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By enrolling in the service (the "Service"), an individual becomes
a "Member" and a "Client" and agrees to be bound by the terms and
provisions of this "Membership Agreement".
The Member agrees to and accepts the terms and conditions of each of the paragraphs below:
1. The Member represents that he/she has read and agrees to all of the terms of this Membership Agreement. The Member warrants and represents that he/she (i) is over 18 years of age, (ii) is using a valid US bank account, and (iii) is authorized to use the bank account as stated in this Membership Agreement.
2. The following transactions, fees and charges may be incurred by the Member:
a) Trial subscription fee: Member is aware and agrees that the trial subscription fee is a promotional subscription fee (an amount less than the regular subscription fee ) and that the Member's checking account will be billed the full subscription fee at the end of the promotional period and then periodically in accordance with the then-current billing terms for the membership (s).
b) Regular subscription fees: The Member is responsible for paying periodic subscription fees according to the then-current billing terms of each site. Members may cancel their membership at any time by giving at least 72 hours notice to the Service Provider. Notice needs to be provided in ample time to cancel recurring billings. Member's username and password will remain valid until the then-current membership period has expired, unless otherwise requested. Cancellation will prevent future billing of recurring membership fees. Initial sales are final.
c) Micro debit / credit. Member authorizes Service Provider to periodically perform a micro debit / credit to Members bank account to aid in validation and as a velocity control. Micro debit / credits are for amounts under one dollar.
d) Canadian ACH transactions: The Member is responsible for paying US dollar-denominated pricing in Canadian dollars when using a Canadian bank account to make purchases via the Service Provider. Member agrees that a currency exchange conversion at Service Provider's discretion. Member understands and agrees that all pricing is reflected in US dollars. Member agrees to bear any burden of changes in exchange rates on recurring transactions.
3. Member agrees that the Service Provider has the right to (i) change hours of service at any time and (ii) terminate the Service to any member without cause or prior notice. The Service Provider may also terminate the Service to any Member in response to a breach of this Membership Agreement by the Member. NO refund will be provided to a Member when Service Provider terminates Service to a Member.
4. Unless and until this Membership Agreement is cancelled in accordance with the terms hereof, Member hereby authorizes the Service Provider to debit Member's checking and or savings account, as indicated by the Member, to pay the subscription fees and any other ongoing cost of membership. Member's membership may not be assigned or transferred to any other person or entity. Member must promptly inform the Service Provider of the following: (i) changes to the account information used in connection with this agreement; (ii) changes in home or billing address(es); and (iii) apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the Service Provider is notified by electronic or conventional mail of such a breach of security, the Member will remain liable for any unauthorized use of his/her membership. The Service Provider disclaims and the Member agrees to indemnify and hold the Service Provider harmless from any and all damage or loss arising from a breach of security.
5. Payment Methods.
Member authorizes single and/or recurring payments to be made (a) thought the use of the ACH network, and (b) through the use of a paper draft.
(a) ACH Authorization: If your payments are made by ACH/electronic debit you agree to the following: Recurring payments will be made automatically on or after the completion of the initial period relating to your first payment. The authority you give Service Provider to charge your account with an ACH debit will remain in effect until you notify us as required in the CANCELLATIONS section of the Terms and Conditions. If the amount of your payment changes, we will notify you at least 10 days before payment date using the e-mail address we have on file. Should your payment be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations. Returned items such as NSF (insufficient funds), bank account closed, invalid account number, etc. are subject up to a $25 dollar handling fee, payable to Service Provider which may (i) be electronically debited through the ACH network for collection, (ii) processed through the banking system as a paper draft or (iii) passed on to a collection agency.
(b) Paper Draft: If your payments are made by paper draft you agree to the following: Recurring payments will be made automatically on or after the completion of the initial period relating to your first payment. You authorize Service Provider to print paper drafts in your name made payable to Service Provider. This authority will remain in effect until you notify us as required in the CANCELLATIONS section of the Terms and Conditions. Should your paper draft be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations. Drafts returned for NSF (insufficient funds), account closed, invalid account number, or any other return reason are subject up to a $25 dollar handling fee, payable to Service Provider which may (i) be electronically debited through the ACH network for collection, (ii) processed through the banking system as a paper draft or (iii) passed on to a collection agency.
