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Website Terms of Use

Website Privacy Policy

Subpoena Policy

Refund Policy

Code Ownership

Dormant Accounts

Abandoned Equipment

Warranty / Liability

Shipping and Delivery


Website Terms of Use


By accessing, browsing and/or using webpages or other digital content in this site, you accept, without limitation or qualification, the following terms of use:

CONSENT. You agree that your use of the this website and any uses of any services or materials are subject to your agreement with all of these Terms of Use, Copyright Policy, and Privacy Policy. You agree that you will not violate any local, state, federal or international laws in using this website or accessing any Material on this website.

SITE ACCESS. We reserve the right to prohibit, restrict or discontinue your access to certain pages within the website or the entire website or any website which we provide or service in any way if you violate any terms of this agreement. We may modify these Terms of Use at any time without prior notice. The modified terms of use will be effective upon posting on our website. To remain in compliance, we suggest that you review the Terms of Use at each use of this site.

SECURITY. All forms that request personal information (name, address, email address, etc.) are NOT secure and DO NOT provide encrypted transmission over the Internet.

DISCLAIMER OF WARRANTY. MATERIALS, SERVICES AND OTHER INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” BY US FOR EDUCATIONAL/INFORMATIONAL PURPOSES ONLY. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON INFRINGEMENT. ALTHOUGH OUR CONTENT IS REVIEWED AND APPROVED BY US, WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT OPERATE OR CONTROL THE INTERNET AND THEREFORE WE DO NOT GUARANTEE THAT THE USE OF THIS WEBSITE WILL BE ERROR FREE OR FREE OF TECHNOLOGY DOWNTIMES OR UNAVAILABILITY.

YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THIS WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THIS SITE.

We also reserve the right to temporarily or permanently discontinue this site, any page, or any functionality on this website at any time and without notice.

LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES, AND PENALTIES IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THIS SITE OR CONNECTIVITY TO OR FROM THIS SITE TO ANY OTHER SITE.

GOVERNING LAW. You agree that any claim or dispute relating to the this website or your use or reliance on this website shall be construed in accordance with the laws of the State of Florida in the United States of America without regard to its conflict of laws provisions. The parties agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts located in Orange County, Florida. It is further agreed that each clause in this agreement is separate and if any individual clause, portion, or group of clauses is found to be unenforceable or illegal in any way, that clause or group of clauses or portion will be considered invalid and will not in any way invalidate any other clause or portion of group of clauses in this agreement. If an individual clause may be interpreted in two ways and one of the ways is illegal or unenforceable, then the way that is legal and/or enforceable shall be considered the correct interpretation of said clause.

USER NAME AND PASSWORD. In the event you access any Service requiring a User Name and Password, you are solely responsible for keeping such User Name and Password strictly confidential.

CHILDREN. Accept as otherwise indicated, We do not knowingly or intentionally collect personal information from persons under 18 years of age. The content of our website is directed at adults, and therefore this site is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for help in using this website.

INBOUND LINKS. You may not, under any circumstances, establish a link to the this website without our express written consent on our letterhead, signed by one of us, in advance of said linking activity, including but not limited to deep linking.

EXTERNAL LINKS. Please note that pages of this site may be linked to other sites which may have different terms of use. We do not own, control, manage, supervise, direct or otherwise have any involvement in the business or affairs of ay third party site. We are not responsible for the privacy practices or the content of the third party site. Once you link to another site, you are subject to the privacy policy of that site. We encourage you to be aware when you are leaving this site to read the privacy statements of each and every website that you visit before providing any personally identifiable information.

TRADEMARKS AND COPYRIGHTS. All trademarks, service marks, and logos or copyrights displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.


Website Privacy Policy


PERSONAL INFORMATION. A visitor can access and browse portions of our site at any time without providing any personal information. We do not collect information that would personally identify you unless you choose to provide it.

In addition, We do not share any personally identifiable information of any individual with any third party unrelated to us, except in situations where we must provide information for legal purposes or investigations, or if so directed by you specifically.

FORMS: Our website contains forms through which users may request information or supply feedback to us. In some cases, telephone numbers, email addresses or return addresses are required so that we can supply requested information to you, and in other cases, correct names and addresses are required to process credit card payments.

