Membership Agreement
  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
    BitWise Systems is operated under the Terms Of Service contained in this document ( referred to as "Terms Of Service") and this agreement is entered upon between the CLIENT, or user (referred to herein as the "Member") and BitWise Systems, the PROVIDER, (referred to herein as "BitWise") By completing the registration, sign-up form, using the service, 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 and to adhere by the Acceptable Use Policy located at http://www.bitwisesystems.com/aup.htmwhich specifies allowed and prohibited actions of BitWise and its Members.

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

  3. BILLING
    Upon signing up with BitWise Systems, all Members are bound to a month to month contract billed electronically to members BitWise email address, unless secondary email address is provided to BitWise expressly for this purpose, and will receive a reoccurring monthly invoice/statement on the date of which service was initially started, which will be the date BitWise received the sign up form from member or reselling agent, and entered the account into the member database. Members may submit any payment due BitWise ONLY to BitWise Corporate currently located at PO Box 24550, Denver, CO 80224 1-866-259-3319 and cannot submit such respects to any office, representative, or reseller of BitWise Systems, Inc. Payments made online or by phone are considered payments to BitWise and are presently offered as a free service. BitWise may at times offer prepay discounts for customers wishing to receive a discount by paying for service in advance. Prepaid service does not require a new contract to be entered into, and does not change your monthly service fee, your month-to-month contract, or any contract stipulations. BitWise currently offers 2 (two) prepaid rates: the semi-annual rate of $89.70 (breaks down to $14.95 per month) and the annual rate $155.40 (breaks down to $12.95 per month). BitWise does not offer refunds for prepaid service, services not rendered, or prorated months.

    For all account payment methods set to auto-billing     (i.e.: ACH and credit card billing): Payments not received within 15 days of invoicing are subject to a late fee (1.5% finance charge with a minimum charge of $2.00). These accounts will be deactivated 30 days after the invoice date if the balance has not been paid in full. BitWise reserves the right to charge you a five-dollar ($5.00) reactivating charge.

    For all other account payment methods: Payments not received within 30 days of invoicing (as accounts are billed 20 days in advance) are subject to a late fee (1.5% finance charge with a minimum charge of $2.00). These accounts will be deactivated 50 days after the invoice date if the balance has not been paid in full. BitWise reserves the right to charge you a five-dollar ($5.00) reactivating charge.

    Customers who wish to receive a paper invoice will be assessed a processing fee of $3.00 per billing cycle.

    BitWise reserves the right to terminate or discontinue service at any time.

    NON-PAYMENT
    BitWise reserves the right to suspend access for any account not paid in full within 30 days of the invoice date, unless other arrangements have been made prior to this date. If your account is deactivated due to lack of payment, a $5 reactivation fee will be charged in order to reactivate your account.

    RETURNED CHECKS, ACH OR CREDIT CARD PAYMENTS
    A returned check charge of $15.00 will be incurred for all returned non-sufficient fund checks. A charge of $25.00 will be incurred for all returned credit card payments. If an account is on automatic ACH billing and the payment is bounced, a second attempt will be made to collect on the funds. If the payment is bounced a second time, the account will be deactivated and a $25.00 bounced ACH charge will be incurred. If your account is deactivated due to lack of payment, a $5 reactivation fee will be charged in order to reactivate your account. It is the sole responsibility of the customer to supply BitWise with a valid credit/debit card number and expiration date, or bank account number and routing number.

    BILLING DISPUTES
    In case of any billing disputes, you must notify, in writing, the Billing Department no later than 60 days after the date the alleged billing error first arose, whether on invoice or a charge against your credit/debit card. Failure to do so will waive your right to further contest of the charge(s).

  4. CANCELLATIONS
    To cancel your service, you can call out customer service department at 866-259-3319, between the hours of 9:00 am and 7:00 PM CST (Central Standard Time) Monday – Friday. We also accept cancellations via email at (billing@bwsys.net) or via fax at 303-923-2565.Cancellations are only processed Monday – Friday. BitWise does not offer partial refunds. Customers who are set up on credit card or ACH billing will automatically bill on the anniversary date. To avoid additional monthly service charges, customers who wish to terminate their service must do so two business days (minimum), Monday – Friday, prior to the anniversary date. All pre-paid non-monthly accounts will be subject to a $20 early termination fee is cancelled after the billing period begins.

  5. COLLECTIONS
    Upon 90 day delinquency, all accounts are subject to collection activity. It is the sole discretion of BitWise 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, BitWise will have no further correspondence with Member and all disputes are handled directly between Member 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. BitWise 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.

  6. AUTOPAY
    BitWise offers Members the option to have Members' monthly balance deducted from a credit card or checking account given to BitWise by Member via telephone, online, sign-up form, or in person at PO Box 24550, Denver, CO 80224. By signing up for Autopay, Member accepts Autopay terms and authorizes BitWise to initiate debit entries to the credit card or checking account provided. Monthly balances are debited along with past due amounts, late fees, returned check fees, or additional service fees requested by Member. This authorization remains in full effect until BitWise has received written notification of its termination in such time and in such manner as to afford BitWise and Member a reasonable opportunity to act upon it.

