Terms of Service
  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
    Webaroonie, Inc. is operated under the Terms Of Service contained in this document (referred to as "Terms Of Service"). By completing the registration, sign-up form, and/or by the use of this site, you are indicating your agreement to be bound by all of the terms and conditions set forth below.

  2. DESCRIPTION OF SERVICE
    Webaroonie, Inc. is providing the community with the ability to communicate and collaborate through this site. Its Subscribers can share personally created ideas, graphics, and knowledge, and keep in contact with each other through the Webaroonie, Inc. and the Webaroonie Messaging System.

  3. BILLING AND PAYMENT
    Upon signing up with Webaroonie, all Subscribers are bound to one-month, three-month, six-month, or twelve-month contracts billed electronically to Subscriber's Webaroonie email address, unless secondary email address is provided to Webaroonie expressly for this purpose, and will receive a reoccurring invoice/statement on the date of which service was initially started, which will be the date Webaroonie entered the account into the subscriber database. Subscribers may submit any payment due Webaroonie ONLY to Webaroonie Corporate currently located at 3229 Catalpa Drive, Springfield, IL 62712 (217) 416-4563 and cannot submit such respects to any office, representative, or reseller of Webaroonie, Inc. Payments made online or by phone are considered payments to Webaroonie and are presently offered as a free service. Currently all subscribers have a 14 day grace period to remit payment for services billed at which point Webaroonie will suspend access to the service until payment is made in full. From the time service is temporarily disconnected to the time subscriber either makes a payment or cancels service, Subscriber is responsible for all fees incurred up to a maximum of 30 days plus all past due amounts. In the event of a delinquent account, Webaroonie will make one attempt to contact subscriber through the telephone number(s) on file provided by Subscriber to resolve debt, however Webaroonie is not required to do so, nor is Webaroonie required to send any notification via postal or electronic mail of any past due balance, billing errors, intent, or notification of transmittal of subscribers account to 3rd party collection agency, however Webaroonie may exercise the right to make such notifications. Webaroonie reserves the right to charge a $5.00 per month late fee which will be waived for continuing subscribership, and incurred upon account delinquency of 90 days. There will also be a $5.00 billing fee incurred on all accounts sent to collections. It is the subscribers sole responsibility to contact Webaroonie with any dispute, problem, or question regarding Webaroonie billing practices or subscribers billing statement (or lack thereof) within 90 days. A 90 day cut off period is set for billing error claims. Subscriber agrees that he/she has no rights to claim any billing errors for period earlier that 90 days from the date of the claim. All bills and charges are final after 90 days. Webaroonie reserves the right to change the billing date, service charges, grace periods, collection procedures, fees, and billing protocol at anytime without notice.

  4. CANCELLATIONS AND REFUNDS
    If a Webaroonie Subscriber wishes to cancel his or her service, written notice, mailed to 3229 Catalpa Drive, Springfield, IL 62712, or phone notice, with a Webaroonie service representative at (217)416-4563, is required at least thirty days prior to the date of cancellation, unless arranged in advance with Webaroonie. The account will remain active until the paid duration has expired. Violation of the Acceptable Use Policy forfeits any applicable refund. Refunds calculated based on the monthly rate. No refund for amounts less than $10.00. Webaroonie does not offer refunds for services not rendered, or prorated months. If Subscriber is due a refund due to Webaroonie payment processing error, user error, or discontinuance of Webaroonie service in Subscribers local calling area, ALL REFUND REQUESTS MUST BE IN WRITING via US Postal mail. No refund request will be honored after 90 days.
    Refund schedule after number of months used:
    1. Annual:
      • One - $81.45
      • Two - $67.50
      • Three - $53.55
      • Four - $39.60
      • Five - $25.65
      • Six - $11.70
      • Seven or more - no refund
    2. Semi-annual:
      • One - $45.75
      • Two - $31.80
      • Three - $17.85
      • Four or more- no refund
    3. Quarterly package
      • One - $21.90
      • Two or more - no refund
    4. Monthly package
      • No refund

  5. RETURNED CHECKS
    A $25.00 fee will be assessed for every returned check. If checks are returned more than once, payment will be required by cashiers check or money order only.

