Terms of Service

IMPORTANT -- READ CAREFULLY: These Terms of Service for the Online Check Register ("Agreement") is a legal agreement between you (either an individual or an entity) and Philip Williams (collectively "the provider") for the Online Check Register ("Services"). The Services include upgrades, support and access to content as described. By clicking on the "Sign Up" button or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "Sign Up" BUTTON AND DO NOT PURCHASE OR USE THE SERVICES.

YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

PERSONAL INFORMATION YOU PROVIDE TO THE PROVIDER IS GOVERNED BY THE PROVIDER'S PRIVACY POLICY AT http://www.onlinecheckregister.com/privacy.aspx.

THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF THE PROVIDER.

To avoid the US $14.95 setup fee for the Online Check Register account, cancel any time within 15 days of paying the setup fee.

For technical support or information on how to cancel your subscription, please email support@onlinecheckregister.com or visit the support area. The provider may, at its sole discretion, change the features and services offered in the Online Check Register at any time.

 1. PAYMENT & SERVICES.
You agree to notify the provider about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to the provider's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

2. YOUR RIGHT TO CANCEL ONLINE CHECK REGISTER SERVICES
You may cancel the Online Check Register at any time. You will not receive any refund or partial refund for any charges already billed to your account if you cancel your services after the first 15 days of paying for the services. You may cancel the services by accessing your Online Check Register account at www.onlinecheckregister.com. Cancellation instructions are available through the User Info page. Further, you may contact the provider  by email at support@onlinecheckregister.com. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with the provider. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or the provider's enforcement or application of this Agreement; (2) any policy or practice of the provider, including any provider's Privacy Policy, or the provider's enforcement or application of these policies; (3) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3. THE PROVIDER'S RIGHT TO TERMINATE OR MODIFY SERVICES
The Provider may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event the provider modifies the Agreement or the Services, you may terminate the Services. The provider may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at the provider's sole discretion. The provider may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from the provider to effect such termination. Upon any termination of this Agreement (whether by you or the provider), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.

4. SERVICE USE RESTRICTIONS
a) You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.

b) You may only use the Services for your private, non-commercial use. You may not use the Services or Content in any way to provide, or as part of, any commercial service or application.

c) In addition to any other remedies available in equity or law to the provider, failure to comply with any of the terms and conditions in this Section 4 "Service Use Restrictions" shall immediately terminate your license to the the Services.

5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to the provider is governed by the provider's Privacy Policy at http://www.onlinecheckregister.com/privacy.aspx. Your election to use the free or paid Services, indicates your acceptance of the terms of the provider's Privacy Policy, so please review it carefully if you have any questions about the provider's treatment of personal information you make available to the provider. If you have questions about the provider's Privacy Policy, please e-mail the provider at support@onlinecheckregister.com. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify the provider immediately of any unauthorized account use. The provider is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.

6. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available from time to time, the provider will send you e-mail describing the latest Content and how to get access to the Content. You agree that as a Service subscriber, the provider may send you such e-mail to the address you provide. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement.

7. TITLE.
Title, ownership, rights, and intellectual property rights in and to the Services shall remain in the provider's and/or its suppliers. The Services and Content are protected by the copyright laws of the United States and other countries, and by international copyright treaties.

8. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER's TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FOURTEEN DOLLARS AND NINETYFIVE CENTS (US $14.95). 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. THE PROVIDER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH THE PROVIDER.

9. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without the provider's express written consent.

10. IMPORTANT--MISCELLANEOUS.
a) Arbitration & Jurisdiction. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or Services or your use of the Services shall be governed by the laws of the State of Georgia. If you and the provider cannot resolve an issue through negotiation, you agree to pay any and all of the provider's legal and court fees that the provider may incur while defending himself.

b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of the provider. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Copyright © 2004 Philip Williams.