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All users of SiteCarver's services, and all Renters upon signing up for SiteCarver's services, agree to comply with SiteCarver's Terms and Conditions ("T and C's"). The spirit of the T's and C's is to ensure Renters are using SiteCarver's services with due regard to the rights of other Internet users and in conformity with the requirements of SiteCarver's network environment. The T's and C's are not exhaustive and SiteCarver reserves the right to add, delete, or modify any provision of its T's and C's at any time without notice, effective upon either the posting of the modified T's and C's to www.SignatureCart.com or notification of the modified T's and C's. Any complaints about a Renter's violation of the T's and C's should be submitted to SiteCarver at  www.SignatureCart.com/ContactUs.asp. The T's and C's supersede any other agreement with SiteCarver, whether written, oral, by conduct, or otherwise.

     
  A. Signature Cart Renter Terms of Use
B. Signature Cart Renter Billing Policy
     
   
 
 

A. Signature Cart Renter Terms and Conditions

The following Terms and Conditions apply to ALL renters of SiteCarver's Signature Cart, known hereafter as "Renter(s)":

 
 

SiteCarver Services - SiteCarver's services include, but are not limited to:

  1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting Renters' account (including all billing data and the space on the particular Web server that SiteCarver provides to Renters);
  2. any use by Renters, or any access provided to Renters by SiteCarver, of computing, telecommunications, software, information, hardware, and equipment;
  3. any act, or provision of any service, by SiteCarver to Renters, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
  4. any provision by SiteCarver to Renters, of any space, Internet connectivity, or electrical power;
  5. any access or use related to the SiteCarver's or Signature Cart's Web site, including the Web site itself;
  6. any other service mentioned in the T's and C's;
  7. any other service provided by SiteCarver to Renters, whether used or not;
  8. any other SiteCarver services that are used by Renters, whether offered or provided by SiteCarver to Renters.
 
  Ownership of Website - The legal owner of Renters' Signature Cart (including all software within) will be SiteCarver. The legal owner of all customer and sales data obtained on the individual Renter's Signature Cart will be the Renter. As such, SiteCarver will not share this data with any third parties nor use it in any manner other than to support the functionality of the Signture Cart. It is the Renter's responsibility to collect the customer and sales data prior to the cessation of the rental period as this data will not be retained by SiteCarver. Renters will fully cooperate with and abide by any and all of SiteCarver's security measures and procedures in the event of any dispute over ownership of Renters' Signature Carts and accounts with SiteCarver.
 
  Illegal use - SiteCarver servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, material or goods in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing SiteCarver services, all Signature Cart Renters certify that they and/or the organization they represent in procuring services from SiteCarver are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
 
  Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to SiteCarver's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a SiteCarver server, and selling or distributing software (on a Web site residing on a SiteCarver server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. SiteCarver reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
 
  System & Network Abuse - Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
 
  Viruses & Other Destructive Activities - Use of SiteCarver's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Renter to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use SiteCarver's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
 
  Copyright Violations -The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All SiteCarver Renters are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a SiteCarver Renter (per the DMCA) to SiteCarver must follow the below procedures. Copyright infringement notifications submitted to SiteCarver according to these procedures will be processed within 21 days of receipt. Renters who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at SiteCarver's sole discretion.

DMCA Copyright Infringement Notification Requirements
  • Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

    Identification of the copyrighted work(s) claimed to have been infringed.

    Identification of the material claimed to infringe the copyright(s), and enough information for SiteCarver to locate it including URLs and specific descriptions of the infringing material at each URL.

    The Claimant's name, address, and telephone number(s).

    A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

    A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Mail the notification to:

    SiteCarver Software, LLC
    Legal Department - DMCA Complaints
    P.O. Box 1014
    Woodinville, WA 98072-1014 USA
 
  Adult Content - Pornography and sex-related merchandising are prohibited on SiteCarver servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
 
  Child Pornography - The use of SiteCarver's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. SiteCarver is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
 
  Privacy - SiteCarver is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, SiteCarver urges its Renters to assume that all of their on-line communications are insecure. SiteCarver cannot take any responsibility for the security of information transmitted over SiteCarver's facilities.
 
