By accessing, browsing and/or using webpages or other digital content in this
site, you accept, without limitation or qualification, the following terms of
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
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
SECURITY. All forms that request personal information (name, address, email
address, etc.) are NOT secure and DO NOT provide encrypted transmission over the
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
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
EXTERNAL LINKS. Please note that pages of this site may be linked to other
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
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.
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
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
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
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
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.
PRE-PAID SERVICES. There are two circumstances under which we will refund
fees paid for pre-paid services: If a payment is made in error AND no service
has been rendered. or If services were clearly accepted with a deadline
at a rate of $200/hour (our only rate where a deadline is guaranteed) AND the
payment was made in a timely fashion so that the service could be completed
after the payment and before the deadline.
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
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.
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.
Furthermore: It is hereby agreed by all parties that unless a physical transaction occurred between the two parties, the transaction will be governed by the laws of the State of New York and the county of Cayuga and that any and all legal proceedings will both commence and be completed in Cayuga County of New York State.
Any account with PoundTeam Incorporated which has not been used for six months (has remained dormant) is subject to a $5 per month accounting fee.
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.
GENERAL LIABILITY. Poundteam Incorporated cannot be held responsible in any way for (or
be expected to resolve) 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.
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,
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 was 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). To be clear,
this statement expressly allows (as an example, not limited to:) the replacement of an exhorbitantly 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.
HARDWARE/SOFTWARE LIABILITY LIMITS. In no case will a credit be issued or liability established in excess of the immediate 30 days of prior service paid for by the client. 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 to such liability AND that agreement has resulted in
a 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. 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 the
moment that we no longer have sole control (physical and by remote access in any
manner) of the software and the hardware on which it runs. 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 charges are the sole responsibility of the purchaser.
We do not add fees to shipping costs except to directly recoup our costs. For
instance: if we must purchase a box or packing material, we will charge these
items to the client's account at cost. These fees are all optional to the client
if (in advance of shipping) the client supplies us with a Fedex account or UPS
account number that we can use for shipping or supplies us with a
pre-paid shipping label for the product. If the client has therefor pre-paid the
shipping with the carrier, we will ordinarily waive any packaging costs (at our
sole discretion, on a case by case basis). 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
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.