After you fill out a form, we may contact you with follow-up information (unless you have checked an "opt-out" box on the form). We do not provide any information supplied on our web forms to any outside organization for any reason (other than where we may be required to by law, or as necessary to process credit card information). We do not save this personal information for any other reason.

Surveys: Occasionally, we may survey visitors to our site. The information from these surveys is used in aggregate form to help us understand the needs of our visitors so that we can improve our site. We generally do not ask for information in surveys that would personally identify you. If we do request contact information for follow-up, you may decline to provide it. If survey respondents provide personal information (such as an email address) in a survey, it is shared only with those people who need to see it to respond to the question or request.

Email: "Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email. We will also never email you a clickable link to a logon screen from our site. If you get an email that appears to be from us with a clickable link to a logon screen, DO NOT LOG IN. The only way you should ever access any website's logon screen is by typing in the name of the site directly to your browser.

User Name and Password: In the event you access any Service requiring a User Name and Password, you are solely responsible for keeping such User Name and Password strictly confidential.

NON-PERSONAL INFORMATION: We collect non-personal information such as website usage, traffic patterns, site performance and related statistics based on our tracking of your visits to the website.

IP Addresses: The Web server automatically collects the IP (which stands for Internet Protocol) address of the computers that access our site. An IP address is a number that is assigned to your computer when you access the Internet. It is not truly personally identifiable information because many different individuals can access the Internet via the same computer. We use this information in aggregate form to understand how our site is being used and how we can better serve visitors. Please note that although such information is not personally identifiable, we can determine from an IP address a visitor's Internet Service Provider and the geographic location of his or her point of connectivity.

First Party Cookies: We collect information about visitors to our site using "first party cookies”, which are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser. Cookies are never associated with specific personal identities. First party cookies are distinct from third party cookies that they are created and directly served by the company hosting the website.

We use two types of “cookies” on this site: (1) We use persistent cookies to recognize a repeat visitor, enabling us the opportunity to offer the visitor a set of services or information requested in a previous visit. (2) We use session cookies to track a visitor's path through our site during a visit, to help us understand how people use our site. You can delete our cookies at any time. The "help" section, located on the toolbar of most browsers, will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether. Since cookies allow you to take full advantage of some of our website's best features, we recommend that you leave them turned on.

SECURITY OF YOUR INFORMATION: Please note that our forms are NOT encrypted to protect your privacy unless the form specifically states that it is. Please do not submit information that would cause you harm if released. Once the information is sent to our site, it is kept in secure databases where it is not available to users on the Internet. While we sometimes ask for credit card numbers or certain service transactions, and either pass them on to a credit card processing service or process them manually, we do not store credit card numbers online. When we request payment information such as credit cards, those forms are secure. Please verify that the "lock" appears on your web browser before continuing.

We periodically review and modify, where appropriate, our security policies and procedures. We use reasonable care to protect your personally identifiable and confidential information provided by you to our site. We have in place a security program that seeks to mitigate this risk substantially.

OWNERSHIP: All Materials are the sole and exclusive property of us unless otherwise noted, and you acquire no right, license, title or interest therein or thereto through the use of this website. In no event shall you modify, delete or change in any way any of our copyright or trademarks or other of our ownership designations or any Materials.

RIGHT TO USE AND RESTRICTIONS ON USE: You may only print one single copy of any of the materials on this site provided that such materials may only be reprinted for personal, non commercial use. Otherwise, reproduction of materials in any form is prohibited except with our prior written permission.

No edits or alterations to the material are permitted. Our copyright notice must not be removed from any material.

Reprint rights do not allow you to repackage, sell, resell, post on blogs or any other website, display, republish, reproduce, link or frame or store any material without expressed written permission.

For multiple copies of any material or other licensing arrangements or permissions to use any materials, please contact us directly via email or telephone. Verbal permission is not sufficient to allow permission to use any material on this site beyond what is listed in this agreement. Any further permission must be in advance and in writing. No one is authorized to give verbal permission to change this agreement in any way.


Subpoena Policy


PoundTeam's Privacy Policy prohibits the release of customer or account information or communications without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with a verified court order signed by the judge of a court with appropriate jurisdiction properly served on PoundTeam Incorporated.

