Velocity Services Agreement
Last updated: January 2009
1. Acceptance of Terms
This is a contract between you and Velocity Services Corporation ("Velocity").
This contract applies to any Velocity sites, services (including pre-release
services) and software, including all updates, support, and content
(collectively the "Service"). By
registering to this site you are agreeing to the Terms of Service ("TOS") set forth in this
agreement; and also that you are at least 18 years of age or have attained the
age of majority where you live, and that all information you supply is true and
correct. These TOS may be updated by us from time to time, any updates will be noted on this page.
By using the Service you agree to any changes to the TOS. If you do not agree, do not use the Service.
Registration data and other data collected as part of your account are subject to our
3. Password and Account Security
As part of the Service, you will receive a password and account
designation upon completing the Service's registration process. You are
responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify Velocity of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Velocity cannot and will not be
liable for any loss or damage arising from your failure to comply with this
4. General Use of Service
In consideration of your use of the Service, you agree to use the them as
intended by Velocity, and to refrain from any misuse. Misuse of the Service includes but is not limited
to any action described in below, or that compromises the Service and/or any information contained therein. Misuse of the Service will be
prosecuted to the fullest extent of the law. You agree to not use the Service
a. upload, post, email or otherwise transmit any content, including but not
limited to e-mail communication, information, data, text, software, music,
sound, photographs, graphics, video, messages or other material ("Content"),
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Velocity
employee, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content, including but not limited to e-mail commentary,
transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
f. upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
h. upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
i. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
j. access, collect or store personal data about other users. You acknowledge
that Velocity and its designees shall have the right (but not the obligation) in
their sole discretion to refuse or remove any Content that is available via the
Service. Without limiting the foregoing, Velocity and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created or linked to by Velocity or submitted to
You acknowledge and agree that Velocity may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of Velocity, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
5. No Resale of the Service
The Service is provided for the use and enjoyment of visitors and registrants. You agree
not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
6. Velocity Webshots Use of Service
The Service should not be used outside of the methods specified within your
account or this TOS. Any misuse of the service will result in termination
of your account. You may use Velocity Webshots ("Webshots") to enhance or add-value to any
of your sites, documents, or other content, and any products, services, etc.
You may not resell, distribute, or attempt to distribute any Webshots or any
enhanced versions of Webshots without written consent of Velocity. These
attempts will be prosecuted to the fullest extent of the law.
7. Velocity Webshots Charges and Billing
This section applies in all situations in which you pay Velocity directly for
the Service. If you pay a company other than Velocity for a service, then the
charges and billing terms are as stated by that company.
- Payment Method. When you sign up for the service, you will provide a
payment method. You confirm that you are authorized to use the payment method.
You authorize us to charge you for the any usage of the service using your payment method
for this service while
this contract is in force.
- Usage. When you use the Service, every unique url per webshot service counts towards your usage for that billing cycle. Usage is check daily by our systems, any system issues or scheduled maintenance
may cause some delays.
- Billing Tiers. Your account is charged based on your usage.
This usage is broken into multiple levels called billing tiers. Each
billing tier has an associated cost that your account will be charged when your
usage exceeds a billing tier.
- Billing Cycle. Every 1st of the month starts a new billing cycle.
Every new billing cycle resets your usage count.
- Charges. You will always incur charges for the lowest billing tier
("tier-1") every billing cycle. Additional charges will be applied based
on your accumulated usage during that billing cycle. Multiple charges may
appear on your billing statement during a billing cycle. These charges
will reflect when your account exceeded the billing tier and the additional
charges applied, along with your balance for that billing cycle.
- New Accounts. When you register your account, you will be billed
for the initial tier-1 charge for the current billing cycle. If you do not
exceed the tier-1 usage during the initial billing cycle, your next billing
cycle will reflect a pro-rated credit for the initial billing cycle. It
will be equal to the number of days before your account registration date for
that initial billing period. If you exceed the tier-1 usage during the billing cycle, you will
not receive a pro-rated credit because your usage exceeded the initial billing
- Payments. Account balances are checked daily by our systems, any open
balances will be charged to your payment method for that billing cycle.
Multiple payments may appear on your billing statement during a billing cycle
depending on the charges from your usage. System issues or scheduled
maintenance may cause some delays.
- Payment Errors. We will attempt to notify you using your account
email for any payment errors. It is your responsiblity to keep all
payment information in your account accurate and current, including your billing address and any
expiration date for your payment method. You may change your payment
method at any time. In the event of a payment error the Service will be
suspended until your payment method is updated and your account balance can be
paid. If you tell us to stop using your payment method and do not
provide an alternative payment method, we will cancel your service. Your notice
to us will not affect charges we submit to your account before we
reasonably could act on your request.
- Trial Period Offers. You may receive a limited time of free service or
some other trial period offer. Unless we tell you otherwise, if you are
participating in any trial period offer, you must cancel the service by the end
of the trial period to avoid incurring charges. If you do not cancel your
service and we have told you that the service will automatically be converted
into a paid subscription at the end of the trial period, then you authorize us
to charge your payment method for the service.
