms of service/acceptable usage policy. Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Terms Of Service
The following is the entire Terms of Service agreement between PACS Tools LLC ("PACS Tools") and the personal or corporate account holder ("YOU/YOUR/Customer"). PACS Tools LLC provides World Wide Web Developement, Marketing, limited network Support and PACS/DICOM Device Support. PACS Tools LLC has certain legal and ethical responsibilities consisting with the use of its services in said areas. PACS Tools LLC general policy is to act as a provider of Internet Support to get you or your business back on track. PACS Tools LLC reserves the rights to suspend or cancel a customer's access to any or all services provided by PACS Tools LLC if we decide that the account has been inappropriately used.
Any unauthorized use of accounts by YOU, whether or not the attacked account or computer belongs to PACS Tools LLC, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - PACS Tools LLC has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by PACS Tools LLC to be unacceptable or malicious use of our services.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out- of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
AUP
Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that PACS Tools LLC holds the right to change its AUP at any time to meet web support standards and laws. Amendments to the AUP are effective on the date of PACS Tools LLC notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with PACS Tools LLC reasonable investigation of any suspected violation of the AUP. In the event of a dispute between PACS Tools LLC and Customer regarding the interpretation of the AUP, PACS Tools LLC commercially reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to PACS Tools LLC that the information he, she or it has provided and will provide to PACS Tools LLC for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to PACS Tools LLC that he or she is at least 18 years of age. PACS Tools LLC may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
TECHNICAL SUPPORT BOUNDARIES
PACS Tools LLC provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes web developement assistance, troubleshooting, limited code writing or correction of exsiting code.
We do our best to help with scripts, templates and programing languages. However, in under no circumstances is PACS Tools LLC neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Indemnification
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD PACS Tools LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST PACS Tools LLC, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PACS Tools LLC AGAINST LIABILITIES ARISING OUT OF:
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS PACS Tools LLC AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH PACS Tools LLC's SERVICES.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM PACS Tools LLC's SERVICES.
Disclaimer Of Warranties
PACS Tools LLC does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law PACS Tools LLC disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis. PACS Tools LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF PACS Tools LLC MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
Limitation Of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of PACS Tools LLC and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for three months service.
Suspension Of Services/Termination
YOU agrees that PACS Tools LLC may suspend services to YOU without notice and without liability if: (i) PACS Tools LLC reasonably believes that the services are being used in violation of the AUP; (ii) YOU fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) PACS Tools LLC reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. YOU shall pay PACS Tools LLC reasonable reinstatement fee for service following a suspension of service under this subsection.
The Agreement may be terminated by YOU prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if PACS Tools LLC fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by PACS Tools LLC prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from PACS Tools LLC describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
YOU agrees that PACS Tools LLC may, without notice to YOU, (i) report to the appropriate authorities any conduct by YOU or any of YOU's customers or end users that PACS Tools LLC believes violates applicable law, and (ii) provide any information that it has about YOU or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Notices
Notices to PACS Tools LLC under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to YOU shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. YOU may change his, her or its notice address by a notice given in accordance with this Section.
Force Majored
PACS Tools LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond PACS Tools LLC's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing/Law Disputes
The Agreement shall be governed by the laws of the State of Colorado, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on PACS Tools LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. YOU may not transfer the Agreement without PACS Tools LLC's prior written consent. PACS Tools LLC's approval for assignment is contingent on the assignee meeting PACS Tools LLC's credit approval criteria. PACS Tools LLC may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
CANCELATION OF SUPPORT
PACS Tools LLC reserves the right to cancel its service at any time. All fees paid in advance of cancellation will be pro-rated and paid by PACS Tools LLC if we institute our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
All of PACS Tools LLC's services are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount subscription fees, time already spent, add-on/upgrade fees and overages.
If YOU cancel, the full contract amount less any subscription fees and overages will be refunded if PACS Tools LLCS is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, time already spent in support, domain registration fees, etc. For credit card payment, refunds will be made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
All account cancelations must be done via phone or email. Requests will not constitute acceptance of any cancelation.
PROMOTIONAL RATES & SPECIAL OFFERS
PACS Tools LLC may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
PACS Tools LLC will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
PACS Tools LLC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by PACS Tools LLC) in connection with the payments of the registration fee for any subscription, YOU agree and acknowledge that the subscription registration shall be transferred to PACS Tools LLC as the paying entity for that subscription.
LAWFUL PURPOSE
PACS Tools LLC reserves the right to refuse service to anyone. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of PACS Tools LLC management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that PACS Tools LLC may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Loveland, Colorado, and any dispute will be litigated or arbitrated in Loveland, Colorado. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Larimer County courts. IN NO EVENT SHALL PACS Tools LLC'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.