WOB TOS as of 10/23/2011
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WOB TOS as of 10/23/2011 Expand / Collapse
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Posted 10/23/2011 3:36:26 PM
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Specific changes to the TOS will be detailed in the following post.

General Information

  • Service is provided by White Oak Travel Services, Inc. - Incorporated in the State of Colorado.
  • White Oak Travel Services, Inc. is also known as: WhiteOakBooks and WOBBookSite.
  • White Oak Travel Services, Inc. will be referred to as WOB in this document.
  • WOB leases servers and services from JodoHost.com.
  • WOB links to 3rd parties: Paypal.com, mals-e.com and Amazon.com.
  • WOB attempts to adhere to all Terms of Service of the linked to 3rd parties.
  • Upon request and if possible, WOB will modify the software if those 3rd parties request it.
  • The ability to link to 3rd party companies is not guaranteed.
  • If WOB is not able to link to 3rd party companies WOB will not refund past payments for service.
  • WOB provides a standard service to all users of the service.  If custom programming or actions is requested WOB will charge the user a standard rate of $30/hour.  It is at WOBs discretion on if the user will be charged and the exact hourly rate that will be charged.  WOB will receive the users agreement that they will be charged for custom programming and what the hourly rate will be before performing any billable actions although WOB will not be able to specify the total amount until the billable action is complete.
  • These TOS are dated: 10/23/2011.
  • These TOS are retroactive to service provided prior to that date.
  • These TOS are posted on mb.WhiteOakBooks.com
  • Notification of changes to the TOS will be posted on your website control panel.
  • Email notification will be given if WOB deems significant changes where made to the TOS.


General Terms of Service

  • You are not buying Software... you are leasing it as a service.
  • You are not buying a Website... you are paying WOB to provide tools and services to display your website.
  • The WOB service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of your ability, fitness for a particular purpose or non-infringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the service will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. WOB and its officers, shareholders, employees and agents, shall not be liable, under any circumstances for any loss of business, profits or goodwill, loss of use of data, interruption of business, or for any damages of any character that result in any way from your use or inability to use the WOB service, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the service. WOBs liability to you shall not, for any reason, exceed the aggregate payments actually made by you to WOB.
  • You agree not to download or disassemble WOB software.
  • We do not guarantee there will not be errors displaying your data.
  • WOB will not hold any liability for any damages your business may suffer as a result of the website.
  • WOB does not guarantee uninterrupted service.
  • If the website is not available for 48 continuous hours because of hardware, JodoHost network, or software issues WOB will refund the monthly fee prorated daily for every 24 hours the website is not available. The amount of refund will never exceed the payments you have made within the billing period.
  • Either side can cancel the service with no penalty. The service will stop at the end of the current paid for month cycle. 
  • If you have paid for service past the end of the month and WOB cancels your service you will be refunded the prorated amount of unused service.
  • If you have paid for service past the end of the month and YOU cancel the service it is at WOBs discretion on if you will be refunded the prorated amount of unused service.
  • If you are in violation of these TOS or perform actions that WOB deems harmful to WOB or its partners WOB reserves the right to immediately cancel your service with no refund for unused service given.
  • You agree not to resell or assign or otherwise transfer your rights or obligations under the User Agreement without the express written authorization of WOB.

Backups

  • Your inventory and some seller data are stored in various JodoHost database on JodoHost's database servers.  Jodohost backs up those servers nightly.  In the event of data loss from hardware failure, software errors, or user error WOB will attempt to restore the data from the backup.   Neither WOB or Jodohost.com guarantee that the restoration will either be successful or timely.
  • It is expected that the user of the WOB services will have the ability to upload new inventory in the event of a data loss without the intervention of WOB.
  • Email settings and sent/received email are not backed up.  It is expected the user can re-setup all accounts without the intervention of WOB.

If you use the cp.wobbooksite.com control panel. (hSphere)

·        JodoHost.com backs up the servers nightly.  In the event of data loss from hardware failure, software errors, or user error WOB will attempt to restore the data from the backup.   Neither WOB or Jodohost.com guarantee that the restoration will either be successful or timely.

·        It is expected that the user of the WOB services will have the ability to re images and recreate the website look and feel and settings in the event of a data loss without the intervention of WOB.

·        User uploaded images (though WOBs control panel) are stored in the images and bookimages (covers) directories under your active domain.  General website settings are stored in the data directory under your active domain.  You have access to these directories through standard FTP to perform you own backups.

If you use the control panel using the 8443 port through your domain name or our direct IPs. ( Plesk )

·        We backup your of General website settings nightly.  They are first backed up to the web server then downloaded to a WOB computer.  Uploaded images ( excluding cover images) are backed up weekly. In the event of data loss from hardware failure, software errors, or user error WOB will attempt to restore the data from the backup.   Neither WOB or Jodohost.com guarantee that the restoration will either be successful or timely.

·        The Plesk control panel has backup ability that you can use.  The standard backup method is to the server.  If you have access to FTP data storage you can back up a non-WOB server.

·        It is expected that the user of the WOB services will have the ability to re images and recreate the website look and feel and settings in the event of a data loss without the intervention of WOB.

·        User uploaded images (though WOBs control panel) are stored in the images and bookimages (covers) directories under your active domain.  General website settings are stored in the data directory under your active domain.  You have access to these directories through standard FTP to perform you own backups.


Hosting/Website Terms of Service

  • You will not take input of credit card information on your website. ( this excludes 3rd party payment processes your site links to)
  • We do not guarantee there will not be errors displaying your data.
  • You assert that you have the legal right to all data, content and images your provide and display on the website.
  • You retain all rights to the data, content and images your provide and display on the website.
  • You retain all liability that results from the data, content and images your provide and display on the website.
  • If your service is canceled for any reason the data, content and images your provide permanently deleted off our servers.
  • Any attempt to cause harm or undermine WOB software or JodoHost's servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.
    Prohibited uses of the Services also include, but are not restricted to:
    1. Use of IRC, bots or clients
    2. Unsolicited Bulk Emailing
    3. Newsgroup spamming
    4. Hosting, promoting or linking to pornographic content
    5. Illegal Content
    6. Copyright infringement
    7. Trademark infringement
    8. Hosting and linking to pirated computer software and music.
    9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
    10. Hosting or linking to computer software that may be used for spamming (know as spamware)
    11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
    12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
    13. Providing/Promoting material about exploitation of children under the age of 18
    14. We do not allow any spyware, chat software on our Windows VPS servers.

Support

 

  • WOB offers support through our forums: mb.whiteoakbooks.com
  • WOB offers no guaranteed response time for support issues.
  • WOB determines the priority of support issues.

 

Email Terms of Service

  • WOB agrees to provide you with a Web-based mailbox (with POP/SMTP access) to send and receive email along with an address book for storing contact information.
  • While total disk space is fixed there is no limit on emails sent/received. WOB reserves the right to limit email if WOB feels the service is being abused.
  • WOB assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner email messages.
  • If your service is canceled for any reason emails and other content in your account will be permanently deleted.
  • WOB will not monitor, edit or disclose the contents of your email with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on WOB; (2) protect and defend the rights or property of WOB or its customers; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.
  • If you request support on your email account it might be necessary for WOB to access your mailbox and emails.
  • You, not WOB, are entirely responsible for all content that you upload, post or otherwise transmit via Email.
  • You agree not to use Email to engage in or assist or encourage others to engage in illegal, harassing or abusive conduct.
  • We are required to investigate any complaints of SPAM (unsolicited bulk e-mail).
  • Any email that we deem not to be protected under the CAN-SPAM Act of 2003 can result in your email account being suspended.

