Terms of Service

Last Updated: May 07, 2009

By using Stormweight, a service of Stormweight Systems Inc, you are agreeing to be bound by the following terms and conditions herein referred to as Terms of Service.

Stormweight Systems Inc reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance Stormweight, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of Stormweight after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.stormweight.com/terms

Account Terms

1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your account may only be used by one person. A single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. Stormweight Systems Inc cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others participating in one of your lists or designated as “editors” on your account).
7. One person or legal entity may not maintain more than one free account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your Account. While Stormweight Systems Inc prohibits such conduct and content on Stormweight, you understand and agree that Stormweight Systems Inc cannot be responsible for the content posted on Stormweight and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
2. Excepting within the first 30 days after an account is opened, there will be no refunds. Only within the first 30 days of service may a refund in full be requested by phone (510 379 5826) or by email (service@stormweight.com). The Service is billed in advance on a monthly basis. After the first 30 days there will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in plan level your credit card that you provided will automatically be charged the new rate on your next billing cycle plus the cost = ((new plan amount/days in month)-(old plan amount/days in month))*(days on new plan until next billing cycle). Notice that for a downgrade the cost will be a negative number and will subtract from your new plan price on your next billing cycle. Should the cost be more than the price of one month of your new plan level, the remainder will be subtracted each billing cycle until it reaches 0.
5. Downgrading your Stormweight plan may cause the loss of content, features, or capacity of your account. Stormweight Systems Inc does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You may cancel by phone (510 379 5826) or e-mail (service@stormweight.com). Please note, however, that leaving a message is not sufficient to cancel. We will respond to confirm your cancellation and will attempt to do so in a timely fashion. The quickest way to cancel your account is to visit your administrator page and click the cancel button next to the name of the account.
2. All of your content will be deleted from the Stormweight upon cancellation at the end of your final billed month.
3. If you cancel Stormweight before the end of your current paid up month, your cancellation will take effect at the end of that month but you will not be charged again.
4. Stormweight Systems Inc, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Stormweight, or any other Stormweight Systems Inc service, for any reason at any time. Such termination of Stormweight will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Stormweight Systems Inc reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Stormweight Systems Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Stormweight (or any part thereof) with or without notice.
2. Prices of all services, including but not limited to monthly subscription plan fees to Stormweight, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the stormweight site (stormweight.com).
3. Stormweight Systems Inc shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Stormweight.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to Stormweight. Your profile and materials uploaded remain yours. However, when you create publicly accessible lists, you agree to allow anyone to view and share your content.
2. Stormweight Systems Inc does not pre-screen content, but Stormweight Systems Inc and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Stormweight.

General Conditions

1. Your use of Stormweight is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email (techsupport@stormweight.com).
3. You understand that Stormweight Systems Inc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run Stormweight.
4. You must not modify, adapt or hack Stormweight or modify another website so as to falsely imply that it is associated with Stormweight, Stormweight Systems Inc, or any other Stormweight Systems Inc service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Stormweight, use of Stormweight, or access to Stormweight without the express written permission by Stormweight Systems Inc.
6. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Stormweight Systems Inc customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of Stormweight, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Stormweight Systems Inc) of other Stormweight customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
12. Stormweight Systems Inc does not warrant that (i) Stormweight will meet your specific requirements, (ii) Stormweight will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Stormweight will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Stormweight will meet your expectations, and (v) any errors in Stormweight will be corrected.
13. You expressly understand and agree that Stormweight Systems Inc shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Stormweight Systems Inc has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Stormweight; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Stormweight; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Stormweight; (v) termination of your account; or (vi) any other matter relating to Stormweight.
14. The failure of Stormweight Systems Inc to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Stormweight Systems Inc and govern your use of the Stormweight, superceding any prior agreements between you and Stormweight Systems Inc (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to service@stormweight.com.