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AdvantageCart
Terms and Conditions
MetaPros Website Solutions is a provider
of web hosting and shopping cart functionality
for Web Sites engaging in eCommerce. User shopping
cart accounts on our Internet servers are subject
to compliance with the terms and conditions set
forth below and our Web Hosting Account Acceptable
Use and Billing Policy. Under the terms of this
agreement, by proceeding to create or reconfigure
an account, or by accepting an Internet consumer's
order facilitated via AdvantageCart,
you agree to the terms and conditions below.
1.
USER CONDUCT
2. INDEMNIFICATION
3. REFUSAL OR DISCONTINUANCE OF
SERVICE
4. NO WARRANTIES
5. IDENTIFICATION INFORMATION
6. NO INTERFERENCE WITH OPERATION
OF SYSTEM
7. SECURITY
8. BACKUP OF DATA
9. TRANSMITTAL OF MATERIALS
10. PAYMENT
11. PRIOR AGREEMENTS
12. SEVERABILITY
13. TERMINATION OF AGREEMENT
14. APPLICABLE LAW, JURISDICTION,
AND SERVICE
15. ACKNOWLEDGMENT
1.
USER CONDUCT
MetaPros Website Solutions AdvantageCart shopping cart service accounts may only
be used for lawful purposes. Any use of these
services, which violates any local, state, federal,
or international laws which may apply to your
local jurisdiction or any jurisdiction that
you, your site, or your sales area may be subject
to is strictly prohibited.
While
using the service, you may not:
A.
Restrict or inhibit any other user from using
and enjoying the Internet;
B.
Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, offensive,
indecent, pornographic, profane, or otherwise
objectionable information of any kind, including
without limitation any transmissions constituting
or encouraging conduct that would constitute
a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal
or international law, including without limitation
the U.S. export control laws and regulations,
and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation
and anti-dilution laws;
C.
Post, publish, transmit, reproduce or distribute
any information or software, which contains
a virus or other harmful component;
D.
Post, publish, transmit, reproduce, distribute
or in any way exploit any information, software,
or other material obtained through the service
for commercial purposes (other than as expressly
permitted by the provider of such information,
software, or other material);
E.
Use your MetaPros Website Solutions AdvantageCart account to facilitate the sale
of any information, software, hardware, product,
or other material which violates any local,
state, federal, or international laws which
may apply to your local jurisdiction, the jurisdiction
of the consumer purchasing from you, or any
jurisdiction that you or your site may be subject
to;
F.
Use your MetaPros Website Solutions AdvantageCart account to gather sensitive
payment information from any internet consumer
including but not limited to credit card information
for any purpose other than the ethical use of
such information to obtain payment in exchange
for goods and service provided to said consumers;
G.
Post, publish, transmit, reproduce or distribute
Internet consumer credit card information in
such a manner as to readily expose such information
to those who would use such information for
criminal purpose.
H.
While using the MetaPros Website Solutions
AdvantageCart service, you agree
to the following minimum standards for Internet
"eCommerce":
-
Resolve your customer order fulfillment complaints
against you in a reasonable and timely manner
such that MetaPros Website Solutions
does not receive complaints against you;
-
Provide your customers reasonable access to
contact information for your business such
that they can contact you when orders they
place are not received;
2.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless
MetaPros Website Solutions from any and
all liability, penalties, losses, damages, costs,
expenses, attorneys' fees, causes of action
or claims caused by or resulting indirectly
from your use of the service, which damages
either you, MetaPros Website Solutions,
or any other party or parties without limitation
or exception. This indemnification and hold
harmless agreement extends to all issues associated
with your account.
3.
REFUSAL OR DISCONTINUANCE OF SERVICE
MetaPros Website Solutions reserves the
right to refuse or discontinue service to anyone
at MetaPros Website Solutions' sole discretion.
MetaPros Website Solutions may deny you
access to all or part of the service without
notice if you engage in any conduct or activities
that MetaPros Website Solutions in its
sole discretion believes violates any of the
terms and conditions in this agreement.
