Terms of Service
Last Updated March 1, 2007
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:
- Free - personal and evaluation use
- Bronze
- Silver
- Gold
- Platinum
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
- Own Risk – All Account Holders agree to use the
Service at their own risk.
- You must provide your legal full name, a valid email
address, and any other required information to complete the signup
process.
- Age Restriction - All users must be 13 years or older to
use this Service and be a person. of Account Holders are allowed.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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
- A valid credit card is required for paying accounts. A
credit card is not required to create or use a free account.
- 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.
- 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.
- Downgrading your Service may cause the loss of Content,
features, or capacity of your Account. Honeypitch does not accept any
liability for such loss.
- If your monthly subscription charge is denied, we will
attempt to re-charge your Credit Card two times before suspending or
terminating your account.
- 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
- 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.
- 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.
- 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.
- 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.
- Honeypitch may refuse service to anyone for any reason at
any time.
- 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.