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Dynamic Shopping Cart Terms of Service:
DSF values its good reputation. Most of our customers do so and
seldom need to refer to these TOSs. Nonetheless, the following constitute
examples of unacceptable uses of DSF services, which will result in
suspension, or termination of the customer's account. In order to begin the
process of your DSF, you must understand and agree to the following facts,
terms and conditions:
We do not sell any software to you. We lease this system to you to be used in
the act of creating and publishing your Web site on the Internet. This is in
order to protect the commercial value of the program source code. We do not
allow for the resale of this system by a customer, nor do we sell the source
code of the system. Our software is not compatible with other companies'
servers and programming style.
If the client chooses to leave Dynamic Store Front: You will be provided with
the following:
1) Art Work (any art work that was designed for your web site that has been
paid in full)
2) HTML version of your front end of the site (does not include your control
panel)
3) Customer Address Book
4) Newsletter Email List
5) Text content on web site
6) Invoices from previous orders
6) Domain name (Belongs to the client not the company, registration fees are
not our obligation)
We allow you to upload your information and images to your Web site, using our
system. However, you must first agree to follow all legal rules regarding
content. These rules include the following:
You may not upload anything that:
(a) may be considered deceptive
(b) may be defamatory or libelous, lewd, or obscene.
(c) may be racist, threatening, harassing, libelous, or a violation of
intellectual property laws
(d) promotes stolen, pirated or unlicensed copyrighted material
(e) violates any laws regarding unfair competition, anti-discrimination or
false advertising;
(f) contains viruses, Trojan horses, worms, time bombs, cancelbots or other
similar harmful programming routines.
(g) Infringes on any third party's copyright, patent, trademark, trade secret
or other proprietary rights or right of publicity or privacy;
(h) violates any applicable law, statute, ordinance or regulation.
All materials deemed to be in violation of any of these rules are subject to
removal at our discretion.
To clarify further: All our software are Client/Server systems, which means
that all software code remains on our servers at all times. You are leasing
our system for use in selling your products or services.
We will provide you with a secure password-protected manager console from
which you, the client may update, add to and remove items as well as retrieve
orders placed. You must keep your password private at all times. If your
password is compromised and you can not change it using the manager console,
you agree to contact us immediately to change your password.
1. DSF cannot take responsibility for the quality of the products or services
presented on this system.
2. DSF disclaims any quarantines expressed implied on goDSF or services listed
on this system.
3. DSF DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
4. Contents of this Web site are the property of DSF, copyright ©2002. The
DSF logos are trademarks of DSF and may not be used without the prior written
consent of DSF. If you have any questions concerning the use of DSF or the DSF
logo, please contact Info@OnlineDrivenSoftare.com. Seller assumes all risk and
liability arising from their offer for sale any item. Buyers assume all risk
in purchasing any item on this system.
5. DSF is in no way liable for loss or damage experienced through the use of
this system.
6. DSF reserves the right to refuse service to anyone using this service.
7. Users must be of legal age to enter into binding contracts.
8. The sale of illegal items, including all counterfeit goDSF, is prohibited.
DSF will terminate the usage of any such items.
9. DSF is not responsible for the content or context used in the listings.
10. The use of private user information, other than as expressly permitted in
these Terms and Conditions is strictly prohibited.
11. DSF cannot guarantee that we will notice or prevent any inappropriate use
of this system. DSF cannot guarantee that we will notice of prevent users from
registering with false demographic information.
12. The individual buyers and sellers assume all risk. DSF cannot guarantee
that sellers will complete the sale of an item, produces sales or that buyers
will go through with the purchases of an item. This includes but not limited
to underage persons, or persons acting under false pretenses.
13. DSF is not responsible for the payment agreement between buyer and seller.
14. We back up our systems weekly and therefore DSF is not responsible for
damage or loss caused by errors in the system or the Internet, unless we are
at fault. The system may be unavailable unexpectedly, and result in errors or
circumstance beyond our control.
15. We have a reputation of a 99.8% Uptime excluding maintenance. Our server
is located on an OC48, which is part of the backbone of the Internet. We will
not be held responsible for downtime nor damages resulting from downtime. All
setup fees and domain registration fees are non refundable.
16. Maintenance hours usually occur between the hours of 1:00 AM and 4:00 AM.
17 DSF will not allow customers to host their own sites on their own server.
Unacceptable activities include:
a) Spamming - sending unsolicited advertising to those with which the customer
has no existing business relationship, posting off-topic advertising in
newsgroups.
b) Spoofing - using a return email address which is not the valid reply
address of the sender or sending an email message which does not contain
enough information to enable the recipient to identify the party who is really
sending the message; passive spamming. Promoting a web site hosted by DSF by
spamming from some other source.
c) Trolling - posting controversial messages in newsgroups to generate
responses.
d) Mail bombing - inundating a user with e-mail without any serious intent to
correspond.
e) Generating a higher volume of outgoing mail than a normal user over 10% of
available system resources.
f) Subscribing someone else to an electronic mailing list without that
person's permission.
