Terms of Service Agreement and Acceptable Use
PART I: APPLICABLE TERMS
These StoreFront.net StoreFront Web Hosting Terms of Service comprise a
legal agreement between YOU and StoreFront.net and govern YOUR use of
StoreFront.net's StoreFront Web Hosting Services.
BY
PURCHASING StoreFront.net'S STOREFRONT WEB HOSTING SERVICE YOU AGREE TO
BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL
TERMS, AS MODIFIED FROM TIME TO TIME. If YOU do not agree to these
Terms of do not purchase or use the StoreFront.net's StoreFront Web
Hosting Services.
The StoreFront.net StoreFront Web
Hosting Service include a wide variety of resources including web
sites, web pages, email, domain address and other services operated by
StoreFront.net and its affiliates and of various products and services
which are provided by StoreFront.net, its affiliates or third party
service providers. These products and services will be collectively
referred to in these Terms of Services as the "SERVICES." The terms
"CUSTOMER", "YOU" and "YOUR" means YOU, YOUR Company, YOUR Employees,
and anyone who has access to use YOUR SERVICES account and will be
referred to in these Terms of Services as "YOU." YOU must be at least
eighteen (18) years of age to subscribe to and use any of the SERVICES.
Each
applicable element or part of these SERVICES may have other posted
guidelines or rules (the "Additional Terms"). All such Additional Terms
are incorporated by reference into these Terms of Service.
The
SERVICES are offered to YOU on the condition that YOU accept these
Terms of Service and any Additional Terms as may be published from time
to time without modification. YOU agree to familiarize yourself with,
and to regularly review, the Terms of Service, and any other terms and
guidelines that may be published from time to time and abide by them if
YOU choose to use the SERVICES, or accept the products, services or
benefits, to which such terms apply. StoreFront.net reserves the right
to change any of the Terms of Service and any Additional Terms at
anytime without notice. If StoreFront.net makes a material change to
the Terms of Service, StoreFront.net will give YOU notice by email at
the email address which YOU use administrative email account for
SERVICES account thirty days before such change is scheduled to take
effect. If YOU continue to use the SERVICES after any such changes,
YOUR continued use will constitute YOUR consent to such changes.
Any rights not expressly granted herein are reserved by StoreFront.net.
In
addition, YOUR account information and other information about YOU is
subject to our Privacy Statement located at
http://www.storefront.net/privacy.asp.
If YOU do not have
print capability or otherwise desire to obtain a hard copy of these
Terms of Service, please send an email to hosting@storefront.net
requesting a hard copy. YOU may also click on the link to "Terms of
Service" or "Terms of Use" at the bottom of each page of the StoreFront
web site for copy of these Terms of Service, which may be printed and
saved through the printing and saving capability of YOUR browser and
printer.
YOUR WARRANTIES
By subscribing to any
service offered on the StoreFront site, YOU make the following
representations and warranties. StoreFront.net shall have the right to
terminate YOUR SERVICES account, without notice at any time, if any
representation warranty made by YOU proves to be untrue in any respect.
YOU represent and warrant that:
YOU and all users of the SERVICES approved by YOU are at least eighteen
(18) years of age; YOU have the legal capacity and authority to;
(a) enter into binding contracts for the sale and purchase of goods and services,
(b) be bound by these Terms of Service and the Additional Terms,
(c) to subscribe to and use the SERVICES, including, where applicable,
the buying, selling and listing of items, in accordance with these
Terms of Service and any Additional Terms and
(d) if YOU are acting in a corporate capacity, to bind YOUR company;
YOU will not use the SERVICES for any purpose that is unlawful, or
prohibited by these Terms of Service or the Additional Terms (as may be
modified from time to time); All information supplied by YOU or by
others using YOUR account is true and accurate, including information
submitted as part of the registration, account and billing process; Any
products or services advertised, sold or otherwise distributed by YOU
on or in connection with YOUR use of the SERVICES are legal for sale or
distribution; that YOU have all licenses necessary to sell or advertise
the goods or services offered for sale or distribution and that all
sales and advertisements will be in compliance with applicable law; and
YOU have and control all of the intellectual property, proprietary and
similar rights necessary for all material used by YOU in connection
with YOUR use of the SERVICES, all submissions, and all products and
services sold or otherwise distributed by YOU or on YOUR behalf via the
SERVICES provided by StoreFront.net.
