NewspaperARCHIVE.com Service Terms and Conditions

PLEASE READ CAREFULLY AND THOROUGHLY. This NewspaperARCHIVE.com Service Terms and Conditions (Agreement) is a LEGALLY BINDING CONTRACT between you (including each user, subscriber, free trial user, free subscription user, or purchaser of any NewspaperARCHIVE.com product in which a fee is required) ("You" and "Your") and Heritage Microfilm, Inc. and its subsidiaries, third party suppliers and affiliates ("We," "Us," or "Our"). By checking the box next to "I have read and accept The Terms, Conditions, & Cancellation Process", you are signifying that you have read this Agreement, that you understand this Agreement, and you agree to be bound by all of the terms of this Agreement.

This Agreement presents your rights and obligations as a responsible user regarding your subscription and use of the NewspaperARCHIVE.com Service and Content that you have chosen to utilize, including, but not limited to, access to any Service, Content and/or Material provided by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates. As used herein, "Services" includes all versions of any and all documents, images, written material, code and software, and any and all other services or products offered by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates. IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS IN THIS AGREEMENT, YOU SHOULD NOT CHECK THE BOX NEXT TO "I have read and accept The Terms, Conditions, & Cancellation Process". IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS IN THIS AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE THE SUBSCRIPTION REGISTRATION PROCESS, YOU WILL BE BOUND TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement is an addition to any and all Heritage Microfilm, Inc. and/or its subsidiaries', third party suppliers' or affiliates' legally binding documents pertaining to use of the Service, Content, and/or Materials owned and distributed by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates. By checking the box next to "I have read and accept The Terms, Conditions, & Cancellation Process, you not only agree to the terms set within this document, but you affirm your consent to the above listed legal agreements so forth.

1. Enrollment in the Services

In exchange for relevant fees, and subject to certain limitations as described within this Agreement, you will be granted the right to use the Service, and download any Content available within the Service to which you subscribe on the terms specified during the subscription registration process. You will have access to any Content and/or Materials, including, but not limited to those supplied by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates.

In order to access the Service(s), you must possess the hardware and/or software or third party Application required to use the Service, and be connected to the Internet.

Any and all information you provide to us will be governed by the Privacy Policy, as it may be updated by us on occasion.

1.1 Subscription Registration Information

As part of the Subscription Registration process, you must provide Heritage Microfilm, Inc. and/or its subsidiaries or affiliates with accurate, complete and updated registration information. Failure to do so will breach this Agreement and your Subscription will be terminated by us and our sole discretion. You must provide a Subscriber name ("Username") and password that is unique to you and know by you and you alone. You may not (1) select or use a name of another person with the intent to impersonate that person; (2) use the Rights of any person other than yourself without authorization; (3) use a name that we, in our sole discretion, deem offensive.

Registration as a user of or subscriber to any of the Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates results in the storage and processing of your Subscription information. By registering with any or all of the Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates, you give your consent for your Subscriber information to be stored and processed. At any time, you may access your Subscriber information to confirm and/or correct the information in order to keep current the information specified within this Agreement.

All Services and Content blanketed under the Service(s) are owned and distributed by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates operating in the United States of America and adhere to the laws of the United States of America. Access to the Service(s) is governed by the terms and conditions of the Agreement under the laws of the State of Iowa and the United States of America. For users and/or Subscribers who reside outside of the United States of America, you agree to comply with the terms and conditions contained in this Agreement as well as the laws of the United States of America.

By subscribing to, using or accessing any and all Service(s), Content and/or Materials, you are representing to us that you are authorized to use and make purchases with the credit card you submit for payment. If you are a parent or guardian paying on behalf of a minor or other person, you hereby agree to the terms and conditions contained within this Agreement and agree to accept full responsibility for the actions of said person, any and all charges associated with said person’s use of the Service(s), Content and/or Materials, as well as said person’s compliance with the Agreement.

1.2 Unauthorized Use

You must be 18 years of age or older to subscribe to the Service(s). As a responsible adult user and/or subscriber of the Service(s), you agree that you take full responsibility for all usage or activity conducted with/on/or in reference to any and all Service(s) referred to in this Agreement. Unauthorized distribution of your Subscription information, including, but not limited to, Username and/or password to any or all of the Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates is strictly prohibited and shall constitute a breech of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may, in our sole discretion, be grounds for termination of your Subscription account to any and/or all Service(s) referred to in this Agreement, in addition, Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates reserve the right to refer any activity deemed suspect to the appropriate law enforcement agencies.

You, as a responsible adult user and/or subscriber of the Service(s) agree that it is your sole responsibility to notify Heritage Microfilm, Inc. of any known or suspect unauthorized or inappropriate use(s) of your account, any known or suspected breach of security, including, but not limited to, loss, theft and/or unauthorized disclosure of you Subscription information, including, but not limited to, credit card information, Username and/or password. You agree, as a responsible adult user, that you are solely responsible for maintaining the confidentiality of your Username and/or Password. You will never be required to reveal your password to any representative or agent of Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates.

