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The Design Shoppe
Terms of Use / Service Agreement This agreement
represents the complete agreement and understanding between
TheDesignShoppe.com & RNRWebHost.com & TheHostShoppe.com &
DIYshoppes.com. (hereinafter called THE
DESIGN SHOPPE/RNRWEBHOST) and the customer (hereinafter called
Account Holder) and supercedes any other written or oral agreement.
THE DESIGN SHOPPE/RNRWEBHOST reserves the right, in its sole
discretion, with or without notice, may modify, these terms and
conditions, amplify them, and/or modify the prices, as well as
discontinue or change the services offered. Account Holder must
comply with THE DESIGN SHOPPE/RNRWEBHOST's current "Terms and
Conditions," as updated from time to time by THE DESIGN SHOPPE/RNRWEBHOST,
which can be viewed at THE DESIGN SHOPPE/RNRWEBHOST web site.
Submission of
your account order shall constitute your acceptance of these
Terms and Conditions.
1.
Provision of services
a. Service
means - Any act of serving the ACCOUNT HOLDER, being
provided by THE DESIGN SHOPPE/RNRWEBHOST, regardless of its
duration and whether it's a paid service or a free service.
b. Without
limiting the scope of item 1.a. above, THE DESIGN SHOPPE/RNRWEBHOST
will provide services on its host computing systems, shared
server to individual ACCOUNT HOLDERS in exchange for payment
of fees and compliance with the terms and conditions of this
document.
c. THE DESIGN
SHOPPE/RNRWEBHOST's fee does not include the initial domain
registration fee and renewal fee thereafter, or any other
regional registrar domain registration fees.
e. Be advised
that upon registering a domain name, you will be subject to
the Terms and Conditions of InterNIC or other registries as
applicable.
2. Use of
Services
a. The
ACCOUNT HOLDER agrees to use the services provided by THE
DESIGN SHOPPE/RNRWEBHOST as permitted by applicable local,
provincial, state, and federal laws. The ACCOUNT HOLDER
agrees, therefore, not to use these services to conduct any
business or activity or solicit the performance of any
activity that is prohibited by law, libelous, or against any
THE DESIGN SHOPPE/RNRWEBHOST policy.
b. THE DESIGN
SHOPPE/RNRWEBHOST reserves the right to refuse service
to any new or existing customers.
c. The
ACCOUNT HOLDER is solely responsible for any legal liability
arising out of, or relating to, his/her web site at THE
DESIGN SHOPPE/RNRWEBHOST. The ACCOUNT HOLDER represents and
warrants to THE DESIGN SHOPPE/RNRWEBHOST that it holds the
necessary rights to permit the use of any of the items on
his/her web site, and, that the use, reproduction,
distribution, transmission or display of any data to the
public, and any material to which the public can link
through, or any products of services made available to the
public through his/her web site, will not -
1. violate or
potentially violate any criminal laws or any rights of any
third parties, including, but not limited to, such
violations as infringement or misappropriation of any
copyright, patent, trademark, trade secret, music, image, or
other proprietary or property right, false advertising,
unfair competition, defamation, business or personal dispute
or argument, invasion of privacy or rights of celebrity,
violation of any anti discrimination law or regulation, or
any other right of any person or entity, or any personal or
business argument or dispute; or
2. contain
any material that is: unlawful, harmful, fraudulent,
libelous, slanderous, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially,
ethnically, disputatiously, argumentatively or otherwise
objectionable, including, without limitation, any material
that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate
any applicable local, provincial, state, national or
international law. ACCOUNT HOLDER agrees to indemnify and to
hold THE DESIGN SHOPPE/RNRWEBHOST, and any third party
entities related to THE DESIGN SHOPPE/RNRWEBHOST, harmless
from and against any and all liability, loss, damages,
claims, or causes of action, including reasonable legal fees
and expenses arising out of or related to:
- The
ACCOUNT HOLDER's breach of any of the forgoing
representations and warranties, or
- any other
third party claim with respect thereto.
d. The
ACCOUNT HOLDER understands and agrees that hosting of the
ACCOUNT HOLDER's web site is at the sole discretion of THE
DESIGN SHOPPE/RNRWEBHOST. THE DESIGN SHOPPE/RNRWEBHOST may
at its sole discretion discontinue web site hosting service
to any ACCOUNT HOLDER operating a web site that THE DESIGN
SHOPPE/RNRWEBHOST deems to be in violation of Section (3c.)
of these Terms and Conditions.
e. THE DESIGN
SHOPPE/RNRWEBHOST accounts cannot be transferred or used by
anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not
sell, lease, rent or assign the connection or parts of the
connection to any party not named in this agreement.
f. Use of
other organizations networks or computing resources is
subject to their respective permission and usage policy.
