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:
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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.
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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
4: USERNAME
5: PASSWORD
6: EMAIL ADDRESS
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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.
CANCELLATIONS
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.
DUPLICATE CHARGES
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:
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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
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FRAUDULENT CHARGES
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.
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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 protected] 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.