The following are the terms and conditions for use of the Services (the ” Terms”), along with any amendments thereto and any operating rules or policies that may be published from time to time by Printcart.com.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you have any further queries or concerns, you are more than welcome to contact us at email@example.com
1. Account; Point of Contact; Account Ownership
You must register for an account (the “Account”) to access and use the Services by providing your full legal name, current address, phone number, a valid email address and certain other information indicated as required. You agree that all such information is current and accurate. We will use the email address that you provide as the primary method of communication, including for billing matters. We may reject your application for an Account for any reason, in our sole discretion.
You shall designate a single “Point of Contact”, which shall have full authority to enter into agreements and make binding decisions on your behalf. For security reasons, only the Account owner or Point of Contact designated by the Account owner will be allowed to make account changes or cancellations or to designate a new Point of Contact. You agree that we may rely on representations made by Your Point of Contact. You may change Your Point of Contact at any time. If there is reasonable doubt about the authenticity of any instruction, notice, document or communication, we reserve the right to require additional authentication from you.
You must keep your password secure. We encourage you to use best practices in creating, regularly changing and securing your password. We will not be liable for any loss or damage from your failure to maintain the security of Your Account or Your password. You agree to immediately notify us of any unauthorized use of your password or any similar breach of security.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include a copy of your business license or charter, government issued photo ID, the last four digits of the credit card on file, etc. We retain the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful owner of an Account, We reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We may suspend the Purchased Services to You with or without notice and without liability if: (a) We reasonably believe that You are using the Services in violation of the Agreement; (b) You don’t cooperate with Our reasonable investigation of any suspected violation of the Agreement; (c) there is an attack on Your Sites or Your Sites are accessed or manipulated by a third party without Your consent, (d) We are required by law, or a regulatory or government body, to suspend Your Services; or (e) there is another event for which We reasonably believe that the suspension of Services is necessary to protect Our other customers. We will use commercially reasonable efforts to give You advance notice of any such suspension unless We determine that a suspension on shorter notice or without notice is necessary to protect Us or Our other customers from imminent risk.
You shall not use the Service in any way that shall impair the functioning or operation of Our Services or equipment. You further agree not to use the Services to:
- disseminate or transmit content that is spam, including content that is machine- or randomly-generated and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
- disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis;
- disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
- export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; or
- disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program.
You may not (i) access the Services through automated means, (ii) use Our servers or Your Sites as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities, (iii) use Your Sites as an anonymous gateway, (iv) run a public recursive DNS service on any of Our servers, (v) use Our Service as a storage device or to store any data or content that is not reasonably related to the use, operation or maintenance of Your Site, or (v) use of software or scripts run on Our servers that cause the server to load beyond a reasonable level.
You agree that We have the right to carry out a forensic examination in the event of a compromise to Your Sites or Your Account.
From time to time Your Site may be subject to an event expected to cause a significant spike in traffic, such as appearance on a nationally syndicated television show or substantially advertised promotion. We encourage You to provide advanced notice of such planned events to Us so that We can create a response plan to minimize the effect on Your Sites.
You shall bear full risk of loss and damage to Your Sites and Your Account and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your Account or password or in connection with Your Sites.
You agree to comply with all applicable domestic and international laws and regulations regarding Your use of the Services.
3. Content & ownership/ Intellectual Property
Our Services allow You and Your End Users to upload, post, transmit, publish, share, store, or manage content, including, data, graphics, links, photos, music, sound, messages, videos and other materials (altogether, “Your Content”). You are solely responsible for any and all of Your Content. You represent and warrant that (i) You have all necessary rights to distribute Your Content via Our Services and (ii) Your Content does not violate the rights of any third party. You hereby grant Us a worldwide, royalty-free, non-exclusive license to host and use Your Content in order to provide the Services to You. You are responsible for undertaking necessary measures to ensure the security, confidentiality and integrity of all Your Content transmitted through or stored on Our servers. You are responsible for any of Your Content that may be lost or unrecoverable through Your use of the Services.
Our servers are not an archive and We shall have no liability to You or any other person for loss, damage or destruction of any of Your Sites or Your Content. You are solely responsible for the backup of Your Sites and Your Content. You are encouraged to archive Your Content regularly and frequently.
