Last Revised: December 3, 2014
This Online Store/Quick Shopping Cart Agreement ("Agreement") is by and between DomainSmart (" DomainSmart "), an AZ individual, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of DomainSmart's Online Store/Quick Shopping Cart Service (the "Service") and represents the entire Agreement between You and DomainSmart. By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which DomainSmart may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with DomainSmart, whether or not the transactions were in Your behalf. You acknowledge that DomainSmart's acceptance of any application made by You for services provided by DomainSmart will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.
As consideration for the Service purchased by You and provided to You by DomainSmart, You agree to pay DomainSmart a monthly or annual fee, depending on which payment plan You signed up for when You purchased the Service. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You establish Your Online Store/Quick Shopping Cart account with DomainSmart unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual payment plan, and You elected the automatic renewal option, DomainSmart will automatically renew Your service when it comes up for renewal and will take payment from the Payment Method You have on file with DomainSmart, at DomainSmart's then current rates. Payment is to be made by You providing either a valid credit card, an online check, or using "Good as Gold" to establish a cash reserve for charge by DomainSmart (collectively, the "Payment Method"). Personal checks and money orders may only be used only to fund "Good As Gold" (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or service, and any money order that does not clear will result in a $25 processing fee. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason DomainSmart is unable to charge Your Payment Method with the full amount of the Service provided, or if DomainSmart is charged a penalty for any fee it previously charged to Your Payment Method, You agree that DomainSmart may pursue all available remedies in order to obtain payment. In the event that You exceed the scope of the Service as set forth in Your Agreement, You shall pay DomainSmart for such additional service not within the scope of Your Agreement as specified. DomainSmart reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Management page.
2. TERM, TERMINATION, MODIFICATIONS
The term of this Agreement shall commence on the date You purchase the Service, and will continue in full force and effect as long as DomainSmart is providing the Service to You.
You agree that You will be responsible for notifying DomainSmart should You desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided to DomainSmart no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, DomainSmart will automatically continue providing access to the Service indefinitely and will charge the Payment Method You have on file with DomainSmart, at DomainSmart's then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. DomainSmart reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Service.
You agree that DomainSmart may modify this Agreement from time to time. DomainSmart may also discontinue the Service. You agree to be bound by any changes DomainSmart may reasonably make to this Agreement when such changes become effective.
3. THE SERVICE
With Online Store/Quick Shopping Cart, DomainSmart will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of DomainSmart's policies and procedures.
Online Store/Quick Shopping Cart allows You to:
- add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront rendered as a domain (web site) or sub-domain;
- engage in the selling of physical and downloadable goods over the Internet;
- arrange for the collection of payment related to applicable tax and shipping fees;
- collect credit card and personal information for the purpose of conducting transactions;
- perform order management and processing activities; and
- generate business reports related to storefront business activity
You shall be solely responsible for providing, updating, uploading and maintaining Your storefront and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your storefront, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Service.
Shared SSL Certificates
Any SSL certificate You purchase from DomainSmart or its affiliates to use in conjunction with a shared hosting plan provided by DomainSmart, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by DomainSmart, DomainSmart will generate and securely store a corresponding private key. For security reasons, at no time will DomainSmart release Your private key, even if You request it. I f You wish to export Your SSL certificate for use on a non DomainSmart hosting server, You will need to make a request to DomainSmart no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosting account with DomainSmart has been cancelled, You will have thirty (30) days to follow the DomainSmart Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.
Availability of Services
Subject to the terms and conditions of this Agreement, DomainSmart shall attempt to provide the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which DomainSmart may undertake from time to time; or (iii) causes beyond the control of DomainSmart or which are not reasonably foreseeable by DomainSmart, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that DomainSmart has no control over the availability of the Service on a continuous or uninterrupted basis.
Unlimited Product Catalog
You agree the performance of Your storefront may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree DomainSmart has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.
4. YOUR OBLIGATIONS
By using the Service, You agree You are age 18 or over. The Service is available only to persons who can make legally binding contracts under applicable law.
