I. General Description of Agreement

A. What This Agreement Covers

(i) Definitions

"Subscriber" means any person or business entity that (a) downloads, attempts to download, or otherwise utilizes any uniform resource locator (URL) resource that resides entirely upon a server owned/operated by HughesBilling.com; (b) any person or entity that transmits electronic mail, files, or other data transmission into any network owned/operated by HughesBilling.com; (c) and person or business entity linked to a URL resource owned/operated by HughesBilling.com; and (d) any person or entity that contacts HughesBilling.com through the use of any telecommunications network.

"HBS" means HughesBilling.com Services.

This Agreement between you, Subscriber and HBS governs the use, download, and storage of any HBS website ("Site/URL"), including the sending of any electronic mail communication into the HBS network, and use of any HBS resources ("Service(s)" authorizing HBS to charge your credit/debit card and/or checking account. These Services permit Subscribers to perform a number of interactive functions through the use of a personal computer.

B. Accepting the Agreement

When you use any of the Services described in this Agreement, or authorize others to use them, you agree to the terms and conditions of the entire Agreement.

C. Relation to Other Agreements (for web site owners)

Your use of the HBS Gateway Services with your merchant account may also be affected by other agreements between you and HBS.  When you use, download, and store any HBS website material, you do not change the agreements you already have with HBS. For example, when you use HBS Gateway Services to allow your customers to purchase a subscription with their credit card or electronic check, you do so under the terms and conditions for the particular service. (i.e.: HBS eCommerce Application). You should review those agreements for any applicable fees and for other restrictions, which might impact your use or cancellation of any other HBS Service(s). 

II. Description of the Services.

A. Services for Consumers:

HBS allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in any HBS Service, you must be at least 18 years of age; you must populate every field on every form presented to you with accurate data; you must have a valid email address; and you must agree to be bound by this Agreement and/or any other agreement governing your use of the Service and/or particular resource. Your failure to populate every field may result in your waiver of certain rights under this Agreement, or other agreements.

1) Credit/Debit Card Authorization:

By submitting your credit/debit card ("Bank Card") data to the HBS Gateway, you authorize HBS in its complete discretion to submit a financial transaction(s) to your issuing bank for settlement. You agree that once HBS has approved or declined your transaction, HBS has fully performed under the terms of this Agreement.

You agree to contact HBS in the event that you desire to cancel any recurring charge, prior to the next billing cycle. Should you fail to contact HBS, you agree to indemnify and hold HBS harmless from any losses or damages that you suffer as a result of a recurring charge.  HBS may be contacted at: CustomerService@HughesBilling.com or by writing to ...

Hughes Billing
18640 Mack Avenue
P.O. Box 36967
Grosse Pointe Farms, MI 48236

If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact HBS within the below time periods. Upon proper notification, HBS, in its sole discretion may issue a credit to your Bank Card:

• United States Issued Bank Cards Within 120 days of the transaction.
• International Issued Bank Cards Within 180 days of the transaction.

2) ACH (Electronic Checking) Debit Authorization

By submitting your checking account data to HBS, you authorize HBS in its complete discretion to submit a financial transaction(s) to your depository bank for settlement. You agree that once HBS has approved or declined your transaction, HBS has fully performed under the terms of this Agreement.

You agree to contact HBS in the event that you desire to cancel any recurring charge, prior to the next billing cycle. Should you fail to contact HBS, you agree to indemnify and hold HBS harmless from any losses or damages that you suffer as a result of a recurring charge.  HBS may be contacted at: CustomerService@HughesBilling.com or by writing to ...

Hughes Billing
18640 Mack Avenue
P.O. Box 36967
Grosse Pointe Farms, MI 48236

If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact HBS immediately.

III. Intellectual Property

A. Online Copyright Infringement Liability Limitation Act.

Your acceptance of this Agreement, and use of any HBS Service requires that you abide by the Copyright laws of the United States and the members of the Berne Convention. This being the case, we demand that you use due diligence when purchasing content, or creating your own. You should have available for inspection any license, or model release.  Any web site publisher shall be in FULL COMPLIANCE with the United States Code Title 18, Section 2257 .

HBS does not initiate the transmission of any copyrighted material, other than that HBS owns. The transmission or routing of financial communications through the HBS Service is purely an automatic and technical process. HBS does not select any recipient of any copyrighted material, except as an automatic response to a request for works HBS owns the copyright to. No copyrighted material, other than that owned by HBS passes through the HBS system. HBS never modifies any copyrighted material other than its own.

HBS has adopted, implimented, and published a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our system who infringe copyright. The determination and classification of an infringer," is in our complete discretion.

If you believe that HBS is hyperlinked to a website that is infringing upon your copyrighted works, you may send a notice to the following email address; CustomerService@HughesBilling.com or by writing to ...

Hughesware Computer Services, LLC.
18640 Mack Avenue
P.O. Box 36967
Grosse Pointe Farms, MI 48236

Your notice should include the following:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

In appropriate circumstances, and in HBS's reasonable discretion, HBS shall expeditiously disable access to the interactive service.

B. The Lanham Act

HBS does not tolerate, and will not provide its Service to any Subscriber that is committing acts constituting trademark infringement, unfair competition, or any other violation under the Lanham Act, or state or foreign trademark laws.