  7. SUPPORT
    The proper operation of your computer (hardware, software, peripherals, operating system) is not the responsibility of BitWise Systems. Member is responsible for the condition and maintenance of their computer's ability to operate or connect to the Internet. This includes but it not limited to: a functioning modem recognized by the operating system, functioning and correct modem drivers, ability of the modem to detect a phone line and dial tone, properly installed and configured network card (for broadband users), and TCP/IP functionality. Inability to connect to the internet due to 3rd party software programs and configurations such as Instant Messengers, Firewalls, Anti-Virus software, spy/adware, p2p programs, etc. are the sole liability of the Member to add, remove, configure, or locate technical support for. BitWise happily provides basic technical support for Internet related configurations and problems and may, if desired, offer more advanced support options at a premium rate. BitWise currently supports ONLY Windows 98/ME/2000/XP operating systems yet the service is known to function optimally on an array of different operating systems including but not limited to Apple/Macintosh, Linux, Unix, and Lindows. BitWise Systems does not supply, support, or offer protection from viruses, worms, Trojans, hackers, malicious code, executables delivered via email or infections from being a host on the internet. It is the Member's responsibility to purchase, configure, and update all anti-virus programs and firewall software if the Member chooses to take such precautions.
  8. RIGHT OF REFUSAL
    BitWise reserves the right to refuse services to anyone for any reason without specific notification or explanation of reasons.

  9. OTHER CONSIDERATIONS
    BitWise reserves the right to terminate, suspend, or otherwise disrupt the service of any Member if BitWise network monitors determine Member's computer is infected with a virus, Trojan, or worm or if it is detected a Member's machine is performing any operation considered a security risk or action that may cause direct or inadvertent damage or inconvenience to BitWise, its servers, or members    . Descriptions of security risks and actions prohibited are detailed in the BitWise Acceptable Use Policy under the heading "System and Network Security". Unlimited dial-up accounts are not dedicated accounts. Dial-up connections will automatically be disconnected after twelve (12) consecutive hours of use or fifteen (15) minutes of inactivity. Dial-up subscribers should only keep connections open while actively using their account, and may not use automated methods to avoid disconnection due to inactivity. Broadband accounts are considered dedicated, and may be connected 24/7 regardless of usage. High speed dial-up accounts are not considered broadband because they still utilized the FCC regulated phone network which still must comply with FCC set rules and regulations, therefore these type accounts are non-dedicated and are regulated by the same limits of idle time and continuous connectivity as regular dial-up accounts.

  10. MEMBER OBLIGATIONS
    Member agrees to keep all account information including passwords confident and to themselves only. BitWise shall not be responsible for lack of privacy, phone bills and charges incurred, content accessible, or any other consequences of account. The Member (individuals or entity's name in which the account is signed up under) is solely responsible and fully liable for any actions, agreements accepted, illegal activity, notifications, email, downloads, and access of Member's BitWise account information including but not limited to autopay information, billing history, and payment information while signed on to the service and/or logged into the BitWise website using Members username/password. Members are responsible for all charges from Members local and long-distance phone company resulting from the use of the dial-up service. Member is responsible for ensuring any dial-up number dialed is local or Member will incurr long-distance charges. Member is assumed the knowledge of their existing contract between local and long-distance providers and the specifications of said contract. BitWise has no authority, or ability to gain knowledge of said contract and cannot be held liable for any charges resulting from use of the service. Members are solely responsible for the content of information they publish or display ("post") on the site or transmit to other Members. Member will not post or transmit to other Members 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 members, vendors, administrators, moderators, or other web sites is strictly prohibited. BitWise Systems 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). All Vendors have the right to post annoucements of their products that are for sale in the BitWise Systems Store in the public forums as long as in doing so it does not constitute spamming of the forums or interfere with other Members rights to enjoy and use the forums. Any activity which results in a denial of service to other Members such as using off-line readers to cache the entire site is prohibited. Members' usage of BitWise Systems must be in a manner consistent with all applicable state and federal laws and regulations in your area.

  11. GALLERY - FORUM 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.

  12. MEMBER RECOURSE
    Members found to be in violation of these Terms of Service will be notified by BitWise Systems 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 & News Forum when a Member is banned with a short explanation as to the circumstances.

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

  14. INTELLECTUAL PROPERTY
    All images displayed in the Forums and Galleries 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 Members to remove their contribution from the site at any time.

  15. MODIFICATIONS TO TERMS OF SERVICE
    BitWise Systems 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 Members 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.

  16. DISCLAIMER OF WARRANTIES
    Member expressly acknowledges and agrees that use of the service is at member's sole risk and that the service is provided on an "as is" and "as available" basis. BitWise Systems 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. BitWise Systems makes no warranty that the service will meet Member's requirements, or that the service will be uninterrupted, timely, secure, or error free. BitWise Systems 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. Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is at Member's own risk and Member is solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data. BitWise Systems 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 Member from BitWise Systems 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.

  17. LIMITATION OF LIABILITY
    BitWise Systems 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 Except as otherwise indicated herein, all notices to you from BitWise Systems or from you to BitWise Systems shall be in writing and shall be made via BitWise Systems mail. BitWise Systems may post notices or messages through the Service to inform Members 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 Member.

  18. 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 Member and BitWise Systems 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. BitWise Systems'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 BitWise Systems in writing. Member and BitWise Systems 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.