The Houston Black Pages Terms of Service

The Houston Black Pages’ applications enable businesses toactivate a powerful social media marketing plan. Each The Houston Black Pagesapplication includes a simple do-it-yourself content management system thatenables businesses to easily upload your images, links, and text and buildFacebook pages without writing a single line of code. By using any of thesoftware, applications or Web sites (collectively, "Services")offered by The Houston Black Pages, you (as the account owner) agree to bebound by the following terms and conditions ("Terms of Service" or “Agreement”).The Houston Black Pages reserves the right to update and change this Agreementfrom time to time without notice. Any new features that augment or enhance thecurrent Services, including the release of new tools and resources, shall besubject to this Agreement. Continued use of the Services after any suchchange(s) shall constitute your consent to such changes.

Violation of any of the terms and conditions below willresult in the termination of your account. While The Houston Black Pagesprohibits certain conduct while using the Services, you understand and agreethat The Houston Black Pages cannot be responsible for content posted by you orother users of the Services (“User Content”). You agree to use the Services atyour own risk.

Account Terms         

1. The Houston Black Pages is not responsible for and doesnot endorse or accept any responsibility for the contents of or your use of theFacebook site. The Houston Black Pages makes no representation or warranty,whether express or implied, regarding the origin, accuracy, correctness orcompleteness of any information supplied by you, Facebook or others notaffiliated with The Houston Black Pages.
2. You agree to be bound by Facebook’s Statement of Rights and Responsibilities(as such may be amended or modified from time to time).

3. The Houston Black Pages does not imply, represent orwarrant, by virtue of providing the ability to build Facebook pages, that TheHouston Black Pages holds or grants any license to use any text or graphicsprovided by Facebook or others not affiliated with The Houston Black Pages.Further, your use of information obtained through the Services may be subjectto restrictions imposed by one or more third-party copyright owners, includingservice providers to The Houston Black Pages, and you agree that you shallcomply with any such restrictions.
4. For content that is covered by intellectual property rights (e.g. photos,videos , digital images and any other type of data) (collectively "IPContent"), you grant The Houston Black Pages a non-exclusive,transferable, sub-licensable, royalty-free, worldwide license to use any IPContent that you post on or in connection with the use of the Services("IP License"). This IP License ends when you delete your IP Contentor your account, unless your IP Content has been shared with others, and theyhave not deleted it. When you delete IP Content, it is deleted in a mannersimilar to emptying the recycle bin on a computer. However, you acknowledgethat deleted content may persist in backup copies for a reasonable period oftime.
5. When you create or administer a page on Facebook, you also agree to Facebook’s“Pages Terms” (as such may be amended or modified from time to time) located athttp://www.facebook.com/terms_pages.php or such other location as Facebook mayset forth, and incorporated herein by reference.
6. You must be 13 years or older to use the Services.
7. Accounts registered by "bots" or other automated methods(including use of scripts or web crawlers) are not permitted.
8. In order to use the Services you will be required to provide your legal fullname, a valid email address, credit card for purposes of payment, and any otherinformation requested as part of the registration process for the Services, oras part of your continued use of the Services. You agree that any registrationinformation you give to The Houston Black Pages will always be accurate,correct and up to date.
9. Your login information shall not be used by another person (i.e. - a singlelogin shared by multiple people is not permitted). You may create separatelogins for as many people as necessary.
10. You agree and understand that you are responsible for maintaining theconfidentiality of passwords associated with your account. Therefore, you agreethat you will be solely responsible to The Houston Black Pages or itsaffiliates for all activities that occur under your account. If you becomeaware of any unauthorized use of your password or of your account, you agree tonotify The Houston Black Pages immediately:

By email: support@GingerTeaSoftware.com

11. If you are using a free account, you are not permittedto block advertisements that may be displayed while you are using the Services.
12. One person or legal entity may not maintain more than one free account.
13. You may not use the Services for any illegal or unauthorized purpose. Youmust not, in using the Services, violate any laws in your jurisdiction(including but not limited to copyright laws, export laws regardingtransmission of data or software to and from the United States or other relevantcountries, etc.).
14. You expressly understand and agree that The Houston Black Pages shall notbe liable for any direct, indirect, incidental, special, consequential orexemplary damages, including but not limited to, damages for loss of profits,goodwill, use, data or other intangible losses (even if The Houston Black Pageshas been advised of the possibility of such damages), resulting from your use ofthe Services or your use of third-party products or services accessible via theServices.
15. Abuse of Services may result in the temporary or permanent suspension ofyour access to the Services. The Houston Black Pages, in its sole discretion,will determine whether there has been abuse or excessive usage of the Services.The Houston Black Pages will make a reasonable attempt via email to warn youprior to suspending your account.
16. The Houston Black Pages reserves the right at any time to modify ordiscontinue, temporarily or permanently, your access to the Services (or anypart thereof) with or without notice.
17. When you visit www.GingerTeaSoftware.com or send e-mails to us, you arecommunicating with us electronically. You consent to receive communications andnotices from us electronically. We will communicate with you by e-mail or byposting notices on the www.GingerTeaSoftware.comsite. You agree that allagreements, notices, disclosures and other communications that we provide toyou electronically satisfy any legal requirement that such communications be inwriting.

Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance withthis Agreement and any other relevant The Houston Black Pages policies, such asthe The Houston Black Pages Privacy Policy (incorporated by reference), TheHouston Black Pages grants you a non-exclusive, non-transferable, revocable,non-sub licensable license right to access and use a compatible Web browser(such as Mozilla Firefox or Microsoft Internet Explorer) or mobile devicesolely for the purpose of building Facebook Web pages using the Services. Youagree not to use the Services for any other purpose.
You acknowledge that in providing the Services, The Houston Black Pages usesdocuments, software and other works of authorship, and other technology,software, hardware, products, processes, algorithms, user interfaces, know-howand other trade secrets (collectively the “The Houston Black Pages Technology”)and that the The Houston Black Pages Technology is covered by intellectualproperty rights owned or licensed by The Houston Black Pages. Other than asexpressly set forth in this Agreement, no license or other rights in the TheHouston Black Pages Technology are granted to you, and all rights not expresslygranted to you are expressly reserved. You agree not to modify, createderivative works of, translate, reverse engineer, decompile, disassemble theServices or otherwise recreate or gain access to the source code of theServices.
You further agree not to (i) license, sublicense, sell, resell, transfer,assign, distribute or otherwise commercially exploit or make the Servicesavailable to any third party; or (ii) access the Services in order to (a) builda competitive product or service, (b) build a product using similar ideas,features, functions or graphics or (c) copy any ideas, features, functions orgraphics of the Services.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for set up of allaccounts regardless of whether the account is free for purposes of verifyingUser identify.
2. If you sign up for a free trial of a The Houston Black Pages account, shouldone be provide, and you do not cancel that account before the expiration of thefree trial period, you will be billed monthly starting on the day after yourtrial period expires. If you cancel properly prior to the processing of yourfirst billing, you will not be charged.
3. Charges for access to the Services are billed in advance on a monthly basisand are non-refundable. There will be no refunds or credits for partial monthsof use of the Services, upgrade/downgrade refunds, or refunds for months unusedwith on an active account.
4. All charges for access are exclusive of all taxes, levies, or duties imposedby taxing authorities, and you shall be responsible for payment of all suchtaxes, levies, or duties in addition to your monthly access account fees,excluding only United States (federal or state) taxes when applicable. Youagree that we may add such charges to your credit card for payment as part ofyour monthly account fees.
5. For any upgrade or downgrade in plan level, your credit card willautomatically be charged the new rate on your next billing cycle. Your plan andaccess fees will be adjusted automatically based upon fan or data thresholds asset forth in the plan pricing.
6. Downgrading your Services may cause you to lose access to certain content orfeatures of your account or the Services. TheHouston Black Pages does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling youraccount. An email, other than to the address set forth in this Section 1, orphone request to cancel your account shall not be considered cancellation ofyour account or termination of the terms of this Agreement. You can cancel youraccount at any time by submitting a cancellation request in the form of asupport ticket by clicking the “Support” tab on the The Houston Black Pageswebsite or by sending an email to support@GingerTeaSoftware.com with theinstructions to cancel your account, including your name and the user name onthe account.
2. All of your User Content and account information will ultimately be deletedfrom our system after cancellation of the account. This information cannot berecovered once your account is cancelled.
3. If you cancel the Services before the end of your current paid up month,your cancellation will take effect immediately, however, the The Houston BlackPages applications will remain functional through the end of your currentmonthly billing period.
4. The Houston Black Pages, in its sole discretion, has the right to suspend orterminate your account and refuse any and all current or future use of theServices, or any other The Houston Black Pages Services, for any reason at anytime. Such termination of Services will result in the deactivation or deletionof your account with no refund, or your access to your Account, and theforfeiture and relinquishment of all User Content in your account. The HoustonBlack Pages reserves the right to refuse to provide any of the Services toanyone for any reason at any time.

Modifications to the Service and Prices

1. Prices of all Services, including but not limited tomonthly subscription plan fees for Services, are subject to change upon 30 daysnotice from us. Such notice may be provided at any time by posting the changesto the The Houston Black Pages Web site (www.The Houston Black Pages.net) orsuch other method as chosen by The Houston Black Pages and/or via a softwareapplication we offer.
2. The Houston Black Pages shall not be liable to you or to any third party forany modification, price change, suspension or discontinuance of any of theServices. By utilizing the Services of this Agreement you accept the termsherein and agree to waive your right to file a claim for losses, damages, etc.against The Houston Black Pages and its affiliates for any such changes.

Copyright and Content Ownership

1. All User Content posted on the Services must comply with U.S.copyright law. You are responsible for adhering to our copyright infringementnotification process located at the bottom of this page.
2. We claim no intellectual property rights over the material or content yousubmit, post or display, on or through the Services, unless such content wasdesigned by The Houston Black Pages, its contractors, subsidiaries or assigns.Your account information and the materials or content you upload while usingthe Services remain yours. By using our Services to publish a page or profileon Facebook or another social media site, and agreeing to these Terms ofService, you grant The Houston Black Pages the non-exclusive right and licenseto use captured images and other data from your page or profile for promotionalor marketing purposes. By granting this right you agree that The Houston BlackPages and its affiliates have a license to use this material or content for thesole purpose set forth in this Section. In addition, by setting your pages tobe shared publicly, you agree to allow others to view and share your UserContent.
3. The Houston Black Pages does not pre-screen User Content, but The HoustonBlack Pages and its designee(s) have the right (but not the obligation) intheir sole discretion to refuse or remove any User Content that is availablevia the Services.
4. Unless written permission is provided by The Houston Black Pages, nothing inthis Agreement gives you a right to use any of The Houston Black Pages’ tradenames, trademarks, services marks, logos, domain names, or other distinctivebrand names.
5. The Houston Black Pages is the copyright owner of all content on the www.GingerTeaSoftware.comsite.All rights reserved. You may not duplicate, copy, or reuse any portion of theHTML/CSS or visual design elements of the www.GingerTeaSoftware.comsite withoutexpress written permission from The Houston Black Pages.

General Conditions

1. Your use of the Services is at your sole risk. The Servicesare provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and is onlyavailable at the levels offered for the specific account plan that you havesigned up for.
3. You understand that The Houston Black Pages uses third party vendors andhosting partners to provide the necessary hardware, software, networking,storage, and related technologies required to run the Services. These vendorsand partners may have access to User Content, profile pages, account informationor any other information submitted via the Services.
4. You shall not modify, adapt, access without authorization or hack theServices or modify another Web site so as create the impression that it isassociated with the Services, The Houston Black Pages, or any other entityaffiliated with The Houston Black Pages.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Services, use of the Services, or access to the Services,without the express written permission of The Houston Black Pages.
6. We may, but have no obligation to, remove User Content or other informationand accounts containing any information that we determine in our solediscretion are unlawful, offensive, threatening, libelous, defamatory,pornographic, obscene or otherwise objectionable or that violate any party'sintellectual property or this Agreement.
7. Verbal, physical, written or other abuse (including threats of abuse orretribution) of any The Houston Black Pages user, customer, employee, member,or officer will result in immediate account termination with no refund.
8. You understand and agree the technical processing and transmission of theServices, including your User Content, may be transferred in unencrypted formand involve (a) transmissions over various networks; and (b) changes to conformand adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMS, or"spam" messages.
10. You must not transmit any worms or viruses or any code of a destructivenature.
11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds theaverage bandwidth usage (as determined solely by The Houston Black Pages) ofother The Houston Black Pages customers, we reserve the right to immediatelydisable your account until you can reduce your bandwidth consumption.
12. The Houston Black Pages does not warrant that (i) the Services will meetyour specific requirements, (ii) the Services will be uninterrupted, timely,secure, or error-free, (iii) the results that may be obtained from the use ofthe Services will be accurate or reliable, (iv) the quality of any products,Services, information, or other material purchased or obtained by you throughthe Services will meet your expectations, and (v) any errors in the Serviceswill be corrected.
13. You expressly acknowledge and agree that The Houston Black Pages shall notbe liable for any direct, indirect, incidental, special, consequential orexemplary damages, including but not limited to, damages for loss of profits,goodwill, use, data or other intangible losses (even if The Houston Black Pageshas been advised of the possibility of such damages), resulting from: (i) theuse or the inability to use the Services; (ii) the cost of procurement ofsubstitute goods and services resulting from any goods, data, information orservices purchased or obtained or messages received or transactions enteredinto through or from the Services; (iii) unauthorized access to or alterationof your transmissions or data; (iv) statements or conduct of any third party onthe Services; (v) or any other matter relating to the Services.
14. The failure of The Houston Black Pages to exercise or enforce any right orprovision of the Terms of Services shall not constitute a waiver of such rightor provision. The Terms of Services constitutes the entire agreement betweenyou and The Houston Black Pages and govern your use of the Services,superseding any prior agreements between you and The Houston Black Pages(including, but not limited to, any prior versions of the Terms of Service )

