End-Users License Agreement.
This End-User License Agreement ("EULA") is a legal agreement between you (individual or single entity) and 1stshoppingcart.com, for the use of the 1stshoppingcart.com software accompanying this EULA, which includes 1stshoppingcart.com computer software and online or electronic documentation (herein referred to "Software"). By exercising your right to use the Software, you agree to the terms of this EULA. If you do not agree to the terms of this EULA, do not complete the order at this time.
SOFTWARE SERVICE LICENSE:
Subject to payment of applicable license fees, Licensor grants Licensee a non-exclusive and non-transferable license to use the executable code of the Software Product and accompanying documentation according to the terms and conditions of this Agreement. The Software Service is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Software is delivered as a service and is licensed (rented), not sold.
RIGHTS OF SERVICE:
1stshoppingcart.com grants you a nonexclusive, royalty-free right to use ONE COPY of the Software. Your one copy may be used for multiple Affiliate Programs accross multiple domain names. Code will be installed by licensor on Licensee's website upon request, and at a fee, to initiate functionality of the Software from Licensor's computer servers. The licensor reserves the right to refuse a license of Software Product to a licensee for reasons such as, but not limited to, licensee is promoting controversial material, product or service, if licensee is doing anything suspected to be illegal. In such a case, licensor will refund the full purchase price of the Software Product to the Licensee within 30 days of the notice of refusal to license Software Product to licensee. Licensee will be given a 30 day unconditional money back guarantee beginning immediately after purchase of software. After 30 days has passed, Lincensee will not be eligible for refund of purchase.
All title and copyrights in and to the Software (including but not limited to any image, photographs, animations, video, audio, music, or text incorporated into the Software) are owned by 1stshoppingcart.com, www.1stshoppingcart.com. The Software Service is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.
This EULA is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
NO SPAM POLICY:
1stshoppingcart.com does not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law.
You must immediately terminate any Affiliate found in violation of this policy. This includes but is not limited to Affiliates that use the Mailing List Manager, Autoresponders, or Refer-a-Friend Service, and Affiliates who use their own email programs/accounts to send unsolicited mailings regarding your Affiliate Program or your products/services. If you do not immediately terminate such Affiliates, 1stshoppingcart.com reserves the right to do so.
You will be found in violation of this policy if you send unsolicited mailings using any portion/feature of the Software/Service including an Affiliate Link, or if you allow your Affiliates to send unsolicited mailings. Violation of this policy is terms for immediate termination and refusal of future use.
1stshoppingcart.com strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.
1stshoppingcart.com does not allow remote posting to the subscriber database by 3rd Party List generator such including but not limited to co-registration services.
1stshoppingcart.com does not allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. Please note that this includes FFA page submission lists, or any other bulk list of recipients that have not specifically asked to receive email from you, including, but not limited to: sending unsolicited commercial email, sending any message to a recipient who did not request it, cross-posting messages to a large number of newsgroups or discussion groups, using a 1stshoppingcart.com account in association with any FFA pages, safe lists or mass distribution resources. If you violate this policy you will be subject to the following actions:
This agreement also strictly prohibits you from using autoresponders as a default email addresses for any of your 1stshoppingcart.com account settings. This includes your Merchant Account Settings, your Affiliate Account Settings, and your Default Email Settings. The use of an autoresponder for one of these will cause problems with our system and will be grounds for suspension of your account, without warning, until the matter is resolved.
1stshoppingcart.com offers free incident-based support to resolve installation issues, product usage, and troubleshooting. 1stshoppingcart.com will supply technical support via email as it pertains to the 1stshoppingcart.com Software Service. Integration of Products and maintaining the integrity of the integration is the responsibility of the Licensee.
Upon receipt of the support request, a 1stshoppingcart.com support technician will identify the nature of the reported problem and suggest a proper course of action. This may include a referral to the product documentation, Help Files or Frequently Asked Question (FAQ) lists on the 1stshoppingcart.com web site. If the problem is identified as being either a third party module issue or an ISP/IHP issue, 1stshoppingcart.com Support will refer the merchant to the appropriate source for a solution.
The software and data for the 1stshoppingcart.com Software will be hosted on 1stshoppingcart.com servers. 1stshoppingcart.com does not warrant that your use of the Product will be uninterrupted or that the operation of the Product will be error-free or secure. In addition, the security mechanisms implemented by 1stshoppingcart.com have inherent limitations, and you must determine that the Service sufficiently meets your requirements.
While 1stshoppingcart.com shall make every reasonable effort to protect and backup data for Licensee on a regular basis, 1stshoppingcart.com is not responsible for Licensee's data residing on 1stshoppingcart.com's servers. Licensee is responsible for making and keeping current copies of Members and their related information. Licensee is responsible for all use of Licensee account and confidentiality of Licensee password and information.