By
using the SERVICES, YOU agree that YOU will defend and indemnify
StoreFront.net and its suppliers from any third party claim related to
a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE SERVICES
The SERVICES are provided to assist YOU with the operation of YOUR
business. YOUR right to use the SERVICES is limited to YOU, and YOUR
company and its employees. YOU are solely responsible for YOUR content
and YOUR use of the SERVICES and YOUR SERVICES account.
StoreFront.net
reserves the right, but is not obligated, to monitor or to review
materials posted to Web Sites operated as a part of YOUR SERVICES and
to monitor YOUR compliance with these Terms of Service and the
Additional Terms. StoreFront.net reserves the right in its sole
discretion to edit, refuse to post or remove any information or
materials which violate these Terms of Service or the Additional Terms
in whole or in part, without notice at any time. YOU may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products, services or benefits obtained from the
SERVICES, except as expressly provided herein. YOU may not use a name
in connection with operating YOUR SERVICES that is confusing or
misleading, or otherwise impersonate or deceive anyone with respect to
YOUR identity. YOU may not restrict or inhibit any other user from
using and enjoying such user's rights in SERVICES. YOU may not
interfere with or disrupt the SERVICES or servers or any network
connected to SERVICES. YOU may not use the SERVICES or the products or
services provided through or in connection with the SERVICES to:
1.
rent, lease, license, grant a security interest in, or otherwise
transfer or sublicense YOUR rights hereunder to any third party;
2. defame, libel, slander, impersonate, abuse, harass, threaten, invade
the privacy of or otherwise violate or infringe the legal rights
(including the rights of privacy and publicity) of any other person;
3. conduct, promote or forward illegal contests, pyramid schemes, chain
letters, unsolicited or unauthorized advertising, promotional
materials, unsolicited e-mail ( including "spamming") or multi-level or
illegal marketing campaigns;
4. harm minors in any way;
5. publish, post, distribute, disseminate, advertise or link to any:
(i) content, site, topic, name, material or information which is
illegal, inappropriate, profane, defamatory, libelous, slanderous,
infringing, obscene, indecent, or which contains nudity or adult
content;
(ii) software, content or other material protected by intellectual
property laws, copyright licenses, rights of privacy or publicity, or
other proprietary rights, unless YOU own, or control such rights or
have received all necessary consents for YOUR publication,
distribution, or linking of such software and other materials;
(iii) software, content or other material that contains viruses, worms,
corrupted files, cracks or that may or are intended to damage the
operation of or render inoperable another's computer, hardware,
software, security measures or system or other programs written to
defeat the security measures of any computer, system or programs;
(iv) software, content, other material or Web site that constitutes
"hate speech", whether directed at an individual or a group, and
whether based upon the race, sex, creed, national origin, religious
affiliation, sexual orientation or language of such individual or group;
6. sell, offer to sell, distribute, promote, facilitate, disseminate or
link to any sites or marketing, sales, promotion, facilitation or
distribution of: firearms; explosives; ammunition; liquor; tobacco
products; illegal gambling (including gambling in connection with
sporting events); food that is not packaged or does not comply with all
applicable laws for sale to consumers by commercial merchants; illicit
drugs, pharmaceuticals and controlled substances; counterfeit, pirated
or stolen goods; any goods or services that infringe or otherwise
violate a third party's rights including copyright, patent, trademark,
or rights of publicity or privacy; goods that are considered indecent,
obscene or pornographic; Nazi memorabilia; registered or unregistered
securities; goods or services that YOU cannot legally sell; goods which
are misrepresented or which do not in fact exist; fraudulent goods;
goods, services or activities that if sold via any of the SERVICES or
YOUR web site would cause StoreFront.net to violate any law, statute or
regulation; or any other illegal activity;
7. harvest or otherwise collect information about third parties,
including e-mail addresses, without the express consent of such third
parties;
8. violate any applicable government laws or regulations. YOU may not
reproduce or redistribute any Software, as that term is defined in the
Section entitled "Software Available on the SERVICES." YOU may not copy
or reproduce the Software to any other server or location for further
reproduction or redistribution. YOU may not decompile, disassemble,
reverse engineer or otherwise attempt to discover any trade secret
contained in the SERVICES, or in any product, service or Software
provided through the SERVICES.
The
information provided by StoreFront.net to YOU may be proprietary in
nature. YOU agree not to share any information provided to YOU by or on
behalf of StoreFront.net with any third party.
TERMS RELATED TO FEES, PRICING AND BILLING
FEES
Some products and services available through or in connection with
SERVICES require that YOU purchase a account or otherwise pay a fee.
