Please review our Terms & Conditions below;

In consideration of the obligations herein made and undertaken, the parties, intending to be legally bound, covenant and agree as follows:

BookFella.com services are provided to you under the terms and conditions of this User Agreement. BookFella.com reserves the right to change or modify any or all parts of the User Agreement at any time.

By accepting the terms and conditions of the User Agreement the Customer represents and warrants that they are 18 years of age or older; agree to provide accurate, current and complete information about themselves as prompted by the account registration. If any information provided by the Customer is not accurate, current and complete, BookFella.com has the right to terminate the Customer’s account and/or refuse any and all use of our services. Acceptance of the terms contained herein are acknowledged by the Customer completing our account registration and submitting the registration.

1. SCOPE OF SERVICES & WARRANTIES:

1.1. BookFella.com offers hosting services for web sites and online shopping carts on the World Wide Web and may provide you with access to customized software to facilitate the creation and maintenance of an online shopping cart for the sale of goods or services. BookFella.com also may provide as part of this agreement, web based content management software for the purpose of maintaining and modifying the Customers web site web pages. There are no fees charged for the use of GPL software and it is understood that said software is available to Customer under the GPL licensing agreement. Charges will apply to hosting, customization and related services.

1.2. BookFella.com hereby grants the Customer a non-exclusive, non-transferable license to use specified custom software owned and developed by Bookfella.com on the server administered by BookFella.com for the sole purpose of maintaining a web site and/or online store on that server. The Customer is not being granted any right to copy any custom software or to use it on computers other than a server administered by BookFella.com with the exception of any GPL licensed software, which the customer may use as long as they adhere to the terms of the GPL license. The Customer will receive a copy of the standard (non-customized code). BookFella.com does not commit to support any particular browsing platform. BookFella.com reserves the right at any time to revise and modify the software on its servers, release subsequent versions and to alter features, specifications, capabilities, functions, and other characteristics of the software.

1.3. The Customer acknowledges and agrees that they will be responsible for all goods and services offered at their web site, all materials used or displayed at their online store, and all acts or omissions that occur on their web site or in connection with their account or password. Furthermore the Customer represents and warrants that they have full power and authority under all relevant laws and regulations to offer and sell the goods and / or services at their online store, including but not limited to holding all necessary licenses from all necessary jurisdictions. Furthermore, the Customer acknowledges that they will be solely responsible for any and all data, customer information, inventory data, mailing lists and the like and that BookFella.com will not be held liable in any way for loss of or interruption of access to such data. Furthermore the Customer will indemnify and hold harmless BookFella.com and the agents and assigns from any business loss or interruption of business that may be a result of any software, products or services provided by BookFella.com. Furthermore the Customer is responsible for all data contained on their web site. Bookfella.com cannot be held responsible for any damaged or lost Customer data. We recommend that all users perform off-site backups of their sites for their own protection.

1.4. BookFella.com reserves the right to refuse to host or continue to host any web site which it believes, in its sole discretion violates the letter or spirit of the User Agreement.

1.5. The Customer agrees to display somewhere in their web site contact information which may include but not be limited to company name, company address, company telephone number and email address.

1.6. BookFella.com will provide a user account and password for the Customer to use for accessing, maintaining and editing the Customers web account. The Customer acknowledges that they are entirely responsible for any and all activities that occur under their supplied account and password and that said account and password may also be accessible to BookFella.com, their agents or assigns for the purpose of supporting contracted software and services.

1.7 The Customer agrees any a ctivity, which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid.

1.8 Any customer web site that creates excessive server utilization, which includes but is not limited to; CPU utilization, memory usage, and/or network resources must either terminate their agreement with Bookfella.com and suspend activity or purchase at the Customers option a dedicated server package or purchase additional services package(s). The determination of what levels of utilization constitute excessive utilization remain at the sole discretion of Bookfella.com as well as the options or remedies presented to the Customer upon such determination.

1.9 Multimedia files are defined as any graphics, audio, and video files. Customer accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

2. TERM OF AGREEMENT, FEES, EXPENSES, AND PAYMENT

2.1. The term of the User Agreement shall commence on the date that you open an account for your bookstore. The term shall automatically renew for successive periods, unless notice of non-renewal is provided. To qualify for each renewal you must at the time of renewal be in compliance with the terms and conditions of the User Agreement and have your fees paid in full. BookFella.com shall have the right, but not the obligation, to review any bookstore for compliance with the user agreement as part of the renewal process.