3. Use of
Material
a. Public
Domain materials (e.g., images, text, and programs) may be
downloaded or uploaded using THE DESIGN SHOPPE/RNRWEBHOST
services. ACCOUNT HOLDERS may also re-distribute materials
in the public domain. The ACCOUNT HOLDER assumes all risks
regarding the determination of whether the material is in
the public domain.
b. As
provided by United States federal law, Canada federal law
and by International law, copyrighted materials (e.g.,
images, text, and programs) may not be uploaded using THE
DESIGN SHOPPE/RNRWEBHOST services without the permission of
the copyright holder. Copyrighted materials may be
downloaded for personal use. Except as expressly permitted,
materials under copyright may not be distributed to others.
Copyrighted material may not be changed nor can the author
attribution notices nor the copyright notices be modified.
4.
Password Security
The ACCOUNT HOLDER agrees to maintain a secure password to
the account. Secure passwords are those that are between 6
and 12 characters long, contain upper and lowercase letters,
numbers or other characters. The ACCOUNT HOLDER is solely
responsible for changing its password as required to assure
secure access to its account.
5.
Indemnification
The ACCOUNT HOLDER agrees to protect, defend, hold harmless
and to indemnify THE DESIGN SHOPPE/RNRWEBHOST, its Parents,
Subsidiaries, Affiliates, Executives, Directors, Officers,
Managers, Employees, Successors, Assigns, Consultants and
Agents, from any claims, including attorney's fees,
resulting from the ACCOUNT HOLDER's use of THE DESIGN
SHOPPE/RNRWEBHOST's services. Once the ACCOUNT HOLDER gives
final approval to launch the site, the ACCOUNT HOLDER is
fully responsible for all content on the site. If the
ACCOUNT HOLDER approves an image, the ACCOUNT HOLDER takes
responsibility, whether the ACCOUNTHOLDER provided it or
not. Don't assume THE DESIGN SHOPPE/RNRWEBHOST should take
responsibility.
6.
LIMITED LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT AND UNDER NO LEGAL THEORY SHALL THE DESIGN SHOPPE/RNRWEBHOST
BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS,
REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE
PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING
OUT OF THE USE OF, OR INABILITY TO USE, ANY OF THE DESIGN
SHOPPE/RNRWEBHOST'S SERVICES, EVEN IF THE DESIGN SHOPPE/RNRWEBHOST
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE DESIGN SHOPPE'S LIABILITY EXCEED THE MONTHLY
FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY
AND RISKS IS REFLECTED IN THE PRICE OF THE DESIGN SHOPPE/RNRWEBHOST'S
SERVICES.
b. The
ACCOUNT HOLDER acknowledges that THE DESIGN SHOPPE/RNRWEBHOST
makes an honest effort to keep the information available on
THE DESIGN SHOPPE/RNRWEBHOST's systems accurate. However,
THE DESIGN SHOPPE/RNRWEBHOST can make no warranty of any
kind, either expressed or implied, regarding the quality,
accuracy, or validity for the data and/or information
available. Use of information obtained from or through THE
DESIGN SHOPPE/RNRWEBHOST is at the risk of the ACCOUNT
HOLDER.
c. The
ACCOUNT HOLDER acknowledges that the information available
through the interconnecting networks may not be accurate.
THE DESIGN SHOPPE/RNRWEBHOST has no ability or authority
over the material. THE DESIGN SHOPPE/RNRWEBHOST can make no
warranty of any kind, either expressed or implied, regarding
the quality, accuracy, or validity of the data and/or
information residing on or passing through these networks.