A message is considered unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not requested the message.
Making an e-mail address available to the public does not constitute a request
to receive messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited email. Any customer
repeatedly "mail bombed" or that attracts such behavior will be
asked to leave. If you are not sure if your actions will be in violation,
please ask first (Info@OnlineDrivenSoftare.com).
Search Engine Submission:
DSF does not guarantee the Client of a specific position/ranking for their web site in the search engine results. We will make every attempt to obtain a high ranking for the Client's web site based on keywords but DSF is not liable for circumstances beyond our control, such as changes in policy of the search engines involved.
We do not guarantee any ranking results for any Web page. We also reserve the right in our sole discretion to adjust the ranking of search results for any Web page and to remove listings of Web pages if we believe people are abusing our Site. We do have a relationship with a company that specializes in search engine placement and rankings.
Abuse of the law:
DSF's services may be used for lawful purposes only. Illegality includes but
is not limited to: drug dealing; attempting without authorization to access a
computer system; pirating (distributing copyrighted material in violation of
copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling;
schemes to defraud; trafficking in obscene material; sending a message or
having content that is obscene, lewd, lascivious, filthy, or indecent with
intent to annoy, abuse, threaten, or harass another person; threatening bodily
harm or damage to individuals or groups; violating U.S. export restrictions;
stalking; or violating other state or federal law such as the Electronic
Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic
Espionage Act. Linking to illegal material is also prohibited. DSF reserves
the right to check system files, e-mail, and other data on our servers for
illegal content and materials, or for any other reasons deemed necessary.
Pornography:
Pornography and sex-related merchandising, or links to such material, even if
legal, is not an acceptable use of DSF's servers.
Hacking/Cracking:
DSF reserves the right to report illegal activities to any and all regulatory,
administrative, and/or governmental authorities for prosecution. When you close or delete a order the credit card information removed.
The rest of the billing details will remain. This is to protect both parties
from credit card fraud.
The following examples of unacceptable behavior are non-exclusive, and are
provided for guidance purposes. If you are unsure if your actions will be a
violation of our policies please contact Info@OnlineDrivenSoftare.com.
Server broadcast messages or any message sent on an intrusive basis to any
directly or indirectly attached network. Attempt to circumvent any user
authentication or security of host, network, or account. Accessing data not
intended for user. Probing the security of any network. Spawning dozens of
processes. Port scans, ping floDSF, packet spoofing, forging router
information, Denial of Service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots
such as eggdrop or BitchX. Any activity, whether or not the intrusion results
in the corruption or loss of data, will be investigated and proper action
taken. The presence of any of these programs, whether or not run, will result
in action against the user including suspension or termination.
Client Responsibility:
The client is responsible for all activity originating from the account unless
proven to be a victim of outside hacking or address forgery. The client is
responsible for securing their username/password. The client assumes
responsibility for all material on their site that may be put on by a third
party (such as the usage of Free For All link pages). Use of DSF's service
requires a certain level of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge varies depending on the
anticipated use and desired content of the web space by the client. DSF
provides free technical support for their packages, to help our clients be
successful and productive.
Backups Full:
Backups are made weekly, and backups of new/changed data made nightly. No
guarantees are made of any kind, either expressed or implied, as to the
integrity of these backups. Backups are made for server restoration purposes
only. It is the clients' responsibility to maintain local copies of their web
content and information. If loss of data occurs due to an error of DSF, DSF
will attempt to recover the data for no charge to the client. If data loss
occurs due to negligence of the client in securing their account or by an
action of the client, DSF will attempt to recover the data from the most
recent archive for a $40.00 fee.
IP numbers:
DSF maintains control and any ownership of any and all I.P. numbers and
addresses that may be assigned to the client and reserves in its sole
discretion the right to change or remove any and all IP numbers and addresses.
Refund Policy:
We pride ourselves on our efficiency. The majority of our work orders are fulfilled in a matter of 48 hours or less. Because of all the work orders placed with Dynamic Store Front are completed usually graphic design, web programming or payment processing, returns for services rendered are to be made within three days of date of purchase.
Limitation of Liability:
DSF shall not be responsible for any claimed damages, including incidental and
consequential damages, which may arise from DSF's servers going off-line or
being unavailable for any reason whatsoever. Further, DSF shall not be
responsible for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any web site from one of
DSF's servers. All damages shall be limited to the immediate termination of
service.
