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Agreement
between you and Storecart Web Services.
These
Terms & Conditions constitute a legal agreement
between you and Storecart Web Services. You must
accept without modification all of the terms, conditions,
and notices contained in these Terms & Conditions
in order to access and use the services Storecart
Web Services provide. If you do not accept these
Terms & Conditions in their entirety, you may
not access or use the services provided by Storecart
Web Services. Storecart Web Services provides quality
ecommerce web hosting packages complete with shopping
cart. Storecart Web Services reserves the right
to suspend or cancel any customer's access to any
or all services provided by Storecart Web Services.
When Storecart Web Services decides that the account
has been inappropriately used or otherwise. These
are the terms and conditions for use of the Internet
services provided by Storecart Web Services. By
purchasing services from Storecart Web Services,
you (subscribers) agree to abide by these terms
and conditions. We reserve the right to change this
agreement at any time without notice.
Modification
of these terms.
Storecart
Web Services may wish to update or change the terms,
conditions and notices for the service provided
from time to time to reflect changes in the service,
changes in the laws affecting the services, or for
other good reasons. You understand that Storecart
Web Services reserves the right to make these changes
and that you are responsible for regularly reviewing
these terms, conditions and notices. Continued access
to or use of the services provided by Storecart
Web Services after any such change shall constitute
your consent to such change. Unless explicitly stated
otherwise, any new features that change or improve
the Storecart Web Services shall be subject to the
Terms & Conditions, as modified from time to
time.
Right
to use feedback or suggestions you submit.
Storecart
Web Services would like your voluntary feedback
and suggestions on the Services we provide so that
we can continually improve the services for you
and other customers. When you submit feedback and
suggestions, please understand that Storecart Web
Services needs to have full rights to use your feedback
and suggestions without any encumbrances. In particular,
you should understand that by submitting any feedback
or suggestions to Storecart Web Services concerning
the services we provide, you warrant and represent
that you own or otherwise control the rights necessary
to do so and you are granting Storecart Web Services
and its affiliated companies permission to: Use,
modify, copy, distribute, transmit, publicly display,
publicly perform, reproduce, publish, sublicense,
create derivative works from, transfer, or sell
any such feedback or suggestions; and Sublicense
to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect
to the feedback or suggestions. These grants include
the right to exploit any proprietary rights in such
feedback or suggestions, including rights under
copyright, trademark, service mark or patent laws
in any relevant jurisdiction. No compensation will
be paid with respect to Storecart Web Services use
of the materials contained within such feedback
or suggestions. Storecart Web Services is under
no obligation to post or use any materials you may
provide and may remove such materials at any time
at Storecart Web Services sole discretion.
Lawful
Use.
Storecart
Web Services hosting accounts are to be used by
the primary owner only, account holders are not
permitted to resell, store or give away the services
of their account to other parties even if it was
for free or non-profitable.You are responsible for
conforming to all federal, state, and local laws
regarding the Internet and electronic communication.
You must respect the intellectual property and copyrights
of resources provided by others on the net. You
may not participate in any illegal activities while
using your account. You must obey the laws of the
United Kingdom, England and Wales and other countries
that you communicate with over the net. We cannot
and do not monitor or control traffic content to/from
our service. You are responsible for keeping your
activities legal, and for censoring yourself and
colleagues. You are not permitted to post any material
that is illegal, libelous, tortuous, or likely to
result in retaliation against Storecart Web Services.
Should the posted material fall into this category,
we reserve the right to immediately refuse or terminate
service. Storecart Web Services does not allow any
of the following contents to be stored on any of
its servers:
- Illegal Material - This includes copyrighted works,
commercial audio, video, or music files and any
material in violation of any Federal, State or Local
regulation.
- Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The
designation of "adult material" is left
entirely to the discretion of Storecart Web Services.
- Warez - Includes pirated software, ROMS, emulators,
freaking, hacking, password cracking, IP spoofing,
etc., and encrypting of any of the above. Also includes
any sites which provide "links to" or
"how to" information about such material.
storecart will terminate any account that contains
any of the above mentioned contents without any
warning and without refunding any payments.
Data
Protection.
1.