  Renter Responsibility - Renters are required to use the SiteCarver network responsibly. This includes respecting the other Renters of any other SiteCarver products. SiteCarver reserves the right to suspend and/or cancel service with any Renter who uses the SiteCarver network in such a way that adversely affects other SiteCarver Renters or clients. While SiteCarver may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, SiteCarver does not monitor its Renters' communications or activities to determine whether they are in compliance with the T's and C's. However, when SiteCarver becomes aware of any violation of the T's and C's or other user agreements, SiteCarver may take any action to stop or correct such violation, including, but not limited to, denying access to SiteCarver's services and equipment or to the Internet. In addition, SiteCarver may take action against a Renter or a customer of such Renter because of the activities of such Renter. SiteCarver anticipates that Renters who offer Internet services will cooperate with SiteCarver in any corrective or preventive action that SiteCarver deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SiteCarver policy and SiteCarver reserves the right to take any such action even though such action may affect other customers of the Signature Cart Renter.
 
  Actions Taken by SiteCarver - The failure by a Renter to meet or follow any of the T's and C's is grounds for account deactivation. SiteCarver will be the sole arbiter as to what constitutes a violation of the T's and C's. SiteCarver reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When SiteCarver becomes aware of an alleged violation of its T's and C's, SiteCarver will initiate an investigation. During the investigation, SiteCarver may restrict a Renter's or a Renter's customer access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, SiteCarver may, at its sole discretion, restrict, suspend, or terminate a Renter's account and/or pursue other civil remedies. If such violation is a criminal offense, SiteCarver will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the T's and C's if it is illegal, irresponsible, or constitutes disruptive use of the Internet. SiteCarver does not issue credits for outages incurred through service disablement resulting from T's and C's violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by SiteCarver.
 
  Indemnification - SiteCarver Renters agree to protect, defend, hold harmless, and indemnify SiteCarver, any third party entity related to SiteCarver (including, without limitation, third party vendors), and SiteCarver's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as SiteCarver, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the Renter's use of SiteCarver's services.
 
  Disclaimer - The SiteCarver service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SiteCarver expressly disclaims any representation or warranty that the SiteCarver service will be error-free, secure or uninterrupted. No oral advice or written information given by SiteCarver, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SiteCarver and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
 
  Termination for Bankrupcy or Insolvency - If a Renter becomes insolvent or any bankruptcy petition is filed by the Renter, or any third party against the Renter, SiteCarver may immediately terminate provision of SiteCarver's services to the Renter without prior notice or penalty. Such Renter consents to the grant of relief from any automatic stay of proceedings against SiteCarver in such event.
 
  Limitation of Liability - To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will SiteCarver (including, without limitation, SiteCarver's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as SiteCarver, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing SiteCarver's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or SiteCarver services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any SiteCarver services even if SiteCarver has been advised of the possibility of such damages. SiteCarver's total cumulative liability, if any, to Renter, or any third party, for any and all damages, related to the T's and C's or SiteCarver's services, including, without limitation, those from any negligence, any act or omission by SiteCarver or SiteCarver's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the Renter for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
 
  Modifications - SiteCarver may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide Renters with SiteCarver's services. Certain changes to SiteCarver's services may affect the operation of Renters' personalized applications and content. Each Renter is solely responsible, and SiteCarver is not liable, for any and all such personalized applications and content, except as expressly agreed to by SiteCarver.
 
  Backup of Data - Except where SiteCarver has expressly agreed in writing to the contrary, Renters are solely and entirely responsible, and SiteCarver is in NO way responsible, for the management and backup of all Renter data, and all updates, upgrades, and patches to any software that Renters use in connection with SiteCarver services.
 
  Third Party Licenses - SiteCarver makes a reasonable effort to provide Renters with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, SiteCarver makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, SiteCarver specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no Renter will hold SiteCarver liable in any way for the revocation of any license, which has been licensed to SiteCarver. The use of the Technologies obtained from or through SiteCarver, or any other referred third party, whether directly or indirectly, is at the sole risk of Renters.
 
  Non-SiteCarver Products - Any mention of non-SiteCarver products by SiteCarver, its employees, or any third party entity related to SiteCarver is for information purposes only and does not constitute an endorsement or recommendation by SiteCarver. SiteCarver disclaims any and all liabilities for any representation or warranty made by the vendors of such non-SiteCarver products or services.
 
  SiteCarver's Intellectual Property - Renters will not, without SiteCarver's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on SiteCarver's Web site, and Renters will not use any of SiteCarver's trademarks, service marks, copyrighted materials, or other intellectual property without SiteCarver's express written consent. Renters will not, in any way, misrepresent their relationship with SiteCarver, attempt to pass themselves off as SiteCarver, or claim that Renters are SiteCarver.
 
