Definitions and Acknowledgements
"Store Software" is a software package comprised of a primary program (i.e, "gateway.cgi") and its attendant configuration / template files. Store Software has certain features and functionality designed to enable the Store Owner to promote and facilitate the selling of products over the Internet. While Store Software possesses broad characteristics and functionality, it can be customized at Client's written (email) request with additional necessary or desireable functionality to assist Store Owner in running a profitable online store.
DropshipWebsites.com is an application service provider that sells web hosting and software usage licenses for proprietary web store software ("Store Software").
"The Store" reflects an opportunity seized upon by Client to use Store Software to sell products over the Internet. The store contains Client's original wording, statements and policies. It also comprises the domain Customer chose to use for Store Software. While The Store is not physical property and Client is not required to carry inventory, Client acknowledges that He / She is purchasing is a bonifide business opportunity and that Client is responsible for the collecting and reporting of all applicable taxes. Client is solely responsible for choice of products made available for sale by Store Software and the respective wording and pricing. A profitable store is the culmination of many factors. For example, how well the Store Owner understands the target audience; how well the Store Owner markets to said audience; how motivated Client is to reach said audience; and how well the Store Owner leverages the functionality afforded by Store Software.
Hosting
You are required to host the domain intended for use with Store Software with DropshipWebsites.com. Client agrees to host its world wide web domain for Store Software with DropshipWebsites.com.
Client understands that a reasonable hosting and maintenance fee shall be assessed by DropshipWebsites.com, which can be paid either monthly, quarterly or annually. Said hosting and maintenance fee goes to ensure The Store's presence on the web by and through the following services: server maintenance and Store Software maintenance.
Client understands that the hosting and maintenance fee covers helpdesk support and software maintenance (eg, fixes) as needed. The hosting fee does not include or entitle Client to any user-requested programming, modification of Store Software, or cosmetic updates or enhancements or content updates or enhancements. From time to time, fixes to store software will be identified and may be applied to Store Software with or without Client's knowledge.
Client understands that content changes or updates may be subject to an hourly or per-item billing rate.
DropshipWebsites.com reserves the right to suspend or terminate Client's web hosting account for non-payment of web hosting fees, or when The Store's hosting subscription is cancelled and not renewed.
You must have an active hosting subscription at all times for each Store you operate. Websites without active hosting subscriptions are subject to deletion.
If you cancel a hosting subscription but do not sign up for another, your website may be deleted without notice.
Offline subscription payments (including but not limited to checks and money orders) will not be accepted.
Once the Store Software is no longer being used by Client for any reason, Client may continue to host its domain with DropshipWebsites.com or transfer the domain to another hosting provider.
Store Software cannot reside on unauthorized hosting providers's servers.
Non-Renewal. Either Client or DropshipWebsites.com, at their independent and absolute discretion, may give "Notice of non-Renewable" to the other party for any reason, with or without cause and without stating justification, and shall do so at least 21 days prior to the end of the then-current hosting period via email. Such email sent to Client shall be sent to to both sales and info @ customers-domain-for-store-software. Email sent to DropshipWebsites.com shall be sent to sales@dropshipwebsites.com. Client's act of unsubscribing from a hosting plan constitues a "Notice of non-Renewal".
Subsequent attempts to email Client shall not alter the fact that notice was first attempted at least 21 days prior to the end of the relevent hosting period.
Programming
Store Software can be modified to suit Client's needs or interests. All modifications and new source code are subject to additional terms. Programming fees and additional terms may apply.
Custom programming requests will be handled on a first-come-first-serve basis, and will be subject to authorized programmer availability and programmer's work load.
Programming requests to modify Store Software must be submitted in written (email) form.
Non-Renewal. In the event of a non-renewal notification, any programming fees paid will not be refunded.
Termination. In the event of an "Intent to Terminate" notification, any programming fees paid will not be refunded.
Limitations
Client understands that like any business, the success of The Store will be based on how well the Store Owner markets it and leverages its functionality. Neither DropshipWebsites.com nor its agents cannot guarantee the amount of revenue The Store will generate.
DropshipWebsites.com agrees to submit The Store to dozens of search engines once The Store is fully configured and functional. DropshipWebsites.com does not guarantee search engine ranking, position, or timeframe for any search engine to index The Store.