2.2. You, the Customer shall pay BookFella.com a fee as set forth in the BookFella.com fee schedule. All such fees are payable in U.S. dollars to BookFella.com and shall be charged on the first day of the month for each subscription period. BookFella.com may upon 30 days prior notice to you alter its fee schedules and terms of the User Agreement. Credit card payments will be charged to Bookfella.com’s account via PayPal on your credit card statement.

2.3. Either party, in its sole and absolute discretion, may give notice of non-renewal with or without cause and without stating any reason. Any notice of non-renewal must be given in writing at least thirty (30) days prior to the end of the term of any existing contract or agreement.

2.4. Either party may terminate the User Agreement if the other party has materially breached or is otherwise not in compliance with any provision of the User Agreement. BookFella.com reserves the right to immediately suspend any customer access to the online services provided by BookFella.com and their assigns, until noncompliance is cured.

2.5. Notwithstanding the foregoing, BookFella.com may, but has no obligation to, immediately terminate the Customer’s account and remove any and all files and or data in whatsoever format it may reside on supplied BookFella.com servers if BookFella.com in its sole discretion concludes that the Customer is engaged in illegal activities or the sale of illegal or harmful goods or services, or are engaged in activities or sales that may damage the rights of BookFella.com or others. Upon termination, BookFella.com reserves the right to delete from its servers any and all information contained in your account, including but not limited to order processing information, mailing lists, and any web pages generated by the any supplied software.

3. PROPRIETARY INFORMATION

3.1. The Customer shall not attempt to gain unauthorized access to any servers of any kind that are administered or controlled by BookFella.com, other than through the specific account provided to the Customer by BookFella.com. Violations of system or network security are prohibited, and may result in criminal and civil liability. Interference with service to any user on our servers or otherwise, host or network is strictly prohibited. Examples might include but are not limited to; broadcast attacks, forging of TCP-IP transmissions, deliberate attempts to overload a system, mail bombing and flooding. Spamming, or the sending of mass unsolicited email, from or through a Bookfella.com server or using an email address that is maintained on a Bookfella.com server is STRICTLY prohibited.

3.2. You, the Customer acknowledge that BookFella.com at its sole discretion will have the right to access the server and or storage device where the Customer maintains data which includes but is not limited to order processing information, mailing lists, and any web pages generated by the any supplied software. BookFella.com will use this access to maintain support of services and software supplied by BookFella.com or for reason. You, the Customer also acknowledge and agree that BookFella.com may access your account and its contents as necessary to identify or resolve technical problems or respond electronically to problems with the service.

3.3. You, the Customer represent and warrant that you have full power and authority under all relevant laws and regulations to offer and sell the goods and services offered at the Customers online store, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the provided store. The Customer also acknowledges that they have or have obtained rights to copy and display the materials used or displayed on pages within the web site provided by BookFella.com.

3.4. You, the Customer represent and warrant that you will not engage in any activities that constitutes or encourages a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;
that defames, impersonates or invades the privacy of any third party or entity; that infringes upon the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others.

3.5. You, the Customer agree that BookFella.com may disclose your information in the good faith belief that such action is reasonably necessary to comply with the law or to comply with legal processes.

4. GENERAL PROVISIONS

4.1. The Customer is responsible for obtaining and maintaining all telephone, computer hardware or any other equipment needed for your access to and use of your online web site and related services.

4.2. You, the Customer agree to indemnify and hold harmless BookFella.com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of the service, the goods or services offered at your store, any alleged violation of the user agreement, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your store.

4.3. The service and software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of your ability, fitness for a particular purpose or non-infringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the online bookstore services will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. BookFella.com and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if BookFella.com is aware of the risk of such damages, that result in any way from your use or inability to use the online bookstore services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the online bookstore or the software. BookFella.com’s liability to you shall not, for any reason, exceed the aggregate payments actually made by you to BookFella.com. Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above exclusions may not apply to you.

4.4. You can obtain assistance with any technical difficulty that may arise in connection with your use of the software or other services by requesting assistance by logging in at www.BookFella.com/CustomerService.

4.5. You agree not to resell or assign or otherwise transfer your rights or obligations under the User Agreement without the express written authorization of BookFella.com.

4.6. The User Agreement and the relationship between you, the Customer and BookFella.com shall be governed by the laws of the state of California without regard to its conflict of law provisions. BookFella.com’s failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.