Terms of Service
Ecommerce Shop Terms of Service (2013)
ECOMMERCE SHOP IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
The following agreement ("Agreement") is entered into between you ("Customer" or "you") and Ecommerce Shop, ("Ecommerce Shop"), a product of Ecommerce Hong Kong, running a business at 2nd Floor, Tung Kin Factory Building,196-198 TsatTszMui Road, Quarry Bay officially under the parent company Time 4 Orange Ltdand is made effective on the date of electronic acceptance. This agreement sets forth the terms and conditions that govern your use of this website and the products and services (collectively, the "Services") found at this site, and is in addition to and not in lieu of any specific terms and conditions that apply to your purchase of a particular Service. In the event that you provide a purchase order or other ordering document to facilitate your purchase, the document is incorporated by reference only to the extent that it identifies the Services to be purchased, and all other terms and conditions included in such document are hereby rejected by Ecommerce Shop.
Your electronic acceptance and/or use of the Services signifies that you have read, understood and agreed to be bound by the terms and conditions of this Agreement as well as any policies posted on this website and that by such acceptance and/or use of the Services you agree that any previous agreements between you and Ecommerce Shop will be terminated and superseded by this Agreement. You acknowledge and agree that Ecommerce Shop's acceptance of this Agreement and the provision of Services are performed at Ecommerce Shop's offices in Quarry Bay, Hong Kong. Ecommerce Shop, in its sole discretion, may refuse to provide the Services to any one at any time and for any reason. If Ecommerce Shop exercises this right, Ecommerce Shop will not charge you for the Services and/or refund you for the amounts paid for the Services during the month that Ecommerce Shop invokes its right to deny Service.
Ecommerce Shop, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Last Revised" date at the top of this page or (iii) your continued use of the Services after Ecommerce Shop posts the amended Agreement to Ecommerce Shop.com.
2. Eligibility, Point of Contact, Account Ownership
The Services found at this Site are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that you are not on the Hong Kong SAR list of Blocked Persons and are not otherwise a person to whom Ecommerce Shop is legally prohibited to provide the Services.
Customer shall designate a single "Point of Contact" in the accompanying Order Form. Customer's Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that Ecommerce Shop may rely on representations made by Customer's Point of Contact. Customer may change its Point of Contact at any time by giving written notice to Ecommerce Shop in accordance with the notice provisions of this Agreement. Ecommerce Shop is under no obligation to accept instructions from anyone other than the Point of Contact. Notwithstanding the foregoing, Ecommerce Shop shall not be liable for any loss or damage resulting from Ecommerce Shop's reliance on any instruction, notice, document or communication reasonably believed by Ecommerce Shop to be genuine and originating from an authorized representative of Customer's corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Ecommerce Shop reserves the right (but not the obligation) to require additional authentication from Customer. In order to permit Ecommerce Shop to protect the quality of its products and services, you hereby consent to Ecommerce Shop staff being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
3. Dispute of Site or Account Ownership
The entity or person creating the account and designated as the owner shall be deemed the account owner. For security reasons, only the account owner or Point of Contact designated by the account owner shall be allowed to make changes, cancellations, or designate a new Point of Contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account. Ecommerce Shop is not obligated to and will not resolve any such disputes.If multiple persons are claiming ownership of or rights in a site, store or account, and, in Ecommerce Shop's sole judgment, there is no certainty as to the ownership of or rights in said site or account, then Ecommerce Shop will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Ecommerce Shop of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Ecommerce Shop, in its sole judgment, deems to be a reasonable time, then Ecommerce Shop, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve said dispute and reach certainty regarding ownership of or rights in said site, store and/or account. The person or persons conclusively and finally determined by court order or settlement agreement to be the rightful owner(s) or interest holder(s) of said site, store and/or account shall be obligated to pay all amounts due and comply with the Transfer Policy, if required, to transfer ownership of the site, store and/or account to the rightful owner. Failure of the rightful owner of said site, store and/or account timely pay in full all of said amounts shall be deemed a breach of these Terms and shall subject the account to immediate termination.
To transfer ownership of an account, Customer must contact Ecommerce Shop and comply with the Transfer Policy.
Ecommerce Shop personnel may from time to time recommend third party software or other products and services for your consideration. ECOMMERCE SHOP MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM ECOMMERCE SHOP, INCLUDING THE COMPATIBILITY OF SUCH PRODCUTS AND SERVICES WITH ECOMMERCE SHOP SOFTWARE. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services.
5. Software Updates
From time to time, Ecommerce Shop may update the software associated with a Service for many reasons, including but not limited to, (a) to maintain PCI compliance; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features. Ecommerce Shop makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, Ecommerce Shop shall not be responsible for the effect an update has on any code not provided by Ecommerce Shop and any modifications to such code to restore functionality shall be Customer's sole responsibility and cost.
Where support is provided by Ecommerce Shop, Ecommerce Shop will provide technical support for the most recent update or version of the Software associated with a Service. From time to time, Ecommerce Shop may provide support for an older version(s), however Ecommerce Shop reserves the right to suspend or terminate such support at any time, with or without notice.
6. Use of Customer's Name and Trademarks
Customer hereby grants Ecommerce Shop a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, and service marks (collectively, "Customer's Marks") as are listed on Customer's Content or otherwise provided to Ecommerce Shop in connection with this Agreement (a) on Ecommerce Shop's own Web Sites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Ecommerce Shop's Services, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use Ecommerce Shop's trade name, trademarks, and service marks (collectively, "Ecommerce Shop's Marks") in advertising and publicity in conjunction with the offering of Customer's Content via Ecommerce Shop, provided that Customer shall submit copy to Ecommerce Shop for its prior written approval, and provided further that under no circumstances shall such use imply that Ecommerce Shop endorses, sponsors, certifies, approves or is responsible for Customer's Content. Notwithstanding the foregoing, Customer need not obtain Ecommerce Shop's prior written approval where use of Ecommerce Shop's Marks is limited to inclusion in a list of systems via which Customer's Content is available.
7. Use of Customer's User Content
Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). By providing User Content to Ecommerce Shop via any method (e.g. site submission, email, survey responses, etc.), you represent and warrant to Ecommerce Shop that (i) you have all necessary rights to distribute User Content via this website or via the Services found at this website, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
The provisions in this Section apply specifically to Ecommerce Shop's use of User Content posted to Ecommerce Shop's corporate websites or submitted directly to Ecommerce Shop. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
You acknowledge and agree that:
1. Your User Submissions are entirely voluntary.
2. Your User Submissions do not establish a confidential relationship or obligate Ecommerce Shop to treat your User Submissions as confidential or secret.
3. Ecommerce Shop has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
4. Ecommerce Shop may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Ecommerce Shop shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to Ecommerce Shop by any method, and shall be entitled to the unrestricted use and dissemination of any User Submissions provided for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
Customer may not sublicense or resell any of Ecommerce Shop's Services to any third parties without the prior written permission of Ecommerce Shop. By way of example and not limitation, Customer may not provide Web Hosting services through its Ecommerce Shop Services to any third party without Ecommerce Shop's prior written permission. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement.
9. Fees and Payment
A. Fees. In consideration of the Services, Customer will pay to Ecommerce Shop all fees due according to the prices and terms listed on the website. All sales are final and Ecommerce Shop offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services. Ecommerce Shop expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal. Ecommerce Shop may, at its sole option, extend payment terms to You. Should Ecommerce Shop extend payment terms, You agree that Your obligation to pay Ecommerce Shop for the Services ordered begins on the date of purchase and does not end until paid in full, even if the Services are abandoned, suspended, terminated or transferred prior to such time.
B. Payment. Unless otherwise agreed to by Ecommerce Shop, all payments are due upon signup, the Services will not begin until payment is received. All recurring charges will be due on the monthly anniversary date of your initial signup. It is Customer's obligation to review all monthly charges for accuracy. Failure to dispute a charge within six (6) months following such charge shall constitute Customer's agreement that all charges are valid and Customer agrees to waive any claims it may have had regarding such charge. If a payment is returned or rejected by paypal, or incurs additional costs for Ecommerce Shop (e.g., fees) for any reason, then Customer may be charged a fixed service fee and be required reimburse all such fees and costs incurred by Ecommerce Shop, and Customer shall be immediately deemed to be in default of this Agreement. If Customer defaults, Customer agrees to pay Ecommerce Shop its reasonable expenses, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights.
C. Billing Policies and Cycles. We offer billing via paypal. All initial fees must be paid prior to service setup. These fees may include service setup fees and first month service charge. Our billing cycle begins on the day we setup your account, and is due on that day each month thereafter. Ecommerce Shop attempts to automatically charge your account for any past due invoice for current, suspended and cancelled accounts. Accounts suspended and reactivated must pay all past due and current amounts as well as a reactivation fee. Accounts past due over 30 days cannot be reactivated. You must sign up for new service and pay the full setup fees associated with the plan you choose. To cancel your account, you must follow the procedure in Section 18. To ensure that you are not billed for another month of service, you must cancel your account before your billing cycle due date.
Note: All billing correspondence (invoices, notifications, etc.) is done via email. It is crucial that you maintain a current email address with us.
D. Taxes. All fees charged by Ecommerce Shop for the Services are exclusive of all taxes, VAT and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for taxes based on Ecommerce Shop's net income. If Ecommerce Shop is required to pay directly any such taxes, Customer will, upon receipt of Ecommerce Shop's invoice, promptly reimburse Ecommerce Shop for any such taxes paid by Ecommerce Shop.
10. Acceptable Use Policy
A. Acceptable Use Policy. Ecommerce Shop maintains on its Web site Ecommerce Shop's then-current Acceptable Use Policy ("AUP"). Customer agrees to abide by the AUP. Ecommerce Shop may modify its AUP at any time, and shall post the then-current AUP on Ecommerce Shop's Web site, which will be effective upon posting.
B. End Users to Comply with AUP. Customer acknowledges that Ecommerce Shop may terminate an end user's access to Customer's Web Site for noncompliance with Ecommerce Shop's AUP. Ecommerce Shop may thus terminate such end user's access to Customer's Content even if the end user has not violated Customer's own terms and conditions of use of its Web Site. Ecommerce Shop acknowledges that Customer may terminate a User's access to Customer's Content for noncompliance with Customer's terms and conditions.
Customer acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Services is to allow end users easy access to Customer's Content. Ecommerce Shop will take those precautions Ecommerce Shop deems reasonable in its sole discretion to secure Customer's Web Site from attack, but Ecommerce Shop makes no warranty that there will be no outages or interruptions of service, or that Customer's Content will be secure against attack of any form by end users or other third parties.
12. PCI Guidelines
Ecommerce Shop provides a framework to its customers, which is CISP, certified under optimal security settings. However, if a Ecommerce Shop customer chooses to utilize the software other than as intended, utilize third party services or software, fail to install a SSL Certificate, or otherwise combine the software with software not approved by Ecommerce Shop (each a “Customer Fail Point”), Customer may fail to comply with the minimum PCI standards regardless of Ecommerce Shop’s certification.
Therefore, if a Ecommerce Shop customer chooses to engage in one or more Customer Fail Points, that customer assumes all liability for their actions and the inherent risk associated with viewing, processing, storing or transmitting credit card information and agrees to indemnify Ecommerce Shop of any costs, claims or damages associated with such risk. Ecommerce Shop will not be responsible for any such risk or liability regardless of the security settings.
Further, if a merchant chooses to view credit card information, they are certifying that they understand and are following all PCI guidelines for viewing credit card information. These guidelines can be found at Visa's website: PCI Overview
If a merchant does not follow all of the PCI guidelines when viewing credit card information, that merchant is in breach of its contract with Ecommerce Shop and possibly Visa/Mastercard/Discover/American Express. You agree to indemnify and hold Ecommerce Shop harmless from any and all claims, costs or damages associated with your failure to follow PCI guidelines.
Regardless of any Customer Fail Point, a customer must comply with the PCI DSS and assume liability applicable to PCI DSS. In addition, per PCI guidelines, stores must use a strong security protocol such as SSL to safeguard sensitive cardholder data over networks.
At its discretion, Ecommerce Shop reserves the right to change the security settings of any merchant at any time with or without warning. Ecommerce Shop further reserves the right, but not the obligation, to suspend or terminate any merchant that is suspected or proven to be in violation of minimum PCI guidelines.
13. Prohibited Practices
Ecommerce Shop shall have no duty or obligation to monitor Customer's Content or any other Content provided or distributed by others, and Ecommerce Shop shall not edit or otherwise exercise any control over Customer's Content. Nevertheless, Ecommerce Shop may, in its sole discretion at any time, without notice to Customer, and without liability to Customer, remove from public view, disconnect, or terminate the hosting of any of Customer's Content or other Content that Ecommerce Shop deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is adjudicated to be in violation of the laws of the state where the server resides; illegal or sexually explicit Content or activities, or any Content that allegedly violates the law, rules or regulations of any country or subdivision thereof; (ii) the content constitutes harassment of Users, including, but not limited to, by means of Customer's billing practices; or (iii) Customer's noncompliance with or material breach of any of the terms and conditions of the AUP or this Agreement; or (iv) claims made by third parties against Ecommerce Shop that Customer or any of its end users has engaged in one or more of the above practices.
14. No Solicitation
Customer agrees Customer will NOT approach any employees of Ecommerce Shop and its affiliates with proposals to hire them as its own employees or contractors. If you were to hire any of Ecommerce Shop's employees, you agree to pay Ecommerce Shop for each employee hired the greater amount of three (3) years' salary for that employee as you are to pay such employee, or $200,000.
