Terms of Service

Revision date: 1/7/2010

ScrapHD welcomes you! All services provided by ScrapHD ("ScrapHD, LLC") and licensed partners may be used for lawful purposes only. All terms and conditions set forth in this agreement are meant to provide a pleasant experience for our members and shall include all members signed up through ScrapHD and all licensed partners.

Prohibited are users that promote any illegal activity or present content that may be damaging to ScrapHD's servers, or any other server on the Internet. This includes pornographic material of any kind. Links to such materials are also prohibited.

Examples of unacceptable content or links:

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL CONTENT, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY. ADDITIONALLY, SCRAPHD, LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Eligibility

If you are under the age of 13, you must use an account created by or during the supervision of a parent, guardian, or teacher and you must have the explicit permission of a parent, guardian, or teacher to use the Service. Membership in and access to the Service is void where prohibited.

Traffic Usage

We monitor all accounts and reserve the right to suspend or cancel any account without notice. However, we will attempt to reconcile any dispute of inappropriate traffic usage prior to cancellation.

Printing

We reserve the right to cancel any print jobs that we deem to be inappropriate.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of ScrapHD, LLC is strictly prohibited. As our customer or shared customer of one of our licensed partners you are responsible for all of your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. ScrapHD reserves the right to cancel any account that has been flagged by our staff as having violated these Terms.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

When you provide credit or debit card information to ScrapHD, LLC you represent that you are the authorized user of the card. Each month that you have a ScrapHD account, you agree and reaffirm that ScrapHD, LLC is authorized to charge your credit or debit card for the appropriate subscription fee. You agree to promptly notify ScrapHD, LLC of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to promptly notify ScrapHD, LLC if your credit or debit card expires or is canceled for any reason.

By the Account Activation Date of each month, ScrapHD, LLC shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to ScrapHD, LLC by no later than the specified payment due date. ScrapHD, LLC shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ScrapHD, LLC and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly - or - yearly basis, the client will be responsible for service fees incurred each month - or - for the entire year following the date of signup for an annual subscription, regardless of when client provides notice of termination. Thus, for example, if a client signs up on the 14th day of a particular month for a monthly subscription and provides notice of termination on the 15th day of the same month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Cancellation & refund policy

We do not generally refund cancelled monthly or annual contracts. You may cancel the services at any time, but ScrapHD, LLC will not refund or partial refund for any charges already billed to your account.

Limitation of Liability

ScrapHD, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ScrapHD, LLC's servers going off-line or being unavailable for any reason whatsoever. Furthermore, ScrapHD, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site information from one of ScrapHD, LLC's servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to support@scraphd.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Although ScrapHD, LLC strives for constant uptime, ScrapHD, LLC cannot be held liable for system down time, crashes or data loss. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ScrapHD, LLC sees fit.

Account Activation

By activating your account with ScrapHD, LLC, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Although ScrapHD, LLC strives for 24/7 availability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades. We advise every user to save his/her work throughout the creation process so as to avoid losing any unsaved work due to any unscheduled downtime or problems with one’s computer.

ScrapHD, LLC reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. Please contact support@scraphd.com if you have any questions or would like a copy of our most recent Terms of Service.

Privacy

Revision date: 1/7/2010

ScrapHD, LLC has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption).

Contact information from the order forms is used to get in touch with the customer when necessary. Some email notifications can be set by the user through their My Account page. For example, e-mails for when someone has commented on your published scrapbook can be toggled on or off at the user’s discretion.

Billing information that is collected is used to bill the user for services and will not be shared with third parties.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: support@scraphd.com

Acceptable Use Policy

Revision date: 1/7/2010

As a provider of Internet-related services, ScrapHD, LLC offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ScrapHD, LLC respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ScrapHD, LLC reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ScrapHD, LLC has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using ScrapHD, LLC's services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ScrapHD, LLC cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ScrapHD, LLC cannot monitor or censor the Internet, and will not attempt to do so, ScrapHD, LLC cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that ScrapHD, LLC does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ScrapHD, LLC's network and may reach a large number of people, including both subscribers and non-subscribers of ScrapHD, LLC, subscribers' postings to the Internet may affect other subscribers and may affect ScrapHD, LLC's goodwill, business, reputation or operations. For these reasons, subscribers violate ScrapHD, LLC policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities including but not limited to:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ScrapHD, LLC, but also because it can overload ScrapHD, LLC' network and disrupt service to ScrapHD, LLC' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ScrapHD, LLC will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ScrapHD, LLC reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ScrapHD, LLC choose to pursue and prosecute.

Video Streaming:

Video Streaming is not hosting friendly. As such, ScrapHD, LLC does not allow any streaming of video content. Offending accounts will be suspended without notice or terminated.

Adult-Oriented Content:

ScrapHD, LLC does not allow adult content and will suspend/terminate any offending account.

Obscene Speech or Materials:

Using ScrapHD, LLC's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ScrapHD, LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using ScrapHD, LLC's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited and will result in the suspension or cancellation of any offending account.

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment. Offending accounts will be suspended without notice or terminated.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software. Offending accounts will be suspended without notice or terminated.

Usenet Groups:

ScrapHD, LLC reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software. Offending accounts will be suspended without notice or terminated.

Other Activities:

Engaging in activities, whether lawful or unlawful, that ScrapHD, LLC determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations. Offending accounts will be suspended without notice or terminated.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ScrapHD, LLC will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with ScrapHD, LLC policy or applicable law. However, when ScrapHD, LLC becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ScrapHD, LLC.

ScrapHD, LLC will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ScrapHD, LLC may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ScrapHD, LLC may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ScrapHD, LLC assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ScrapHD, LLC may disclose subscriber information or information transmitted over its network where necessary to protect ScrapHD, LLC and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ScrapHD, LLC will never sell information to other services or outside companies.

We hope this AUP is helpful in clarifying the obligations of Internet users, including ScrapHD, LLC and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@scraphd.com.