YOU are solely responsible for all charges, fees, duties, taxes, and
assessments arising out of any use of YOUR SERVICES account by YOU or
anyone else using YOUR account. StoreFront.net reserves the right to
modify the fees charged for SERVICES products and services from time to
time, provided that such new fees shall not take effect earlier than
thirty (30) days after StoreFront.net notifies YOU via email or
otherwise of such modified fees.
PRICING
Prices for all Products exclude all applicable taxes and
telecommunication charges, unless expressly stated otherwise. To the
extent permissible by law, YOU agree to be responsible for any
applicable taxes and telecommunication charges, whether or not such
amounts are itemized on YOUR Online Statement or charged to YOUR
Billing Account or Payment Method.
The
price on YOUR SERVICES Checkout page for products, services and items
obtained through the SERVICES (the "Products") reflects the most recent
price displayed on the item's product detail page. Please note that
this price may differ from the price shown for the Product when YOU
first placed it in SERVICES Checkout (e.g. YOU place an item in the
SERVICES checkout, but YOU waited several days before submitting the
order and the price changed between placing the item in SERVICES
checkout and submitting the order). We cannot confirm the price of a
Product until YOU submit YOUR order; however, we do NOT charge YOUR
Billing Account until YOUR order completes the SERVICES Checkout
process. Despite our best efforts, a small number of Product items may
be mis-priced or the offer has expired and the following will apply:
1. If a Product's correct price is lower than our stated price, we charge YOU the lower amount.
2 If a Product's correct price is higher than our stated price, we
will, at our discretion, either contact YOU for instructions or cancel
YOUR order and notify YOU of such cancellation.
BILLING
CHARGES ON YOUR BILLING ACCOUNT
StoreFront.net
bills YOU through an online account (YOUR "Billing Account") for
Products. YOU agree to pay StoreFront.net all charges at the prices
then in effect for any Products ordered by YOU or other persons
(including YOUR agents) using YOUR Billing Account, and YOU authorize
StoreFront.net to charge YOUR chosen payment method (YOUR "Payment
Method") for such Products. YOU agree to make payment using that
selected Payment Method. Charges on YOUR Billing Account will be
summarized for YOU online (YOUR "Online Statement"). YOU will have one
Online Statement per Billing Account. StoreFront.net reserves the right
to correct any errors or mistakes that it makes even if it has already
requested or received payment.
YOU MUST PROVIDE CURRENT,
COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO
RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION
TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A
CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD
EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY StoreFront.net IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME
AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED
DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE
StoreFront.net ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT
StoreFront.net MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER
YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR SUCH
PRODUCT (CONFIRMED IN WRITING UPON REQUEST).
Currency
exchange settlements will be based on YOUR Payment Method and may be
determined by agreements between YOU and the financial institution,
credit card issuer or other provider of YOUR chosen Payment Method (the
"Payment Method Provider"). If StoreFront.net does not receive payment
from YOUR Payment Method Provider, YOU agree to pay all amounts due on
YOUR Billing Account upon demand. If the amount to be charged to YOUR
Billing Account varies from the amount YOU preauthorized, YOU have the
right to receive, and StoreFront.net shall so provide, notice of the
amount to be charged and the date of the charge at least 10 days before
the scheduled date of the transaction. Any agreement YOU have with the
Payment Method Provider will govern YOUR use of YOUR Payment Method.
YOU agree that StoreFront.net may accumulate charges incurred and
submit them as one or more aggregate charges during or at the end of
each billing cycle.
StoreFront.net MAY SUBMIT PERIODIC
CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL
YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU
HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT
METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE
StoreFront.net REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION,
GO TO http://support.storefront.net/customerservice/.
YOUR
non-termination or continued use of the Products on YOUR Billing
Account reaffirms that StoreFront.net is authorized to charge YOUR
Payment Method. StoreFront.net may submit those charges for payment and
YOU will be responsible for such charges. Those submissions will not
waive StoreFront.net's right to seek payment directly from YOU. YOUR
charges may be payable in advance, in arrears, per usage, or as
otherwise described when YOU initially ordered the applicable Product.
All
SERVICES sold as “12 Month Plans”, including but not limited to PowerOn
and PowerUp dedicated hosting solutions, require a 12 month commitment.
YOU agree that if you subscribe to these services, cancellation prior
to the 13th Month will result in YOU being billed for any remaining
months in your 12 month contract. YOU agree to accept these charges.