2. Terms, Fees and Payments

2.1. Relevant fees for Service(s), Content and/or Materials distributed by Heritage Microfilm, Inc. and its subsidiaries, third party suppliers or affiliates may include a periodic (e.g. monthly, quarterly or annual) subscription fee based on the particular Service(s) requested, in addition, any other applicable fees including, but not limited to, transaction fees, taxes or shipping. All fees are billed in advance, automatically recur and surcharges may apply dependent on your preferred method of payment. ALL CHARGES ARE NON-REFUNDABLE.

2.1.1 Free Trial Period

Heritage Microfilm, Inc. and/or its subsidiaries occasionally offer one-time, "Free Trial Period" during which we allow you to try said Service(s) prior to your paying subscriber status. Any Free Trial Period offered as a promotion or otherwise must be used within the specified time of the promotion. The length of any said Free Trial Period relevant to any or all Service(s) may vary and will be specified at the time of your Subscription. As a responsible adult user and/or subscriber, you understand and take sole responsibility in taking appropriate actions in regards to canceling, upgrading or changing said Service(s) during the active time duration of the Free Trial Period.

We require a valid credit card to verify the identity of customers and help us protect copyrighted content on NewspaperARCHIVE.com. In order to confirm that your credit card is valid, we must "authorize" your card by placing a hold for the amount of US $1.00. This charge will not be billed to your account; however, the amount will be held for 3 to 10 days, depending upon the card issuer.

If you decide to terminate your Subscription prior to the expiration of the Free Trial Period, you will not have any financial obligation with respect to your Subscription, and you will not be billed and/or charged for your use of said Service(s). You agree, as a responsible adult user and/or subscriber, that it is your sole responsibility to terminate your Subscription prior to the expiration of the Free Trial Period. If you do not terminate your Subscription prior to the expiration of the Free Trial Period, you will be billed and considered a paying Subscriber to any and/or all Services applicable to your Free Trial Period. Failure to terminate your Subscription prior to the Free Trial Period expiration, signifies to us that you agree and warrant us to consider you an active paying Subscriber. If you terminate your Subscription after the Free Trial Period has expired, you will be charged for the applicable Service(s) and you will not be refunded for your Subscription in part or in full. ALL CHARGES ARE NON-REFUNDABLE.

All Service(s), Content and/or Materials accessed outside of the Free Trial Period limitations will maintain separate charges and you will be billed for said items above. All Free Trial Periods, unless otherwise specified, will terminate on the following day of said period at 12:01am, at which time your paid Subscription will be automatically billed and activated.

All users and/or subscribers may take advantage of one Free Trial Period during any given promotional period. Free Trial Periods are available during special free–trial promotions only and are not guaranteed to be active during your initial registration, unless stated within the plan description on the subscription page. In addition, Free Trial Periods are limited to one per credit card.

2.2 Subscription Payment Responsibilities

By registering for any and/or all Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries you agree to the terms and conditions included in the Agreement and take sole responsibility for your subscription and agree to the terms and conditions of the Agreement. By registering you are implicating that you agree to provide Heritage Microfilm, Inc. and/or its subsidiaries, third party providers or affiliates with accurate, up-to-date information, including, but not limited to, full name, current address, current phone number, credit card number and/or other method of payment information. In addition, you agree to pay Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates for all charges incurred under your Subscription account, including, but not limited to, applicable taxes, fees and surcharges. By registering, you authorize Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates to bill your designated method of payment for these charges, applicable to Service(s), Content and/or Materials you have chosen. If Heritage Microfilm, Inc. does not receive payment for said Service(s), Content and/or Materials, you, as a responsible adult user and/or subscriber agree to pay all amounts due upon demand by Heritage Microfilm, Inc. and/or its subsidiaries.

By using the Service(s) at any and all times you reaffirm that (1) Heritage Microfilm, Inc. and/or its subsidiaries, are authorized to charge your designated method of payment any charges that you accrue during said Subscription term; (2) Heritage Microfilm, Inc. and/or its subsidiaries are authorized to submit charges incurred under your Subscription account for payment; and (3) you are solely responsible for said charges, even if your paid Subscription is cancelled or terminated by either you or us. As a responsible adult user and/or subscriber, you understand and agree that it is your sole responsibility to research and review this Agreement as well as the Service(s) you are subscribing for, making sure you completely understand and agree with the terms and conditions contained within this Agreement and you have full awareness of the Service(s) and what is or is not offered.

By registering for any or all Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries, you agree to the terms and conditions included in the Agreement and take sole responsibility for all charges incurred under your Subscription account, including, but not limited to, applicable taxes, fees, surcharges and/or purchases made by you or any other person you authorize to use your Subscription account, including, but not limited to, family, friends, children and/or co-workers. As a responsible adult user and/or subscriber, you agree that it is your sole responsibility to notify Heritage Microfilm, Inc. and/or its subsidiaries about any billing problems, discrepancies and/or potentially fraudulent activity. You must notify distributed by Heritage Microfilm, Inc. and/or its subsidiaries within 90 days of said issues first appearing under your Subscription account. If you do not notify distributed by Heritage Microfilm, Inc. and/or its subsidiaries within 90 days, you agree that you waive our right to dispute said problems and you do not hold Heritage Microfilm, Inc. and/or its subsidiaries, third party suppliers or affiliates responsible.

