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This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") has been put together to provide you with a complete and comprehensive set of policies that bind us as the hosting server services provider, and you, our Customer.
PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, AND OUR PRIVACY STATEMENT.
If you have questions about this Agreement, our Acceptable Use Policy (AUP) or our Privacy Statement, please contact us.
Terms of Service
1. This service Agreement is between fielddailies.com (hereinafter "we," "our," or "us") and you, our Customer (hereinafter "Customer," "you" or "your").
2. Fielddailies.com., as your field data hosting service provider, will supply Customer with a shared field data hosting solution according to the specifics of your plan, along with various services you select for processing your field data, as indicated on our Web site (hereinafter "Services").
3. You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
4. This Agreement represents the entire agreement between you and fielddailiescom., and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by fielddailies.com or written agreement by an authorized officer of fielddailies.com (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
5. Any of the terms, prices or services offered can be amended, modified or updated by fielddailies.com at any time.
Customer Responsibility
1. Customer is responsible for maintaining the confidentiality of login and billing information. Fielddailies.com is not liable for any account disputes that may arise between various parties holding account login information. Fielddailies.com is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer.
2. Customer is responsible for updating and maintaining contact and billing information with fielddailies.com. Any changes to the Customer contact information must be made by contacting our Support Team. Customer is responsible for ensuring that fielddailies.com is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by fielddailies.com to maintain the account.
Payment Policies - General
1. Accounts will not be activated or reactivated without prior payment.
2. All storage server fees are due on or before the due date of the renewing account.
3. Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
4. Any losses or expenses experienced by the Customer, due to actions taken by fielddailies.com in response to Customer non-payment, are not the responsibility of fielddailies.com
Payment Policies - Payment Processing
1. Fielddailies.com preferred method of payment is credit card.
2. By purchasing our Document Storage services, you are agreeing to allow fielddailies.com to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
3. You grant fielddailies.com permission to charge your credit card for any and all services you request, including, but not limited to, document storage.
4. If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
5. When an account is cancelled, all copies of the data files are permanently and irretrievably removed from our servers 30 days from cancellation.
6. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
7. If we make any refunds due to charges you dispute with your credit card company, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by fielddailies.com as a result of your dispute or charge-back request. We cannot guarantee any files will be available upon reactivation.
8. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
Cancellation Policy
1. You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement.
2. Fees for products and services are non-refundable, unless there is an express money-back guarantee.
3. If you do not wish to continue to use fielddailies.com or do not wish to renew, it is your responsibility to contact our Support Team to cancel your account. You will need to indicate when you would like to cancel the account.
4. If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team.
5. The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
6. If your account is cancelled for any reason, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded. If we are not able to do so, we will issue the refund in the form of a check.
7. You have ninety (90) days to dispute any charge or payment processed by fielddailies.com If you have a question concerning a charge you believe is incorrect, please contact us at info@fielddailies.com.
Platform Compatibility
1. Fielddailies.com strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warrant that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing fielddailies.com services through a PC running Windows 98 or higher, and using Microsoft Internet Explorer 5.0 or higher as a browser. We also recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and ISDN or broadband connections.
User Data
1. Pursuant to fielddailies.com Privacy Statement, fielddailies.com, will not disclose to third parties certain aggregate information contained in your signup or related data. Fielddailies.com will NOT disclose personally identifying information to third parties unless such disclosure is:
i. required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
ii. intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
iii. to enforce these Terms of Service or otherwise establish or exercise fielddailies.com legal rights or defense against legal claims; or
iv. otherwise provided for in the fielddailies.com Terms of Service or Privacy Policy.
Backup / Restore
1. Fielddailies.com does not maintain backup copies of Customer field data.
2. Fielddailies.com cannot guarantee that the contents of a FTP site or the E-forms will never be deleted or corrupted, or that a backup of a FTP site or the E-forms will always be available.
3. We ALWAYS recommend that Customers copy all content of a FTP site to a CD ROM to ensure the availability of the files.
Acceptance of Commercial Relationship and E-mail Communications
1. By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
2. From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Limitations of Liability
1. Fielddailies.com operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
2. We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
3. We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where fielddailies.com must use its best judgment on how to respond to opposing legal viewpoints.
4. FIELDDAILIES.COM, AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH FIELDDAILIES.COM IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FIELDDAILIES.COM
5. YOU AGREE THAT ALL ACCESS AND USE OF FIELDDAILIES.COM, AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL FIELDDAILIES.COM BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIELDDAILIES.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE
Miscellaneous
1. These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.
2. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of The State of North Carolina having jurisdiction over you. The Terms and the relationship between you and fielddailies.com shall be governed by and interpreted in accordance with the laws of The State of North Carolina, United States of America, without reference to its principles of conflicts of law.
3. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
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