15. Customer's Indemnification
Customer shall indemnify and hold harmless Ecommerce Shop from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees and fees attributable to in house legal personnel, arising from or relating to Customer's provision, or an end user's use, of Customer's Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
16. DISCLAIMER OF WARRANTIES
CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". ECOMMERCE SHOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ECOMMERCE SHOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ABILITY OF THE SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (III) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ECOMMERCE SHOP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ECOMMERCE SHOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
17. LIMITATION OF LIABILITY
ECOMMERCE SHOP ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, LOST REVENUE OR PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ECOMMERCE SHOP IS AWARE OF THE POSSIBILITY THEREOF. ECOMMERCE SHOP SHALL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
18. Terms and Termination.
You may terminate your right to access and use the Service - only by logging in to customer account and following the instructions available. For security reasons, Ecommerce Shop requires that you authenticate any cancellation, including paying the stated termination fee where applicable (i.e. Merchant Services, etc.). Failure to do so will result in the cancellation request not being processed and you will be liable for all recurring fees until such authentication is complete. PLEASE NOTE that a cancellation of a particular Service may not cancel all Services associated with your account.
Ecommerce Shop may terminate this Agreement and/or your right to access and use the Service, in whole or in part, at any time and for any reason. Ecommerce Shop reserves the right, but not the obligation, to cancel or suspend your Service if your site(s) causes a sudden significant increased draw on system resources (i.e. a DDOS attack) that in Ecommerce Shop's sole opinion impairs its ability to provide Services to other customers. Ecommerce Shop also reserves the right to immediately terminate this Agreement and/or your right to access and use the Service, in whole or in part, if Ecommerce Shop finds that you have been abusive to Ecommerce Shop employees.
Upon expiration or effective termination of the Service by either party for any reason, (a) Ecommerce Shop will cease providing the Service, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise, unless Ecommerce Shop terminates such Service without cause, and (c) any outstanding balance for your usage of the Service through the effective date of such termination or expiration will be immediately due and payable in full.\
19. No Assignment by Customer
Customer may not assign this Agreement without the prior written consent of Ecommerce Shop, which Ecommerce Shop may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without prior written permission shall be deemed null and void. Ecommerce Shop may assign this Agreement, which shall be effective upon written notice provided to Customer.
20. No Third-Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
21. Notices of Trademark and Copyright Infringement
Ecommerce Shop supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Ecommerce Shop's Trademark and/or Copyright Infringement Policy below.
To cover the increasing cost of processing abuse claims, Ecommerce Shop reserves the right to charge Customer a processing fee for each instance of notification received from a legitimate copyright holder. Ecommerce Shop reserves the right to suspend or terminate any Services if, upon notification, Customer fails to comply with a legitimate infringement claim within the specified time.
22. Proprietary Rights Notice
The Service, which includes but is not limited to, all intellectual property rights in the Service are, and shall remain, the property of Ecommerce Shop or its licensor (as applicable). All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by Ecommerce Shop and its licensors (as applicable). Without limiting the generality of the foregoing, you shall not (and shall not allow any third party to): (a) use the Service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against Ecommerce Shop; (b) sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Ecommerce Shop; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Ecommerce Shop (or any of its affiliates or licensors); (e) reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law; or (f) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
(i) Any notice or other communication ("Notice") required or permitted under this Agreement shall be in writing and either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested, to the address listed above in this Agreement, for Ecommerce Shop or the address provided in the application form submitted with the payment for Customer; (ii) a Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by facsimile shall be deemed given when transmitted, provided that confirmation of that transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given; (iii) either party may designate, by Notice to the other, substitute addresses, addressees or facsimile numbers for Notices, and thereafter, Notices are to be directed to those substitute addresses, addressees or facsimile numbers.
Except for disputes governed by the Uniform Domain Name Resolution Policy, the local laws shall govern the validity and construction of this Agreement and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict of laws; and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to) the jurisdiction and venue of the courts of Hong Kong SAR. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. The parties specifically exclude from application to this Agreement from the United Nations Convention on Contracts for the International Sale of Goods.
If a ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had been amended to the extent necessary to be enforceable within the jurisdiction of the court making the ruling and to preserve the transactions originally contemplated by this Agreement to the greatest extent possible. The section and subsection headings have been included for convenience only, are not part of this Agreement and shall not be taken as an interpretation of any provision of this Agreement. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and there are no representations, promises, warranties, covenants or understandings with respect thereto other than those contained in this Agreement. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any purchase order issued by Customer with respect to the Services provided under this Agreement shall not be applicable and that any acceptance of such purchase order by Ecommerce Shop shall be for acknowledgment purposes only.
Failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time. The remedies set forth in this Agreement are cumulative and are in addition to any other remedies allowed by law. Resort to one form of remedy shall not constitute a waiver of alternate remedies.
25. Additional Service Specific Terms
In addition to the general Terms of Service above, you also agree to be bound by the additional service specific terms applicable to the Services you purchase and/or use. The following Service Specific Terms and Policies are hereby incorporated by reference and will be binding upon the parties.
Ecommerce Shop grants you a limited, non-exclusive license to use the ecommerce solution as defined by the package you have selected for the sole purpose of operating an online store. All rights not expressly granted are hereby reserved by Ecommerce Shop.
Ecommerce Shop shall provide storage for the Software and content of Customer's Web Site and make it available for end-users to access (the "Hosting Services"). Customer will be allocated the disk space and SQL disk space as designated in the plan purchased. Should Customer use more than the designated disk space, Ecommerce Shop reserves the right to charge an Overage fee at then current list price. Disk space overages shall be calculated by using a daily average over a monthly period. You may monitor your disk space usage in myEcommerce Shop. Customer agrees that if it goes over the allocated disk space, Ecommerce Shop shall charge and Customer shall pay an overage fee for each 1 GB block used in whole or in part. For clarity and not limitation, if Customer uses 0.5 GB over the allocated space, Customer will be charged for 1GB, if the customer uses 1.3 GB, Customer will be charged for 2GB. Customer will have the option to pre-purchase blocks of additional space above and beyond that included in the plan. Such blocks of additional space shall be sold as a reoccurring add-on to the Plan subject to the terms and conditions herein.
Should Customer use more than the designated SQL disk space, Ecommerce Shop reserves the right to clean SQL tables and charge Customer for such service, require Customer clean tables or otherwise reduce space usage, or charge a fee for such overage. Ecommerce Shop, in its sole discretion, may select to take any or all of the above actions; however it has no obligation to take any of the above actions.
The servers used to provide the Hosting Services are physically located in the Hong kong SAR, China and as such all content will be subject to the laws thereof.
You agree Ecommerce Shop has no control of availability of the Hosting Services on a continuous or uninterrupted basis. Ecommerce Shop makes no warranty that the Hosting Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
You further agree that as a normal course of its business, it may be necessary for Ecommerce Shop to migrate its servers. As a result, even though you may have a dedicated IP, You may be assigned a different IP number. Ecommerce Shop does not warrant that you will be able to consistently maintain Your given IP numbers.
From time to time your site may be subject to an event expected to cause a significant spike in traffic, such as appearance on a nationally syndicated television show or substantially advertised promotion. Ecommerce Shop reserves the right, but not the obligation to quarantine your site, throttle traffic or invoke other necessary techniques to protect other customers from being affected in the event of a sudden, significant increase in traffic. Ecommerce Shop encourages you to provide advanced notice of such planned events to us so that we can create a response plan to minimize the effect on your site. Unless otherwise agreed to by an authorized Ecommerce Shop Manager, any move to a quarantined or otherwise dedicated server will be will not last more than seven (7) days, and will not include any additional support, or any warranties of increased bandwidth, uptime, connections per second, or other enhanced performance metrics. Unless you purchase a Burst Capacity bundle and/or pre-pay for expected bandwidth overages, all normal overage fees shall apply. If you purchase a Burst Capacity bundle that includes Fraud Score, you will receive a 1 month subscription to the designated Fraud Score package. Your subscription will automatically renew as a recurring monthly subscription unless and until you cancel such subscription as provided for in Section 18.
Service Level Warranty
Ecommerce Shop warrants that the network will be available 99.9% of the time in a given month. This service level warranty shall not apply to performance issues: (1) to the extent caused by factors outside of Ecommerce Shop's reasonable control; (2) that resulted from any actions or inactions of Customer or any third parties not affiliated with Ecommerce Shop, for example a DDOS attack on Customer's site or another customer's site hosted on the same server; (3) that resulted from Customer's equipment and/or third party equipment; (4) that resulted from software related issues; or (5) that are scheduled by Ecommerce Shop for purposes of maintaining or updating the Web Site or the Software. The network availability measurement expressly excludes downtime caused by (1)-(5) above.
Subject to Section 17 of this Agreement, if you experience Network Downtime above and beyond the 99.9% availability, upon request Ecommerce Shop will refund a customer 5% of the monthly fee for each 30 minutes of Downtime (up to and not to exceed 100% of customer's monthly fee). This is your sole and exclusive remedy for failure to meet the Service Level Warranty. "Network Downtime" exists when a particular customer is unable to transmit and receive data and Ecommerce Shop records such failure in the Ecommerce Shop trouble ticket system. Network Downtime is measured from the time the trouble ticket is opened by the customer to the time the server is once again able to transmit and receive data. If Customer fails to comply with this requirement, Customer forfeits its right to a receive service credit.
Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your web site, 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 Services. Notwithstanding anything in this Agreement to the contrary, in no event shall your web site violate Ecommerce Shop's AUP or consist of pages containing any of the following types of content:
1. pornographic, obscene or excessively profane content;
2. content intended to advocate or advance computer hacking or cracking;
4. illegal activity;
5. drug paraphernalia; or
6. hate, violence or racial or ethnic intolerance.
Information Shared with Partners
As a condition of purchasing and using the Hosting Services, you acknowledge and agree Ecommerce Shop may provide your personal information to their partners, as required to provide the plans for which you are purchasing.
You acknowledge and agree Ecommerce Shop shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by Ecommerce Shop pursuant to such justification. You acknowledge and agree that you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses, you acknowledge and agree Ecommerce Shop shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
You represent and warrant to Ecommerce Shop that:
1. Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
2. infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and
3. that you own your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within your web site.
You also warrant that the web site being hosted by Ecommerce Shop will not be used in connection with any illegal activity. If you are hosting your web site on Ecommerce Shop's servers, you are responsible for ensuring there is no excessive overloading on Ecommerce Shop's DNS or servers. In the event you exceed your allotted bandwidth, compute cycles or disk space and thereby overload Ecommerce Shop's DNS or servers, you shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Ecommerce Shop'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 Ecommerce Shop reserves the right to remove sites containing information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Ecommerce Shop prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Ecommerce Shop. You agree Ecommerce Shop reserves the right to remove your web site temporarily or permanently from its servers if Ecommerce Shop is the recipient of activities that threaten the stability of its network. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:
1. in any application or situation where failure of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage;
2. disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Ecommerce Shop, in its sole discretion, may permit you, if you have a legitimate purpose and after request, to send more email than Ecommerce Shop's standard SMTP relay limit;
3. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
4. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
5. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
6. export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the Hong Kong SAR and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
7. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding your authorization;
8. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
9. engage in any other activity deemed by Ecommerce Shop to be in conflict with the spirit or intent of this Agreement or any Ecommerce Shop policy; or
10. use your server as an "open relay" or similar purposes.
Ecommerce Shop prohibits the running of a public recursive DNS service on any Ecommerce Shop server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Ecommerce Shop actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
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:
1. prevent any loss or damage to your web site content;
2. maintain independent archival and backup copies of your web site content;
3. ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on Ecommerce Shop servers; and
4. ensure the confidentiality of your password.
Ecommerce Shop's hosting servers are not an archive and Ecommerce Shop shall have no liability to you or any other person for loss, damage or destruction of any of your content. You are solely responsible for the backup of your content. Ecommerce Shop shall have no liability to you or any other person for your use of the Hosting Services in violation of these terms or any applicable law or regulation. You shall at all times use the Hosting Services as a conventional and/or traditional web site. You shall not use the Hosting Service in any way, as determined in Ecommerce Shop's sole discretion, that shall impair the functioning or operation of Ecommerce Shop's Services or equipment. You acknowledge and agree that Ecommerce Shop has the right to carry out a forensic examination in the event of a compromise to your server or account.
In the event you terminate, moving your web site off of the Ecommerce Shop hosting servers is your responsibility. Ecommerce Shopwill not transfer or FTP your web site to another provider. In the event your use of the Services is terminated, Ecommerce Shop will not transfer or manage your Services or your web site content.
Additionally, in the event you elect to install or seek assistance from Ecommerce Shop in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant you have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Ecommerce Shop and its employees, officers and directors for, from and against any and all claims brought against Ecommerce Shop and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party's rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event you shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Ecommerce Shop in connection with any such claims.
Suspension of Hosting Services
Ecommerce Shop may suspend Services without liability if: (i) we reasonably believe that the Hosting Services are being used in violation of this Agreement or our Policies; (ii) you don't cooperate with our reasonable investigation of any suspected violation of this Agreement or our Policies; (iii) there is an attack on your hosted system or your hosted system is accessed or manipulated by a third party without your consent, (iv) we are required by law, or a regulatory or government body to suspend your Hosting Services; or (v) there is another event for which we reasonably believe that the suspension of Services is necessary to protect the Ecommerce Shop network or our other customers. We will use commercially reasonable efforts to give you advance notice of a suspension under this paragraph of at least twelve (12) business hours unless we determine in our sole discretion that a suspension on shorter or contemporaneous notice is necessary to protect Ecommerce Shop or its other customers from imminent and significant operational, legal or security risk.
If your website is the target of a DDoS or other attack, you consent to Ecommerce Shop performing mitigation procedures with or without notice to you and without liability for any delay, disruption or interruption of service. Such procedures may include, but are not limited to, taking your website offline in order to isolate your website in a quarantine server, implementing ACL (access control lists), IP filtering, IP blocking, or any other mitigation techniques necessary to block the DDoS or other attack. Further, these techniques will remain in place until your website experiences at least 48 hours of continuous non-malicious, "normal" traffic.
If your website is moved to a quarantine Server, it will remain there for a minimum of 48 hours. After the initial 48 hour period, Ecommerce Shop will evaluate all traffic targeting your merchant website. If any traffic targeting your merchant website is deemed to be malicious, in Ecommerce Shop's sole discretion, your website will remain on said quarantine Server until it experiences 48 hours of continuous non-malicious, "normal" traffic.
Abuse, Trademark, Copyright
Whether you are the holder of a trademark, service mark, or copyright, Ecommerce Shop is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes; this policy specifically excludes domain name disputes.
Copyright and Trademark Claims
1. To notify Ecommerce Shop that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations are not considered valid for these purposes), Ecommerce Shop requests that the Complaining Party substantiate such claim by providing the following information via email to info@Ecommerce-Shop.com. The words "Trademark Claim" should appear in the subject line.
To be considered effective, a notification of a claimed trademark violation must include the following information:
· The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
· The jurisdiction or geographical area to which the mark applies.
· The name, post office address and telephone number of the owner of the mark identified above.
· The goods and/or services covered by or offered under the mark identified above.
· The date of first use of the mark identified above.
· The date of first use in interstate commerce of the mark identified above.
· A description of the manner in which the Complaining Party believes its mark is being infringed upon.
· Sufficient evidence that the owner of the website that is claimed to be infringing is aEcommerce Shop customer.
· The precise location of the infringing mark, including electronic mail address, etc.
· A good faith certification, signed under penalty of perjury, stating:
i. The content of the website [identify website] infringes the rights of another party,
ii. The name of such said party,
iii. The mark [identify mark] being infringed, and
iv. That use of the content of the website claimed to be infringing at issue is not defensible.
- Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Ecommerce Shop will initiate an investigation. While Ecommerce Shop is investigating the claim, Ecommerce Shop, at its sole discretion and without any legal obligation to do so, notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party's written notification to the posting party, and/or if it is solely stored on a Ecommerce Shop server, temporarily remove or deny access to the challenged material.
3. If Ecommerce Shop concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's Ecommerce Shop account and/or if it is solely stored on aEcommerce Shop server, deny access to the challenged material. If Ecommerce Shop concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, Ecommerce Shop will restore access to the challenged material subject to a valid court order.
4. The Complaining Party should understand that Ecommerce Shop, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Ecommerce Shop and its customers to abide by it in the context of domain name disputes.
1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Ecommerce Shop requests that the Complaining Party substantiate such claim by providing Ecommerce Shop with the following information via email to abuse@Ecommerce-Shop.com. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: 2nd Floor, Tung Kin Factory Building,196-198 TsatTszMui Road, Quarry Bay, Hong Kong.
To be considered effective, a notification of a claimed copyright infringement must be provided to Ecommerce Shop and must include the following information:
i. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ecommerce Shop to locate the material.
iv. iv. Information reasonably sufficient to permit Ecommerce Shop to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
v. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Ecommerce Shop will remove or disable access to the material that is claimed to be infringing.
3. If the Complaining Party provides Ecommerce Shop with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit Ecommerce Shop to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Ecommerce Shop will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
Counter Notification Policy
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing abuse@Ecommerce-Shop.com and including the following:
i. An electronic signature of the Infringer.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Texas, or if the Infringer's address is outside of the Hong Kong SAR, for any judicial district in which Ecommerce Shop may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.
2. Upon receipt of a Counter Notification as described in Section 1 above, Ecommerce Shop shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Ecommerce Shop will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Ecommerce Shop first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Ecommerce Shop's system or network.
