Terms of Service

Last revised 12/8/2011

Welcome to Small Farm Central - we truly hope you find our services useful and enjoyable to use. These terms of service are an agreement between you (referred to hereinafter as "You" or "Your") and Small Farm Central LLC (referred to hereinafter as "Small Farm Central" or "We"). These terms of service apply to the Small Farm Central service and the sites that are created using the service (referred to hereinafter as "Small Farm Central", "Service", or "Site"). These terms of service also apply to the services offered, including but not limited to membership, subscription, tracking, newsletters, and other services that may be added at a later date.

Terms

By accessing the Service, You are agreeing to be bound by these Terms of Service (referred to hereinafter as "Terms"), all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing this Site. The materials contained in the Service are protected by applicable copyright and trade mark law.


Any attempt to undermine or cause harm to a server or customer of Small Farm Central is strictly prohibited. As our customer You are responsible for all Your accounts. Should You violate the Terms outlined within, Your account will be cancelled without chance of refund.


The Service may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material We judge to be threatening or obscene, or material protected by trade secret and other statute. Prohibited is content that promotes any illegal activity or may be damaging to Small Farm Central's servers, or any other server on the Internet. Links to such materials are also prohibited. You agree to indemnify and hold harmless Small Farm Central from any claims resulting from the use of the Service which damages You or any other party.

Service Fees

Because the Service is provided on a monthly basis, You will be responsible for service fees incurred each month (service fees for the plan configurations can be found here), regardless of when You provide notice of termination. Thus, for example, if You provide notice of termination on the 15th day of a particular month, You will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. We reserve the right to change the service fees at anytime. You agree and acknowledge that Service fees are not refundable under any circumstances.


However, Small Farm Central subscribers often pay for the service in 6 or 12 month increments. If You decide to cancel your account, you will be refunded the remaining months that you have paid for, but have not used. For example, if You buy a 12-month membership and cancel midway through the 7th month, the service fee for the 8th, 9th, 10th, 11th, and 12th month will be refunded to you. The new subscription fee is non-refundable.


You will be notified when your subscription is near expiration, if We do not receive payment by the end date, your website will be suspended until we receive payment for your site.

Account Activation

By activating Your account on Small Farm Central, You agree to the above policies and disclaimer. Upon requesting activation of an account, You are required to accept these policies, guidelines and disclaimer.


Upon account activation, You agree to allow Small Farm Central to use Your name in customer lists, quotes, and case studies insofar as such use accurately describes the nature of the relationship between Small Farm Central and You.

Account Termination

You may choose to terminate Your account at any time. Small Farm Central may also terminate Your account for the reasons listed in these Terms. Upon account termination, Small Farm Central reserves the right to cancel Your account and delete any and all data associated with Your account.

Responsibility for Data

You are solely responsible for all data transmitted through Small Farm Central. You acknowledge and agree that Small Farm Central will not be held responsible for any misuse, deletion, unavailability, or corruption of any data that You transmit through Small Farm Central. You agree not to upload or otherwise expose Small Farm Central to any data that is offensive, infringes upon the rights of others, is defamatory, or promotes harm against any group or individual.


You acknowledge that Small Farm Central has the right to monitor Your access and use of the Service to ensure that You comply with these Terms or to comply with any law or government order.

Copyright Notice

By using the Small Farm Central website, or any portion thereof, you agree not to upload or otherwise display any images, text, audio or other material that you do not hold a valid U.S. copyright for.

If you add any content from Small Farm Central to your personal website by using any of the widgets or features on Small Farm Central that allow for content sharing, you are solely responsible for ensuring that this material is not the copyrighted property of any third party. Small Farm Central is not responsible for any material uploaded to their website by third parties and takes no responsibility for material you choose to add to your personal website.

DMCA Copyright Notice

Small Farm Central is committed to complying with U.S. copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Small Farm Central that is claimed to be infringing.

If you believe your copyright material is being used on this website without permission, please notify the designated agent at:

Physical Mail

Attn: DMCA Copyright Dept
Small Farm Central
7126 Church Street
Pittsburgh, PA 15218

Email: support@smallfarmcentral.com

Phone: 412-567-3864


Your notice of alleged copyright infringement should include:

1. A Description of how your copyrighted work or other intellectual property has been infringed;
2. A Description of where the infringing material is located on the site, with a URL if applicable;
3. Your contact information where we can contact you or an e-mail address where the alleged infringing party can contact you;
4. A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your electronic or physical signature.

General Restrictions

You agree not to:

  • attempt to decode, decompile, or reverse engineer any of the software used in Small Farm Central
  • attempt to access any non-public portions of Small Farm Central's systems
  • upload viruses, worms, or other harmful software
  • attempt to harm or disrupt service in any way
  • make unauthorized use of Small Farm Central
  • resale the services provided by Small Farm Central
  • access another farmer's control panel

Proprietary Rights

Except as expressly permitted in these Terms, You may not create services or works derived from this Service, redistribute or sell this Service, modify this Service, reproduce this Service, or otherwise duplicate or disseminate this Service.

Disclaimer

The Small Farm Central service is provided "as is". Small Farm Central makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Small Farm Central does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of Small Farm Central or otherwise relating to Small Farm Central or on any sites linked to this Site. Small Farm Central makes no warranty the Service will be available on a secure, error free, or uninterrupted bases.


While we do everything in our power to prevent Service problems, Small Farm Central cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if the Service was functioning. Certain equipment, routing, software and programming used by Small Farm Central are not directly owned or written by Small Farm Central, LLC. Moreover, Small Farm Central holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions may 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 except as noted in Service Fees, as Small Farm Central sees fit.


A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Limitation of Liability

In no event shall Small Farm Central be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the services or content on Small Farm Central, even if Small Farm Central or a Small Farm Central authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.


Small Farm Central shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Small Farm Central's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Small Farm Central shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any content from one of Small Farm Central's servers. All damages shall be limited to the immediate termination of Service.

Indemnity

You agree to defend, indemnify, and hold harmless Small Farm Central, its officers, directors, employees and agents, from and against any claims, actions, demands, losses, or expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from Your use of Small Farm Central or Your breach of the Terms.

Severability

In the event that any part of the Terms is determined to be invalid or unenforceable, the other provisions of the Terms will remain in effect.

Violations

Violations of these Terms should be referred to support@smallfarmcentral.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. If You sign up for an account and fail to comply with these terms, no refunds will be given.

Revisions and Errata

The content appearing on the Service could include technical, typographical, or photographic errors. Small Farm Central does not warrant that any of the content on Small Farm Central is accurate, complete, or current. Small Farm Central may make changes to the content of the Service at any time without notice. Small Farm Central does not, however, make any commitment to update the materials.

Links

Small Farm Central is not responsible for the contents of any sites linked to from Small Farm Central's website. The inclusion of any link does not imply endorsement by Small Farm Central of the site. Use of any such linked web site is at Your own risk.

Privacy Policy

Small Farm Central respects Your privacy.

Site Terms of Use Modifications

Small Farm Central may revise these terms of use at any time without notice. We also retain the right to increase any pricing and make changes to our account plans without notification. By using the Service You are agreeing to be bound by the then current version of these Terms and to review these terms periodically.

Governing Law

Any claim relating to the Service shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.

Contact

If You have questions or wish to discuss the Terms, please contact Small Farm Central at support@smallfarmcentral.com.