  Assignment - Renters may not assign or delegate their rights or obligations under the T and C's or other agreement for SiteCarver's services, either in whole or in part, without the prior written consent of SiteCarver.
 
  Minimum Age Requirements - SiteCarver Renters must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the T and C's in order for the Minor to become a Signature Cart Renter. A parent or guardian who accepts the T and C's on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the T and C's, including the timely and full payment of the charges for SiteCarver services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains SiteCarver's express written consent to the contrary. Any acceptance of the T and C's or any other agreement for SiteCarver's services will be deemed null and void to the extent that SiteCarver will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of SiteCarver's services.
 
  Governing Law & Severability - The T's and C's, and any other agreement for SiteCarver services, will be governed by and construed in accordance with the laws of the State of Washington, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a Renter and SiteCarver will take place in Washington, and the Renter will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the T's and C's or other SiteCarver agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the T's and C's or the agreement will continue in full force and effect.
 
  Force Majeure -SiteCarver will not be liable for delays in its performance of the T's and C's or SiteCarver services caused by circumstances beyond SiteCarver's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). SiteCarver will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of Renters for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the T's and C's or other agreement for SiteCarver services, initiated by a Renter, will be effective only if accepted in writing and signed by an authorized representative of SiteCarver.
   
  Independent Contractors - Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between SiteCarver and its Renters. Each of SiteCarver and its Renters will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
   
  Construction & Interpretation - Wherever in this T's and C's the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the T and C's into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the T and C's. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the T and C's.
 
  Complete Agreement & Exclusivity - The T's and C's, and/or any other specific agreement for SiteCarver services, constitutes the complete understanding and agreement between SiteCarver and its Renters. Except when expressly agreed to the contrary in signed writing by an authorized representative of SiteCarver, the T's and C's supersedes any other written (including digitized / computerized) agreement, oral agreement, and/or agreement by conduct. This T's and C's, and/or any other specific agreement for SiteCarver services is between SiteCarver and its Renters only and will not confer any rights in any third party except as otherwise expressly provided by SiteCarver.
 
  B. All SiteCarver Renter Billing Policy

The following Terms of Use constitute SiteCarver's Billing Policy and apply to ALL SiteCarver Renters:
   
  Payments - All charges are shown in US Dollars. Payments are to be made in US dollars. SiteCarver accepts the following types of payment:
  • Credit Card (VISA, MasterCard)

All payments are due on the Account Statement Date. The Account Statement Date is the quarterly (every 3 months) anniversary of the date the account was activated. If you provide SiteCarver your credit card information, you authorize SiteCarver to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with SiteCarver's Billing Policy in the T's and C's. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. SiteCarver will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying SiteCarver, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

   
  Billing Cycles (Terms) - SiteCarver offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged Quarterly. Additional items are non-refundable.
   
  Account Renewals - In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
 
  Statements - SiteCarver does not mail paper invoices or statements. Monthly account billing statements will be provided to the Renter via email if requested by the Renter.
 
  Fees -
  • Credit Card Chargebacks
    A $25.00 chargeback fee will be assessed for each credit card chargeback received by SiteCarver.
  • Signature Cart Rental Plan Changes
    Renters electing to change to a lower priced Rental plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
 
  Cancellations - Rentals will automatically renew until a plan is cancelled. In order to cancel service, you must contact SiteCarver, Monday through Friday, 9:00 a.m. to 5:00 p.m. Pacific Time, at (1-206-274-4617). SiteCarver's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds. Customers may also contact SiteCarver via our Contact Us page.

Cancellation requests must be received by SiteCarver a minimum of five (5) business days prior to the end of your Billing Cycle for all Rental plans. Cancellations submitted later than this time may result in automatic renewal of your Rental plan. Cancellations become effective on the last day of the current Rental period. SiteCarver will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact SiteCarver as soon as possible.

SiteCarver does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to SiteCarver's services. Cancellation of services does not relieve the Renter from paying any outstanding balance owed on the account. SiteCarver Software, LLC reserves the right to cancel any Rental, at any time, without notice, for any reason SiteCarver Software, LLC considers appropriate.
 
  Refund Policy - Refunds are only available prior to account setup.
 
  Credit Card Disputes/Chargebacks - SiteCarver has a zero tolerance policy for chargebacks. Any Renter who disputes a credit card payment is subject to a fine, suspension and account termination at SiteCarver's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
   
  Billing & Price Changes - SiteCarver's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
   
 
   
     
     
 

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