flockNote Terms of Use

Aug 30, 2008

By using the FlockNote.com website or associated applications and tools you are agreeing to be bound by the following terms and conditions ("Terms of Use"). FlockNote, LLC ("We") reserves the right to update and change the Terms of Service from time to time without notice. Any new features that 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. The most current version of the flockNote Terms of Service can be viewed at any time at: http://www.flockNote.com/terms.php Violation of any of the Terms of Service will result in the termination of your Account. While FlockNote, LLC prohibits such conduct and Content on the Service, you understand and agree that FlockNote, LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be at least 13 years old (or have a parent or legal guardian's permission) to use this Service.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
By subscribing to any lists on flockNote you understand that the administrators (and only the administrators) of the flockNote Network associated with that list will have access to your contact and personal registration information (excluding your password).
Your login may only be used by one person - a single login shared by multiple people is not permitted.
You must be a human person. Accounts registered by "bots" or automated methods are not permitted.
It is your responsibility to maintain the security of your account and password. FlockNote, LLC can not and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all of your account activity and the Content posted under it.
You may not use the Service for any illegal or unauthorized purpose.

General Conditions

The service is provided on an "as is" and "as available" basis. Your use of the Service is at your sole risk.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any person will result in immediate account termination.
You must not use your account to "spam" or send out unreasonable amounts or types of messages to people.
You understand that FlockNote, LLC uses third party partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission given by FlockNote, LLC.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You expressly understand and agree that FlockNote, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility such damages could occur), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) conduct or statements of any third party on the service; (e) or any other matter relating to the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other FlockNote, LLC service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth, storage or server usage significantly exceeds the average bandwidth usage (as determined solely by FlockNote, LLC) of other flockNote customers, we reserve the right to immediately disable or impose restrictions upon your Account until the issue is resolved.
FlockNote, LLC does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected. But we will do our best to satisfy any reasonable request.
The failure of FlockNote, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FlockNote, LLC and govern your use of the Service, superceding any prior agreements between you and FlockNote, LLC (including, but not limited to, any prior versions of the Terms of Service).
Any questions about this agreement or Terms of Service should be directed to support at flockNote dot com.

Cancellation and Termination

You are solely responsible for properly canceling your account. This can be done from your "My Account" page at any time. If that is not possible, you must send an email to support at flockNote dot com (from your registered flockNote account email address) requesting cancellation of your account.
All of your Content and account information may be immediately and permanently deleted from the Service upon cancellation. This information may not be able to be recovered once your account is cancelled.
FlockNote, LLC does not accept any liability for loss of Content due to Account cancellation.
If you are a paying customer (i.e. a flockNote Network account administrator) and you cancel the Service before the end of your current paid period (month, year, etc.), your cancellation will take effect immediately and you will not be charged again. There will be no refund for any service time remaining in the current pay period.
We, in our sole discretion, have the right to terminate or suspend your account and refuse any or all current or future use of the Service, or any other FlockNote, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Payment, Refunds and Account Changes (Only applies to paying Network account administrators, not normal members)

A valid credit card is required for paying accounts (those launching their own flockNote network).
The Service is billed in advance on a monthly or annual 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. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties that apply to your situation.
Additional fees may be assessed (up to $50 for each occurrence) in the event of a credit card chargeback, especially if the chargeback is caused by the customer.

Modifications to the Service and Prices

Note: FlockNote is a FREE service for everyone except those who create their own flockNote Network. Subscribing, interacting with, participating in and becoming a member of the Network is totally FREE.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices for all Services, including but not limited to monthly or annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the flockNote Site (www.flockNote.com) or the Service itself.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you agree to allow others to view and share your Content upon participating in the Service.
The look and feel of the Service is copyright © 2008 FlockNote, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from FlockNote, LLC.

If you have any questions about these terms, please contact us at support at flockNote dot com.

(flockNote Privacy and Security Policy)