TURNKEY WEBSITE TERMS AND CONDITIONS
Welcome to our turnkey ecommerce website offering. By using this service (as defined below), you are agreeing to be bound by the following terms and conditions (the "Terms of Service"). Turnkey Security Websites is a division of World Net Enterprises, Inc. You agree not to use the Services in any manner that violates these Terms.
As used in these Terms of Service, "we", "us", "our", "offering", "World Net Enterprises", and "World Net Enterprises, Inc., WNE, Turnkey Security Websites, and turnkeysecuritywebsites.com" means the applicable World Net Enterprises, Inc., Contracting Party (as defined in Section 14 below), and "you" means the User (if registering for or using this offering as an individual), or the business employing the User (if registering for or using the Service as a business) and any of its affiliates.
The services offered by World Net Enterprises under these Terms of Service include various products and services that enable us to build, maintain, and license an ecommerce website to you that will offer around 550 safety, security and self-defense products. Any such service or services offered by World Net Enterprises are referred to in these Terms of Service as the "Service", "Services", and "Website". Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
This agreement is with World Net Enterprises, Inc., author, publisher, website host, and maintainer of the websites provided through this offering and not the supplier(s) of the products.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service before you may use the Service.
1. Account Terms
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services and qualify for an Account.
- When purchasing our service you will enter your email address. While your website is under construction, your current email address will be one of the primary means of communication with us.
- You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- Technical support in respect of the Services is only provided to registered Users. Questions concerning technical support and about the Terms of Service can be sent to us through our customer support email form.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by us.
- You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
- You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
- You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. "Materials" means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to us or our affiliates.
- World Net Enterprises, Inc. /Turnkey Security Websites is not the supplier of the products that will be installed on your website. Before your website is open for business, you must register as an authorized dealer of the products with the supplier(s). We will aid you with the registration process.
2. Account Responsibility
2.1 Store Owner
- Subject to Section 2.1.2, the person purchasing the website service for which we will register an Account will be the contracting party ("Store Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account that we provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
- If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Your Store can only be associated with one Store Owner. A Store Owner may have multiple Stores. "Store" or "Stores" means the ecommerce website or websites that we build for you.
2.2 Staff Accounts
- The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
- The Store Owner, the Store employees, agents and subcontractors are each referred to as a "User".
3. Our Rights
- The Services have a range of features and functionalities. Due to extremely rare outages caused by circumstances beyond our control, not all Services or features are guaranteed to be available to all Merchants at all times.
- We are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
- Verbal or written abuse of any kind (including profanity, threats of abuse or retribution) directed at any World Net Enterprises/Turnkey Security Websites employee, member, officer or product supplier will result in immediate Account termination.
- 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, but is not limited to a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
- We reserve the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Service Account Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, We reserve the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
4. Turnkey Security Websites
All websites include the following:
- We will provide and license a fully functional e-commerce website to you that is stocked with approximately 550 safety, security and self-defense products. The quantity varies, because products that aren't selling well are removed and new products are added from time to time.
- Custom content design during the set-up process, which includes logo and main website banner design, as well as insertion of company specific information throughout the website and other alterations/additions requested by you. Major alterations/additions requested by you may result in additional charges.
- Website hosting, disc space and data transfer
- Management of all domain, server, and hosting maintenance
- If you already have a registered domain name, we will aid you in directing the name servers to your new website.
- If you do not have a registered domain name, we will aid you in researching what domain names are available and help you register your domain name.
- We will impliment updates as needed, which includes installation of new products, removal of discontinued products, implement inventory in stock/out of stock updates and more.
- Whether you are a forming a new business as a sole proprietor or are an established corporation, we can assist you in acquiring a merchant account to accept credit cards. Due to a special arrangement that we have made with merchant bank, Elavon, there will be no set-up fees, no minimums, no monthly fee and no cancellation fee. The payment processing fees for Visa, Mastercard, Discover and American Express are a flat 2.90% + $0.30 per transaction. Lower rates are available to higher volume businesses. In addition, you will be utilizing AVS validation fraud prevention technology. Rates and fees may change from time to time.
- If you already have a merchant account to accept credit cards, it must utilize one of the 65 payment gateways listed here to be compatible with our website software. You can call your merchant bank to ask them what payment gateway they use.
- You will submit orders that you receive to the supplier through their website for dropship. After the supplier sends you a copy of your final invoice at the end of the day by email, you will add the shipment information to the orders in your website administration area and send package tracking emails to your customers. Cutting Edge Products adds a $2.50 dropship fee to all orders totaling $24.99 or less. Cutting Edge Products' freight cost is based on their actual commercial rates, which considerably reduces freight cost. Should you opt to add products supplied by Sportsman's Supply, they do not charge a dropship fee. Their freight cost is based on their commercial rates as well.
Payment for Services
- Our initial website generation and start up fee that is listed on the website purchase pages will be charged when you place an order for a website. Your first monthly fee for website hosting, disc space, data transfer and ongoing product updates will be charged one month after you order your website.
5. Optional Products and Services
Prebuilt Websites w/Domain Name
- If you select one of our prebuilt "99% ready to go live" websites that includes one of our pre-registered premium domain names, the website logo and main banner have already been designed and installed. The domain name servers are already operational, in addition to the domain/company specific information has been added throughout the website. Your website will be live and open for business in as little as 2 business days.
- If you add Order Processing for an additional monthly fee before checking out, we will submit your orders to suppliers daily. After shipment we will add final product and freight cost to your orders in your administration area and send package tracking emails to your customers. With this service, you can log into your administration area and quickly produce single order, daily, weekly, monthly, and yearly bottom line profit reports. You will be charged the first monthly payment 1 month after you order your website.