ONLINE STATEMENT
YOUR
Online Statement will be available monthly. Subject to applicable law,
YOU agree that the Online Statement is the only statement of YOUR
Billing Account that StoreFront.net needs to provide to YOU. YOU ALSO
AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR STORE A COPY OF YOUR
ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. While YOU
may request a paper copy of YOUR Online Statement, YOU will be charged
a retrieval fee.
StoreFront.net will use commercially
reasonable efforts to correct any technical failures relating to an
Online Statement within a reasonable time; however, YOUR inability to
view an Online Statement does not extend, or relieve YOU of, YOUR
obligation to pay any amounts owing to StoreFront.net. Unless YOU
notify StoreFront.net of any error within 120 days after it first
appears in any Online Statement, such statement will be deemed accepted
by YOU for all purposes, including resolution of inquiries made by YOUR
Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE
StoreFront.net FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING
FROM ANY ERROR THAT IS NOT REPORTED TO StoreFront.net WITHIN 120 DAYS
AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.
DUE DATE; LATE CHARGE; COLLECTION COSTS
The
amount due to StoreFront.net for YOUR Billing Account must be paid in
full by YOUR Payment Method Provider on the date such payment is
requested by StoreFront.net, not later than 30 days after the billing
date; YOU are not entitled to carry forward a balance. YOU agree to pay
late charges that may be assessed by StoreFront.net on amounts due but
not timely paid. The late charge will be 1.5% per month (or 18% per
annum) on the total amount due but not paid; but if such rate is in
excess of any allowable rate under applicable laws, then YOU will
instead be charged the maximum rate that is permitted by law.
StoreFront.net reserves the right to refer YOUR Billing Account to a
third party for collection in the event of default. YOU agree to pay
all costs incurred in the enforcement of these Terms of Use and in
collection of any delinquent amounts due, including reasonable
attorneys' fees and costs.
DEFAULT
If
StoreFront.net does not receive payment for any charge to YOUR Billing
Account, YOU will be in default and StoreFront.net may suspend or
cancel YOUR Billing Account and YOUR access to any or all
StoreFront.net Products. If YOUR Payment Method Provider seeks return
of payments previously made to StoreFront.net, but StoreFront.net in
good faith believes that YOU are liable for the charge and applicable
law allows the Payment Method Provider to seek payment from YOU, YOU
will also be in default and StoreFront.net may cancel YOUR Billing
Account and YOUR access to any or all Products. CANCELLATION OR
SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON
SUCH CANCELLATION OR SUSPENSION, StoreFront.net MAY STOP DELIVERY OF
ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A StoreFront.net
SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
REFUNDS AND CANCELLATIONS
Software
StoreFront software is eligible for a full refund if requested within
30 days from the date the software is delivered, either digital or hard
copy. However, StoreFront software that includes the application source
code, StoreFront 6 XE and StoreFront Enterprise Editions for example,
are not eligible for refund due to the intellectual property exposed.
Many StoreFront products include one month of hosting and a
consultation with an e-business consultant. See the section below for
more information on services refunds.
Services
Refunds for unused professional services, minus a 20% administrative
fee, are provided if requested within 30 days of the order date.
Completed services will be billed at the full published rate in one
hour increments. The amount of services delivered is assessed by
StoreFront services personnel and is not negotiable. Setup service fees
are not refundable.
Hosting and Subscription Services
Recurring services can be cancelled with 10 business days notice. No
refunds will be provided for recurring hosting, marketing, or payment
services, including any pre-paid annual service plans.
Note:
Any products and services purchased through StoreFront Partners,
retailers or distributors, are not eligible. Products and services
resold by StoreFront may be subject to the cancellation and refund
policies set forth by the vendor.
To request a refund or service
cancellation, please complete the online Refund Request Form. A request
is not official until the form has been completed. A verbal or e-mail
request will not be considered a refund request. If any refund is due,
a StoreFront Return Materials Authorization (RMA) will be issued and
the refund will be processed within four to six weeks of receipt of the
completed RMA.
GENERAL
YOU
represent and warrant that YOU are an individual (or in the case of an
entity, an agent of the entity) authorized to use the designated
Payment Method. YOU agree to pay for all charges (including charges by
other persons) and to comply with YOUR responsibilities and obligations
as stated in these Terms of Service. If YOU are an agent of an entity
user, YOU represent and warrant that YOU are duly authorized to legally
bind the entity to all terms and conditions of these Terms of Service
and that YOU have made the entity aware of them. YOU agree not to
assign, transfer or sublicense any rights in YOUR Billing Account.
