|The User is prohibited from posting or transmitting to or from this Site (bondware.com) any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Bondware Customer Software & Hosting Terms of Service
Last updated: Wednesday, July 18, 2007
BONDWARE MONTHLY HOSTING
Bondware provides its service to you, subject to the following Service Terms, which may be updated by us from time to time without notice to you. When using Bondware’s services, you agree to the following terms. Further, you agree to review our terms of service at least monthly to ensure you are in compliance with any modifications. Bondware makes no guarantee about system uptime; however, our past experience has proven over 99% uptime.
DESCRIPTION OF SERVICE
Bondware’s Standard Monthly Service provides users with 200MB of space and 10GB of data transfer per month. Note: Other hosting packages exist with varying allotments of bandwidth and storage.
Storage space over the 200 MB allowance is billed at the rate of $4 per 100 MB per month. Data transfer (bandwidth) over the allowance is billed at the rate of $4 per GB per month.
You understand and agree that the Service is provided "AS-IS" and that Bondware assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings. Furthermore, all published Bondware pricing requires the Bondware branding information below the footer of your website. We reserve the right to change this verbiage as needed. Enterprise private labeling is available for additional monthly fees should you have the need to remove the standard Bondware branding. NOTE: BONDWARE RESERVES THE RIGHT TO CHANGE PRICES AS NEEDED WITHOUT FORMAL NOTICE. BONDWARE WILL ATTEMPT TO NOTIFY CUSTOMERS OF ANY SIGNIFICANT PRICE CHANGES WITH AS MUCH ADVANCED NOTICE AS POSSIBLE.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide accurate and complete billing information and (b) update your billing information if changes occur. If you provide any information that is inaccurate, Bondware has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
Your charges will show on your credit card statement as Bondware/Bondware. The credit card that you have provided will automatically be billed for the non-refundable setup fee. Bondware bills you at the beginning of each month for the monthly service fee. Your first month’s fee is due in full. The monthly fees will continue automatically until your Bondware Monthly Hosting account is canceled.
All fees paid at the beginning of the month are non-refundable, although there are no long term contracts and your website may be turned off at your request anytime, with no future billings, other than any potential overage charges prior to cancellation and any outstanding balances on the account.
All currency references are in U.S. dollars. Prices quoted for all services exclude all applicable taxes. Tennessee residences will be charged state sales tax, as required by law.
Your real name, address, and credit card number you provide here are only temporarily stored in our web system. Once your order is processed and your credit card is charged for the setup fee, your credit card information is deleted from our web based system. Credit card information required for monthly recurring fees are stored only in our secure back-end billing system.
YOU MUST PROVIDE ACCURATE BILLING INFORMATION IN ORDER TO RECEIVE THE SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ANY BILLING INFORMATION TO KEEP YOUR ACCOUNT CURRENT, (Such as a change in billing address, credit card number or expiration date).
IF YOU FAIL TO PROVIDE BONDWARE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT BONDWARE MAY CONTINUE CHARGING YOU FOR ANY SERVICES PROVIDED UNLESS YOU HAVE TERMINATED YOUR SERVICE (REQUESTED IN WRITING).
Your non-termination or continued use of the services reaffirms that Bondware is authorized to charge your credit card. Bondware may submit those charges for payment and you will be responsible for such charges. Your charges are payable in advance.
LATE CHARGE; COLLECTION COSTS
The amount due to Bondware for your services must be paid no later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by Bondware on your past due amounts. The late charge will be the lesser of 5% of the amount past due or $15 per month. Bondware reserves the right to refer your Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
CANCELLATION AND TERMINATION
If your credit card is invalid for any reason, charged back, or if Bondware does not receive payment, your account will be cancelled immediately. If you choose to cancel your account, your cancellation will take effect at the end of the billing cycle in which you cancelled. At the end of your billing cycle, your account will be terminated.
You agree that Bondware may, under certain circumstances and without prior notice, immediately terminate your Bondware account, and possibly even ban your Bondware membership. Cause for such termination shall include, but not be limited to:
- breaches or violations of the TOS,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service,
- unexpected technical issues or problems,
- extended periods of inactivity,
- forces of nature and
- use of an illegal, stolen, or fraudulent credit card. Bondware shall not be liable to you or any third-party for any termination of your account, any lost files, or access to the Service.
BONDWARE ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the content of your Bondware site, and you are fully responsible for all activities that occur under your Bondware site. With your site you will also find a user account preinstalled "Bondware Support". We require that this account remain active in ADMIN status on your site. On rare occasions we may audit sites to ensure compliance of conduct and use agreements. Additionally, this account is used for any site support should any issues arise or training be needed. If you have any questions about the use of this account, please let us know and we will be happy to further explain.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Bondware, are entirely responsible for all Content that you upload, post or transmit.
You agree to NOT use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Bondware Admin, Moderator, Merchant, Member or otherwise misrepresent your affiliation with any person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- "stalk" or otherwise harass another; or
- Collect or store personal data about other users illegally or without member agreement and/or permission.
Bondware acknowledges and agrees that with respect to Customer Content, Bondware may preserve Content and/or disclose Content only if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Bondware, its users and the public; and
- protect the rights and property of the customer, its employees, its agents, its affiliates, its members, their affiliates, users of the customer site and the public.
- You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
The customer agrees to indemnify Bondware, and hold Bondware harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
All information collected by or given to Bondware concerning the Customer, its members, staff and the users of the Customer Site belongs to the Customer, the member, staff or user whose information it is, not Bondware.
REVERSE ENGINEERING PROHIBITED
Unauthorized reverse engineering of the Software, whether for educational, fair use, or other reason is expressly forbidden. For the purposes of this document the term "reverse engineering" shall apply to any and all information obtained by such methods as decompiling, decrypting, trial and error, activity logging, or analysis of database design.
Upon request from customers and at customer's expense, Bondware will provide a full dump of all database tables and file data associated with a Bondware site. The customer agrees that the design of the database (schema) is the intellectual property of Bondware or it's third party developers. It can be used to port information such as member profiles and CMS content to other systems, but will not be used as the basis for creating commercial software that materially resembles Bondware in form or function.
OWNERSHIP AND ASSOCIATION SITE CONTENT
The Customer shall have sole and exclusive right of ownership of the Customer Site and other creative design work connected with the Customer Site, except for software and Content made by or obtained from Bondware.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BONDWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BONDWARE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BONDWARE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BONDWARE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BONDWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
NO SPAM; DAMAGES
Bondware may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Bondware liquidated damages of ten dollars (US $10.00) for each time a spam incident is traced to your Bondware account. Otherwise you agree to pay Bondware's actual damages, to the extent such actual damages can be reasonably calculated.
Please report any violations of the TOS to firstname.lastname@example.org.