Unless indicated otherwise on the relevant, the
Client hereby agrees to allow Storecart Web Services
to collect and process data and information regarding
the Client’s use of the Service and to provide
this to sub-contractors and/or companies affiliated
with Storecart Web Services for the purposes of
marketing Storecart Web Services (or Storecart Web
Services affiliated companies) services, or other
related services, or for any other purpose connected
with the Agreement. Storecart Web Services will
provide the Client on request with details of all
such information held by Storecart Web Services,
and will modify any information that the Client
advises is incorrect. 2. Subject to and in accordance
with relevant data protection legislation, the Client
hereby consents to allow Storecart Web Services
to collect data regarding Storecart Web Servic’s
use of the Services and to provide such data to
any governmental or regulatory body for the purpose
of Storecart Web Services compliance with any applicable
laws and regulations. 3. Each party shall for the
duration of any Agreement governed by these Terms
and Conditions comply with the provisions of the
Data Protection Act 1998, (including the data protection
principles set out in that Act) and any similar
or analogous laws, regulatory requirements or codes
of practice governing the use, storage or transmission
of personal data and shall not permit anything to
be done which might cause or otherwise result in
a breach by either party of the same. 4. Storecart
Web Services possesses the right to communicate
with the Client regularly via, but not limited to,
electronic means. 5. Storecart Web Services may,
from time to time, send Client information relating
to the services of other companies that Storecart
Web Services feels may be of interest to the Client.
If the Client does not want to receive such information,
it is to inform Storecart Web Services in writing
to: Storecart Web Services - 2 Clarendon Court -
Clarendon Street - NEWPORT - IOW - PO301QZ. 6. Storecart
Web Services has the right to deny Customer Support
to the Client if the Client fails to demonstrate
to the Storecart Web Services representative upon
receipt of a phone call or e-mail by Storecart Web
Services that they are indeed the Client and therefore
authorised to request that changes be made on the
account. The Client acknowledges that it may not
always be possible for Storecart Web Services to
guarantee that breaches will not occur and therefore
agrees to cooperate with Storecart Web Services
staff in its requests for Client authentication.
High
Resource Policy.
Resources
are defined as bandwidth, disk space and/or processor
utilization. Storecart Web Services may implement
the following policy to its sole discretion: When
an account is found to be monopolising the resources
available Storecart Web Services reserves the right
to suspend that site immediately. This policy is
only implemented in extreme circumstances and is
intended to prevent the misuse of our servers.
Security.
While
Storecart Web Services makes all efforts to ensure
the services we provide are both secure and robust,
we make no claims about this security. If someone
gains unauthorised access to your account they may/may
not have access to customer details such as payment
information, this is your responsibility. Hacking
is a serious crime and effects most businesses.
Should Storecart Web Services and/or any system
provided by Storecart Web Services suffer a breach
of security we cannot be held responsible. It is
the client’s responsibility to delete credit
card information after processing it.
Payment
Policy.
Storecart
Web Services reserves the right to change prices
of accounts or services at any time. All pricing
is fixed for as long as you keep your account open,
excluding government charges such as tax which can
change out of the control of Storecart Web Services.
In addition, Storecart Web Services reserves the
right to suspend other services until the outstanding
debt is cleared. The customer is responsible for
all money owed on the account from the time it was
established to the time that the customer sends
a cancellation request.
If
monthly hosting fees are 3 weeks overdue we may
charge a late payment fee onto your account. Any
failure by the Client to pay any fees due under
these Terms and Conditions on the date specified
shall be deemed to be a "material breach"
of these Terms and Conditions.
Cancellation
& Refunds.
Customers
an request cancellation of their account
at any time without being charged a cancellation
fee. You can send your request to cancellations@rentacart.co.uk.
Your hosting account will close the day your next
payment would be due unless you request it sooner.
If you want to keep your domain you will need to
let us know as soon as possible. We will release
it for free so long as there is no money outstanding
on your account, to allow a transfer to another
provider. If you do not request to keep your domain
name we will return it back to the InterNIC Database
to save on renewal fees. Due to the great services
we provide and the price we charge Storecart Web
Services will not refund setup fees, hosting fees
or any other fees you have agreed to from our internet
services. Storecart Web Services reserves the right
to cancel the service at any time.
Indemnification.
Customer
agrees that it shall defend, indemnify, save and
hold Storecart Web Services harmless from any and
all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against
Storecart Web Services, its agents, its customers,
officers and employees, that may arise or result
from any service provided or performed or agreed
to be performed or any product sold by customer,
its agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless Storecart
Web Services against liabilities arising out of:
(1) any injury to person or property caused by any
products sold or otherwise distributed in connection
with storecart’s server.
(2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights
of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from
Storecart Web Services server.
Force
Majeure.
Neither
party shall be deemed in default of this Agreement
or the Client Order to the extent that performance
of its obligations or attempts to cure any breach
are delayed or prevented by reason of any act of
God, fire, natural disaster, accident, riots, acts
of government, or any other cause beyond the reasonable
control of such party; provided, that the party
whose performance is affected by any such event
gives the other party written notice thereof within
ten (10) business days of such event or occurrence.
Disclaimer.
Storecart
Web Services will not be responsible for any damages
your business may suffer, Storecart Web Services
makes no warranties of any kind, expressed or implied
for services we provide. Storecart Web Services
disclaims any warrantor merchantability or fitness
for a particular purpose. The includes loss of data
resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by
Storecart Web Services and its employees.
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