Notice to Customer

Upon the receipt of a valid civil subpoena, PoundTeam will promptly notify the customer whose information is sought via e-mail or U.S. mail.

Fees for Subpoena Compliance

PoundTeam will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Checks should be made out to PoundTeam Incorporated. Payment can also be made by Credit Card or Paypal. Research will not begin and no services will be provided until your payment has Cleared.

PoundTeam's subpoena compliance costs are as follows (expect at least one week for research to begin):

Emergency costs (Research will begin as soon as possible, usually within 24 hours):


Refund Policy


PRE-PAID SERVICES. There are two circumstances under which we will refund fees paid for pre-paid services:
1. If a payment is made in error AND no service has been rendered.
2. If services were clearly accepted with a deadline at a minimum rate of $200/hour (our lowest rate where a deadline can be guaranteed upon request) AND the payment was made in a timely fashion so that the service could be completed after the payment and before the deadline AND access, if required to perform said service, was available as agreed.

SYSTEM PURCHASES. Refunds for system purchases are limited to misrepresentation. Verbal representations are not to be relied upon when making an order. A claim of misrepresentation must be accompanied by evidence of said misrepresentation.

EXCEPTIONS. If we choose to make an exception to this refund policy, we do not in any way give up our right to adhere to it in full in future occurrences even if the circumstances are identical.


Code Ownership and Licensing


Overriding rule: If the code we generate is a modification of previous code, and that codebase requires a specific license: It is assumed that the resulting code is published under the required license. Ordinarily, this does not inhibit PoundTeam Incorporated from entering into an agreement to delete our final product as long as the entire codebase is provided to the client (this is the definition of "Open Source": The client gets the code!)

Code ownership: All code created by PoundTeam Incorporated is owned by PoundTeam Incorporated unless there is a written agreement (agreed to by both parties) which states otherwise. This agreement will not be free, and failure to pay that fee constitutes cancellation of any such agreement.

Code licensing: All code created by PoundTeam Incorporated is published under the GNU GPL "Creative Commons" Attribution-ShareAlike 3.0 Unported license.

Code licensing options: Ordinarily pricing for these options may not be available until project completion, when there is a clear understanding of the depth of the code in question.


Chargeback/Reversal Policy


PoundTeam Incorporated does not charge customer credit cards directly. All charges are initiated by the client on our website. The only exception to this rule would be a card present transation or a mailed-in (signed) credit card form.

We store IP address, Name, Phone, and Email address for all clients. We do not store credit card number or expiration or card security codes. The credit card number is stored at our merchant processing service, but not anywhere in our systems. We are therefore incapable of charging a customer card without permission.

As such, if a customer wants to reverse a charge we require that we are notified before a chargeback is initiated to allow us the opportunity to resolve the problem without a chargeback. Our toll free number is listed on each statement to allow any client to contact us to resolve any questions they may have.

Our Refund policy is listed above and we are available by phone and email to discuss any such "challenges" before a chargeback process is initiated. While it is the right of any customer to initiate a chargeback at their discretion, it is then our right to charge a fee against that customer's account when that chargeback attempt occurs to recoup our administration and documentation costs involved in the chargeback process. We therefore reserve the right to charge a $35 fee for any chargeback attempt and an absolute minimum $100 fee to cover any and all administrative or legal costs for any such attempt which results in money being removed from our merchant-linked bank account or the maximum amount allowable by law if such a right is restricted.


Venue


It is hereby agreed by all parties that unless a physical transaction occurred directly between the two parties, the transaction will be governed by the laws of the State of Florida and the county of Polk and that any and all legal proceedings will both commence and be completed in Polk County of the state of Florida. If there was a direct physical transaction between the two parties, then the location of the two parties at the time of said transaction will be the venue for any and all legal proceedings.


Verbal Abuse of PoundTeam Incorporated Employees


PoundTeam Incorporated reserves the right to charge a minimum $100 fee if any client is found to have verbally abused a PoundTeam Incorporated Employee. Our intent is to remind those who do business with us that acting in a business-like manner is appreciated while descending into abusive behavior will not be tolerated. Our truly engaged and talented solution artists are our best asset and we treat them as such. If a client believes that they have not received our solution artist's best efforts, please let management know in writing (preferably in an email) so we may investigate the situation and find a resolution.