Use of information obtained from or through THE DESIGN
SHOPPE/RNRWEBHOST services is at the risk of the ACCOUNT
HOLDER.
d. The
ACCOUNT HOLDER understands, agrees and acknowledges that THE
DESIGN SHOPPE/RNRWEBHOST makes an honest effort to provide
the ACCOUNT HOLDER with Technologies, Developments and
Innovations that part of them are being licensed, or
co-branded, from or by, third-party entities. However, THE
DESIGN SHOPPE/RNRWEBHOST can make no warranty of any kind,
either expressed or implied, regarding the quality,
accuracy, reliability or validity for the application(s),
data and/or information involved in such items. THE DESIGN
SHOPPE/RNRWEBHOST specifically disclaims all warranties of
merchantability and and fitness for a particular purpose.
The use of these application(s), data and/or information
obtained from or through THE DESIGN SHOPPE/RNRWEBHOST, or
any other referred third-party, directly or indirectly, is
at the risk of the ACCOUNT HOLDER.
e. The
ACCOUNT HOLDER understands, agrees and acknowledges that THE
DESIGN SHOPPE/RNRWEBHOST will use its best efforts to
maintain a full time Internet presence for ACCOUNT HOLDER.
The network may be down due, but not limited to, utility
interruption, equipment failure, natural disaster, acts of
God, or human error. ACCOUNT HOLDER agrees that these events
may or may not occur and ACCOUNT HOLDER will hold THE DESIGN
SHOPPE/RNRWEBHOST, its Parents, Subsidiaries, Affiliates,
Executives, Directors, Officers, Managers, Employees,
Successors, Assigns, Consultants and Agents, free and
harmless from any damages incurred in any event of any type
of loss resulting from any reason whatsoever. Uses of THE
DESIGN SHOPPE/RNRWEBHOST service is at the risk of the
ACCOUNT HOLDER.
f. The ACCOUNT HOLDER understands, agrees and
acknowledges that THE DESIGN SHOPPE/RNRWEBHOST cannot be
held liable for design work completed by any designer or
programmer other than THE DESIGN SHOPPE/RNRWEBHOST owners.
THE DESIGN SHOPPE/RNRWEBHOST refers design work to freelance
designers in many instances and any design work completed by
them may have it's own terms separate from THE DESIGN
SHOPPE/RNRWEBHOST's terms. If at anytime you do not
want to work with a referred freelance designer, THE DESIGN
SHOPPE/RNRWEBHOST must receive a notice from you in writing
by filling out a support ticket through our system for
time-stamp and date recording.
7.
Payment of fees and penalties
a. THE DESIGN SHOPPE/RNRWEBHOST billing cycle renews each
month on the accounts anniversary.
b. Service
payments will be charged in advance of receiving services.
c. The
service contract will be automatically renewed at the end of
its term and the service payment for the renewal term will
be charged automatically to ACCOUNT HOLDER's credit card
without "THE DESIGN SHOPPE/RNRWEBHOST"
obtaining ACCOUNT HOLDER's permission after the initial
charge. ACCOUNT HOLDER shall notify THE DESIGN SHOPPE/RNRWEBHOST
of any changes in credit card number or expiration date. If
the card is not honored for any reason, THE DESIGN SHOPPE/RNRWEBHOST
will attempt to notify the ACCOUNT HOLDER by using the
e-mail address on file. It is the ACCOUNT HOLDER'S
responsibility to keep a valid e-mail address on file with
THE DESIGN SHOPPE/RNRWEBHOST. If alternative payment
arrangement has not been made within 7 days, the account
will be terminated after 15 days late. ACCOUNT HOLDER'S credit card information
will be kept on file throughout the length of the account's
billing cycle or until ACCOUNT HOLDER cancels account. Upon
account cancellation, ACCOUNT HOLDER's credit card
information will be destroyed. Note:TheDesignShoppe/RNRWebHost's
authorized billing name of "@thedesignshoppe.com" will
show on your credit card statement along with our telephone
number.
d. Payment is
due at beginning of each accounting cycle.
e. Overdue
accounts are those that remain unpaid 7 days after beginning
of accounting cycle.
f. Accounts
that are overdue are put on "accounting hold" and
may not be used. Accounts that are unpaid for 15 days will
be suspended immediately with or without notice.
