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Terms & Conditions
This is an agreement by and between the subscriber and the Software
Workshop Incorporated (The Company), registered in the State of New York, for the supply of
various information services. PLEASE read the following
carefully, irregardless of any other written or verbal promises or statements,
this represents the terms & conditions by which the subscriber receives
service.
- Service Periods - Charges for services are on a quarterly basis.
Statements are transmitted via E-Mail prior to the beginning of a service
period. A subscribers billing period begins when the subscriber is sent a
message informing them their service is ACTIVE. The charge for the first
month of service is prorated based on the actual service start date.
- Invoicing - Unless other arrangements are made statements are
normally transmitted to an E-Mail address specified by the subscriber.
Payment is expected in 15 days via check (US Funds) or credit card. After 15
days a reminder will be sent to overdue subscribers. After 30 days a notice
of pending service termination is sent and service will be terminated. The
subscribe is responsible for making sure payments are made and credited to
their accounts in a timely manner -- account status may be checked via our
web site. Example: invoice sent 1 June, reminder sent 15 June,
service cancelled anytime after 30 June if no payment received.
- Monthly Invoices - Any subscriber whose monthly invoice amount
would exceed $50 ($150/quarter) has the option of requesting a monthly
invoicing cycle; however, we must be authorized to make automatic
credit card deduction. The subscriber will still receive a monthly invoice
showing the charge which will occur, and they may cancel such authorization
at any time.
- Satisfaction Guarantee - A first time subscriber who is not
satisfied with service may request a complete refund at anytime during their
first month of service. We will refund our setup fees and the first
month of service fees paid. Domain registration or other third-party
charges are not refundable.
- Service Cancellations - Subscribers may cancel their service at any
time. They incur charges at the beginning of each service month. Refunds
will be made for each entire month of unused service. Subscriber must notify
us via E-mail of their desire to cancel service and they should receive a
confirmation message from us (via E-mail) that their request to cancel
service was received. If a credit or other charge is disputed, customer may
be required to produce a copy of our cancellation confirmation message which
includes all date/time/subject/to/from headers to validate their claim. In
the event a prepaid account is cancelled, the invoice will be recalculated
and any full or partially used months will be charged the full rate. The
remaining balance will be refunded.
- Service Changes - The subscriber may change increase/reduce their level
of service at any time. The charges incurred during a month will be based on
the highest level of service in effect during that month. If a
subscriber downgrades service more than once a $30 service charge will be
applied to cover administrative overhead. Billing may be
changed to a monthly basis when usage exceeds normal service limits, i.e.
high data transfer rates.
- High Usage/ Load Limits - Please notify us in advance of any high usage
patterns, e.g. more than 1000 email messages/month or 50 in any day, more than 1 Gigabyte in
web traffic, or heavy CGI use. We reserve the right to notify the subscriber of
an immediate rate change based on their particular usage patterns. In
some cases an immediate payment may be required to maintain service. We
reserve the right to immediately suspend service to a site, or modify site
files, when unusual/high usage patterns occur. We will notify you via E-mail
if this occurs.
- Content - Sites with "adult" material are NOT hosted.
"Warez"
sites (pirated software for download) are also not hosted. While not exercising any editorial control over
individual web sites, messages or pages, the subscriber agrees the Software Workshop
may reject/cancel service based on overall content/theme. Please contact
us if you have any
questions.
- Unsolicated Email (SPAM) - Any domain hosted at TheBook is
prohibited from sending unsolicited E-mail, or
"spamming". This includes :
- Sending SPAM with a "Reply-To:" or "From:"
address which includes a domain hosted by TheBook.Com.
- Sending SPAM through our mail server mail1.thebook.com.
- Sending SPAM which contains a URL to a website hosted by TheBook.Com
- Posting SPAM to any USENET newsgroup which contains ANY reference to a
domain hosted by TheBook.com.
- The misuse by other spam sources of a form/function at your website
which can be used by them to send SPAM, e.g. you have an old 'formmail.pl'
script which allows anyone to submit a TO address and send mail to anyone.
In general this covers sending ANY email to ANYONE where you have had no
prior contact. ALL SPAM complaints we receive are subject to a
service
charge averaging $60 PER INCIDENT which represents the time we
generally spend researching and answering these types of complaints. If you
have any questions, please contact us
in advance of any mailing.
SPAM Filtering - The Company requires that all email transiting any
of our servers must be filtered by anti-SPAM utilities that we provide.
Some of these utilities do give the subscriber some control over the amount
of checking done. A subscriber who sets filter settings at a level
where no or only a little filtering for SPAM is done can have their service
suspended immediately until the issue is resolved.
- Your Privacy & Our Email to You - Subscribers agrees to accept
email originating from The Company. We DO NOT give your
email address or other information to any third parties. Check our
Privacy Policy for full details.
- System SECURITY- Subscribers are ONLY allowed to access their files on our
servers. NO attempt is to be made to view/change other files, give system/network
monitoring commands, or to attempt login as another user. Any such suspected
violation, at the discretion of our staff, may result in immediate service termination, and NO refund for remaining
service. You are required to notify us in advance if you have any questions
about a planned action. Subscriber accepts that his/her activity and
files located on our systems may be monitored at a very detailed level by
our staff.
- Your Software SECURITY/Updates - Updates to any software on a
subscriber's web site are the sole responsibility of the subscriber. This
includes all software that is installed via our Site Control Panel. Our staff
will attempt to conduct updates to any Control Panel software (emphasis placed
on critical security upgrades) when feasible, but in some cases the
responsibility may be left up to the subscriber. The subscriber may conduct
the upgrade or contract with our staff (standard custom tech support rates of
$60/hour may apply).
If there are known security exploits with any software running on a
subscriber's web site, the subscriber will be asked to upgrade the product. If
such software poses a threat to overall system security, staff may disable the
product at our discretion.
- Use of any information provided via this service is at the subscribers own
risk. The Software Workshop makes no warranties of any kind, whether express
or implied, including any implied warranty of merchantability or fitness of
this service for a particular purpose. The Software Workshop takes no responsibility
for any damages suffered by the customer, including, but not
limited to: loss of data from delays, nondeliveries, misdeliveries, or
service interruptions or cut-offs caused by the Software Workshop's own
negligence or customer errors and/or omissions.
- The service will only be used for lawful purposes. Transmission of any
materials in violation of any local, state, or Federal regulations is
prohibited. While not exercising any editorial control over individual
messages or pages, the subscriber agrees the Software Workshop may
reject/cancel service based on overall content/theme. Demeaning,
harassing, or
obscene messages communicated to our service staff in any manner may result in
immediate service termination. Subscriber agrees
to hold harmless and indemnify the Software Workshop for any claims
resulting from Subscribers use of this service.
- Subscriber agrees that any legal actions will be according to the rules of
and located within the State of New York, Onondaga County.
- The Software Workshop reserves the right to change the above terms and
conditions by notifying the subscriber by E-mail notice at least 30 days in
advance and by updating the terms & conditions agreements at the web
site: http://www.thebook.com/terms.html. Continued use of the service after
the effective date constitutes acceptance by the subscriber of the new
terms.
- If any part of this agreement is held to be contrary to law, the remaining
provisions will remain in full force and effect.
Last Page Update:
12/20/06
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