DSF shall be the sole arbiter of what is and is not a violation of these
acceptable use policies. DSF reserves the right to terminate an account at any
time and for any reason that causes harm to any DSF customer's web sites. DSF
reserves the right to delete all content and files upon termination. DSF
reserves the right to withhold any pre-paid funds for any site removed for
violations of these policies. DSF reserves the right to refuse, cancel, or
suspend service at our sole discretion.
If you authorize us to charge your credit card, billed monthly, for this period, we will automatically charge your card every month on
the numural day that you activated yoru account. This hosting agreement renews every month unless cancelled in writing
or the cancellation form by the client. There are no refunds for hosting
cancelled at any time during the month.
DSF reserves the right to change the Acceptable Use Policy without prior
notice or warning. Non-enforcement of any part of the Acceptable Use Policy
does not constitute consent. Violations of the Usage Policy should be referred
to Info@OnlineDrivenSoftare.com All complaints will be investigated promptly.
You may choose to not renew any quarterly or yearly hosting by sending written
notice to:
Dynamic Store Front, 1820 East Garry Ave., Suite 221, Santa Ana, CA
(92705-5807)
This agreement for web site service between you and Dynamic Store Front sets
your and our legal rights concerning payments, credits, charges, starting and
ending service, early termination fees, liability and other important topics.
This Agreement begins as of the date below.
Your right to change or end this agreement.
This agreement lasts for one month.. When you're a month-to month customer,
you can end this agreement at any time just by giving us notice, and we can do
the same. From time to time we may send you written notice of change to prices
or other terms of this agreement. If any of those changes adversely affect
your rates, rights, or service in a material way, you can end this agreement
during initial term, with out any early termination fee, just by giving us
written notice any time before 30 days after the end of the billing period in
which the changes go into effect. From time to time we may let you change your
pricing plan or service in another way. If we do, you're subject to the
requirements we set for that changes (which may include a new initial term).
If you are a month- to month customer, you must pay an early termination fee
of $15 if you end your service
for any reason (except as explicitly permitted by this agreement) before the
end of in initial term.
Payments, Deposits, Credit Cards, and Checks.
Payment is due as stated on your bill. Billing is done on a monthly basis but
we have the right to bill you more frequently if we are concerned about your
ability to pay us. If we don't receive payment in full before the next billing
date we'll charge you a late payment of up to 1.5 percent per month (an 18
percent annual rate) on any balances which remain unpaid, depending on the law
that applies to this agreement. Additional non-payment/late fees may apply. We
may require an advance deposit (or an increase in an existing deposit) from
you from time to time. In certain states as required by law, we'll pay simple
interest on any deposit at a rate (if any) that law requires, but you must
retain your evidence of deposit. We can apply deposits, payments, or
pre-payments you make in any order to the amounts you owe. You can't use your
deposit to pay any bill unless we agree. We may charge you a fee of up to $25
for any returned check depending on the law that apply to this agreement. If
you sign a credit card billing authorization and give us a credit card number
that we accept for payment of monthly bills, you're authorizing us to charge
the amounts you owe us then or later, to that number and to demand immediate
payment from the card issuer. You're also agreeing you'll pay, under the terms
of your agreement with the card's issuers, the amounts charged to your credit
card.
Our Rights to Restrict or End Service to this agreement.
To maintain or improve web site service, to prevent fraud, or for other
business reasons, we can restrict or modify your service without notice. We
can restrict or end your service or end this agreement without notice if you:
(a) pay late more than once in any 12 months; (b) incur charges larger than
any required deposit (even if we haven't billed them); (c) exceed any credit
limit; (d) make a false statement to use; (e) interfere with our customer
service or other business operations; (f) become insolvent or go bankrupt; or
(g) breach any part of this agreement. We can restrict or end your service if:
(h) we can't verify your credit information; (i) we believe your service is
being misused, resold or used by anyone for unlawful activity; (j) the use of
your service adversely affects service to other customers.
Our Rights to Make Changes.
All service we provide is subject to our business policies, practices and
procedures, which we can change without notice. We can also change prices and
any other terms in this agreement at any time by giving you written notice
prior to the billing period in which the changes would go into effect. If the
changes adversely affect your rates or service in a material way, your right
to end this agreement without any early termination fee (as described earlier)
is your only remedy. If you choose to continue to use our services after
receiving notice of any changes, those changes will apply to you.
Dispute Resolution: Any disputes arising under this agreement will be subject,
first to mediation, and then to binding arbitration, under the rules of the American
Arbitration Association, in Orange County, CA. If any other legal action is necessary
to enforce this agreement, the prevailing party shall be entitled to reasonable attorney
fees, costs and expenses, in addition to remedies made available to it, under the law.
By clicking I agree you are agreeing to all of the terms of service and all sections of this form.
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