Effective January 1, 2001
- Denham & Buckles, Inc. dba ELBTools (ELB) is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. ELB collects information from our users at several different points on our website.
- In order to use this website, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest. It is optional for the user to provide demographic information (such as income level and gender), and unique identifiers (such as social security number), but encouraged so we can provide a more personalized experience on our site.
- We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
- This web site contains links to other sites. Please be aware that we (ELB) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Many of the ELB Web sites use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ELB Web site, the information you previously provided can be retrieved, so you can easily use the ELB features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ELB services or Web sites you visit.
- You understand and accept these Terms and Conditions and agree to pay ELB for these services according to the Billing Policies currently in effect. Services are provided on a prepaid basis, NO REFUNDS. Invoices may be prorated IN ADVANCE to allow for relocation or other changes in your personal circumstances. There is a $25 fee for checks returned due to Non-Sufficient Funds (NSF).
- If we do not receive your payment when due, your account may be terminated. Termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was cancelled, including any collection fees incurred by ELB.
- ELB makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. ELB takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, misdeliveries or service interruptions caused by ELB's own negligence or your errors and/or omissions.
- ELB's services may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, obscene material, material protected by trade secret, or material which is deemed threatening or harassing according to local, state or federal laws. You agree to indemnify and hold harmless ELB from any claims resulting from your use of this service which damages you or another party. At our discretion, we may revoke your access for inappropriate usage.
- To insure the safety, comfort and convenience of our customers and the security of our system, ELB reserves the right to refuse any or all aspects of ELB's service to any individual or entity. These include, but are not limited to, posting to local newsgroups intended for use by our customers and staff for communication, e-mail services, posting of files to our FTP site or posting of WWW sites to our servers. Unsolicited bulk e-mail falls under this group, as does inappropriate posting to Usenet news groups. In addition, you agree to pay the following in the event you are responsible for, generate or cause any unsolicited commercial e-mail to emanate or appear to emanate from ELB: a: $500 plus $1.00 per message sent, plus $50 per complaint received by ELB, as well as; b: any damages or loss of service(s) to ELB, as a result of any spamming or other violation of these policies. These damages include, but are not limited to system shut downs, retaliatory attacks or data flooding, and/or loss of peering arrangements. Decisions regarding the acceptability of usage are the discretion of the staff of ELB, and are final.
- Use of any information or software obtained via this service is at your own risk. ELB specifically denies any responsibility for the accuracy or quality of information obtained through our services.
- If you use another organization's networks or computing resources via our service, you are subject to their respective permission, usage policies and fees.
- These Terms and Conditions are subject to change without notice. A current, dated copy will always be available on-line via the World Wide Web at https://www.elbtools.com/. Notification of changes in the Terms and Conditions will be posted in the Message of the Day (available at https://www.elbtools.com). Paper copies will be available from the office by request. Continued use of your account after a new policy has gone into effect constitutes acceptance of that policy.
- You will notify ELB of any changes in account contact information, such as your address or phone number, in a timely fashion.
- You are responsible for how your account is used. You may allow others to use your account, bearing in mind that you are fully responsible for what they do. ANY usage contrary to these Terms & Conditions by any party knowingly allowed to use the account, is grounds for account closure.
- ELB reserves the right to cancel this service and reimburse you with any unused fees (where appropriate) on a pro-rata basis. If your service is cancelled for misuse according to these Terms and Conditions, ELB reserves the right to apply additional fees and/or administrative costs incurred to your account prior to reimbursement. Please allow 4-6 weeks for reimbursement payment.
- These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with the terms and conditions of any order submitted.