  6. COLLECTIONS
    Upon 90 day delinquency, all accounts are subject to collection activity. It is the sole discretion of Webaroonie to determine when the account is submitted to the agency and how long to allow internal collection activity. Once an account has been turned over to the collection agency, Webaroonie will have no further correspondence with Subscriber and all disputes are handled directly between Subscriber and assigned Collection Agency. If a dispute is received on an outside collection account, all billing and payment records are submitted to the Accounting department for a review to determine accuracy. All necessary adjustments are appended or deducted from the debt and the records are resubmitted to the Collection Agency. Webaroonie reserves the right to submit all contracts, agreements, payment records, email history, usage records, and correspondence tickets to the Collection Agency to assist with disputes.

  7. AUTOPAY
    Webaroonie offers Subscribers the option to have Subscribers' monthly balance deducted from a credit card or checking account given to Webaroonie by Subscriber via telephone. By signing up for Autopay, Subscriber accepts Autopay terms and authorizes Webaroonie to initiate debit entries to the credit card or checking account provided. Balances are debited along with past due amounts, late fees, returned check fees, or additional service fees requested by Subscriber. This authorization remains in full effect until Webaroonie has received written notification of its termination in such time and in such manner as to afford Webaroonie and Subscriber a reasonable opportunity to act upon it.

  8. SUBSCRIBER OBLIGATIONS
    You are solely responsible for the content of information you publish or display ("post") on the site or transmit to other Subscribers. You will not post or transmit to other Subscribers or to any Forums, Galleries, or any other portion of the site any item that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal, or any material that infringes or violates another's rights (including but not limited to intellectual property rights and rights of privacy and publicity). Posting of nude or violent photographs is strictly prohibited in the Forums. Personal attacks on current or past subscribers, vendors, administrators, moderators, or other web sites is strictly prohibited. Webaroonie, Inc. reserves the right, but has no obligation, to reject any "items" it deems unacceptable. You will not be involved in transmitting or posting any junk email or copyrighted material(s). Any activity which results in a denial of service to other Subscribers such as using off-line readers to cache the entire site is prohibited. Your usage of Webaroonie, Inc. must be in a manner consistent with all applicable state and federal laws and regulations in your area.

  9. PERSONAL WEBSPACE CONDUCT
    No depictions of sexual activity, arousal, suggestions of sexual intent involving any characters, props or scenes or any imagery including but not limited to children or animals.
    BDSM/Fetish/sexual/Pornographic/Hardcore and or violent graphic mature content "in any posting is NOT allowed anywhere on the site.
    BDSM/Fetish Clothing & some tasteful accessories utilizing tasteful imagery are acceptable, as long as no depictions of a fetish act are shown or implied. Exceptions to this rule are at the final discretion of the site owners, staff and administration.
    Nudity is NOT allowed in any thumbnail image at all. No visual signs of nipples or genitalia or arousal or graphic violence. Nudity and violence filters must be enabled for all applicable images and thumbnails. No nude artwork, animations or photographs of children up to the age of 18 will be allowed anywhere on the site, however, artwork showing babies in a non sexual setting will be allowed, provided there is no showing of genitalia. No photographs, animations or artwork depicting copyrighted materials will be allowed. Artwork,animations or photographs that violate any of the above restrictions will be deleted without notice.

  10. SUBSCRIBER RECOURSE
    Subscribers found to be in violation of these Terms of Service will be notified by Webaroonie, Inc. mail of their violation. Failure to cure the problem or behavior within 48 hours will result in their account being banned. This means that they will be unable to access the site under their current username and will be unable to re-register with their current email address. A post will be made in the Announcements Page when a Subscriber is banned with a short explanation as to the circumstances.

  11. SOLICITATION/TRADING OF ILLEGAL SOFTWARE
    Subscribers will not engage in the solicitation or trading of illegal software. Such requests or postings will immediately be deleted by Webaroonie, Inc.. Continued postings by a Subscriber of this nature will result in the Subscriber being banned. Please see Item 4 above. Webaroonie, Inc. maintains a zero tolerance policy towards the solicitation or trading of illegal software through its Forums, mail and instant messaging system.

  12. INTELLECTUAL PROPERTY
    All images displayed in the Personal Webspace belong to their respective creators and they maintain all copyrights and ownership. No further distribution is allowed and anyone caught violating any copyright will be prosecuted to the fullest extent of the law. The copyright in all material provided on the Site remains with the original holder. Use of the material inconsistent with the terms and conditions set forth is prohibited and considered an infringement of the copyrights of the respective holders. Most areas of the site allow Subscribers to remove their contribution from the site at any time.

