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Watersweb Shops Terms of Service

Access to and use of the Shop Kit and Shop Kit Plus (hereinafter referred to collectively as Shop Kit) packages constitutes acceptance of the following terms and conditions. Watersweb Solutions, LLC may update or change these terms at any time. It is the responsibility of the user to revisit the terms periodically, as the user is bound by the terms listed on this page. No venture or partnership between the user and Watersweb Solutions is formed by this agreement, the use of the waterswebshops.com. waterswebhosting.com or watersweb.net or pixelemporium.com web sites, or the use of the Shop Kit packages.

Warranties: All materials provided in the Shop Kits are presented with the belief that they are in good working order, and that the structure is valid. However, Watersweb Solutions, LLC will not guarantee the completeness or functionality of any page or structure in the files or installation. The Shop Kit package is provided by Watersweb Solutions, LLC "as is" and "with all faults". No warranties or guarantees are provided for the Shop Kit.

Liability: The user agrees to indemnify and hold Watersweb Solutions, LLC harmless without exception or limitation from all liability, expenses, claims, action, fees, losses or damages caused by the direct or indirect use of the Shop Kit at any time and by any party. In no way will Watersweb Solutions, LLC be held liable for any use of the catalog by the user or by third parties.

Requirements: Users of Shop Kit must host their sites with Watersweb Shops. Users who move their site to another host must destroy all copies of the Shop Kit in their possession. Use of the Shop Kit license key will be discontinued within 24 hours after cancellation of hosting services with Watersweb. In addition, web users must have a Mals-E account for the use of this catalog, as no stand alone cart system is provided with Shop Kit. The inventory control system of Shop Kit requires the Mals-E Remote Call feature. Therefore, inventory control and sales storage through Shop Kit will not be automated on any web site that uses third party payment systems that do not utilize this feature, which include but are not limited to LinkPoint, Mirapay, Netbanx, Nochex, PayByCheck and PSIGate. A list of these systems can be found at http://www.mals-e.com/services/compare.htm. If PayPal is used as a non-secure payment type at Mals, it can be used with the Shop Kit inventory system; otherwise, Shop Kit cannot automate inventory control through that payment system. It is the user's responsibility to ensure that all of these requirements are met before purchasing the Shop Kit.

Additional Requirements: All site templates must include the %COPYRIGHT% code, preferably in the footer, in order to display the current "powered by..." message. Alteration of the copyright-related files, or obscuring the text via HTML or CSS or other manipulation, is a violation of this requirement.

Templates: Watersweb Solutions, LLC will utilize an existing HTML template for the catalog page design if the customization service is purchased. However, if that template contains frames, SSI, CGI, FrontPage components, Javascript, CSS or any other programming or scripting other than HTML, Watersweb Solutions, LLC is not required to integrate the user's design into the catalog system. Templates must have placeholders where the different elements will go, as described in the help files sent upon purchase. If any HTML design work or fixes are required for the design to be implemented with the catalog system, the user will be responsible for performing these fixes. There is no guarantee that any template can be used with Shop Kit without modifications, other than the free templates provided with the installation.

Billing: Watersweb Solutions LLC Billing Department will send you an invoice on the first day of each month that you owe a payment for services or products. Invoiced payments are due regardless of whether or not you are currently using the site. Watersweb will send a first overdue notice on the 2nd day of the month, a second notice on the 4th and a third/final notice on the 5th. Your account will be suspended at that time. We are not responsible for whether or not you read or receive the aforementioned notices. Regardless of whether or not you receive the notices, you are responsible for paying for the services your receive in a timely manner. Please contact the Watersweb Helpdesk to make payment arrangments for your account. If I have not heard from you within 60 days of your account suspension, I will delete your account from my server and records. Watersweb is not responsible for invoices or overdue notices that are not read/recieved by the customer.

Cancellation: If you wish to cancel your services, you must inform Watersweb in writing via the Watersweb Helpdesk.

License Subscription: Cancellation of the subscription or default on subscription payments at any time after the first 30 days and without prior payment arrangements being made will result in immediate suspension of your site until payment arrangements are made. Failure to pay remaining balances in full will result in termination of the account. Watersweb is not responsible for any lost data, sales, customers, etc. resulting from account suspension or termination.

Responsibilities: The user accepts all responsibilities for the use of the Shop Kit. Watersweb Solutions, LLC will not be held responsible for any inappropriate use of a web site, shopping cart or company policies from a company or individual using the Shop Kit. Watersweb Solutions, LLC cannot be held responsible for any use of the catalog on a server, even if the catalog is set up on a server that uses the latest versions of PHP and mySQL.

Installation: Watersweb Solutions, LLC will install the Shop Kit once payment has been made for the package, within 24 to 48 hours.

Costs: There is a one-time charge for the license and installation of the Shop Kit package. Additional costs may apply if a user requests additional customization. Any changes the user makes to the system that requires repair by Watersweb Solutions, LLC, will be charged at the current hourly rate. Watersweb Solutions, LLC reserves the right to change prices at any time.

Refunds: Refunds for the cost of the license will only be given within the first 30 days after license purchase. For a refund to be given, users must also agree to destroy all existing copies of the catalog files in their possession. Refunds apply only to the catalog license and to the costs of customization services which have not yet been provided. Refunds will not be given for any services which have already been rendered. Refunds will only be given within 30 days of the date on which the catalog was ordered.

Customization: Shop Kit is installed as-is and does not include any customization to the product or category layout, nor does it include additions or modifications of fields. The user may freely customize any of the Shop Kit files as desired, provided each catalog is used for a single site only. The user will not hold the Watersweb Solutions, LLC responsible for any damages caused by the user's customization of the catalog, nor will they expect the Watersweb Solutions, LLC to fix problems that arise from any customization or incorrect installation. Watersweb Shops may offer customization services for an additional cost, which will be published on the Watersweb Shops site or quoted directly to the client.

Support: Watersweb Solutions provides online support for all Shop Kit users who have purchased packages, and will address individual use questions as needed, via the Watersweb Helpdesk or Watersweb Support Forums. Email, phone or IM support can be purchased at our hourly rate. All users may freely use the online help files provided at waterswebshops.com and waterswebhelpdesk.com if they wish, at no additional charge.

Discontinuation: Watersweb Solutions, LLC reserves the right to discontinue distributing the Shop Kit catalog system, and may refuse or revoke the use of the system to any party for any reason at any time. Watersweb Solutions, LLC is not responsible for contacting users of the system for this discontinuation. The system will not be provided to companies known to be selling illegal items or services, nor will it be provided to individuals known to be under 18 years of age. The catalog will also be revoked from any company using inappropriate methods of promotion, such as spamming email addresses. Clients may discontinue use of the Shop Kit software and hosting at anytime, and must destroy all copies of the Shop Kit software at the time of discontinuation.

Data Backup: The user agrees to back up all pages and information added into the Shop Kit system. In no way will Watersweb Solutions, LLC be responsible for the loss or destruction of any parts of the catalog or information entered using the catalog. If a web server loses a catalog, or if a user moves their site content to a new web host and ecommerce system, and data or files are lost as a result, there will be a charge to reinstall the catalog on our server, and no guarantee can be made that any of the previous files or database information can be recovered.

Security: No guarantees of security can be made regarding the administration area of the Shop Kit system. All administration areas must be uploaded to a secure server for complete security. The password protection system included with the catalog is no guarantee of security. No private information should be added to an unsecure server that holds the Shop Kit system. Watersweb Solutions provides a shared SSl certificate that can be used to access the administration area. We also sell individual SSL certificates. Please contact us for more information.

Privacy Policy: Watersweb Solutions, LLC never rents, sells or trades any information obtained through the registration of the Shop Kit packages, and will use the email information only for communications regarding catalog updates.

Domain Registration and Transfers: If you wish to transfer your domain name, it must be more than 60 days old at the time you initiate the transfer. Otherwise, we recommend that you choose the 3rd option (update nameservers) at this time.

If you are transfering a domain name that is currently registered privately (your registration information does not appear in the WHOIS listing), you must cancel the privatization in order to transfer the domain. Otherwise, just change your nameservers.

Whether you are registering or transfering, you MUST click the approval link in the email you receive from Watersweb. Check your spam and bulk email folders for this email. If you don't receive this email and/or do not click the link, your transfer will be canceled. Please contact us if you do not receive the email within two days or if your transfer has been canceled.

Watersweb Solutions Shop Kit Plus Site Customization Agreement

Watersweb Solutions, LLC Custom Design Terms and Conditions Watersweb custom design terms and conditions will be spelled out in a contract between Watersweb Solutions LLC, hereinafter referred to as "Watersweb," and each client. Terms in the contract will supersede the terms stated below. However, where the contract does not state specific terms, or where a contract does not exist, the terms below will apply. Unless otherwise specifically stated, Watersweb retains ownership of all graphics and designs created by its designers.

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