MetaPros
Website Solutions shall have no responsibility
to notify any third-party providers of services,
merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance
or lack of notification. You agree that MetaPros
Website Solutions has the right to monitor the
service electronically from time to time and
to disclose any information as necessary to
satisfy the law, or to protect itself, its subscribers,
or consumers of products or services sold via
the shopping cart service.
MetaPros
Website Solutions reserves the right to refuse
to facilitate sales of any information or materials,
in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation
of this agreement.
4.
NO WARRANTIES
MetaPros Website Solutions makes no warranties
or representations of any kind for the services
being offered. The service is provided on an
"as is" and "as available"
basis without warranties of any kind, either
express or implied, including but not limited
to warranties of title, non-infringement, or
implied warranties of merchantability or fitness
for a particular purpose. No advice or information
given by MetaPros Website Solutions or
its agents or employees shall create a warranty.
MetaPros Website Solutions provides no
warranty that the service will be uninterrupted
or error free or that any information, software
or other material accessible on or via the service
is free from viruses or other harmful components.
Under no circumstances shall MetaPros
Website Solutions be liable for any direct,
indirect, special, punitive, or consequential
damages that result in any way from your use
of or inability to use the service, or for third
parties' use of the service to access your AdvantageCart Shopping Cart Service, any other
service we supply or are associated with, to
access the Internet or any part thereof, or
your or any third parties' reliance on or use
of information, services, or merchandise provided
on or through the service, or that result from
mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation
or transmission, or any failure of performance.
If
you are dissatisfied with MetaPros Website
Solutions service or any of its terms, conditions,
rules, policies, guidelines, or practices, your
sole and exclusive remedy is to discontinue
using the service. You understand that by placing
information on MetaPros Website Solutions
servers, including but not limited to uploads
done by you to facilitate usage of the MetaPros
Website Solutions AdvantageCart Shopping
Cart, that such information becomes available
to all Internet users and that MetaPros
Website Solutions has no way of limiting or
restricting access to such information or protecting
such information from copyright infringement.
You assume total responsibility and risk for
your use of MetaPros Website Solutions
servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness,
and usefulness of all opinions, advice, services
and other information, and the quality and merchantability
of all merchandise provided through MetaPros
Website Solutions or on the Internet generally.
MetaPros
Website Solutions will provide you a reasonable
amount of knowledge base and email technical
support to assist you in integration of the
MetaPros Website Solutions AdvantageCart shopping cart service into your Web
Site. You understand that the level, duration,
and hours of availability of the support provided
is determined at the sole discretion of MetaPros
Website Solutions and that providing any support
does not constitute a warranty of any sort,
nor does it warrant that you will successfully
complete the integration of the MetaPros
Website Solutions AdvantageCart shopping
cart service into your Web Site.
5
. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible
for use of this account are at least 18 years
of age. You agree to supply MetaPros Website
Solutions with a current and truthful name,
postal address, email address and telephone
number for our records, and you have a continued
obligation to keep this information current.
You also agree that you are an authorized user
of any checks or credit card account that you
supply to us and agree that we have an obligation
to fully investigate any possible fraudulent
payment acts.
You
agree to inform MetaPros Website Solutions
in advance of any substantive changes in the
nature of the commerce facilitated via your
MetaPros Website Solutions AdvantageCart, and understand that implementing such
changes may cause MetaPros Website Solutions
at its sole discretion to discontinue your service
if such changes would cause violation of this
agreement.
6.
NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally
interfere with the proper operation of the system,
including but not limited to defeating identification
procedures, obtaining access beyond that which
you are authorized for, and impairing the availability,
reliability, or quality of service for other
customers. You further agree not to interfere
with the proper operation of other systems reachable
through the Internet, including any attempt
at unauthorized access. You agree to follow
the Acceptable Use Policy of any network or
service you connect to.
You
agree to adhere to system policies as published
online by MetaPros Website Solutions,
including restrictions on account usage, services
available with your account, restrictions on
certain features, and all other policies designed
to protect and enhance the quality and reliability
of service at MetaPros Website Solutions.
You agree to abide by any and all future MetaPros
Website Solutions policy decisions.