This fee is easily avoided easily avoided by maintaining a professional demeanor during any phone conversations with our staff.

Example situations that do not qualify as "complaint-worthy":

These are merely examples, there are many more (just as there are at any business). While we state clearly that these specific items are not "complaint-worthy", we also assert that none of them is grounds for verbal abuse of one of our employees. This is the basis for our fee.

What do we do with this fee? We give it directly to the employee. We believe this to be the best way to resolve the stressful situation created by an abuser.

While we have not yet charged a single client this fee, we reserve the right to do so at our discretion.


Dormant Accounts


Any account with PoundTeam Incorporated which has not been used for six months (has remained dormant) is subject to a $10 per month accounting fee.

Abandoned Equipment


Any equipment left in posession of PoundTeam Incorporated without any form of agreement for storage in writing (email, US Postal Mail or other form of written communication) will be charged a $10 per week per server fee against the owner's account for "warm storage". This fee will be used to maintain the equipment in essentially the same state it was when it was "online" with a valid hosting agreement, except without power or IP address (but still on the shelf, ready to be turned on and re-networked when monthly hosting is paid in full). If the client's account does not have enough funds to maintain "warm storage", the equipment will be moved to "cold storage". A server in cold storage may take several days to retrieve, reconnect and put back online. The fee for cold storage with no agreement in writing (and a positive balance account) is $10 per month per server, which covers PoundTeam's risk of loss and involuntary responsiblity to secure said equipment. If a written agreement exists, but the account does not have the funds to cover the agreement, the agreement becomes null and void and the standard cold storage weekly fee of $10 per month per server goes into effect. If an account has been negative for over 90 days and storage fees have not been paid, said equipment will be considered abandoned and will be used for spare parts to cover the storage fees. In this situation (equipment left in posession of PoundTeam with a negative balance account for over 90 days) said equipment will become property of PoundTeam Incorporated and disposed of at our sole discretion. This term applies regardless of the value of the server, the cost of the server, the value of the data that was on the server, etc. The data will be deleted, the parts will be harvested and the servers will be recycled to cover the cost of the storage without exception and without recourse by the owner if any account is left negative for 90 days or more. No employee, director or officer of PoundTeam Incorporated is authorized to make a verbal exception to this rule. Any requests to make an exception to this rule MUST BE IN WRITING and must be made before the account in question reaches 90 days.

Warranty / Liability


GENERAL LIABILITY. Poundteam Incorporated cannot be held responsible in any way for (or be expected to resolve problems or challenges with arise from) circumstances beyond our control (Including but not limited to such things as connectivity, changes in 3rd party software upon which our software may depend, etc.) and will not be expected to resolve those issues or issue refunds or expend funds to resolve those issues beyond our control. If it is possible for PoundTeam Incorporated to resolve such a conflict through production hours, those hours will be invoiced at the same rate as any other service.

DATA LIABILITY. All client data on all client systems is/are the responsibility of the client. Backup of data, the responsibility to initiate and/or request initiation, plus the responsibility of verifying said backups have occurred and are valid is the sole responsibility of the client. This includes backups stored (and paid for) on Poundteam Incorporated's equipment. Our servers are not designed or certified to be permanent storage for mission critical information. Unless client receives a statement that specifies (and pays for) "Guaranteed Storage Reliability", there will be NO recourse for lost data except return of 30 days storage fees if data is in fact lost. This policy applies whether client had direct access to the data in question or not.