  13. MODIFICATIONS TO TERMS OF SERVICE
    Webaroonie, Inc. may change the Terms Of Service of service from time to time. It is your responsibility to check this document periodically for any changes or modifications as there will be no individual notices to Subscribers regarding such changes or modifications. Your continued use of the Service constitutes an affirmative acknowledgment by you of the Terms Of Service and any subsequent modifications made to them and your agreement to abide and be bound by them.

  14. DISCLAIMER OF WARRANTIES
    Subscriber expressly acknowledges and agrees that use of the service is at subscriber's sole risk and that the service is provided on an "as is" and "as available" basis. Webaroonie, Inc. expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Webaroonie, Inc. makes no warranty that the service will meet Subscriber's requirements, or that the service will be uninterrupted, timely, secure, or error free. Webaroonie, Inc. makes no guarantees as to the results that may be obtained from the use of the service or the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Subscriber understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is at Subscriber's own risk and Subscriber is solely responsible for any damage to Subscriber's computer system or loss of data that results from the download of such material and/or data. Webaroonie, Inc. makes no warranty regarding any goods or services purchased or obtained through the service or any transActions entered into through the service. No advice or information, whether oral or written, obtained by Subscriber from Webaroonie, Inc. or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.

  15. LIMITATION OF LIABILITY
    Webaroonie, Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transActions entered into through the service or resulting from unauthorized access to or alteration of Subscriber's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Webaroonie, Inc. has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. Webaroonie, Inc. shall not be held responsible for any messages received by Subscriber, regardless of their content.

  16. SUBSCRIBER CONDUCT
    You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Therefore, you agree: (1) to comply with all applicable United States laws regarding the transmission of technical data exported from the U.S. through the Service; (2) that you shall not use the Service for illegal purposes; (3) that you shall not interfere or disrupt networks connected to the Service; and (4) that you shall comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. Subscribers may not use the Service to send chain letters, junk mail or spam (unsolicited bulk email) or to communicate with any person who has not given specific permission to be included in such communications. In addition, you may not transmit or post through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Subscribers may not interfere with another Subscriber's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Webaroonie, Inc. may, at its sole discretion, immediately terminate Service should Subscriber's conduct fail to conform with these Terms Of Service. Webaroonie, Inc. reserves the right to terminate any inactive or expired account.

  17. INDEMNIFICATION
    You agree to indemnify and hold Webaroonie, Inc., its officers, directors, employees, volunteers, subsidiaries, affiliates, successors and assigns, harmless from any third party claim or demand, including reasonable attorneys' fees, made in connection with or arising out of your use of the Service, your violation of the Terms Of Service, or the infringement by you, or other users of the Service using your subscribership, of any intellectual property, right of privacy or publicity, or other right of any person or entity.

  18. TERMINATION/CANCELLATION
    Webaroonie, Inc. may terminate the Service with or without cause at any time and effective immediately. Webaroonie, Inc. shall not be liable to you or any third party for termination of Service. Should Subscriber object to any Terms Of Service of this service or any subsequent modifications thereto or become dissatisfied with the Service in any way, your sole and exclusive recourse is to immediately discontinue your use of the Service; cancel your subscribership; and notify Webaroonie, Inc. of your cancellation. Upon termination of the Service, your right to use the Service and Software immediately ceases and you shall have no right and Webaroonie, Inc. shall have no obligation thereafter to forward any unread or unsent messages to Subscriber or any third party.

  19. NOTICE
    Except as otherwise indicated herein, all notices to you from Webaroonie, Inc. or from you to Webaroonie, Inc. shall be in writing and shall be made via Webaroonie, Inc. mail. Webaroonie, Inc. may post notices or messages through the Service to inform Subscribers of changes to the Service, or the Terms Of Service of service, or other matters of importance; such postings shall constitute sufficient written notice to Subscriber.

  20. LAWS
    This Terms Of Service agreement shall be governed by and construed in accordance with the laws of the United States of America, excluding its conflict of law provisions. Both Subscriber and Webaroonie, Inc. agree to submit to the exclusive jurisdiction of the courts of the United States of America. If any provision(s) of these Terms Of Service are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Webaroonie, Inc.'s failure to exercise or enforce any right or provision of the Terms Of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Webaroonie, Inc. in writing. Subscriber and Webaroonie, Inc. agree that any cause of Action arising out of or related to this Service must commence within one (1) year after the cause of Action arose; otherwise, such cause of Action is permanently barred. By agreeing to these Terms Of Service you certify that all information you supply to this service is true and correct to the best of your knowledge.