CHANGES TO SERVICES, TERMINATION BY SERVICES
StoreFront.net
may change any of the SERVICES at any time and from time to time
without notice, including terminating the offering of any SERVICES
service altogether. StoreFront.net may terminate YOUR account, YOUR
access to SERVICES or any of YOUR SERVICES (in whole or in part) at any
time, with or without cause, and with or without notice. YOU may be
barred from accessing any of YOUR SERVICES or from using the SERVICES
or from receiving any products, services or benefits from SERVICES, if
StoreFront.net determines YOU have violated these Terms of Service or
any Additional Terms, if YOU have failed to remit any applicable
account fees when due, if any representation or warranty made by YOU is
untrue in any respect or if StoreFront.net receives a court order or
other legal action relating to YOUR account. In addition, if YOU
violate any of these Terms of Service, or any applicable Additional
Terms YOU will forfeit all in-kind credits and any other amounts
accruing to YOU (if any) in connection with the SERVICES Network and
there will be no refund of any fees prepaid by YOU. If YOU subscribe to
a SERVICES which is made up of two or more individual services and YOU
violate the Terms of Service applicable to one of such individual
services, (1) YOUR use of the particular individual service will be
terminated, but the remaining services will remain active and (2) there
will be no refund (in whole or in part) of YOUR annual fee for the
SERVICES service terminated. YOU will be responsible for all fees
incurred during YOUR account and payment of such fees shall be due
immediately upon termination of YOUR account.
LINKS TO THIRD PARTY SITES
Links
within the SERVICES may let YOU leave the SERVICES. YOU acknowledge
that the linked sites are not under the control of StoreFront.net and
that StoreFront.net is not responsible for the contents or operation of
such linked sites or any link contained in such linked site, any
changes or updates to such sites, or Web casting or any other form of
transmission received from any linked site. StoreFront.net is providing
these links to YOU only as a convenience, and the inclusion of any link
does not imply endorsement by StoreFront.net of the linked site or any
association with their operators.
LICENSE YOU GRANT TO SERVICES
StoreFront.net
does not claim ownership of the materials YOU provide to StoreFront.net
(including feedback and suggestions) or that YOU post, upload, input or
submit in connection with YOUR use of SERVICES or any Web site ("YOUR
Web Site") created by YOU or on YOUR behalf in connection with the use
of SERVICES (collectively "Submissions"). However, YOU grant
StoreFront.net a royalty-free license to use (including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, sublicense and
reformat YOUR Submission, and to publish YOUR name in connection with
YOUR Submission) YOUR Submission only in connection with the operation
and promotion of SERVICES. YOU also grant StoreFront.net the right to
publish YOUR name in connection with any such use. No compensation will
be paid or due YOU with respect to StoreFront.net'S or its
sublicensee's use of the materials as licensed above. StoreFront.net is
under no obligation to post or use any materials YOU may provide, and
may remove such materials at any time in StoreFront.net'S sole
discretion. By posting messages, uploading files (including graphics),
inputting data, submitting any feedback or suggestions, or engaging in
any other form of communication with or through the SERVICES, YOU
represent and warrant that YOU own or otherwise control the rights
necessary to do so and to grant StoreFront.net the license set forth
above, and YOU will defend and indemnify StoreFront.net and its
suppliers from any third party claim related to a breach of any of the
foregoing representations or warranties.
SOFTWARE AVAILABLE ON THE SERVICES
Software
(if any) that is made available to download from or otherwise used
through the SERVICES, excluding software that may be made available by
third parties via SERVICES, ("Software") is the copyrighted work of
StoreFront.net and/or its suppliers. YOUR use of the Software is
governed by these Terms of Service, and the applicable Additional
Terms, and the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). To
the extent that the License Agreement conflicts with the Terms of
Service or Additional Terms, the terms of the License Agreement shall
govern YOUR use of the Software. YOU may not install or use any
Software that is accompanied by or includes a License Agreement unless
YOU first agree to the License Agreement. For any Software not
accompanied by a license agreement, StoreFront.net Corporation hereby
grants to YOU, the user, a personal, non- exclusive, non-transferable
license to use the Software for viewing and otherwise using the
particular SERVICES Web Site or SERVICES in accordance with the License
Agreement, the Terms of Service and Additional Terms and for no other
purpose. In addition, YOU shall keep intact all and may not alter any
copyright and other proprietary notices contained in such Software. All
Software is owned by StoreFront.net and/or its suppliers, and is
protected to the maximum extent permitted by copyright laws and
international treaty provisions. Any reproduction or redistribution of
the Software is expressly prohibited, and may result in severe civil
and criminal penalties. Persons violating the foregoing, or who
otherwise misappropriate any intellectual property or proprietary
rights related to the Software may be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE,
DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY
TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. YOU
acknowledge that the Software, and any accompanying documentation
and/or technical information, is subject to applicable export control
laws and regulations of the USA. YOU agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject
to USA export restrictions. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1,
1995 is provided with the commercial license rights and restrictions
described elsewhere herein. All Software provided to the U.S.