- Prices and Price Increases. If there is a specific time length and price
for your service offer, then that price will remain in force for that time. When
the offer period ends, we will charge you a new price for that service. We may
change the price of the service from time to time, but we will give you at least
30 days notice before a new price takes effect. If you do not agree to the new
price, then you must cancel and stop using the service before the new price
takes effect. If your service is on a period basis (for example, monthly or
annually), then the new price will start on the date that we indicate.
- Refunds. All charges are non-refundable unless expressly stated
otherwise. The costs of any returns will be at
your expense, unless otherwise provided by law.
- Online Statement; Billing Errors. We will only provide you with an online billing
statement. This online statement can be accessed under your account at any
time. If we make an error on your bill, we will correct it promptly after
you tell us and we investigate the charge. You must tell us within 30 days after
an error first appears on your bill. If you do not tell us within this
time, we will not be required to correct the error. You release us from
all liability and claims of loss resulting from any error that you do not report
to us within 30 days after the error first appears on your online statement.
- Late Payments. Except to the extent prohibited by law, we may assess a
late charge if you do not pay on time regardless of any disputes you may have
raised about your bill. You must pay these late charges when we bill you for
them. The late charge will be the lesser of 1% of the unpaid amount each month
or the maximum rate that is permitted by law. We may use a third party to
collect past due amounts. You must pay for all reasonable costs we incur to
collect any past due amounts. These costs may include reasonable attorneys’ fees
and other legal fees and costs. We may suspend or cancel your service if you do
not pay in full and on time.
8. Service Disclaimer
We are constantly seeking to improve and enhance the Service. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject to the TOS. You also
understand and agree that the Service is provided on an AS IS and AS
AVAILABLE basis. Velocity disclaims all responsibility and liability for the
availability, timeliness, security or reliability of the Service. Velocity also
reserves the right to modify, suspend or discontinue any of the Service
with or without notice at any time and without any liability to you.
You agree to indemnify and hold Velocity, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, representatives and employees, harmless
from any claim or demand, including attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
You agree that Velocity, in its sole discretion, may terminate your password or use
of the Service, if Velocity believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Velocity may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice. Further,
you agree that Velocity shall not be liable to you or any third party for any
termination of your access to the Service.
11. Dealings with Advertisers and Merchants
Your correspondence or business dealings with, or participation in promotions
of, advertisers and/or merchants found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser and/or merchant. You agree that Velocity shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers and/or merchants found at the Service.
The Service may provide, or third parties may provide, references and/or links
to other World Wide Web sites or resources. Because Velocity has no control over such
sites and resources, you acknowledge and agree that Velocity is not responsible for
the availability of such external sites or resources, and does not endorse or
sponsor and is not responsible or liable for any TOS, Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that Velocity shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
13. Velocity Proprietary Rights
All proprietary rights in the Service and any necessary software used in
connection with the Service are owned or licensed
for use by Velocity. This Web site is owned and operated by Velocity and except as
otherwise specified, Velocity owns all materials appearing on this Web site,
including the text, site design, logos, graphics, and images, as well as the
selection, assembly and arrangement thereof. You acknowledge and agree that the
Service and Software contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or
information presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by Velocity or advertisers, you agree not to
copy, modify, rent, lease, loan, sell, distribute, display, perform or create
derivative works based on the Service or the Software, in whole or in part.
14. GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Velocity EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
b. Velocity MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. ANY INFORMATION, IDEA, AND/OR EXPRESSIONS PRESENTED IN ANY MEDIUM BECOMES
PROPERTY OF Velocity AND MAY BE USED AT ANY POINT IN TIME AS DEEMED FIT BY Velocity WITHOUT
NOTIFICATION TO YOU AND WITOUT LIABILITY.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Velocity OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Velocity 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 Velocity 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; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY
17. Trademark Information
All logos associated with Velocity and its services, products, web
sites, and service names are trademarks of Velocity (“Velocity Property”). Without Velocity prior
permission, you agree not to display or use in any manner, any of the Velocity
Property. Velocity respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact us.
18. General Information
The TOS, along with terms and conditions provided to registrants and clients
of Velocity, constitute the entire agreement between you and Velocity
and govern your use of the Service, superseding any prior agreements between
you and Velocity. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Velocity shall be governed by
the laws of the State of Virginia without regard to its conflict of law
provisions. You understand and agree that, except for the right of either party
to apply to a court of competent jurisdiction for a temporary restraining order
or preliminary injunction to preserve the status quo or prevent irreparable
harm pending the selection and confirmation of an arbitrator, any dispute
arising under or relating to these Terms and Conditions shall be resolved
through mediation and arbitration. You agree to first try to resolve the
dispute informally with the help of a mutually agreed upon mediator. If the
parties cannot agree on a mediator or fail to arrive at a mutually satisfactory
solution through mediation within 10 days following the commencement of such
mediation, the parties agree to submit their dispute to binding arbitration of
a single arbitrator in Stafford, VA according to the rules of the American
Arbitration Association. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or