If payment is not received for any reason, including but not limited to, insufficient funds, declined credit card and/or cancelled credit card, your account will not be cancelled. YOU MUST TAKE THE PROPER STEPS, OUTLINED IN SECTION 2.5 TO CANCEL YOUR ACCOUNT AND CEASE RECURRING BILLING. If payment is not received for any reason your account will continue to accrue applicable charges for 90 days or until your account is properly cancelled, by you, the responsible adult user and/or subscriber. Upon the 90 day termination of accrual, your account information and all accrued fees, including but not limited to late charges, surcharges, attorney and Subscription fees will be transferred to a collection agency and reported to the credit bureau. By registering for any or all Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries you agree and accept full responsibility for any and all charges accrued under your Subscription account and agree to pay them in full when requested by Heritage Microfilm, Inc. and/or its subsidiaries. Heritage Microfilm, Inc. and/or its subsidiaries reserves the right to assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due.

2.3 Automatic Subscription Renewal

If you decide to terminate your Subscription prior to the 72 hours before the scheduled renewal of your Subscription, you will not have any financial obligation with respect to your Subscription, and you will not be billed and/or charged for your use of said Service(s). You agree, as a responsible adult user and/or subscriber, that it is your sole responsibility to terminate your Subscription prior to 72 hours before the scheduled renewal of your Subscription. If you do not terminate your Subscription prior to 72 hours before the scheduled renewal of your Subscription, your Subscription will be automatically renewed. Failure to terminate your Subscription prior to 72 hours before the scheduled renewal of your Subscription, signifies to us that you agree and warrant us to continue to consider you as an active paying Subscriber. If you terminate your Subscription within the 72 hour period before the scheduled renewal of your Subscription, you will be charged for the applicable Service(s) and you will not be refunded for your Subscription in part or in full. ALL CHARGES ARE NON-REFUNDABLE.

At the time of your renewal, your designated payment method will be billed our then-current fees for the applicable Subscription. Heritage Microfilm, Inc. and/or its subsidiaries reserve the right to modify, change and/or discontinue any and/or all Subscription levels on Service(s), Content and/or Material at any time without notification. By subscribing to any or all Service(s), you agree that you are solely responsible for your Subscription account and you understand and agree with all of the terms and conditions within this Agreement.

2.4 Your Subscription Renewal Billing Date

Your designated method of payment will automatically be billed for the renewal term of Service(s) you have chosen through your Subscription. Your billing date is available through "My Account". If the activation date of your Subscription falls on the 29th, 30th or 31st day of the month and your proper billing date does not exist during that month because there are fewer than 31 days within the given month, your designated method of payment will be billed on the last day of the month in which your proper Billing Date would normally be.

2.5 Early Termination

Some Subscription levels of the Service(s) distributed by Heritage Microfilm, Inc. and/or its subsidiaries may be based on your commitment to subscribe for a minimum amount of time, e.g. three months or twelve months. Such minimum commitment is based upon your Subscription billing date, and may or may not fall at the beginning or the end of a particular calendar month. In the event of early termination, you agree, as a responsible adult user and/or subscriber, that Heritage Microfilm, Inc. and/or its subsidiaries may incur costs associated in the value of said Subscription agreement in whole. Therefore, in the event of early termination for any reason, including but not limited to, credit card expiration, credit card decline, non-sufficient funds, voluntary and/or by us, you agree and accept sole responsibility for any charges that may incur under this Agreement. To cease the automatic billing on your account, you understand that you must properly cancel the account by following the instructions provided below. ALL CHARGES ARE NON-REFUNDABLE.

If you wish to cancel, please follow one of two cancellation options:

1. Cancel online by logging into "My Account" and clicking the "Edit Account Info" button located under your account information. This will show your account information where you can choose "Membership Options", and begin your online cancellation.
2. Download and fax the cancellation request form to (319) 390-9442.

If you reside outside the United States, you may also choose to mail your completed cancellation request form to:

NewspaperARCHIVE.com
4069 21st Ave. S.W.
Cedar Rapids, IA 52404

Within 48 hours of receipt, cancellation will take effect. You will receive a confirmation e-mail after your request has been received and processed. NewspaperARCHIVE does not refund an account for unused time. Please be aware that any recurring charges made prior to your cancellation will not be refunded. Your credit card will be billed if your cancellation request is not received prior to your account's renewal date or before the end of a Free Trial Period.

2.6 Subscription Upgrades

At any time during your active Subscription, you may choose to upgrade your subscription level to a more cost-efficient, long-term option. You are able to upgrade you subscription by going to "My Account" and select the "Change Membership" option, or contact Customer Service directly. In some cases, you may be required to contact Customer Service to make some changes to you Service(s).

Occasionally, Heritage Microfilm, Inc. and/or its subsidiaries may implement a special upgrade promotion that may require you to contact Customer Service. You understand that upon receiving one or more of these special offers, it is your sole responsibility to contact Customer Service to take advantage of these offers.

If you make changes to your Subscription(s), your new upgrade package will not take effect until the end of your current subscription term.