7.
SECURITY
You agree that the security of your account
password is solely your own responsibility.
You further agree that if you believe that your
account password has been compromised in any
way, you will notify MetaPros Website
Solutions immediately via email to support@metapros.net
and in writing by registered mail, return receipted,
to:
MetaProfessionals,
Inc.
PMB 262
8918 W. 21 Street N., Suite 200
Wichita, Kansas 67205
You
shall be held fully responsible for any misuse
or compromise to your account for which MetaPros
Website Solutions is not properly notified.
You agree that if any security violations are
believed to have occurred in association with
your account, MetaPros Website Solutions
has the right to suspend all access to the account
pending an investigation and resolution. You
also agree that MetaPros Website Solutions
has the right to cooperate in any government
or legal investigation regarding any aspect
of our services, including services sold to
you. Any use of our system to facilitate sales
of pirated software, illegal products or information,
or other violations of law will result in account
suspension and be immediately reported to the
appropriate authorities.
8.
BACKUP OF DATA
Although MetaPros Website Solutions takes
extreme measures to insure your data's integrity;
we cannot be responsible for lost data. MetaPros
Website Solutions is not responsible for storage
of order or sales data of any type, or loss
of that data, whatsoever for any amount of time.
9.
TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited
advertising or other harassing or illegal materials
through electronic mail, Usenet postings, or
other Internet media. The use of MetaPros
Website Solutions or any other service with
reference to services obtained through MetaPros
Website Solutions, for unsolicited mass mailings,
postings, or other activities considered an
annoyance to others, commonly referred to as
"spamming" is strictly prohibited
and may cause your services to be terminated
immediately and without warning and you will
be held fully responsible for any damages to
you, MetaPros Website Solutions, or any
other party or parties resulting from any such
conduct.
10.
PAYMENT
You agree to supply appropriate payment in advance
for the services received from MetaPros
Website Solutions, in accordance with invoices
received via email from MetaPros Website
Solutions. You understand that failure to supply
such payment in accordance with the instructions
contained in the invoice will result in account
suspension. You understand that MetaPros
Website Solutions at its sole discretion has
the right to refuse to reinstate a suspended
account regardless of subsequent payment attempts
by you. Further, you understand that there may
be fees associated with reinstatement of a suspended
account.
You
understand that invoices for MetaPros
Website Solutions service are sent out via email
only, and that it is your responsibility to
maintain working email addresses in your account
configuration. You understand that your failure
to receive these invoices for any reason does
not alleviate your responsibility to keep your
account current. You agree that all subscription
fees are nonrefundable and understand the need
to choose the subscription period carefully
to meet your needs.
11.
PRIOR AGREEMENTS
This agreement supersedes any written, electronic,
or oral communication you may have had with
MetaPros Website Solutions or any agent
or representative thereof, and constitutes the
complete and total agreement between the parties.
12.
SEVERABILITY
If any provision of this agreement is determined
to be invalid or unenforceable, all other provisions
shall remain in full force and effect and said
provision shall be reformed only to the extent
necessary to make it enforceable.
13.
TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION)
and Section 4 (NO WARRANTIES) shall survive
any termination of this agreement.
14.
APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable
laws of the State of Kansas, USA ("Kansas")
and the United States of America. Customer agrees
that all services provided by MetaPros
Website Solutions shall be deemed to have been
requested and provided in Sedgwick County, Kansas.
Customer further agrees that the General Court
of Justice of Sedgwick County, Kansas, shall
have personal jurisdiction over Customer and
exclusive subject matter jurisdiction over any
and all controversies or claims arising from
or relating to this agreement or the services
provided by MetaPros Website Solutions.
Customer
agrees to accept service of process related
to this agreement by ordinary mail, postage
prepaid, to the most recent address provided
by Customer.
15.
ACKNOWLEDGMENT
By creation of an account, or continuing to
maintain an account on MetaPros Website
Solutions servers you are stating and acknowledging
that you have read the aforementioned terms
and conditions and that you understand such
terms and conditions and agree to be bound by
them.
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