TERMS OF SERVICE
Updated March 16, 2018
This website is operated by Bit Haulers. Throughout the site, the terms “we”, “us” and “our” refer to Bit Haulers. Bit Haulers offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove 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.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - ACCEPTABLE USE POLICY
Updated March 16, 2018
IMPORTANT NOTICE: BITHAULERS may revise this Acceptable Use Policy without notice. BITHAULERS' members and users of BITHAULERS' services are recommended to consult this page regularly to ensure that their usage and activities conform to the most recent version of BITHAULERS' acceptable use policy. In the event of a conflict between any agreement and this policy, the terms of this policy will govern.
BITHAULERS provides memberships for Internet Services that allow its members to connect to the Internet through a high-speed cellular internet access connection. The membership services use resources that are shared with many other customers and each user benefits by being able to share these resources. However, as with any resource, the benefits provided must be balanced with duties and responsibilities so that all users can rely on them for a productive experience. Use of the membership services therefore is subject to the rules and guidelines set forth below. Each member of BITHAULERS' service is responsible for ensuring that the use of all Services provided to such member complies with this Acceptable Use Policy (the “Policy”). ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE MEMBERSHIP SERVICES AND NOTIFY BITHAULERS' SO THAT THE USER’S ACCOUNT MAY BE CLOSED.
CONDUCT INFORMATION AND RESTRICTIONS
NETWORK AND USAGE RESTRICTIONS
USER OBLIGATIONS. The user is responsible for any misuse of the Membership Services, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to the user’s account. Steps should be taken into account to ensure that others do not gain unauthorized access to the Services and ensure that end users do not engage in any of the “Prohibited Uses and Activities” identified above.
You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, BITHAULERS recommends against enabling file or printer sharing of any sort. BITHAULERS recommends that any files or services that are made available for remote access by the user be protected with a strong password, personal firewall, or other appropriate measures.
INAPPROPRIATE CONTENT AND TRANSMISSIONS. There may be content on the Internet or otherwise available through the Services which may be deemed offensive, or which may not comply with federal, state and local laws, regulations and other rules. For example, it is possible to obtain access to content which is harassing, threatening, intimidating, pornographic or offensive, particularly to children. BITHAULERS does not assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service and BITHAULERS shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Content questions or complaints should be addressed to the content provider. Users are solely responsible for any information which they publish on the web or other Internet services. The user must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. BITHAULERS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that is, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. BITHAULERS does not have any obligation to monitor transmissions made on the Services. However, BITHAULERS does have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement. By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that the content complies with this Policy and authorizing BITHAULERS to reproduce, publish, display, transmit and distribute such content as necessary for BITHAULERS to deliver the content in a timely manner.
CONTENT USAGE AND DELIVERY. Each user is responsible for the contents of his or her social media, instant, video, and audio messages and the consequences of any user’s content. BITHAULERS assumes no responsibility for the timeliness, misdelivery or deletion of, or any failure to store, media or content.
The cellular network is designed for typical usage by a typical computer user. Computer activity resulting in excessive or sustained bandwidth consumption may burden the network and such usage may be restricted. Bandwidth on the network is a limited, shared resource among members and cellular service subscribers. Because we seek to provide the Membership Service at a reasonable cost to the largest number of users, the use of our network is subject to usage limitations. Users therefore must comply with the current bandwidth, data throughput, and other limitations on the Service, including the excessive use guidelines described below. Users must ensure their activity does not improperly restrict, inhibit, or degrade any other user’s use of the Service, nor represent (in the sole but reasonable judgment of BITHAULERS) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede BITHAULERS' ability to deliver the Service and monitor the Services, backbone, network nodes, and/or other network services.
NETWORK MANAGEMENT. BITHAULERS and Cellular Service Providers strive to provide customers the best experience when using their network, a shared resource among hundreds of thousands of customers.
BITHAULERS and Cellular Service Providers may use tools and techniques to manage their network, deliver the Service, and ensure compliance with this Policy and the Terms of Service Agreement. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. Network management activities may include, but are not limited to: (i) identifying spam and preventing its delivery to customer e-mail accounts, (ii) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii) de-prioritizing speeds during periods of extended congestion, (iv) requiring an upgrade or purchase of a different Internet service and (v) using other tools or techniques that BITHAULERS or the Cellular Service Providers may be required to implement in order to meet the goal of delivering the best broadband Internet experience to all its customers.
USAGE TRACKING. BITHAULERS and Cellular Service providers collect data on customer traffic pattern usage and reserve the right to conduct tests to improve network security, to enhance the performance of our network, and to determine whether to make available new service offerings. These technical tests are performed almost continuously and without notice.
EXCESSIVE USAGE. Excessive bandwidth or data usage that is deemed significantly higher than typical usage for which the networks are designed. Excessive data usage may negatively impact the Service provided to other members and customers. De-prioritization may be utilized in order to ensure optimal internet experience for all members and customers.
DATA POLICY. Customers will be notified via email for excessive data usage.