 

Post #1130
Posted 10/23/2011 3:39:46 PM
Forum Member

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Group: Administrators
Last Login: 6/24/2015 11:16:46 AM
Posts: 630, Visits: 2,623
Summary of changes from previous TOS:

General Information

  • WOB provides a standard service to all users of the service.  If custom programming or actions is requested WOB will charge the user a standard rate of $30/hour.  It is at WOBs discretion on if the user will be charged and the exact hourly rate that will be charged.  WOB will receive the users agreement that they will be charged for custom programming and what the hourly rate will be before performing any billable actions although WOB will not be able to specify the total amount until the billable action is complete. ADDED
  • These TOS are dated: 10/23/2011. Modified

General Terms of Service

  • The WOB service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of your ability, fitness for a particular purpose or non-infringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the service will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. WOB and its officers, shareholders, employees and agents, shall not be liable, under any circumstances for any loss of business, profits or goodwill, loss of use of data, interruption of business, or for any damages of any character that result in any way from your use or inability to use the WOB service, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the service. WOBs liability to you shall not, for any reason, exceed the aggregate payments actually made by you to WOB.ADDED
  • Either side can cancel the service with no penalty. The service will stop at the end of the current paid for month cycle.   Modified
  • If you have paid for service past the end of the month and WOB cancels your service you will be refunded the prorated amount of unused service.ADDED
  • If you have paid for service past the end of the month and YOU cancel the service it is at WOBs discretion on if you will be refunded the prorated amount of unused service.ADDED
  • If you are in violation of these TOS or perform actions that WOB deems harmful to WOB or its partners WOB reserves the right to immediately cancel your service with no refund for unused service given. ADDED
  • You agree not to resell or assign or otherwise transfer your rights or obligations under the User Agreement without the express written authorization of WOB.ADDED

BackupsADDED

  • Your inventory and some seller data are stored in various JodoHost database on JodoHost's database servers.  Jodohost backs up those servers nightly.  In the event of data loss from hardware failure, software errors, or user error WOB will attempt to restore the data from the backup.   Neither WOB or Jodohost.com guarantee that the restoration will either be successful or timely.
  • It is expected that the user of the WOB services will have the ability to upload new inventory in the event of a data loss without the intervention of WOB.
  • Email settings and sent/received email are not backed up.  It is expected the user can re-setup all accounts without the intervention of WOB.

If you use the cp.wobbooksite.com control panel. (hSphere)

·        JodoHost.com backs up the servers nightly.  In the event of data loss from hardware failure, software errors, or user error WOB will attempt to restore the data from the backup.   Neither WOB or Jodohost.com guarantee that the restoration will either be successful or timely.

·        It is expected that the user of the WOB services will have the ability to re images and recreate the website look and feel and settings in the event of a data loss without the intervention of WOB.

·        User uploaded images (though WOBs control panel) are stored in the images and bookimages (covers) directories under your active domain.  General website settings are stored in the data directory under your active domain.  You have access to these directories through standard FTP to perform you own backups.

If you use the control panel using the 8443 port through your domain name or our direct IPs. ( Plesk )

·        We backup your of General website settings nightly.  They are first backed up to the web server then downloaded to a WOB computer.  Uploaded images ( excluding cover images) are backed up weekly. In the event of data loss from hardware failure, software errors, or user error WOB will attempt to restore the data from the backup.   Neither WOB or Jodohost.com guarantee that the restoration will either be successful or timely.

·        The Plesk control panel has backup ability that you can use.  The standard backup method is to the server.  If you have access to FTP data storage you can back up a non-WOB server.

·        It is expected that the user of the WOB services will have the ability to re images and recreate the website look and feel and settings in the event of a data loss without the intervention of WOB.

·        User uploaded images (though WOBs control panel) are stored in the images and bookimages (covers) directories under your active domain.  General website settings are stored in the data directory under your active domain.  You have access to these directories through standard FTP to perform you own backups.

 

SupportADDED

 

  • WOB offers support through our forums: mb.whiteoakbooks.com
  • WOB offers no guaranteed response time for support issues.
  • WOB determines the priority of support issues.
Post #1131
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