You agree You have provided accurate, current and complete information in the application process and that You will notify DomainSmart within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by DomainSmart to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if DomainSmart has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, DomainSmart has the absolute right, in its sole discretion, to terminate the Service and close Your account.
Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service and all rights are reserved by DomainSmart or its licensor. You agree that Quick Shopping Cart, the names and logos of DomainSmart and all related product and service names, design marks and slogans, are the property of DomainSmart and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of DomainSmart. You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by DomainSmart. You affirmatively acknowledge DomainSmart is relying on Your representation concerning Your proper use of all content on any web site You create or control. Moving Your web site from one hosting server or provider to another is Your responsibility. DomainSmart will not transfer or FTP Your Web site to another hosting provider.
Product and Service Agreements
You agree to enter into any Third Party User Agreements necessary before You may use any of the Payment, Shipping, Tax Calculations or other options associated with the Service. You further agree to enter into any DomainSmart and affiliate User Agreements required for the customization and operation of the Service, including, but not limited to, agreements for domain registration, hosting, and products. Such Agreements may be found here
End Customer Payment and Taxes
You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the Service. It is Your responsibility to read and agree to all End User License Agreements required for use of Your selected Payment Methods and Tax options. DomainSmart is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on DomainSmart's servers; and (iv) ensure the confidentiality of Your password. DomainSmart's servers and hosting services are not an archive and DomainSmart shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify DomainSmart, whereupon DomainSmart shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. DomainSmart will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by DomainSmart or another party due to someone else using Your account or password.
If You are hosting Your web site on DomainSmart's servers, You are responsible for ensuring there is no excessive overloading on DomainSmart's DNS or servers. You may not use DomainSmart's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and DomainSmart reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. DomainSmart prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by DomainSmart. You agree DomainSmart reserves the right to remove Your web site temporarily or permanently from its hosting servers if DomainSmart is the recipient of activities that threaten the stability of its network.
Sample Terms and Conditions
Sample Terms and Conditions are provided for reference purposes only. DomainSmart is not responsible for Your use of the sample terms and conditions -- You use them at Your own risk. The default terms and conditions provided through the Terms and Conditions page can be used with the following disclaimer: The descriptions and suggestions are not legal, tax or financial advice. Online Store/Quick Shopping Cart does not guarantee to the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure Your terms and conditions are sufficient to meet Your needs, appropriate for Your jurisdiction and are legally binding on Your customers.
Facebook Page Designer
Quick Shopping Cart includes access to a Facebook page designer (the “Facebook Page Designer”). The Facebook Page Designer allows You to create a customized Facebook page. In order to use the Facebook Page Designer, You will need to (i) set up a Facebook account (if You do not have one already) and (ii) activate a public page from within Your Facebook account. After You finish designing Your Facebook page, You will need to link the Facebook page to Your Facebook account in order for the Facebook page to be navigable. Please note that Your Facebook page will be accessible via the same control panel as Your cart. Accordingly, Your cart must be active before Your Facebook page can be published
General Rules of Conduct; Facebook Restrictions
In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, You specifically acknowledge and agree that:
- If You access the Facebook Page Designer, You shall not use it to launch a Facebook page that promotes, provides content referencing, facilitates, contains, or uses any of the following:
- Alcohol-related content, or sale of tobacco products, ammunition and/or firearms;
- Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
- Gambling, including without limitation, any online casino, sports books, bingo or poker;
- Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if You run, reference, or facilitate a legally permissible sweepstakes, contest, or other promotion You are subject to Facebook's Promotions Guidelines located here: http://www.facebook.com/promotions_guidelines.php); or
- Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- If You access the Facebook Page Designer, You must ensure that You own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within Your application to Facebook users in all countries where You make the content available.
6. DomainSmart 'S RIGHTS
DomainSmart explicitly reserves the right and sole discretion to:
- modify its pricing through email notification;
- terminate Your use of the Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that DomainSmart determines to be harmful to its other customers, operations, or reputation;
- terminate Your use of the Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against DomainSmart or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and
- terminate Your Service if You have not accessed or logged into it for ninety (90) days.
If DomainSmart terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. DomainSmart has no obligation to monitor Your use of the Service, but reserves the right in its sole discretion to do so.