Government pursuant to solicitations issued prior to December 1, 1995
is provided with "Restricted Rights" as provided for in FAR, 48 CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable. YOU are responsible for ensuring the Software is marked
with the "Restricted Rights Notice" or "Restricted Rights Legend," as
required. All rights not expressly granted are reserved.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material
included in or available through the SERVICES may not be complete, and
may include inaccuracies or errors, and may also be modified,
discontinued or deleted from time to time without notice. Advice,
information, products, services or other materials received via the
SERVICES should not be relied upon for personal, medical, legal,
business, financial or other decisions and is not intended to replace
the advice of appropriate and qualified professionals. YOU acknowledge
that YOU should consult an appropriate professional for specific advice
tailored to YOUR situation.
YOUR
access to and use of the SERVICES, and products and services of
SERVICES, is at YOUR own risk. StoreFront.net makes no guarantees of
any kind regarding the dependability, accuracy, security, timeliness or
availability of the SERVICES, or such products or services. Without
limiting the foregoing, NEITHER StoreFront.net NOR ITS RESPECTIVE
SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED IN SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. StoreFront.net AND ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON- INFRINGEMENT. IN NO EVENT SHALL StoreFront.net
OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE,
DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF SERVICES OR RELATED SERVICES,
OR WITH THE DELAY OR INABILITY TO USE SERVICES OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH SERVICES; OR OTHERWISE ARISING OUT OF THE USE OF SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF StoreFront.net OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL
TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICES AND ITS RELATED SERVICES AND PRODUCTS.
Without
limiting the foregoing, StoreFront.net is not responsible for any of
YOUR data residing on StoreFront.net and SERVICES hardware or systems,
including such hardware or systems provided to StoreFront.net by third
parties. YOU are responsible for maintaining and backing-up YOUR data
and information that may reside on the StoreFront.net or SERVICES
hardware or systems, including such hardware or systems provided to
StoreFront.net by third parties, whether or not such information is
produced through the use of SERVICES, including any information
regarding the operation or use of YOUR Web site, catalogs, lists, order
records, and other information YOU are providing or using in connection
with YOUR use of the SERVICES Network. It is YOUR responsibility to
take the necessary steps to ensure YOUR primary means of business is
maintained. StoreFront.net will not be liable for any damage, loss or
disclosure of data, accounts, revenue or business arising out of or
otherwise related to: (a) YOUR use of the SERVICES, its services or
products; (b) YOUR CUSTOMERS' use of YOUR Web site hosted by or created
through SERVICES and YOUR products and services; (c) use of the
SERVICES by any other party to whom YOU have given access to YOUR
company information for use of the SERVICES; (d) errors, bugs or other
defects in the SERVICES; (e) lost company, CUSTOMER or vendor
information (e.g., billing information, credit card numbers, lost
orders, etc.); (f) illegal or criminal activities, including but not
limited to reliance on any information obtained on the SERVICES Web
Hosting service; or (g) or that result from mistakes, omissions,
interruptions, deletion of files or e-mail, loss of or damage to data,
errors, defects, viruses, delays in operation, or transmission, or any
failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized access to
StoreFront.net'S records, programs or services. YOU are solely
responsible for maintaining and backing-up any information regarding
the operation or use of YOUR Web site, catalogs, lists, order records,
and other information YOU are providing or using in connection with
YOUR use of the SERVICES Network.
StoreFront.net is not
liable for YOUR actions with YOUR CUSTOMERS or vendors, or the use of
their information, or for any other actions arising from YOUR use, or
the use of other parties to whom YOU have given access to YOUR SERVICES
information, through the use of the SERVICES.
StoreFront.net
is not involved in any transaction between YOU and YOUR buyer or seller
or other third parties with whom YOU may have transactions through YOUR
Web site or between YOU and any user of any products or services
offered or provided by YOU or by a third party through the SERVICES.