g. There is a
service reconnection charge equal to the currently charged
setup fee to reactivate accounts from suspended status.
h. The
ACCOUNT HOLDER acknowledges responsibility for the account
until payment in full is made.
i. There is a
$25.00 service charge for each check that is not honored and
a $50.00 service charge for any disputed credit card charge
not authorized by you following the guidelines quoted in 7c.
j. The
ACCOUNT HOLDER will be charged for excessive bandwidth
usage (above the relevant allowance of the chosen service
package). It is the ACCOUNT HOLDER responsibility to monitor
the amount of bandwidth of his/her account, on a daily
basis. THE DESIGN SHOPPE/RNRWEBHOST has no obligation to
warn the ACCOUNT HOLDER regarding the excessive bandwidth
usage.
k. No refund
on all paid and pre-paid services once the Welcome
Letter/Setup has been sent/initiated for hosting services.
Domain name registrations are non-refundable at all times.
Once a domain is registered, the time lasts for 1 full year
and cannot be cancelled. No refund on all shoppe
program license. Once shoppe installation is complete
and welcome letter is sent, there will be no refunds issued
for any shoppe license and monthly payments are due each
month until the shoppe program license is paid in full.
l. We also offer the option of paypal
subscription setup on all hosting accounts. If cancellation occurs, it is
the client's responsibility to also cancel their own paypal subscription.
Cancellation must be in writing 30 days prior to renewal of the following month.
We are not responsible for subscription cancellations that are not completed
within the time stated above and therefore no refunds will be made.
8.
"CANCELLATION" Requests
This agreement will commence upon the ACCOUNT HOLDER's
acceptance of it and continue on a month-to-month basis.
a. For
ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY -
"CANCELLATION" requests for THE DESIGN SHOPPE/RNRWEBHOST
accounts must be sent through our Support Desk so that a
ticket is time stamped and dated. This must be
received by THE DESIGN SHOPPE/RNRWEBHOST, 30 full days prior
to billing renewal or a new month will be charged.
b. For
ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3 and 12
months) - "CANCELLATION" requests for THE DESIGN
SHOPPE/RNRWEBHOST accounts must be sent through our Support
Desk so that a ticket is time stamped and dated and received by THE DESIGN SHOPPE/RNRWEBHOST, 30 days before
the account's anniversary date, in order to be processed
before anniversary date. This will prevent an automatic
renewal and charge.
c. All THE
DESIGN SHOPPE/RNRWEBHOST accounts must be paid in full
before the transaction will be considered complete.
d.
Cancellations after the Welcome Letter of account activation
is sent,
will NOT generate ANY refund. Cancellations after the
domain has been registered, will NOT generate ANY refund.
Cancellations of any account on a monthly payment plan using
our shoppe program license will continue to be billed and
payment due until payment plan time frame expires and / or
shoppe program license is paid in full.
9.
Abuse of Services
a. Any use of THE DESIGN SHOPPE/RNRWEBHOST system resources
that disrupts the normal use of the system for other THE
DESIGN SHOPPE/RNRWEBHOST customers is considered to be abuse
of system resources and is grounds for administrative
intervention. Some examples of system abuse include, but are
not limited to, spawning dozens of processes, consuming
excessive amounts of memory or CPU for long periods of time,
overwhelm the server with heavy CPU usage from highly active
CGI scripts or chat scripts, spamming or mass emailing using
internal or external mail and/or news servers. Without
limiting the scope of the above, THE DESIGN SHOPPE/RNRWEBHOST
forbids the storage of illegal/pirated software, the use of
any type of IRC bot and/or proxy (including, but not limited
to, bnc and eggdrop), the storage and use of any type of
software intended for hacking/cracking purposes and the
storage or sale of bulk email lists intended for spamming or
resale purposes.
b. Depending
on the nature and the severity of the abuse, the user may
receive an email warning or have his/her account suspended
by THE DESIGN SHOPPE/RNRWEBHOST. Technical Support. Spamming
activities will result in immediate termination of services
to Account Holder.