HBS reserves the right, in its complete discretion, to cancel a contract, or disable processing for any Subscriber in the event that HBS believes that the Subscriber is committing acts of trademark infringement.

C. Child Pornography

HBS will not tolerate or support in any way the sales of any type of child pornography whatsoever.  Any web site publisher shall be in FULL COMPLIANCE with the United States Code Title 18, Section 2257 to prove the legal age of all models.  HBS reserves the right to IMMEDIATELY CANCEL any web site publisher or site owner's account if the web site publisher or site owner is found to be soliciting child pornography of any kind.  All models shall be over the legal age of 18 years old.  HBS reserves the right to require legal proof of any of the models age at any time.  Any suspicion of underage models or non compliance of United States Code Title 18, Section 2257 may result in immediate termination of services to the web site owner without any advance notification until the matter has been resolved.

IV. Subscriber Accounts, Passwords, and Security

Some interactive resources provided to you require a username and password scheme. You are responsible for maintaining the confidentiality and security of your username password, and you are fully responsible for any activity that occurs under your password or account. You agree to immediately notify HBS of any unauthorized use of your password or account, and ensure that you properly log-off any session that requests resources protected by secure hardware/software schemes. HBS shall not be liable for any loss or damages arising from your failure to comply with this section IV.

V. Subscriber Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, movies, videos, messages, or other materials, ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. This means that HBS is not responsible for any online activity. You understand that some of the Content may be offensive, indecent, or objectionable. Under no circumstances, will HBS be liable in any manner for any Content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any Content.

You agree not to use any HBS Service to:

• upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, or harassing;
• harm minors in any manner;
• impersonate any person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or junk mail;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code;
• disrupt the normal flow of data or otherwise interfere with any data communications;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the SEC, NASDAQ, FTC, FBI, or other federal or state agency;
• stalk, or otherwise harass another; or
• collect, or store personal data about other subscribers, without first establishing and enforcing a privacy policy with at least as much protections as the HBS Privacy Policy.

HBS has no obligation to monitor the Content.. However, HBS reserves the right to review Content and decide as to whether HBS is interested in the provision of Services in connection with said Content. HBS reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

HBS reserves the right at all times to disclose any information as HBS deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifiable information about yourself or your children in any non-HBS controlled environment. HBS does not control or endorse the Content, messages or information found in any resource, other than those controlled by HBS and, therefore, HBS specifically disclaims any liability with regard to the Content and any actions resulting from your use thereof.

VI. Software

All Content and software (if any) that is made available to view and/or download in connection with the HBS Site/Service/Software, excluding content and/or software that may be made available by end-users through a non-HBS controlled resource, is owned by and is the copyrighted work of HughesBilling.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Site/Service/Software is governed by the terms of this Agreement, as well as the agreement connected to any HBS Service. You may not install or use any Site/Service/Software unless you first agree to this Agreement, as well as the agreement connected to the particular HBS Site/Service/Software.

HBS grants to you, the Subscriber, a revocable personal, non-transferable license to use the Site/Service/Software as detailed in this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Site/Service/Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Site/Service/Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Site/Service/Software, directly or indirectly, to any countries that are subject to USA export restrictions.

VII. Liability Disclaimer

THE INFORMATION, SITE/SERVICE/SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE HBS SITES/SERVICE/SOFTWARE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HBS SITE/SERVICE/SOFTWARE AND TO THE INFORMATION THEREIN. HughesBilling.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HBS SITE/SERVICE/SOFTWARE AT ANY TIME. ADVICE RECEIVED VIA THE HBS SITE/SERVICE/SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HughesBilling.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE HBS SITE/SERVICE/SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HBS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT HBS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN HBS SITES/SERVICE/SOFTWARE. YOU SPECIFICALLY AGREE THAT HBS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HBS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN HBS SITES/SERVICE/SOFTWARE BY ANY THIRD PARTY.

IN NO EVENT SHALL HBS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HBS SITES/SERVICE/SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE HBS SITES/SERVICE/SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SITES/SERVICE/SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE HBS SITES/SERVICE/SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE HBS SITES/SERVICE/SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HBS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HBS SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HBS SITES/SERVICE/SOFTWARE.

VIII. Termination/Access Restriction

HBS reserves the right, in its sole discretion, to terminate your access to any or all HBS Site/Service/Software and the related services or any portion thereof at any time, without notice.

HBS may also terminate or suspend your access to HBS Site/Service/Software for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by HBS. Upon termination of the HBS Site/Service/Software, your right to use the HBS Site/Service/Software immediately ceases.

HBS shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

IX. No Spam

HBS will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay HBS liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay HBS's actual damages, to the extent such actual damages can be reasonably calculated. Such payment may be deducted directly from any monies owed to you from HBS.

X. General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HBS as a result of this agreement or use of the HBS Sites/Services. You agree to indemnify and hold HBS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the HBS Site/Service/Software. HBS reserves the right to disclose any personal information about you or your use of the HBS Sites/Services, including its contents, without your prior permission if HBS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of HBS or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. HBS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HBS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HBS Sites/Services or information provided to or gathered by HBS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HBS with respect to the HBS Site/Service/Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HBS with respect to the HBS Site/Service/Software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright © 2002 HughesBilling.com