StoreFront.net is not responsible for screening, censoring or otherwise
controlling YOUR Web Site, or any listings or transactions offered or
conducted via YOUR Web Site. YOU are deemed to have a direct commercial
relationship with each third party that purchases goods or services
from or undertakes any other transaction with YOU via YOUR Web site or
through SERVICES. StoreFront.net is not acting as YOUR or any third
party's agent in connection with the operation of SERVICES. YOU are
solely responsible for: (a) processing CUSTOMER orders or other
transactions; (b) verifying the validity of incoming CUSTOMER orders
before finalizing the order; (c) informing CUSTOMERS of the status of
such orders or transactions; (d) providing all CUSTOMER support related
to such orders or transactions (e.g., lost orders, billing disputes,
payments, etc.); and, (e) determining, collecting and remitting to the
appropriate authority all taxes (if any) arising from or related to
such orders or transactions. Further, because StoreFront.net is not
involved in any orders or other transactions between YOU and other
users of SERVICES or other marketplace forums, StoreFront.net cannot
and will not be involved in resolving any disputes relating to any
completed or uncompleted transactions or the purchase or sale of listed
goods or otherwise.
Unless otherwise expressly stated in
these Terms of Service, YOUR payments for orders or transactions
conducted via YOUR Web Site or on any SERVICES service will be paid to
YOU directly from YOUR designated acquiring bank, CUSTOMERS or other
appropriate source ("payor"). StoreFront.net is not responsible for
such payment, and will have no liability for any lost, disputed or
fraudulent payment or tenders of payment, or other disputes arising
between YOU and CUSTOMERS or payors. StoreFront.net makes no guarantee
about the reliability or accuracy of these products or services, or the
results obtained from using SERVICES.
INDEMNITY
YOU
agree to defend, indemnify and hold StoreFront.net and its suppliers
harmless from and against any and all claims, losses, liability costs
and expenses (including but not limited to attorneys' fees) arising
from YOUR violation of these Terms of Service (including, without
limitation, violation of applicable Additional Terms), or any
third-party's rights, (including, without limitation, infringement of
any copyright, violation of any proprietary right and invasion of any
privacy rights). These obligations will survive any termination of YOUR
relationship with StoreFront.net or YOUR use of SERVICES.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
StoreFront.net
reserves the right to deny in its sole discretion any user access to
SERVICES or any portion thereof without notice.
YOU are
responsible for safeguarding the confidentiality of YOUR account
information (including password(s) and user name(s) issued to YOU) and
for any use or misuse of YOUR account or the SERVICES resulting from
any third party using a password or user name issued to YOU. YOU agree
to notify StoreFront.net immediately of any known or suspected
unauthorized access to or use of YOUR account, YOUR password, the
password of any individual user to whom YOU have issued a login ID or
any other breach of security or misuse of the SERVICES known to or
suspected by YOU. YOU may change YOUR password at any time by following
instructions on the SERVICES Web site.
YOU hereby
authorize StoreFront.net to rely on any data, notice, instruction or
request furnished by YOU to StoreFront.net, or that StoreFront.net
reasonably believes to have been furnished by YOU. YOU are solely
responsible for maintaining the confidentiality of YOUR account
information and monitoring usage of YOUR account. StoreFront.net is not
responsible for fraud of participants or of other users of YOUR account.
GENERAL
If
YOU have made this agreement with StoreFront.net, these Terms of
Service and the Additional Terms are governed by the laws of the State
of Kansas, U.S.A. Regardless of whether YOU have contracted with
StoreFront.net, YOU hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Johnson County, Kansas, USA in all
disputes arising out of or relating to the use of the SERVICES. YOU
agree not to represent yourself to be a representative, agent, or
employee of StoreFront.net and that StoreFront.net will not be liable
by reason of any representation, act or omission to act by YOU.
YOU
agree that no joint venture, partnership, employment, or agency
relationship exists between YOU and StoreFront.net as a result of these
Terms or Service or use of SERVICES.
StoreFront.net'S
performance of this agreement is subject to existing laws and legal
process, and nothing contained in these Terms of Service are in
derogation of StoreFront.net'S right to comply with governmental, court
and law enforcement requests or requirements relating to YOUR use of
the SERVICES or information provided to or gathered by StoreFront.net
with respect to such use.
If any part of these Terms of
Service or the Additional Terms is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of these Terms of Service
and the Additional Terms shall continue in effect.
Unless
otherwise specified herein, these Terms of Service, the Additional
Terms and the Privacy Statement constitute the entire agreement between
the user and StoreFront.net with respect to the SERVICES and they
supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
StoreFront.net with respect to the SERVICES Network.