c. Unethical
and criminal offenses are violations of THE DESIGN SHOPPE/RNRWEBHOST
conditions of use. You are expected to report to THE DESIGN
SHOPPE/RNRWEBHOST any information you may have concerning
instances in which the conditions of use have been or are
being violated. When THE DESIGN SHOPPE/RNRWEBHOST becomes
aware of possible violations, we will initiate an
investigation. At the same time, in order to prevent further
possible unauthorized activity, THE DESIGN SHOPPE/RNRWEBHOST
may suspend access to services to the individual account in
question. Confirmation of violations may result in
cancellation of the individual account and/or criminal
prosecution. The account suspension may be rescinded at the
discretion of THE DESIGN SHOPPE/RNRWEBHOST, following
payment of a reconnection charge equal to the current setup
fee.
10.
IP Addresses
THE DESIGN SHOPPE/RNRWEBHOST maintains control and ownership
of any and all IP numbers and IP addresses that may be
assigned to the ACCOUNT HOLDER and reserves in its sole
discretion the right to change or remove any and all IP
numbers and addresses. ACCOUNT HOLDER will have no right to
use the assigned IP numbers except as allowed by THE DESIGN
SHOPPE/RNRWEBHOST in its sole discretion in connection with
the plan ACCOUNT HOLDER has selected, during the term of
this agreement.
11.
Assignment
The rights and liabilities of the parties hereto will bind
and inure to the benefit of their respective successors,
executors and administrators, as the case may be, provided
that the ACCOUNT HOLDER may not assign or delegate its
rights and obligations under his business relationships with
THE DESIGN SHOPPE/RNRWEBHOST, either in whole or in part,
without the prior written consent of THE DESIGN SHOPPE/RNRWEBHOST.
THE DESIGN SHOPPE/RNRWEBHOST may assign its rights and
obligations under this Agreement to a third party in
connection with a merger, consolidation, sale of all or
substantially all of THE DESIGN SHOPPE/RNRWEBHOST's assets
or other corporate reorganization.
12.
Governing Law/Severability
Any Agreement, arising from the business relationships
between THE DESIGN SHOPPE/RNRWEBHOST and the ACCOUNT HOLDER,
will be governed by and construed in accordance with the
laws of the State of Florida, United States of America,
without reference to its conflicts of laws principles.
ACCOUNT HOLDER agrees that any litigation or arbitration
between the parties will take place in the State of Florida,
United States of America, and consent to personal
jurisdiction and venue in that state. If any provision of
that Agreement is found by a court of competent jurisdiction
to be unenforceable for any reason, the remainder of that
Agreement will continue in full force and effect.
13.
Age of Majority
THE DESIGN SHOPPE/RNRWEBHOST cannot accept agreements and
payments from persons under the age of 18 years. Therefore,
THE DESIGN SHOPPE/RNRWEBHOST requires that its agreements be
made with a person who is qualified to contract. As such,
the ACCOUNT HOLDER must be over the age of 18 years.
Otherwise, a parent or guardian must accept this agreement
and ensure the proper payment.
14.
Complete Understanding/Modification
These Terms & Conditions constitute the full and
complete understanding and agreement of the ACCOUNT HOLDER
and THE DESIGN SHOPPE/RNRWEBHOST, relating to the subject
matter hereof, and supersedes all prior understandings,
agreements, representations and warranties relating to such
subject matter. Any waiver, modification, or amendment of
any provision of this Terms & Conditions, initiated by
the ACCOUNT HOLDER, will be effective only if accepted in
writing and signed by THE DESIGN SHOPPE/RNRWEBHOST. 15. Privacy Policy THE DESIGN SHOPPE collects personal data for you through the use of contact us, quote and registration forms, direct personal contact with you and every time you email us your details. We will use your personal data where it is necessary to do so because it is relevant to THE DESIGN SHOPPE's dealings with you (i.e. it is relevant to the provision of the services that you have requested from THE DESIGN SHOPPE) including for billing, customer service and network management.
Without your consent, we will not use your personal data for direct marketing, including the provision of offers for THE DESIGN SHOPPE and its third party partners' products and services and customer surveys We will never share, sell or rent your personal information. We will not process personal information about you without your express consent. THE DESIGN SHOPPE will not sell, trade or rent your personal information to others.
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