(c) Pre-notifications: Service Provider will attempt to validate Member's bank account by sending a pre-notification to the Member's bank or financial institution in advance of an actual debit. Member's who sign up for free trials and cancel their membership before the free trial converts to a paid subscription are still subject up to a $25 handling fee if the pre-notification is returned indicating that the bank account information the Member provided is invalid or fraudulent.
The Member's subscription will automatically renew for an additional subscription period upon expiration of the then current subscription unless otherwise mutually agreed to in advance. This includes any trial memberships that automatically renew to a regular monthly membership unless stated otherwise. The Member's failure to pay all amounts owed to Service Provider may result in the following: (i) imposition of all additional Service Provider charges and/or damages allowed under applicable law, (ii) assignment of the Member's account to a third party collection agency to pursue collection of all amounts owed, and (iii) pursuit by the Service Provider of any and all additional damages allowed under this Membership Agreement and at law or in equity. Notwithstanding anything else contained herein and in addition to all other remedies available to Service Provider hereunder, at law or in equity, Customer shall be liable to Service Provider for: (i) all costs associated with collecting the amounts due to Service Provider, including attorneys' fees, and (ii) interest on amounts due to Service Provider which shall accrue at the lower of the rate of 10% or the maximum rate allowed by law from the date such amounts are originally due, or in the case of a dishonored or returned electronic debit, from the date of dishonor or return.
PASSWORD AND ACCESS PROBLEMS
6.THE MEMBER MAY NOT BE ABLE TO ACCESS HIS/HER SELECTED SITE WITH THE MEMBER'S CURRENT USERNAME AND PASSWORD BECAUSE OF ONE OF THESE COMMON REASONS:
1: THE MEMBER'S ACH DEBIT WAS REJECTED
2: THE MEMBER'S BANK ACCOUNT OR CHECK EXPERIENCED PROBLEMS
3: THE MEMBER DID NOT USE CASE SENSITIVE CHARACTERS
4: THE MEMBER FAILED TO ACTIVATE HIS/HER ACCOUNT
5: THE MEMBER'S PASSWORD WAS DELETED BECAUSE OF OVERUSE OR MISUSE AND NEEDS TO BE REISSUED
6: THE MEMBER COULD HAVE MIS-INPUT A ZERO FOR THE LETTER "O"
7: THE MEMBER COULD HAVE MIS-INPUT THE NUMBER "1" FOR THE LETTERS "I" OR "L"
8: THE MEMBER'S "CAPS LOCK" KEY MIGHT HAVE BEEN ENGAGED
9: THE SERVICE PROVIDER COULD NOT CONFIRM THE MEMBER?S STATUS WITH THE LIMITED DATA GIVEN.
TO RETRIEVE A USERNAME/PASSWORD COMBINATION THAT THE MEMBER HAS FORGOTTEN, THE MEMBER CAN USE THE PASSWORD UTILITY.
IF THE MEMBER'S PASSWORD HAS BEEN DELETED INADVERTENTLY, DO NOT PANIC! THIS IS AN UNCOMMON PROBLEM. THE MEMBER SHOULD CONTACT A SUPPORT REPRESENTATIVE WHO WILL ASSIST THE MEMBER AND ADJUST THE MEMBER?S ACCOUNT. THE MEMBER MAY CONTACT THE WEBMASTER OF THE WEB SITE THAT THE MEMBER JOINED OR SUPPORT DEPARTMENT. THE WEBMASTER?S EMAIL ADDRESS CAN BE FOUND ON THE WEBSITE THAT THE MEMBER JOINED. THE MEMBER SHOULD BE PREPARED TO PROVIDE THE FOLLOWING INFORMATION:
1: SITE NAME
2: ORDER NUMBER
3: MEMBER'S COMPLETE NAME
6: EMAIL ADDRESS
ONCE THE MEMBER'S STATUS AS AN ACTIVE MEMBER IS CONFIRMED, THE MEMBER'S CORRECT USERNAME AND PASSWORD WILL BE E-MAILED BACK TO THE MEMBER.
