|
(1) TERMS
OF USE
The .BIZ
Tools™ web service is © by ActiveCommunity.com,
LLC
2003-2007 All rights reserved. This web service is
provided as is with no warranties expressed or implied
as to fitness of use for any particular purpose.
Archived functional runtime copies of customer web sites are
made available for your ownership and use should you
decide to host your site elsewhere. Please note that
runtime files are provided for your site, not proprietary
software code. Should you decide to re-locate your site
will function as before providing it meets the requirements of:
Active Server Pages, ASPUpload, ASPJpeg and the appropriate
space to store all your files. You will not be able to
edit your site, however, as the editing features require
software and components only available on our server.
ActiveCommunity.com, LLC is in no way responsible or liable
for the functioning of your software on another ISP
host; but we will aid clients as much as they allow us
to.
(2)
TIMELY
PAYMENT OF SERVICES
In order for small businesses to
run efficiently, timely payment of all hosting is required by
clients. Clients who do not pay their hosting bill on the
1st of every month will be charged a 15% extra charge upon
failure to pay on the 1st calendar month their dues for that
month, and 30% on the 2nd upon failure to pay on the 2nd
calendar day of that month. Thereafter, beginning with the
3rd calendar month, the client will owe the hosting cost as of
the 2nd, plus 50%, and the account will be cancelled on the 15th
of the month if not paid in full.
(3)
PRIVACY
POLICY
If you have questions or concerns regarding this policy,
contact: robert [AT] ActiveCommunity.com
Information Collection and Use
We collect information on this site. We will not sell, share, or
rent this information to others in ways different from what is
disclosed in this statement.
One of the most important pieces of information we record for
your security is your IP address, OCTETS, and routing from our
server to your computer for validation on your agreement to the
Terms of this Service and our Privacy Policy. We also
record the frequency of login and validate further through
updates.
We use email links throughout the site to allow you to contact
us directly with any questions or comments you may have. We read
every message and try to reply promptly. We use the information
collected to respond directly to your questions and comments. We
may also file your comments to improve the site or review and
discard the information.
The website includes a registration component where users can
sign up to have access to our applications. This registration
requires users provide us with personally identifiable
information such as name, title, email address, phone number as
well as answer some additional company related questions and to
agree with our Terms of Use in order to use.
Any information collected is
used to provide you with more detailed and customized
information regarding .BIZ Tools and other products offered.
Your information is not shared with third parties unless you
affirmatively agree to such disclosure.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may
need to disclose personal information when required by law
wherein we have a good-faith belief that such action is
necessary to comply with a current judicial proceeding, a court
order or legal process served on our Web site.
Cookies
Session cookies are used on this site in order to manage the
registration and login process. Information used only relates to
activity on the services. No additional data is captured
or used for any other purpose other than what has been stated
above.
Log Files
Like most standard Web site servers we use log files. This
includes internet protocol (IP) addresses, browser type,
internet service provider (ISP), referring/exit pages, platform
type, date/time stamp, and number of clicks to analyze trends,
administer the site, track user's movement in the aggregate, and
gather broad demographic information for aggregate use. IP
addresses, etc. are not linked to personally identifiable
information.
Links
Our Web site contains links to other sites. Please be aware that
we are not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our
site and to read the privacy statements of each and every Web
site that collects personally identifiable information. This
privacy statement applies solely to information collected by
this Web site.
Advertisement Acknowledgement
We require all our clients to display a credit that the web
site was produced and is hosted by us. There are 2 options
for this; (a) A text message can be place on the footer of the
home page or other convenient place with a link to our site, or
(b) A small well-designed logo will be placed on your site, and
in exchange for opting for the logo, we will include you in our
list of clients advertised on our home page.
Community Advertisement Opt-In
You will have the option to examine a "Neighbor hood grid"
of other ActiveCommunity™ sites. This grid comes in 2
forms; all sites, and sites that have a bibliographic (terms
used) analysis of your content so as to place similar sites only
in the grid that you may request to partner with an a
Advertisement exchange program. When you do this, a very
attractive and beautifully animated logo will be displayed on
each others sites. If you choose multiple neighbors they
will be displayed in shared time periodically.
Security
We do not request sensitive information (such as credit card
number and/or social security number) from our users. We
do however require recurring PayPal payments for you to pay for
your service, or will invoice you on a quarterly basis.
We take every precaution to protect our users' information.
The servers that store personally identifiable information are
in a secure environment running on Microsoft's latest versions
of SQL Server and Windows Server. Clients may, at any
time, request a backup copy of their database in XML form that
can be imported into other database systems.
If users have any questions about the security at our Web site,
users can send an email to
robert [AT]
ActiveCommunity.com.
Diskspace
You are responsible for any disk space amount per month that
exceeds the limit specified in your contractual agreement.
If your contractual agreement does not specify costs incurred by ActiveCommunity that are passed on to the user, then any
disk space your site uses that reaches an amount higher than the
reserved amount of 100 Megabytes, then the client is responsible for
additional Disk Space. The disk space on the
ActiveCommunity servers are of the highest quality and operate
in a high-speed clean-room environment. The current rates
are $1.50/month for each additional 10 megabytes of disk space, which
must be paid yearly to avoid double charges that occur by the
provider should the amount exceed it's space.
Bandwidth
You are responsible for any bandwidth amount per month that
exceeds the limit specified in your contractual agreement.
If your contractual agreement does not specify costs incurred by
ActiveCommunity that are passed on to the user, then any
bandwidth your site uses that reaches an amount higher than the
reserved amount of 5 GIGABYTES per month, then the client is responsible for
additional bandwidth. The current rates are $1.50/month
USD for each
additional 1 (one) Gigabytes of monthly bandwidth, which must be
paid yearly to avoid double charges that occur by the provider
should the amount exceed it's space. The bandwidth that
the host provides is not sub-standard bandwidth but the highest
quality bandwidth available through fiber trunk connection.
Client Planning for Disk space and Bandwidth
Clients will be provided with a secure URL to view their disk
usage and bandwidth reports on a monthly bases.
Because unplanned overruns
in disk usage and bandwidth cost ActiveCommunity.com double,
it's important to note growth and then add additional monthly
disk space and bandwidth. These additions will continue,
including their fees, until they are requested to be removed, in
which case the following months allotment and fees will be
lowered appropriately.
(4) PROPRIETARY SOFTWARE AND NON-DISCLOSURE
ActiveCommunity.com includes licensed software code, and
also proprietary software code. Any proprietary
software code is owned by ActiveCommunity.com, LLC Additionally,
proprietary ActionScript code included in the Flash source
codes is owned by ActiveCommunity.com. The compiled versions of Flash source code is
obfuscated to prevent reverse engineering which is prohibited
under the license of these terms. All functional HTML
pages, .SWF files, and Storage of information added to the site
will be provided to the user should they decide to host
elsewhere, or in the case of failing to pay their bill on time,
they may request it with a release statement. Runtime
requirements for the proprietary software will be provided in a Requirements.txt or Readme.txt file due to some functionality that
would no longer
be available due to movement to another server not containing
the .BIZ
Tools web service. ActiveCommunity.com, LLC
reserves the right to display any clients work that has been
viewed by the public, to potential clients, in order to
demonstrate our capabilities and maintain our portfolio of
quality work examples. The Client, however, does not have
the right to display the inner workings of the .BIZ Tools
screens after their login and clicking the "YES I AGREE TO TERMS
OF SERVICE" Button. Additionally, because of the
nature of the proprietary software, any intended provision by
the customer to use a 3rd party Flash or FLEX software developer
must be disclosed to ActiveCommunity.com for security reasons.
Supplemental code to the customers site by any Flash or FLEX
Action Script developer must involve a Non-Disclosure agreement
to ActiveCommunity.com, to ensure the Flash or FLEX Action
Script developer is integrated with ActiveCommunity.com to
improve the customers site, and not working to discover the CART
or CONTENT Web Services inner workings. All Action Script,
Flash and FLEX coding provided by 3rd parties that are to be
integrated into the customers site, must be delivered to
ActiveCommunity.com for integration.
(5) NOT
RESPONSIBLE FOR LOST REVENUE
In addition to other clauses in these Terms of Service
protecting ActiveCommunity.com, LLC, it is to be made
explicitly clear that we are in no way, by any means,
responsible for lost revenue from Wholesalers,
Wholesaler fraud, expected site visitation, or any other
marketing and/or business activity related to your site.
EXPLICIT DISCLAIMER: This web service is provided as is with no
warranties expressed or implied as to fitness of use for any
particular purpose. When you logged into the service your agreement
to the Terms of Service was validated. ActiveCommunity.com,
LLC reserves the right to refuse or terminate
business services for any right it deems necessary, including and
not limited to improper content, spamming, copyright infringement,
dishonesty and not providing information that unduly effects the
payment of services of either the .BIZ Tools service or the .BIZ
Inventory Automation project. ActiveCommunity.com, LLC is not responsible
for functioning of your archived site provided on termination.
We explicitly reserve the right to change our Terms of Service
Policy which will container an Identification # at the top of
this document. Clients are therefore, always encouraged to
click the "TERMS OF SERVICE" before logging in to the Cart or
Content Web Services so they compare identification #'s and
re-read as necessary.
CRITICAL POINTS TO MAKE TO CLIENTS:
Client
do not own the Cart Web Service or Content Web Service
that is a part of .BIZ Tools, they pay for it as a Web
Service billed, monthly, quarterly or annually.
Clients DO NOT own source codes to our programming.
What we deliver are obfuscated .SWF files that complete
their function at runtime. Any attempt to reverse
engineer or unobfuscate an .SWF file will result in
immediate termination of service.
Clients DO OWN data in their database, but the data
only. At any time, the client may request a copy
of the data in their database and receive an XML file of
all tables and relational tables in the database.
This XML file is based on Universal Standards and can be
imported into all of the best and most popular database
system. If a client has a problem importing they
may contact SupportGroup [at] ActiveCommunity.com
Please note that the process of providing clients with
data is different in .BIZ Tools 1.0 than in .BIZ Tools
2.0
If clients choose to terminate service with us, or fail
to pay their costs, they are responsible for running any
new site they intend to operate on, according to a
Non-Disclosure and limited licensing agreement.
This agreement, among other things, specifies the
requirements of any new server the client wishes to move
to, and it also makes clear the Non-Disclosure of
information and the disclosure of programmers accessing
.SWF files, among other things.
Contact Information
If users have any questions or suggestions regarding our privacy
policy, please contact us at:
robert [AT]
ActiveCommunity.com
HAVING READ THESE TERMS CLICK HERE TO
RETURN TO LOGIN |
