Terms of Service

Last Updated March 1, 2007
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Honeypitch reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You are agreeing to these terms and conditions if you have signed up for any plan including the free plans, paid plans, and beta accounts.

BY CLICKING THE "CREATE NEW HONEYPITCH ACCOUNT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF HONEYPITCH'S ONLINE SERVICE, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST ABANDON THE SIGNUP PROCESS AND MAY NOT USE THE SERVICE.

Welcome

As part of the Service, Honeypitch (and domains/sub-domains where Service is activated) will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Honeypitch website incorporated by reference herein, including but not limited to Honeypitch’s privacy and security policies.

The Service is offered in several editions:

Defined Terms

“Account" – Upon the provision of Required Account Information, the ability to use and administrate the Service in compliance with these Terms of Service. 

“Account Holder" – An Account Holder is a registered user who has registered to use the Honeypitch. An Account Holder may not be a “crawlers", “bots" or other automated form or technology. An Account Holder may be a single person or legal entity. An Account Holder may only sign up for and maintain one free account. 

“Required Account Information" –  Legal full name, a valid email address, and any other information required in order to complete the Account Holder sign up process. 

“Single Access" – One Account may only be used by a single Account Holder. 

“Content" – All files uploaded to your Account, including but not limited to, spreadsheets, documents, pictures. 

“Service" – The online application and technology that is made available via http://www.Honeypitch.com/

Account Terms

  1. Own Risk – All Account Holders agree to use the Service at their own risk.
  2. You must provide your legal full name, a valid email address, and any other required information to complete the signup process.
  3. Age Restriction - All users must be 13 years or older to use this Service and be a person. of Account Holders are allowed.
  4. Security Obligation – All Account Holders are responsible for maintaining the security of their account and password. Honeypitch cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. All Account Holders are responsible for all Content posted and activity that occurs under your account. Honeypitch cannot be responsible for the Content posted on the service.
  6. Account Holders retain all intellectual property rights to the Content they upload. Honeypitch may, but has no obligation to, remove Content and Accounts/Account Holders containing Content that Honeypitch determines in its sole discretion is/are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Account Holders are not permitted to use the Service for any illegal or unauthorized purpose(s). Account Holders must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, and applicable federal, state and local laws). All uses of the Service must comply with the CAN-SPAM Act.
  8. Honeypitch reserves the right to disable your account or limit bandwidth usage should your bandwidth consumption exceed 1 GB/month for free plans, 5 GB/month for bronze plans, 10 GB/month for silver plans, 15 GB/month for gold plans, and 20 GB/month for platinum plans.
  9. Any Violation of any of these Terms of Use will result in the termination of your Account as determined by Honeypitch in its sole discretion.
  10. Your login may only be used by one person – a single login shared by multiple people is not permitted. Any violation of this usage will result in termination of your Account(s).
  11. One person or legal entity may not maintain more than one free account. Any violation of this usage will result in termination of your Account(s).

Account Holders or other third parties agree that it shall not cause or permit the modification, disassembly, decompilation or reverse engineering of the Service or otherwise attempt to gain access to the source code of the Service. Account Holders or other third parties may not modify, adapt, translate or create derivative works based on all or any part of the Service.

Service Access

Account Holder is responsible for providing all hardware and Internet service necessary to gain access to and use the Service. Account Holder acknowledges that access to the Service are subject to reasonable scheduled downtimes. Account Holder further acknowledges that mechanical, telecommunications, or software failures controlled by third parties or the Account Holder may render the Service unavailable for periods of time.

Reservation of Rights

Honeypitch owns and shall retain all proprietary rights, including all copyright, patent, trade secret, trademark and all other intellectual property rights, in and to the Service, and any corrections, bug fixes, enhancements, or other modifications to the Service, whether made/suggested by an Account Holder, Partner, Honeypitch or any third party. Account Holder acknowledges that the use granted under this Agreement does not provide Account Holder with title to or ownership of the Service, but only a right of limited use under the terms and conditions of this Agreement. Customer shall keep the Applications free and clear of all claims, liens and encumbrances.

No Warranty

HONEYPITCH PROVIDES NO WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE OR SERVICES PROVIDED HEREIN, AND HONEYPITCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANIDNG ANYTHING TO THE CONTRARY, HONEYPITCH PROVIDES NO WARRANTY TO END ACCOUNT HOLDERS, PARTNERS OR OTHER THIRD PARTIES PURSUANT TO THIS AGREEMENT AND ANY REPRESENTATION TO THE CONTRARY SHALL BE NULL AND VOID. HONEYPITCH MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE AVAILABILITY OR UPTIME OF THE SERVICE.

Service and Pricing Changes

Honeypitch reserves the right at any time or from time to time to change, modify, delete or discontinue (either permanently or temporarily) the price (including increasing or decreasing), functionality and scope of the Service at is sole discretion. Such changes may be in whole or in part of the Service.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. A credit card is not required to create or use a free account.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  3. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Honeypitch does not accept any liability for such loss.
  5. If your monthly subscription charge is denied, we will attempt to re-charge your Credit Card two times before suspending or terminating your account.
  6. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account tab at the top of the screen. The Account screen provides a simple link to cancel your account.
  2. Your account and all of its Content will be deleted immediately upon your cancellation of the Service. This information cannot be recovered once your account is cancelled.
  3. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
  4. Honeypitch reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account.
  5. Honeypitch may refuse service to anyone for any reason at any time.
  6. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Corporate Office and Email

Thunk, Inc. 340 Bryant Street, Suite 206, San Francisco, CA 94107. Contact legal@honeypitch.com for any complaints to copyright, spam, terms of use, privacy, or violation of conduct issues.