IF AFTER RECEIPT OF THE CORRECT USERNAME/PASSWORD COMBINATION, THE MEMBER STILL HAS DIFFICULTY ACCESSING THE SITE IN QUESTION, THE MEMBER SHOULD EMAIL THE SERVICE PROVIDER DIRECTLY AND THE SERVICE PROVIDER WILL INVESTIGATE THE PROBLEM.
THE SERVICE PROVIDER DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING DUE TO ERRORS AND/OR MALFUNCTIONS EXPERIENCED BY ANY PARTICULAR WEBSITE.
7.CANCELLATION PROCEDURES: PLEASE REVIEW "PASSWORD AND ACCESS PROBLEMS" BEFORE TAKING THESE MEASURES!
Canceling an account is very easy and the Member can do so at anytime. Members may cancel their membership at any time by giving at least 72 hours notice to the Service Provider. Notice needs to be provided in ample time for Service Provider to cancel recurring billings. Member's username and password will remain valid until the then-current membership period has expired unless otherwise requested. Cancellation will prevent future billing of recurring membership fees. Initial sales are final. In order to cancel an account automatically on-line, the Member should submit the
AUTO CANCELLATION FORM
This form will (i) deactivate the Member's billing cycle immediately and (ii) e-mail the Member an official CANCELLATION CONFIRMATION # and DEACTIVATION DATE with the appropriate terms and conditions of cancellation. This confirmation e-mail will serve as a guarantee of no further access or billing from the date indicated in the e-mail to the Member. The Member's username and password will remain valid until the end of the then-current membership period.
The Member should keep this confirmation e-mail handy and be prepared to e-mail to Service Provider all past correspondence with the Service Provider so that the Service Provider may better serve the Member. This will ensure better and faster service.
The Service Provider is not responsible for and shall not be liable for any loss arising due to a dispute concerning the Member's cancellation. It is the Member's responsibility to retain the confirmation of cancellation e-mail information described above.
Once the Member's access is terminated per the Service Provider's auto cancel program, the Member's billing cycle will also terminate.
The member's membership will be cancelled within 72 hours of the Service Provider's receipt of the Member's request for cancellation. This will ensure that adequate time is available to cancel said membership in the event that a customer Service Provider representative must assist you. Members are liable for all charges incurred by them until the termination of the Service. Initial sales are final.
8. DUPLICATE CHARGES: The Service Provider has attempted to eliminate all duplicate charges on the same day for the same site. The Service Provider is prepared to investigate duplicate billings and assist the Member in connection with such duplicate billings.
In order for the Service Provider to assist the Member with a duplicate billing, the Member should fax a copy of the Member's bank statement to 512-402-0151 and circle the disputed charges. Once the Service Provider confirms that the Member was, in fact, mistakenly charged, the Service Provider will immediately re-credit the bank account or issue a refund check. The Service Provider's financial obligation for duplicate charges does not exceed the actual dollar amount debited by Service Provider over a three (3) month period.
THE MEMBER SHOULD BE SURE THAT HE/SHE IS NOT ACTUALLY A MEMBER OF MORE THAN ONE SITE THAT CHARGES THE SAME AMOUNT ON THE SAME DAY BEFORE ADDRESSING THIS DUPLICATE CHARGE ISSUE WITH THE SERVICE PROVIDER.
The Member's fax to the Service Provider regarding a duplicate charge should contain the following information so that the Service Provider may process the request quickly and properly:
1. Copy of original receipt from the billing site
2. Copy of all relevant statements'be sure to circle the disputed charge(s)
3. The Member's e-mail address
4. The Member's snail mail address in case a refund check has to be mailed
5. Date or dates of duplicate charges on the same day
9. FRAUDULENT CHARGE - Any fraudulent charges that are reported to the Service Provider are immediately investigated . The bank account information contained within the fraud report may be blocked from use on other Internet sites. The Service Provider captures the IP address of each user in order to identify and locate the source where the transaction was initiated. The Service Provider cooperates fully with local and Federal authorities to help convict any person or persons involved in fraudulent or illegal activities.
