TabSite Terms of Service
By using the tabsite.com website ("Service"), all services of Digital Hill Multimedia, Inc. ("Digital Hill"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Digital Hill 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.
Violation of any of the terms below will result in the termination of your Account. While Digital Hill prohibits such conduct and Content on the Service, you understand and agree that Digital Hill 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.
-You must be 13 years or older to use this Service.
-You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
-You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
-Your login may only be used by one person – a single login shared by multiple people is not permitted. Adding someone as an Admin to your TabSite for your fan page will allow other people to edit your TabSite if they have created a TabSite account.
-You are responsible for maintaining the security of your account and password. Digital Hill and TabSite cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
-You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
-If you are using a Free Trial or free account you are not permitted to block ads.
-You may not use the Service for any illegal, unlawful, or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
-You will not post content or take any action on TabSite that infringes or violates someone else's rights.
-You understand that TabSite is a subscription service.
PAYMENT, REFUNDS, UPGRADING, AND DOWNGRADING TERMS:
-A valid credit card is required for Free Trials and paying account subscriptions. Free Basic accounts are not required to provide a credit card number.
-An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
-The subscription service is billed in advance on a monthly or annual basis (depending on your service package plan chosen) and is non-refundable. Each subscription plan auto-renews unless you cancel in order to provide continuous and uninterrupted service. There will be NO REFUNDS or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. The free trial allows you to try TabSite prior to purchasing a paid version. Yearly renewals are sent a e-mail and a Facebook Notification at least 3 days before the annual renewal to remind them of the subscription.
-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, excluding only United States (federal or state) taxes.
-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. Digital Hill and TabSite does not accept any liability for such loss.
SPECIAL OFFER TERMS:
-TabSite may occasionally send out e-mail promotional offers. Offers are valid only for specific Facebook fan page noted.
-All offers have an expiration date. Typically this is 48 hours unless otherwise specified. TabSite is not responsible for any discrepancy in length of time an offer is valid. TabSite reserves the right to cancel any offer at any time.
-Offer valid only for continuously active TabSite accounts. If a TabSite Plan for a Facebook Page is terminated, downgraded or deleted during a Special Offer period or after offer has been activated, offer is immediately over and not renewable or valid.
CANCELLATION AND TERMINATION
-You are solely responsible for properly canceling your account within the TabSite Manager. 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 delete/cancel subscription option in your TabSite manager area. Every user has total access at all times to view their subscription plan renewal date. A cancellation must be completed before renewal. There are no pro-rated refunds. There will be a simple, no questions asked cancellation link.
-For all 14 Day Free Trial plans, you must enter your credit card and you must take action prior to the 14th day to change your plan type or cancel, or else your credit card will be billed. You will be notified 3 days before the end of the trial via e-mail of the trial's pending end. TabSite and Digital Hill cannot and will not be held responsible for whether you get the e-mail or not. You must go to the TabSite Manager and cancel the trial or change your plan to free, or your card will be billed. There are no refunds of any kind for users failing to take action at the end of their free trial.
-All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
-If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. As noted there are no partial month payments and no refunds.
-TabSite and Digital Hill, at their sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the TabSite Service, or any other Digital Hill 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. Digital Hill reserves the right to refuse service to anyone for any reason at any time.
CHARGEBACKS AND CREDIT CARD DISPUTES
-The customer agrees not to dispute the processing fee or TabSite Plan charges. If customer is questioning any charge on their credit card, please send an email to TabSite customer service at support@TabSite.com before disputing the charge with the credit card company. If the customer attempts a chargeback on a TabSite plan fee that meets the terms and conditions outlined here, the customer agrees to refund the full amount of the chargeback plus a 50% penalty for the inconvenience and accounting fee. In cases where the customer attempts a fraudulent chargeback, the customer will be responsible for legal and collection costs in order to recoup the potential loss imposed by the customer.
Modifications to the Service and Prices
-TabSite and Digital Hill 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 of all Services, including but not limited to monthly 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 TabSite Site (Facebooktabsite.com or TabSite.com) or the Service itself.
-TabSite and Digital Hill 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
-All content posted on the Service must comply with U.S. copyright law.
-We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
-TabSite and Digital Hill does not pre-screen Content, but have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
-The look and feel of the Service is copyright©2012 Digital Hill. 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 TabSite or Digital Hill.
-YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE OWNERSHIP, RESULTS AND PERFORMANCE OF THE SERVICE(S) IS ASSUMED BY YOU. SHOULD THE SOFTWARE APPLICATION(S) PROVE DEFECTIVE, YOU (AND NOT DEVELOPER OR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR AGENTS WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
-Technical support is only provided to paying account holders of TabSite and to White Label account creators and is only available via email.
-You understand that TabSite and Digital Hill use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run 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, Digital Hill, or any other Digital Hill 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 by TabSite or Digital Hill.
-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.
-Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Digital Hill customer, employee, member, or officer will result in immediate account termination.
-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 upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
-You must not transmit any worms or viruses or any code of a destructive nature.
-If your bandwidth usage exceeds the limit of your chosen package, or significantly exceeds the average bandwidth usage (as determined solely by Digital Hill) of other FaceBook TabSite customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
-TabSite and Digital Hill does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
-Due to the nature of our Service(s) integration with Facebook and the services provided thereby, we are subject to the rules, policies and technology of Facebook, and its sole determination of how to interpret and apply those rules and policies. We are not affiliated with Facebook and it is possible that Facebook may change its rules, policies and technologies so that the Software Application(s) no longer functions in the same manner or at all. We make no warranty that Facebook will not take such action. In the event of such changes, if commercially and reasonably practical (in our determination), we will attempt to update or revise the Service(s) so as to provide the same or substantially similar functionality as provided before such changes.
-You expressly understand and agree that Digital Hill 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 Digital Hill has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. Additionally, if our servers or the servers of third party providers fail or become corrupt, we may lose and be unable to retrieve data you have submitted via the Software Application. We will not be held responsible for lost data. You are urged to maintain copies of all content submitted by you for your own protection.
-You acknowledge and agree that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the Service(s) are and shall remain with TabSite and Digital Hill. You are acquiring only the right to use the Service(s) under these outlined terms and you are not acquiring any ownership rights or title in or to the Service(s) or any copy thereof, including without limitation in or to any copyright or other proprietary rights in the Service(s), either express or implied.
-The failure of TabSite or Digital Hill 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 Digital Hill and govern your use of the Service, superceding any prior agreements between you and TabSite or Digital Hill (including, but not limited to, any prior versions of the Terms of Service).
-Questions about the Terms of Service should be sent to support(at)tabsite(dot)com.