A
printed version of these Terms of Service and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Service to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. StoreFront.net may: (1) generate print copies of its electronic
records and introduce them in evidence as original documents; and (2)
prove YOUR agreement or consent in any manner, including without
limitation, by showing that a procedure existed by which YOU must have
provided consent or engaged in conduct to obtain the applicable
services or Products.
The example companies,
organizations, products, people and events depicted the demonstration
sites within the SERVICES are fictitious. No association with any real
company, organizations, product, person or event is intended or should
be inferred.
StoreFront.net is not obligated to monitor
the content on SERVICES. StoreFront.net reserves the right to disclose
any information, content, or materials as necessary to satisfy any
applicable law, regulation, legal process or government request or in
accordance with StoreFront.net's Privacy Statement located at
http://www.storefront.net/privacy.asp. StoreFront.net reserves the
right to edit, refuse to post or to remove any information, content, or
materials, in whole or in part, from the SERVICES Web sites, in
StoreFront.net'S sole discretion, without notice at any time.
Any
rights not expressly granted herein are reserved by StoreFront.net,
including all legal and equitable remedies available to StoreFront.net
or violation of any of these Terms of Service. COPYRIGHT AND TRADEMARK
NOTICES All contents of the SERVICES are: Copyright (c) 1996 - 2001
StoreFront.net, Inc. and/or its suppliers, c/o StoreFront.net , 25055
West Valley Parkway, Olathe, Kansas 66061 U.S.A. All rights reserved.
TRADEMARKS SERVICES is either a trademark or registered trademark of
StoreFront.net Corporation. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners. eBay
and the eBay logo are trademarks of eBay Inc. Any rights not expressly
granted herein are reserved by StoreFront.net. NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated
Agent.
Part II: StoreFront.net Hosting Acceptable Use Policy
StoreFront.net maintains the right to take action to correct or relieve
any issues arising from the abnormal use or unlawful use of the hosting
and co-location facilities. In most cases, StoreFront.net will make or
attempt to make documented contact with the offending customer prior to
taking corrective action. In the case of customer-sourced network
attacks, StoreFront.net reserves the right to disable the customer's
network access, therefore protecting the overall network, prior to
customer contact.
StoreFront.net
provides the services listed herein for the service of legitimate
business customers, and will not tolerate or allow the following
activities:
Delivery of or storage of pornography or pornographic materials in any media format
Delivery of or storage of any non-corporate use or pirated software or other media
Delivery of or storage of any copyrighted or licensed materials which
the customer cannot readily (1 business day) produce "right to
distribute" documentation for
Delivery of or servicing of any business activities related to
Unsolicited Commercial E-mail (UCE), otherwise known as Spam
Performance of or tolerance of (through failure to correct or direct
facilitation) unlawful or unruly internet activity ("Hacking"),
including denial of service, port scanning (without prior permission of
StoreFront.net), or other attacks
Facilitation, Delivery, or participation in any illegal online activity
Delivery of or storage of non-traditional business web content such as
hate sites or other blatantly controversial materials (e.g. pictures of
Princess Diana's car crash)
CSIRT
StoreFront.net has formed its own Computer Security Intrusion Response
Team (CSIRT) to respond to perceived and/or real threats to
StoreFront.net Hosting and Colocation facilities and customers as well
as investigate any violations of this Acceptable Use Policy. As a user
of StoreFront.net services, you and your organization agree to willing
and forthrightly cooperate with any CSIRT investigation; responding
promptly to CSIRT inquiries and recommendations.
Acceptable Use Termination
StoreFront.net maintains the right to permanently disable the
facilities of any customer violating the above terms on a repeat basis,
any customer who refuses to take corrective action after repeat
warnings from StoreFront.net, or who refuses to implement CSIRT
non-personnel related recommendations. In the event of such
termination, StoreFront.net shall hold the customers assets until such
time as a settlement is reached concerning any remaining payments due
on the term contract. In short, don't violate the above (AUP).
Supported Browsers
StoreFront's work is guaranteed to work in most modern browsers - and
to be more precise, by default we support the following browsers:
- Internet Explorer 7
- Internet Explorer 6 (to the point when the site is usable and functional)
- Firefox on Windows and OS X
If your project requires more thorough support of older and outdated
browsers (i.e. Internet Explorer 6), also if the project relies on a
single browser as a requirement (i.e. Safari) it would be highly
appreciated from our side if that is noted before the beginning of the
development.