DropshipWebsites.com has no authority, control or influence over any supplier, including but not limited to a supplier's actions, web content, prices, fees, policies, order fulfillment timeframe, or work schedule. DropshipWebsites.com makes no guarantee that Client will be accepted into any supplier's program, regardless of written or verbal communications.
In the event that a supplier goes out of business, refuses to do business with Client or DropshipWebsites.com, or discontinues products, DropshipWebsites.com will make reasonable efforts to assist Client in finding an alternate supplier.
Client's Responsibilities and Obligations
Spam. Spaming will not be tolerated. First offenses and even simple allegations may result in Client's hosting account being suspended or even terminated. DropshipWebsites.com reserves the right to define "spam" at any time and reserves the right to do so outside this Agreement. A small administrative fee may be assessed to Client to unsuspend a suspended account.
Plagerism. Client agrees to respect the intellectual property rights and copyrights of others while operating or promoting The Store or so long as Client has an active hosting account. Plagerism will not be tolerated. Allegations of plagerism will result in suspension of Client's hosting account, and may even result in termination of the same account. A small administrative fee may be assessed to Client to unsuspend a suspended account.
Client assumes all responsibility for the accuracy and spelling of all wording, policies, statements, descriptions and prices within The Store.
Client agrees to submit all Store Software page text in a copy and paste format. If DropshipWebsites.com cannot copy and paste directly from Client's email, DropshipWebsites.com will ask Client to resubmit that request. All data submitted by Client for inclusion in The Store must be proper case and spell-checked prior to submission.
Client will not sell, cause or permit to be sold the dropship supplier list Client receives with his or her purchase of The Store or Store Software.
Client will not use or permit The Store to sell or display products that are obscene, vulgar or otherwise illegal.
Payment, Fees and Refunds
Client agrees to make payment for all services rendered by and through DropshipWebsites.com in U.S. dollars and acknowledges that all payments are time sensitive.
Payment for user-requested programming is non-refundable unless DropshipWebsites.com has not made true and reasonable efforts to deliver said programming in the time frame quoted to Client.
Payment for the Store Software license is non-refundable after 3 (three) calendar days from the date this Agreement is signed.
Additional fees not mentioned in this Agreement may apply. DropshipWebsites.com may alter its fees at any time with, or without notice to Client.
All amounts due and unpaid for more than 10 calendar days from the due date specified by the invoice or payment plan shall be considered delinquent and may result in The Store being disabled, hosting account suspension, or both. A reactivation fee may then apply. Client is responsible for and obligated to pay in full all incurred reactivation fees associated with Client's hosting account. Failure to pay reactivation fees may result in additional account suspension and collection measures such as account termination or license revocation or referral to a collection agency.
Non-renewal. Upon receipt of a non-renewal notice, any outstanding balance or unpaid fees become immediately due. Additionally, hosting will continue to the end of the subscription period, but database, product and site maintenance performed by DropshipWebsites.com will cease immediately.
Termination. Any outstanding balance or unpaid fees become immediately due upon delivery of an "Intent to Terminate" notice. Additionally, hosting will continue to the end of the subscription period, but database, product and site maintenance will cease immediately upon receipt of "Intent to Terminate" notice by DropshipWebsites.com.
Indemnification and Limitation of Liability
Client understands that acceptance of these terms and conditions does not constitute a joint-venture or partnership of any kind between Client and DropshipWebsites.com, or any of their employees, agents or successors.
With the exception of gross negligence, willful misconduct or intentional misrepresentation on behalf of DropshipWebsites.com, Client shall indemnify and hold harmless DropshipWebsites.com and their officers, agents and employees absolutely and forever, from and against any and all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including reasonable attorneys' fees and costs, that may be asserted against any DropshipWebsites.com indemnitee in connection with this agreement or the performance of DropshipWebsites.com.