It is Ecommerce Shop's policy to provide for the termination, in appropriate circumstances, of Ecommerce Shop customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
To cover the increasing cost of processing abuse claims, Ecommerce Shop reserves the right to charge Customer a processing fee for each instance of notification received from a legitimate copyright holder. Ecommerce Shop reserves the right to suspend or terminate any Services if, upon notification, Customer fails to comply with a legitimate infringement claim within the specified time.
Ecommerce Shop collects basic client information to make your support experience the very best on the Internet. We respect your privacy, and we assure you that we will maintain and use this information responsibly.
Ecommerce Shop gathers navigational information about where you go on our Web site. This information allows us to see which areas are most visited. This helps us improve the quality of visitors' online shopping experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding your use of our Web site (such as the time of your last visit to a page on our site).
Disclosure of Personal Information
Any information you provide to us at this site when you establish or update an account, purchase credits online or request information (i.e. name, address, e-mail address, telephone number and credit card information), is maintained in private files on our secure Web server and our internal systems. This information is used to enable Ecommerce Shop to deliver services to you. To ensure compliance with the law, Ecommerce Shop does not maintain information provided by children under the age of 16.
You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site, the site or the public.
Ecommerce Shop does not sell, rent or trade your e-mail address to third parties. We may, however, use third parties to help us provide services and marketing to you, such as fulfilling orders, processing payments, monitoring site activity, conducting surveys, and administering e-mails. If personally identifiable information (i.e. name, address, e-mail address, telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.
Cookies may also be used to aid in Ecommerce Shop’s marketing efforts. For example, Ecommerce Shop uses third party services such as Google Remarketing to advertise online. This allows Google to show our ads on sites across the Internet and uses first party and third party cookies together to inform, optimize and serve ads based on someone’s past visits to our website. If you wish to opt out of this type of cookie use by Google, you may do so by visiting https://tools.google.com/dlpage/gaoptout/ for the browser add-on.
Updating Personal Information
We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your personal information including billing and shipping information by logging into your account.
Use of Forums / Discussion Boards
None of the information contained on our Website is medical, legal, business, or other advice or opinion of Ecommerce Shop. Any opinion expressed via this service is that of its author. Users are reminded that postings are automatic, instantaneous, and are not pre-reviewed. Additional facts and information on legal or other developments may affect the subjects discussed. Confidential information should not be discussed. Ecommerce Shop assumes no responsibility for the content or consequences, direct or indirect, of communications by users.
For your convenience, our Web site may contain links to other sites. Ecommerce Shop is not responsible for the privacy practices or the content of such Web sites.
Questions/Changes in Policy
Acceptable Use Policy
In order to maintain our system integrity and resources we expect our customers to act responsibly. When you use any Ecommerce Shop services, in any form, you automatically agree to the following Conditions.
Ecommerce Shop maintains high standards and values, and expects the same from its customers. We reserve the right to suspend or cancel a customer's access to any or all Services provided when we decide, in our sole discretion, that the account has been inappropriately used. In short we may decline Services because of:
· Adult Material (as described below)
· Illegal content
· Use of the Services in a manner in which it was not intended
· Use of the Services in a manner which does not conform to Ecommerce Shop's values
In addition, any website using Ecommerce ShopeCommerce software must maintain a hyperlink to "http://www.Ecommerce Shop.com" at the bottom/footer of the website, which is visible throughout the majority of the website. If the hyperlink is not found, Ecommerce Shop reserves the right to place the hyperlink on your website without notice.
Adult Material Policy
Ecommerce Shop maintains a strict "No Adult Material Policy". Any presentation of material that is sexual, pornographic or obscene in nature, as determined in Ecommerce Shop's sole discretion, will not be allowed. By way of example and not limitation, "Adult Material" includes any of the following:
1. Any photos or videos showing frontal nudity on either men or women.
2. Any photos or videos showing any sexually explicit nudity.
3. Any audio clips or text containing sexually explicit material.
4. Any explicit adult toys such as vibrators, etc.
5. Any sites with direct links to other sites containing such material.
6. Any site engaged in the sale of sexually explicit items.
If your site contains material that you are unsure about, please let us know before placing the order.
Ecommerce Shop will only provide access to an account to the designated Owner or Point of Contact of that account regardless of whether someone else maintains, pays for or otherwise administers the account. The "Owner" of the account is the person or entity whose name was used to set up the account. Only the Owner will be authorized to transfer the ownership of the Ecommerce Shop store or other Services. Ecommerce Shop is not a court of law and will not arbitrate or adjudicate disputes between potential Owners. If there is a dispute of the named Owner's right to the store or Services, Ecommerce Shop will comply with any court order or settlement agreement.