9.1 |
Public Nature of Internet.
Please understand that all information submitted on the ShopKart Server shall
be considered publicly accessible. Important and private information should
be protected by you. For example, we are not liable for protection or privacy
of electronic mail or other information transferred through the Internet or
any other network provider that you may use. |
|
9.2 |
Unsolicited Electronic Mail.
You are expressly prohibited from sending unsolicited bulk mail messages
("junk mail" or "spam"). This includes, but is not
limited to, bulk-mailing of commercial advertising, information
announcements, and political tracts. Such material may only be sent to those
who have specifically requested it via opting into e-mail lists. Opting
into lists at third party e-mail providers does not constitute opting in to
receive e-mails from your company. Malicious or threatening emails are also
prohibited. Although we will make reasonable efforts to alert you to such
activities and allow you an opportunity to cure them within a 12-hour period
after discovery, we reserve the right to immediately deactivate your use of
our service if we discover such activity. Further, you agree to
indemnify and hold us harmless from any claim resulting from your use or
distribution of electronic mail services through the service provided through
this agreement. |
|
9.3 |
Governing Law and Attorneys' Fees.
This agreement will be interpreted and applied in accordance with the laws of
the state of Nevada and shall be heard in a court of competent jurisdiction
in Washoe County, Nevada, without regard to the conflicts of law provisions.
In any action or proceeding to enforce rights under this agreement, the
prevailing party will be entitled to recover costs and attorneys' fees,
whether or not a suit is actually filed. |
|
9.4 |
Control and Ownership of IP.
We maintain and control ownership of all IP numbers and addresses that may be
assigned to you, and we reserve, in our sole discretion, the right to change
or remove any and all IP numbers and addresses. |
|
9.5 |
Excessive CPU Usage.
ShopKart Servers which use, in our discretion, CPU processing capacity
on the Physical Server in excess of the designed processing capacity will be
subject to immediate deactivation. Upgrades to the processing capacity are
available. |
|
9.6 |
Resale of Services and Flow-down of Obligations.
You may not resell space on your own ShopKart Servers under any
circumstances; however you may resale ShopKart Software solutions,
provided you ensure your clients also agree to these terms and conditions.
All web stores must be for the benefit of the company named in this agreement
and is further clarified as for the benefit of NetSoft |
|
9.7 |
Age. You certify that you are at least
18 years of age. |
|
9.8 |
Transfer. You may not
transfer or assign this agreement without the written consent of NetSoft
Studio. |
|
9.9 |
NetSoft Studio, its parent companies or associate
companies reserves the right to refuse service at our discretion without
notice and/or with or without cause with exception of race, nationality,
creed, sexual orientation, religion or gender. |
Related Topics
Appendix G— ShopKart End User License Agreement (EULA)
1.0—Definitions:
2.0—Scope of Services: We will provide you with the following specific services.
3.0— Payment Terms: You agree to the following payment terms in consideration for the services provided.
4.0— Representations and Warranties: Our obligations under this Agreement are conditioned upon the following representations and warranties.
5.0— Indemnification:
6.0— Term and Termination: The following describes the effective date, duration and methods of termination.
7.0— Ownership Rights:
8.0— Activities Subject to Immediate Deactivation: