By signing up with 1ShoppingCart, you agree to the following Terms of Service:

This Terms of Service document (this “Agreement”) constitutes a legally binding contract between Web.com Group, Inc. (“1ShoppingCart”) and the person or organization (the “Client”) who submits an order for services or who pays for services from (the “Client”). 1ShoppingCart may change this Agreement at any time by posting a revised version of the Agreement on its website and such change will be effective at any time after the Client is advised of the change and continues to use or pay for the Services.

1. Services

1ShoppingCart will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the 1ShoppingCart website. The Client will pay for the Services at the price indicated in the order. 1ShoppingCart may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after 1ShoppingCart posts the change on its website. All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in United States dollars via credit card or other payment method acceptable to 1ShoppingCart. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client’s profile and to update such contact details as they may change.

2. Acceptable Use

The Client may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the 1ShoppingCart Acceptable Use Policy. In addition, the Client agrees that it will not use the Services to:

1. Engage in any illegal or tortuous activity;
2. violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party;
3. sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material; or
4. Use verbal, physical, written or other abuse (including threats of abuse or retribution) of any Web.com customer, employee, member, or officer will result in immediate account termination.
5. publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to 1ShoppingCart in its sole discretion.

3. No Guarantee of Results

The Client acknowledges that 1ShoppingCart does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of 1ShoppingCart and for which 1ShoppingCart will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify 1ShoppingCart and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of 1ShoppingCart under this Agreement.

4. Use of Client Data

Client agrees that 1ShoppingCart may use data collected from the Client only as permitted by the 1ShoppingCart Privacy Policy and 1ShoppingCart agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein.

5. Description of Services

The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:

1. Shopping Cart and eCommerce software that facilitates the sale of products by the Client to customers on a website controlled by the Client;
2. Email marketing tools and services;
3. Online advertising tools and services; and
4. Affiliate marketing tools and services;

Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.

6. Billing Policy

The Services will commence on the date Client’s order is accepted by 1ShoppingCart (the “Effective Date”) and will continue on the basis of successive billing periods of 30 days (with the first day of each billing period being a “Billing Date”) thereafter until terminated by either party. 1ShoppingCart will charge the Client’s credit card on each Billing Date for the billing period beginning on that date. If funds or not available or 1ShoppingCart otherwise is unable to collect any fees when due, 1ShoppingCart may continue to submit charges on Client’s credit card from time to time until all fees due are paid. 1ShoppingCart may suspend all or any portion of the Services at any time when fees are due and unpaid.

Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. Clients who purchase Services with an annual billing arrangement may receive a refund for terminating the Services in the following circumstances:

1. An annual-billed Client may receive a 100% refund for termination within thirty (30) days after the annual renewal date.
2. An annual-billed Client may receive a 50% refund for termination within thirty-one (31) and ninety (90) days after the annual renewal date.
3. An annual-billed Client may receive a 25% refund for termination within ninety-one (91) and one hundred eighty (180) days after the annual renewal date

Thirty Day Money-Back Guarantee. In addition, any Client may receive a refund of 100% of the amount paid if Client terminates the Services within thirty (30) days or less after the Effective Date.

Please note: Clients who are subscribed to monthly packages, who have surpassed the 30-day trial period, will not be entitled to a refund.

7. Termination

Client may terminate this Agreement at any time by giving 1ShoppingCart notice at least seven (7) days prior to the next Billing Date. 1ShoppingCart may also terminate this Agreement at any time by giving Client at least thirty (30) days prior notice. In addition, 1ShoppingCart may terminate this Agreement immediately and without prior notice if Client is in breach of this Agreement. Following termination the Client will have no right to use or access the Services. In its discretion, 1ShoppingCart may permit a Client to recover data from the Services following termination after payment of additional fees.

8. Notice

1ShoppingCart may give notice to Client of any matter under this Agreement (a) orally, by calling Client’s representative or by leaving a voicemail for Client’s representative at the telephone number in Client’s profile, (b) by email to the email address provided by Client in Client’s profile, or (c) by regular mail to Client’s mailing address in Client’s profile. Client may give notice to 1ShoppingCart by regular or certified mail to the following address:

1ShoppingCart 12808 Gran Bay Parkway, West Jacksonville, FL 32258 Attn: Legal Department

Provided, however, that Client may give notice of termination by calling 1ShoppingCart at 1-800-592-2395.

9. Affiliate Program

If Client checked the box to participate in the 1ShoppingCart affiliate marketing program, or has otherwise been accepted by 1ShoppingCart to participate in such affiliate marketing program, the following provisions apply:

1. 1ShoppingCart will pay a commission (the “Commission”) equal to ten percent (10%) of amounts billed and received by 1ShoppingCart from new customers who purchase services from 1ShoppingCart within six (6) months after clicking on an approved 1ShoppingCart affiliate marketing banner on a website owned or controlled by Client.
2. All tracking of referrals and clicks are as determined by 1ShoppingCart’s systems. 1ShoppingCart will not pay Commissions on sales that are subsequently rescinded or charged back and any Commissions paid on such sales must be repaid or debited from future Commissions due.
3. 1ShoppingCart will aggregate Commissions due and issue checks only when the check amount is equal to or greater than $50.00 (USD).
4. 1ShoppingCart may change the commission rate and other terms and conditions of this affiliate marketing program at any time, with such changes to be effective when posted to the 1ShoppingCart website.
5. After enrolling in the affiliate marketing program, a Client must click the referral program link within the Client’s account and use the enclosed tracking link. Client may not use or display on the affiliate link any material that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of 1ShoppingCart.
6. A Client enrolled in the affiliate marketing program will continue to earn Commissions even after the Client terminates Services. 1ShoppingCart may offset against any Commissions earned, however, any due and unpaid amounts in respect of Services.

10. Miscellaneous

1. Indemnification. Client will indemnify and defend 1ShoppingCart against any third-party claim, action, suit, or proceeding arising out of or relating in any way to any alleged breach of this Agreement by Client. 1ShoppingCart will indemnify and defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of this Agreement by 1ShoppingCart. In connection with any request for indemnification under this Agreement, the indemnified party must: (i) give the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) grant control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperate with the indemnifying party at the indemnifying party’s expense.
2. Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF 1ShoppingCart UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL 1ShoppingCart BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF 1ShoppingCart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, 1ShoppingCart WOULD NOT ENTER INTO THIS AGREEMENT.
3. Miscellaneous. This Agreement shall be governed solely by the laws of the State of Florida, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Florida, with sole venue in the courts located in Duval County, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of 1ShoppingCart. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Services or this Agreement. Neither party may waive any right hereunder except expressly and in writing. This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.

Version 2.1 - 02/25/2009

If you have any questions concerning these terms, please contact us.