Members agree to fax a copy of bank statements to 512-402-0151 and circle the alleged fraudulent charges. Once the Service Provider has investigated the fraudulent activity, the Service Provider will notify the Member of its' findings and provide information regarding what actions were taken. Service Provider is not responsible for any interruption in Service Provider in connection with any alleged or actual fraudulent charges. Service Provider is not responsible for any loss or damage arising in connection with any alleged or actual fraudulent charge.
10. The Member is familiar with and understands that all of the statements contained herein directly relate to the Member's term of contract with the Service Provider. The Member is familiar with and understands the standards and laws of the community in which the Member lives regarding electronic, Internet, and online commerce and its regulatory laws. In addition, the Member is familiar with and understands the standards and laws of the community in which the Member lives regarding explicit digital videotext media. The Member represents that, based on the Member's familiarity with these standards and laws of the community, by requesting and receiving any of the material on a specific site for which the Service Provider performs billing functions, the Member will not be violating any of these standards and/or laws. The Member understands that by accepting the terms of this Membership Agreement, the Member will indemnify and hold the Service Provider harmless from any responsibility, damage, and/or loss related to requesting, receiving or possessing any of the materials contained on any of the sites for which the Service Provider performs billing functions.
11. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of a Login and a password. Each Member must keep his password strictly confidential. The Member should remember his/her password and keep it handy and secure! For security reasons, the Service Provider will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service or receipt of Service with the use of a fraudulent account number is a breach of this Membership Agreement and a violation of the law, and will result in the termination of Member's membership.
12. Any liability of the Service including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the Member to the Service Provider for the preceding 3 months.
13. No warranty is made by the Service Provider regarding any information, service, or products provided through or in connection with the Service, and the Service Provider hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information, products, or services, or the legality of any content provided via the Service; and 2) any warranties of merchantability or fitness for a particular purpose.
14. All material displayed on the Service is the responsibility of the individual site within the Service Provider's commerce system. Any questions about said content should be addressed to the individual site where the material is located. All material on a specific site within the Service Provider's commerce system is property of and copyrighted by the individual site and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of the specific site's authorized management, unless otherwise clearly stated in this Membership Agreement. Service Provider is not responsible and shall not be held liable for any loss or damage arising from the content on any site for which Service Provider performs billing functions.
15. The material on the Service is for the private, non-commercial enjoyment of Members only. Any other use is prohibited.
16. Members agree not to engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service without prior written consent. Members are responsible for information they send or display through the Service even if a claim should arise after termination of Service. Service Provider is not responsible and shall not be held liable for any loss or damage arising from any advertising, solicitation or purchase or sale or products by any Member via the Service.
17. Notices by the Service Provider to Members may be given by means of electronic messages through the Service, by a general posting on the sites that the Service Provider does billing for, or by conventional mail. Notices by Members may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, or notices to the Service Provider by means of electronic message must be sent to email@example.com. All questions, complaints, or notices to the Service Provider by conventional mail must be sent to: WTS, P.O. Box 163032, Austin, Texas, 78716-3032.
18. The Member hereby warrants and represents that he/she is over the age of 18, and in all respects is qualified and competent to enter into this Membership Agreement.
19. This Agreement contains the entire agreement between the Member and the Service Provider regarding the use of the Service Provider and supersedes all prior written and oral understandings and writings and may only be amended upon notice by the Service Provider to Members. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. The Agreement shall be governed pursuant to the laws of the United States and the State of Texas. Exclusive venue for any dispute arising under this Membership Agreement shall be in the County of Travis, State of Texas.
Service Provider provides real-time ACH (electronic checking) transactions securely on the Internet. All financial information is kept strictly confidential and secure - we never rent or sell your e-mail address to any Service Provider. If you intend to defraud this Service Provider by using someone else's banking information, leave this site immediately. We will prosecute anyone committing, or attempting to commit bank fraud to the fullest extent of the law. Service Provider will report any misuse of banking information and members who fraudulently charge back billing to its FRAUD GUARD database. This database can prevent the use of this bank account on other Internet sites. Service Provider will hold abusers of site privileges criminally and punitively accountable for all fraudulent actions.
If you have any questions or comments, please email us or visit our Website.