We do not pre-screen Your Content and We shall have no duty or obligation to monitor Your Content or any other content provided or distributed by others. However, We may at any time, without notice or liability to You, remove from public view, disconnect, or terminate the hosting of any of Your Content which We deem in Our sole discretion (i) violates the terms of this Agreement, including Our Authorized Use Policy, (ii) violates any third party’s intellectual property, or (iii) is otherwise objectionable.
We will not intentionally disclose Your confidential information to third parties, except as required in the course of providing Our Services. Confidential information includes any materials or information provided by You to Us that is not publicly known (“Your Confidential Information”). Your Confidential information does not include information that: (a) was in the public domain at the time We received it; (b) comes into the public domain after We received it through no fault of ours; (c) We received from someone other than You without breach of Our or their confidentiality obligations; or (d) We are required by law to disclose.
In order to permit Us to protect the quality of Our Services, You hereby consent to Our staff accessing Your Account, Your Sites and Your Content from time to time to investigate complaints or other allegations or abuse and to otherwise perform the Services set forth herein.
You understand that Your Content, other than credit card information, may be transferred unencrypted over various networks and may be modified to the extent necessary to conform and adapt to technical requirements of connecting networks or devices. Credit card information, however, is always encrypted during transfer to or by Us.
We claim no ownership or intellectual property rights in Your Content.
4. Paid Services.
- Fees; Payment.
Optional premium ‘Pro’ paid services such as extra storage, Pro themes, and plugins, or Campus Packages are available on the Website. By selecting a premium service you agree to pay Printcart.com the 6 months, 12 month or 24 months subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
All fees are exclusive of all federal, state, and/or other governmental sales, goods, and services, value-added, harmonized or other taxes, fees or charges. Customer shall be responsible for all sales, goods, and services, value-added, harmonized or other taxes, fees or charges.
- Subscription & Auto-renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).
For example, if you buy the original subscription period for Printcart is 6 months, at the renewal date we will notify you that we will automatically charge the fee for the next 6 months within 15 days. If you cancel the recurring within 6 months, and you don’t pay any more, your site will be locked after 15 days notification
You may turn-off the auto-renewal option or cancel your Paid Services at any time via your User Account.
Certain domains are subject to a different renewal policy. Not with standing anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Printcart Services you use (whether or not such Printcart Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Printcart Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Printcart Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Printcart in relation to the discontinuation of any Printcart Services or Third Party Services, for whatever reason.
With the Free or Paid accounts, we provide the ticket support system with dedicated team. If you cancel recurring, we cannot support you.
All Free and Paid account support will be provided in accordance with Printcart.com Pro practices, procedures and policies.
If you are not satisfied with Printcart Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within seven (7) days of having first ordered or activated such Printcart Services (the “Refund” and “Refund Period”). You can refer in detail here
The Refund is applicable only to the initial purchase of Printcart services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Printcart.com). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Printcart Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Printcart receives such notice within such Refund Period, Printcart will refund to you the amount Printcart charged you for such Printcart Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Printcart will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Printcart Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Printcart Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Printcart Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Printcart will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
Printcart.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Printcart.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Pro account, such account can only be terminated by Printcart.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Printcart.com’s notice to you thereof; provided that, Printcart.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Copyright Infringement and DMCA Policy.
As Printcart.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Printcart.com violates your copyright, you are encouraged to notify Printcart.com using this from here. Printcart.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Printcart or others, Printcart may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Printcart will have no obligation to provide a refund of any amounts previously paid to Printcart.
Printcart.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Printcart.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Disclaimer of Warranties
The Website is provided “as is”. Printcart.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Printcart.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability
We are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of our website, the services, your content, third party services, third party sites or third party content, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we have been advised of the possibility of such damages. You hereby release us and hold us and each of our parents, subsidiaries, affiliates, licensors, and each of their respective officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of our website, the services, your content, third party services, third party sites or third party content. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.
In the event of any problem with our website, the services or our intellectual property, you agree that you’re sole and exclusive remedy is to cease using the services.
The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
Certain states and/or jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.