UNCHARACTERISTIC USAGE. BITHAULERS' products and Internet Service are a consumer product designed for personal use of the Internet. If BITHAULERS in its sole but reasonable discretion determines that a customer has exceeded the Excessive Use threshold or is using its products and/or Service in a manner significantly uncharacteristic of a typical user, BITHAULERS reserves the right to (a) adjust, suspend or terminate Service accounts at any time and without notice; or (b) require the user to upgrade his service level or pay additional fees in accordance with BITHAULERS' then-current, applicable rates and charges for such Service; or (c) use any technology to be chosen by BITHAULERS at its sole discretion to slow the user’s service for purposes of conserving bandwidth.
Activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfers of files and other high capacity traffic using (i) file transfer protocol (“FTP”), (ii) peer-to-peer applications, and (iii) newsgroups, whether provided by BITHAULERS or a third party.
BITHAULERS' Membership Plans and products do not provide the type of security, upstream performance and total downstream throughput capability typically associated with excessive use. Running a server in connection with BITHAULERS' Internet Service or providing network services to others via the BITHAULERS' Internet Service, and running servers for mail (pop3 & smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums are some use examples that may be deemed uncharacteristic usage.
BITHAULERS reserves the right to suspend without notice or terminate the Membership if you violate the terms of this Policy or the Terms of Service Agreement.
POLICY ENFORCEMENT. BITHAULERS does not routinely monitor the activity of accounts for violation of this Policy. However, in our efforts to comply with applicable law and promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. If we receive notice under the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, that you have allegedly infringed the intellectual property rights of a third party, we retain the right to take down or disable access to the allegedly infringing material. In complying with applicable law in this area, it is our policy, in appropriate circumstances, to terminate the memberships of those members who repeatedly infringe the intellectual property rights of third parties. We also will take such other action as appropriate under the circumstances to preserve our rights. Although BITHAULERS has no obligation to monitor the Services and/or the network, BITHAULERS reserves the right to monitor bandwidth, usage, and content from time to time to identify violations of this Policy; and/or to protect the network and BITHAULERS members. BITHAULERS prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which BITHAULERS, in its sole but reasonable discretion, believes violate this Policy, BITHAULERS may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Membership. BITHAULERS will not have any liability for any such responsive actions. The above described actions are not BITHAULERS' exclusive remedies and BITHAULERS may take any other legal or technical action it deems appropriate. BITHAULERS reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on BITHAULERS' servers and network. During an investigation, BITHAULERS may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize BITHAULERS to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include BITHAULERS providing the username, IP address, or other identifying information about a member. Upon termination of a membership account, BITHAULERS is authorized to delete any user ID, files, programs, data and email messages associated with such account. The failure of BITHAULERS to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
EQUIPMENT. BITHAULERS strives to produce a high level of reliability, stability and security for our members. The equipment sold through BITHAULERS is a critical network element which is constantly evaluated for compatibility and performance. Due to technical limitations, changes to the networks, discontinued support by manufacturers, regulatory obligations, or defects, certain equipment models that were previously certified may be deemed to no longer be suitable for cellular network. If you own your equipment and in our sole but reasonable discretion it becomes unsuitable for any of these or other reasons, it will be your responsibility to purchase new equipment. BITHAULERS reserves the right to upgrade, via software download and without subscriber notification, all BITHAULERS equipment.
COMMUNICATION. BITHAULERS may choose to communicate with you regarding these policies using a variety of methods including email to your email address on file or in-browser notices. In-browser notices are an effective way to quickly alert you to important service-impacting issues. These notices may require you to acknowledge receipt of the message or log into your BITHAULERS account for more information.
LIMITATIONS OF LIABILITY. BITHAULERS will make reasonable efforts to provide customer with uninterrupted and error-free service. Nonetheless, there are numerous factors that could affect the Service. Temporary interruptions of the Service may occur as normal events in the provision of the Service. BITHAULERS reserves the right to interrupt the Service for maintenance purposes. Also understand that BITHAULERS has no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond BITHAULERS' control. As to BITHAULERS 'own equipment and software, failure may occur without warning due to causes ranging from our own errors to malicious attack. If you have requirements that substantially exceed the average consumer’s bandwidth use or if continuous Internet access is the basis of your livelihood, you should purchase an alternate, backup connection. BITHAULERS does not represent or warrant that traffic on its network will be virus or spam free. In light of that, your use of the Membership Service is at your own risk and the Membership Service is provided without warranty or guarantee of any kind either expressed or implied, including warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, BITHAULERS, its parent company and affiliates will not be liable for any interruptions in service or failure to perform or partial performance that results in corrupted transmissions and will not be responsible for consequential damages of any sort. In any event, BITHAULERS’ liability to you for all potential claims will not exceed the total amount of membership fees paid during the preceding three months. Nothing in this Agreement gives you any interest, title or license in the user ID, electronic mail address or IP address that is used in conjunction with the Membership or the Membership Service.