Under no circumstance shall DropshipWebsites.com be liable for any special, incidental, or consequential damages (including lost profits) arising out of this Agreement even if DropshipWebsites.com has been apprised of the possibility of such damages. In performing any of its duties hereunder, DropshipWebsites.com shall not incur any liability to any party for any damages, losses, or expenses, except for willful misconduct or gross negligence on the part of DropshipWebsites.com , and they shall not incur any liability with respect to any action taken or omitted in reliance upon any written notice, request, waiver, consent, receipt or other document which DropshipWebsites.com in reasonably good faith believes to be genuine.
Warranty
DropshipWebsites.com does not warrant Store Software to be completely free of defects. Upon written (email) notification, DropshipWebsites.com or its agents will endeavor to fix such defects.
DropshipWebsites.com does not warrant that Store Software will look the same on all browsers and on all operating system platforms. What is seen on one customer's browser and platform (Internet Explorer 4.0, Windows 98) may be slightly different from what another customer (Netscape, Linux) sees in terms of layout and functionality.
Privacy
DropshipWebsites.com does not and will not collect or harvest credit card information from Client's customers. All credit card transactions take place on a secure HTTPS connection and no record of the credit card or its holder is recorded by Store Software.
DropshipWebsites.com does not sell its Client list.
From time to time, DropshipWebsites.com may include The Store in part of a software performance review procedure designed to alert DropshipWebsites.com of problems or deficiencies with Store Software. All results from any performance review procedures remain with DropshipWebsites.com are used strictly to improve existing and future versions of Store Software.
Support and Services Rendered
DropshipWebsites.com's standard hours of operation are 9-5, Pacific Time Zone, Monday through Friday. If, for any reason, Client explicitly requests that work be performed on The Store outside the standard hours of operation, DropshipWebsites.com reserves the right to impose a reasonable Extended Hours Priority Support fee on a per request basis.
DropshipWebsites.com provides direct, first hand support for Store Software and is the liason for all server and network infrastructure queries, problems or announcements.
DropshipWebsites.com will commence investigation of functional problems with Store Software immediately upon receipt of such a report.
The Store Software is licensed, not sold. Subject to terms of this EULA, DropshipWebsites.com hereby grants Client a non-exclusive, non-transferrable license to use Store Software, without rights to sublicense. DropshipWebsites.com does not issue serial numbers, product keys, activation codes or other tokens or certificates commonly interpreted to indicate the presence of a license. The license shall simply be DropshipWebsites.com's permission to Client to use Store Software, so long as Client adheres to this Agreement.
No copyrights, resell rights or intellectual property rights are granted to Client. All such rights remain with the actual owner of the proprietary software, including customizations made to the software at the request of the Client.
Client is not authorized to download Store Software. Client is not authorized to directly or indirectly access the source code comprising Store Software. Client will not permit, condone or tolerate any attempted access to Store Software source code by Client or Client's employees.
Client will not permit, condone or tolerate any reverse engineering of The Store.
Client is not authorized to resell, repackage, rebrand, copy or in any way distribute Store Software, in electronic or printed format. Only authorized Store Software resellers can sell, host, install, and maintain Store Software. Client will not permit, condone, tolerate or enagage in any activity that portrays Client to be an agent of DropshipWebsites.com or a sales agent of the Store Software.
Client is not authorized to sell or transfer Client's license for Store Software without explicit, written authorization from DropshipWebsites.com. If Client wishes to sell or transfer The Store to a new owner, Client must first submit such a request by email to sales@dropshipwebsites.com. An agent of DropshipWebsites.com will then work with the Client of Record for The Store to determine the terms, details and fees associated with the transfer or sale. Client agrees to abstain from any effort to sell The Store until such written instructions are provided by DropshipWebsites.com.
In the context of this Agreement, any transfer or sale of "The Store" means that Client is selling or transferring its license to use Store Software; nothing more.
DropshipWebsites.com may revoke Client's Store Software license if Client does not honor DropshipWebsites.com's Terms. Should such a revocation occur, Store Software will be removed from Client's hosting account at DropshipWebsites.com. A reasonable administrative fee may apply to restore Store Software.
Terms
Term. The term of this agreement shall be for the duration that Client uses Store Software, web hosting or both.
DropshipWebsites.com may append or change this Agreement, in whole or in part, with or without Client's knowledge.
Termination
Upon executing a termination, DropshipWebsites.com reserves the right to delete any and all files contained in Client's hosting account.