HARDWARE/SOFTWARE LIABILITY. Regardless of the cause behind a specific failure of hardware or software, be it the result of a manufacturer/developer defect, wear and tear, power surge, or any other reason, Poundteam Incorporated will have no liability unless said failure is demonstrated to be directly caused by personnel of Poundteam Incorporated. This specifically excludes 3rd parties such as common carriers and subcontractors. In the case that a hardware or software failure was caused directly by Poundteam Incorporated personnel, the limit of the liability will be solely to repair/resolve the defect in the most reasonable method deemed appropriate by Poundteam Incorporated and will not include any data restoration services (see "DATA LIABILITY" above and "CODING ERRORS" below). To be clear, this statement expressly allows (as an example, not limited to:) the replacement of an overly expensive power supply (as determined by Poundteam Incorporated) with a standard power supply, even if the result is not "cosmetically pleasing" to the client, as long as the result is a working system. Additionally, in the case of a software/programming error see "CODING ERRORS" below. The ONLY exception to this rule is that a client may request deep testing and notify PoundTeam in writing in the project ticket's description field, on the first line, that deep testing (or other coding caution) is required and thus errors should not be billable. The reason behind this requirement is that deep testing takes extra time and costs more for those extra production hours. Most clients prefer not to spend the extra money for deep code testing, and as a rule we do not expend those dollars unless the client expressly requests that level of testing. In the event a client makes such a requirement a part of a project at the onset of the project, the sole requirement for PoundTeam will still be repair of the prepaid but broken code and/or recovery of the data deleted by said broken code from backups (for which the client is solely responsible to maintain). See "CODING ERRORS" below.

CODING ERRORS. In the event of a suspected coding error there are three possible scenarios:

HARDWARE/SOFTWARE LIABILITY LIMITS. In no case will a credit be issued or liability established in excess of either the immediate 30 days of prior service paid for by the client or the amount paid for the project or task in question (whichever is lower). Poundteam Incorporated will not be responsible for "Down Time" or any other form of incidental or miscellaneous damages unless there has been an express agreement in writing in the project/task ticket to such liability AND that agreement has resulted in a separate payment specifically for that level of service.

HARDWARE WARRANTY. Hardware warranties are issued by and honored by the Manufacturer of the hardware. We are not responsible for failed hardware under any circumstances unless we caused said hardware failure through direct action. All warranty repairs and returns must be handled through the manufacturer of the hardware. We will cooperate in any way that we reasonably can, but will not be held responsible for any lack of ability or timeliness of cooperation and if we deem it reasonable we may charge a fee at our sole discretion for any time or money spent to assist with warranty claims. This policy applies whether the hardware was acquired from Poundteam Incorporated or any other source.

SOFTWARE WARRANTY. Open Source software has no warranty of any kind, this includes software created or modified by Poundteam Incorporated. If we create software or modify existing software (whether Open Source or not), we warrant that it will work at the time we turn control of the software over to the client. We do not warrant that an estimate will provide completed software that i usable by the client. Failure to pay enough money to complete the software may result in partial and unusable software. The client will have the opportunity to test the software before acceptance. We do NOT warrant that it will perform in any way not specified during the order process. We do NOT warrant that it will continue to operate (without an existing maintenance contract specifying said software) beyond any particular period of time. If a client has purchased a Maintenance Contract from us to maintain software functionality and we find that the client or any third party has altered said software in any way, we may (at our sole discretion) cancel the contract and keep any pre-paid fees with no recourse for the client, or charge a fee to "recertify" the software's functionality and then charge above that fee any other amount as needed to repair any alterations to said software.

LIABILITY EXCEPTIONS. Any exception or offer to make an exception to these policies will not constitute an agreement until and unless said offer has been made by Poundteam, accepted by client and said acceptance acknowledged by Poundteam. Until final acknowledgement by Poundteam, any offer of an exception may be rescinded without recourse. Further, any prior exception will not constitute an expected future exception even if the future situation appears identical to the original.


Shipping and Delivery


Shipping and Delivery charges are the sole responsibility of the purchaser. We do not add fees to shipping costs except to directly recoup our costs IF we have a suitable box and are provided a prepaid shipping label With Insurance to stick on said box with no other involvement or deadlines. If we must purchase a box or packing material, we will charge these items to the client's account at cost. If we are involved in the shipping in any way beyond providing the box, dimensions, and weight, we charge a minimum $25 handling fee. Also, if we must drive to a shipping facility due to a short deadline at the request of the client, we will charge a trip fee to cover the courier cost which may include a profit for the courier.

Insurance is required for all shipments. Any damage during shipment must be resolved with the carrier. We will cooperate in any way that we can with any inquiry regarding shipping damage, but will not be held responsible for any action (or lack thereof) or decision (or lack thereof) of the carrier.