Standard accounts are limited to 10,000 database records for a low monthly fee of $45. Additional database records added to your account will be billed at just $10 per 10,000 additional records (rounded up to the nearest 10,000).
DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABLITY, INDEMNIFICATION
1stshoppingcart.com will utilize its best efforts to maintain acceptable performance of services, but 1stshoppingcart.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. 1stshoppingcart.com cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.
1stshoppingcart.com will not be liable for the inadvertent disclosure of, corruption or erasure of data transmitted or received or stored on its system. 1stshoppingcart.com shall not be liable to Licensee or any of its customers for any claims or damages which may be suffered by Licensee or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Software, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of 1stshoppingcart.com.
Licensee agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against 1stshoppingcart.com, its agents, its customers, servants, officers, or employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Licensee, its agents, employees or assigns.
Licensee agrees to defend, indemnify and hold harmless 1stshoppingcart.com against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with 1stshoppingcart.com's server; and material supplied by Licensee infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold/hosted on 1stshoppingcart.com - or Third Party's Server. As a result of this, Licensee agrees that 1stshoppingcart.com shall not be liable to Licensee for any claims of actual, compensatory and/or consequential damages which may be suffered by Licensee, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of 1stshoppingcart.com.
Notwithstanding the above mentioned, Licensee's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Licensee paid during the term of this Agreement. These terms and agreements may be changed without any prior notice.
HIGH RESOURCE POLICY:
While 1stshoppingcart.com has no pre-set limits on email bandwith and usage, any user that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource users are users that use an excessive amount of system resources such as bandwidth, storage or CPU utilization. It is 1stshoppingcart.com's sole digression to decide which users are "High Resource" users.
Users who have been deemed as a "High Resource Customer" will be subject to the following:
1stshoppingcart.com will charge your credit card on file $300.00 as a security deposit per occurrence of our HRP or violation of any of our rules. If the violation is deemed to be an "honest mistake" and the situation is corrected within 30 days, the $300 will be refunded. Otherwise, your account will be closed and no refunds will be given.
1stshoppingcart.com's Services May Only be Used for Lawful Purposes:
Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
1stshoppingcart.com reserves the right to remove such illegal material from its server immediately. 1stshoppingcart.com expressly forbids anyone from using 1stshoppingcart.com's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, satanic material, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of the Web Hosting Network management.
Unlawful and/or Unethical Use:
1stshoppingcart.com does NOT allow users that provide points of distribution, or links to the following types of sites:
1stshoppingcart.com Services are Intended for the End User Only:
Customers cannot sublease, subhost, or give away control of any portion of 1stshoppingcart.com's Network's resources. For customers who do wish to sublease the service, 1stshoppingcart.com offers a very competitive partner program.
All accounts are setup automatically and billed in real time. Confirmation emails should arrive within 15 minutes to the email specified in your online signup form.
1stshoppingcart.com may run a transaction at least 5 days in advance to anticipate a declined credit card. This will give the customer at least 4 days from the due date to run the transaction. If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.
In some cases if a problem arises with the account, the user will be notified via e-mail.
All new accounts are billed on a prepay basis every 30 days, and will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. If a bank or Credit Card 'charge back' is processed against our account, the account in question will be terminated immediately.
The customer is responsible to keep credit card on file up to date which includes the expiration date, and sufficient funds to cover account fees. All credit cards run though merchant account and are declined for any reason are charged a $20 reactivation fee. 1stshoppingcart.com accepts Visa, MasterCard, American Express & Discover cards.
In the event the credit card does not clear with the bank, the customer will be notified by e-mail. Past due accounts that are not brought current within 5 days of the e-mail notice are subject to suspension and possible account termination.
At no time will 1stshoppingcart.com allow an account to be operational past the last day of the pre-paid date of services. If user fails to update the account information, 1stshoppingcart.com will suspend the account without further notice and consider the account closed. Service fees do accrue during any period of suspension.
1stshoppingcart.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by 1stshoppingcart.com if 1stshoppingcart.com institutes its right of cancellation. Refunds will be issued within 2 billing cycles on the same credit card used at signup.
If cancellation is caused by customers violation of these policies, then no refund will be disbursed.
Customers can cancel service any time. Accounts can be canceled by the account holder at any time via the Support Tab inside your account or by contacting our Billing Department. This must be done by the credit card holder. The account will remain active until the end of the current billing period, and no refunds will be given for any reason.
* 1stshoppingcart.com reserves the right to revise its policies at any time without prior notification.