Utility Data Systems of Texas, LLC

Online Services Terms of Use Agreement

 

Read This Terms of Use Agreement Before Accessing Website.

 

Effective Date:  This Terms of Use Agreement was last updated on January 5, 2011.

 

This Terms of Use Agreement sets forth the standards of use of the Utility Data Systems of Texas, LLC’s company Website and Online Services Website (“Sites”) for Registered Members. By using the Utility Data Systems of Texas, LLC Sites, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted on the Site.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.

 

Definitions:  “Member” means a user of the Utility Data Systems of Texas, LLC Websites and/or a registered user of the Online Services and refer to both the “Participating Service Providers” (Participating Utility, Government Entity, or Service Provider of services through the Online Services) and to their customers or web payment users.  “Online Services” means UBSplus® Online Service, UBSplus® OBIP Service, and/or MCRS™ OCIP Service.  “You” and “your” means the “Member” as described above.  “We”, “our”, and “us” means Utility Data Systems of Texas, LLC, its subsidiaries and affiliates.

 

1.      Description of Service

Utility Data Systems of Texas, LLC is providing Member with Online Bill and Citation Inquiry and Payment Processing Services and/or Online Hosting Services.  In addition to separate agreements regarding these services, the Member agrees to the following terms:

(A.)          Online Bill and Citation Inquiry and Payment Processing Services:  Online credit card processing through the Internet is provided by Utility Data Systems of Texas, LLC and Element Payment Services, Inc. to utility providers, government entities, or other service providers and their respective customers or web payment users, which facilitate various electronic payment services for monthly utilities, traffic ticket or court fee payment, or other service payment.  You, as the customer or web payment user of a Participating Utility, Government Entity, or Service Provider (collectively referred to as “Participating Service Provider”), are eligible to use the Online Payment Processing Services to pay your utility bill, traffic ticket, court fee, or other service payment and any related fees covered under our service agreements with Participating Service Providers.

  Element Payment Services, Inc. offers a fully integrated PCI DSS-compliant payment processing solution available through Utility Data Systems OBIP™ and OCIP™ Software.

a.       Payments:  Your online credit card payment processed through the Online Payment Processing Services will be remitted to your Participating Service Provider in accordance with our service agreement with the Participating Service Provider.  All transactions are made in US Dollars.  You will receive written acknowledgement confirming receipt of your credit card payment. Any new features or enhancements which augment the current services offered will be subject to the terms and conditions of service unless explicitly stated otherwise.

b.      Credits or Refunds:  If you believe a payment was wrongfully or improperly made, the Participating Service Provider at their sole discretion may void, rescind or issue a credit for your payment made through the Online Payment Processing Services.  If a dispute arises regarding a payment you have made through the Online Payment Processing Services, the responsibility to settle the payment dispute rests with you and the Participating Service Provider.  You waive the right to cancel credit card payments which have been cleared through this clearing entity.

(B.)   Online Hosting Services:  Utility Data Systems of Texas, LLC provides hosting services under separate agreement for Participating Service Providers.

2.      Member Responsibilities

 

Member is responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "System") necessary for you to access and use the Online Services. This responsibility includes, without limitation, Member utilizing up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. Member is additionally responsible for obtaining Internet services via the Internet service provider of Member’s choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. Member acknowledges responsibility for the data security of the Systems used to access the Online Services, and for the transmission and receipt of information using such Systems. Member acknowledges that you have requested the Online Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. Utility Data Systems of Texas, LLC is not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for your Systems. Although we may provide a link to a third party site where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider and your use of any such software, hardware or service may also be subject to the license or other agreements of that provider, in addition to the terms and conditions of this Agreement.

 

Member is further responsible for providing information that is accurate and true.  Upon online registration for services, Member agrees to (i) complete the online registration form with information that is true, accurate, current and complete and (ii) Member agrees to promptly update the Registration Information to keep it true, accurate, current and complete when appropriate. If you do not provide information that is true, accurate, current and complete or if there are reasonable grounds to suspect that information you have entered is untrue, inaccurate, not current or incomplete, your account may be suspended or terminated and any and all current or future use of the Online Services refused.

 

3.      Disclaimer of Warranties.

 

The site is provided by Utility Data Systems of Texas, LLC on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Utility Data Systems of Texas, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Utility Data Systems of Texas, LLC shall have no liability for any interruptions in the use of this Website.  Utility Data Systems of Texas, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

 

4.      Limitation of Liability

 

UTILITY DATA SYSTEMS OF TEXAS, LLC SHALL NOT be liable for any damages whatsoever, and in particular UTILITY DATA SYSTEMS OF TEXAS, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if UTILITY DATA SYSTEMS OF TEXAS, LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

5.      Indemnification

 

Member agrees to indemnify and hold Utility Data Systems of Texas, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

 

6.      Members Account

 

All Members of the Service shall receive a password and an account.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Utility Data Systems of Texas, LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Utility Data Systems of Texas, LLC.

 

7.      Privacy Notice

 

Utility Data Systems of Texas, LLC has posted our Privacy Policy on our Website.  By accessing this Website, you agree to be legally bound by the Terms and Conditions in the Privacy Policy.  The Privacy Policy is hereby incorporated into this Agreement by reference.  To read our Privacy Policy, click here.

 

8.      Modifications and Interruption to Service

 

Utility Data Systems of Texas, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Utility Data Systems of Texas, LLC shall not be liable to Member or any third party should Utility Data Systems of Texas, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Utility Data Systems of Texas, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

9.      Third-Party Sites

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

 

10.  Disclaimer Regarding Accuracy of Vendor Information

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While Utility Data Systems of Texas, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

 

Utility Data Systems of Texas, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

 

11.  Governing Jurisdiction of the Courts of the State of Texas

 

Our website is operated and provided in the State of Texas.  As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas. 

 

12.  Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

13.  Copyright and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted, will all rights reserved, or is the property of Utility Data Systems of Texas, LLC and/or third parties protected by intellectual property rights.    Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Utility Data Systems of Texas, LLC is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Utility Data Systems of Texas, LLC.

 

Utility Data Systems® of Texas, LLC and http://www.udsoftexas.com ™ are proprietary marks of Utility Data Systems of Texas, LLC.  Utility Data Systems of Texas, LLC’s trademarks may not be used in connection with any product or service that is not provided by Utility Data Systems of Texas, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Utility Data Systems of Texas, LLC.

 Element Payment Services, Inc. ™ is a proprietary mark of Element Payment Services, Inc. and is used with prior written permission.  Element Payment Services, Inc. may not be used in connection with any product or service that is not provided by Element Payment Services, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Element Payment Services, Inc.

 

All other trademarks displayed on Utility Data Systems of Texas, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Utility Data Systems of Texas, LLC.

 

 

14.  Notification of Claimed Copyright Infringement

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, http://www.udsoftexas.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

 

By Mail

Utility Data Systems of Texas, LLC

7548 Preston Road, Ste 141

PMB 241

Frisco, TX  75034

By Telephone: (318) 388-0920

By Email: support@udsinc.com

 

15.  Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Utility Data Systems of Texas, LLC, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.