Policy

This Privacy Policy (“Policy”) is incorporated by referenceinto the The Houston Black Pages Terms of Service. It describes what types ofinformation we collect and what we do with it.

Types of Information We Collect and What We Do With It

When you register for the Services we ask for informationsuch as your name, company name, email address, billing address, credit cardinformation. If you sign up for a free account, you will be required to enter acredit card number so that we can authenticate your identity.
We collect the e-mail addresses of those who communicate with us via e-mail,aggregate information on what pages visitors to our Web site(s) access or view,and information voluntarily provided to us (such as survey information and/oraccount registration information).
At this time, the information we collect is used to improve the content of ourWeb pages and the quality of our Services, and is not shared or sold to thirdparties for commercial purposes, except to provide products or services you'verequested, when we have your permission, or under the following circumstances:
It is necessary to share information in order to investigate, prevent, or takeaction regarding illegal activities, suspected fraud, situations involvingpotential threats to the physical safety of any person, violations of Terms ofService, or as otherwise required by law.
In the event of merger, acquisition or name change The Houston Black Pagesreserves the right to assign the terms of this Agreement to such new party. TheHouston Black Pages may provide you with notice of such assignment via theemail address provided in your account information. You may not assign thisagreement without the written permission of The Houston Black Pages.

Cookies

We may use “cookie” technology to track or recordinformation about our Web site visitors. A cookie is a small amount of data,which often includes an anonymous unique identifier, which is sent to yourbrowser from a Web site's computers and stored on your computer's hard drive.We require the use of “cookie” technology so that we can present the correctinformation to users as they move from screen to screen.
We may use cookies to record current session information, but they are not usedto record personal information, or to associate personal information with theuse of our Services. If you disable your Web browsers ability to accept cookiesyou will be able to browse the web site but you will not be able tosuccessfully use our Services. You are required to log-in to your Facebook UserAccount after a certain period of time has elapsed to protect you againstothers accidentally accessing your account contents.

Data Storage

The Houston Black Pages uses third party vendors and hostingpartners to provide the necessary hardware, software, networking, storage, andrelated technology required to run The Houston Black Pages. Although TheHouston Black Pages owns the code, databases, and all rights to the The HoustonBlack Pages application, you retain all rights to your personal information.

Disclosure

The Houston Black Pages may disclose your personalinformation under special circumstances, such as to comply with subpoenas or ifyour actions violate the Terms of Service.

Changes

We may use customer information for new, unanticipated usesnot previously disclosed in our privacy notice. We may periodically update thispolicy from time to time. To keep up-to-date with The Houston Black Pages’policy, please check its privacy policy page periodically. We will notify youabout significant changes in the way we treat personal information by sending anotice to the primary email address specified in your The Houston Black Pagesaccount registration and we will seek your consent to such changes.
Upon request we may provide site visitors with access to information that wehave collected and that we maintain about them. Upon request we offer visitorsthe ability to have inaccuracies corrected in contact information. You can havethis information corrected by contacting The Houston Black Pages. You can electto opt out at any time.

Third-Party Vendors

As The Houston Black Pages uses third party vendors andhosting partners top provide necessary hardware, software, networking storageand related technology required to run The Houston Black Pages, from time totime such third-party vendors may experience technical difficulties beyond thescope of The Houston Black Pages power to change, fix or otherwisecorrect.  As such, you agree to hold TheHouston Black Pages harmless for such technical problems. 

For example, should Facebook experience technicaldifficulties or maintenance issues which would result in your page notdisplaying, you do not hold The Houston Black Pages responsible.  This example is meant as merely one suchinstance of technical difficulties which might be experienced as a result ofusing outside vendors or service providers. This example does, in no way, limit the scope of these terms.