End Customer Email and Phone Support
- If you add "White Label" End Customer Email and Phone Support for an additional monthly fee before checking out, we will configure your contact page emails to be sent to us, as well as install our toll free 800 customer support telephone number on your contact page. Your customers can contact us with questions concerning products, their order status, package tracking, place an order by phone, and more. You will be charged the first monthly payment 1 month after you order your website.
- By default, our standard turnkey website is stocked with around 550 safety, security, and self-defense products. If you tick the "Add Additional 10,500 Products" option before checking out, we will add around 10,500 additional products to your website supplied by Sportsman's Supply of Fenton, Mo. We will keep these products up to date, which includes addition of new products, removal of discontinued products, realtime in stock/out of stock updates and more. Categories include tactical, hunting, bullet proof gear, public safety and law enforcement gear, nightvision and thermal, optics and sights, sports apparel, archery, camping and outdoor, fishing, gifts and novelty, golf, hunting, camping knives and tools, lights, marine and water sports, rods and reels, shooting accessories, survival gear and more.
Note: The ability to sell these products is still in beta testing mode. If Sportsman's Supply continues to swiftly dropship orders and maintains a high percentage of products in stock, we will offer the option to sell their products on a permanent basis. Should you select the option to sell these products before checking out, these products will be added for no extra charge. If we decide to continue to offer the products, you will then be charged $99 extra per month. If you decide to cancel your website as a result of us discontinuing these products, no refund will be given.
Future Additional Products
- We are constantly in the process of improving our turnkey website offering. This includes researching the possibility of adding more products from new suppliers that compliment the products already offered. We will let you know when new products are available. Per your request, we will add the additional products to your website for a nominal monthly fee.
Custom Development Services
- As long as your Accountremains active, we will perform all of the updates included in the, "All websites include the following" in section number 4 above. During the first month after going live, we will implement additional custom modifications at your request, however, major development requests may require an additional payment.
- After the first month we can add additional custom modifications to your website as described by you for an hourly rate starting at $56.25 per hour. The rate we charge depends on the complexity of the project.
6. No Refunds
If there is a problem with your website's functionality or appearance we will fix it. There is a substantial amount of labor and expense required to construct, license, and launch a new website, therefore, we are not able to issue refunds for any reason. We will build and publish your website substantially similar to our website theme templates and 99% prebuilt websites as advertised. We will optimize your website pages in a way that may produce visible search engine rankings in your local area and eventually your website pages may rank nationally, however, it is up to you to further promote your website.
Please note that this offering works best for established brick and mortar businesses, as it gives them a top quality, state-of-the-art online presence. Established businesses can include their website address in all advertising campaigns, hand a business card to every customer at checkout, and market to their already established clientele by way of email campaigns and snail mail brochures. Individuals who do not already own a business may also experience success, but a longer period of time will be required to achieve success. Individuals must be willing to promote their website by one or more of the marketing means listed in section 7 below titled, "Website Promotion". We will provide a fully functioning e-commerce website platform that will enable you to sell products online, however, we cannot guarantee any level of search engine ranking, the number of sales, or any predefined outcome as a result of the services.
7. Website Promotion
New website owners need to engage in various marketing campaigns to produce sales. The amount of success a website achieves is directly proportional to the amount of marketing and promotion website owners/managers engage in. These include some of the following:
1. Hand out business cards (essential to receive orders soon after launch)
2. Local, regional and national advertising campaigns, which might include paid Google, Bing and Yahoo "pay-per-click" search advertising (search engines will place your paid ad at the top of search results), Google Adwords (banner placement linking to your website), and online magazine ads.
3. Email marketing
4. Affiliate marketing (bloggers, social media influencers, image banner placement companies, etc. link to your website for a commission that is payable only when the visitors that they refer to your website make a purchase)
5. Listing in Yellow Pages and other similar publications
6. Social media ads, including Facebook, Instagram, Pinterest, LinkedIn, Yelp, and YouTube
7. The use of professional marketing agencies
The list above includes various ways that you can promote your website. We will design your website according to the preferences of the major search engines, which may produce visible search engine rankings, however, we do not assist website owners in planning marketing strategies or engage in any sort of outside website promotion.
As you have researched various opportunities, we are sure you have been inundated with "get rich quick" schemes which promise big profits with little or no effort from you. If that is what you are looking for, we wish you the best, but you will not find that here. We are looking for business entrepreneurs who are willing to work hard and know that growing a profitable business takes time and effort.
8. Payment of Fees and Taxes
- You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. We will charge applicable Fees to any valid payment method that you authorize and we will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a "Billing Date"). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Users have two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method we will contact you by phone or email. We will make a second attempt to process payment using any Authorized Payment Method, typically 2 days later, but we may attempt sooner. If the second attempt is not successful, we will make a final attempt, typically 2 days following the second attempt, but in certain circumstances we may do this second attempt sooner. If our final attempt is not successful, we may suspend and revoke access to your Account, the Services and take your website offline. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 30 days following the date of suspension, we reserve the right to terminate your Account in accordance with Section 15.
- You are solely responsible for reporting and remitting applicable taxes that arise from or as a result of any sale on your Store or your use of the Services. Any contract of sale made through the Services is directly between you and your customer. In the beginning, in accordance with sales tax laws if all 50 states, sales tax will only be collected from customers who enter a delivery address within your company's home state. You will only be required to file a sales tax return with your state either once a month or once a year, depending on your state's requirements. If you start doing a substantial amount of business with customers located in various other states, those states may require that you collect and remit taxes to them as well. Most states' gross sales threshold is at least $10,000.00 or more per year, before they require you to start collecting and remitting taxes for orders that are shipped to destinations within their state. It is your sole responsibility to let us know when you want to collect sales tax for additional states, so that we can make the necessary changes to your website, as we do not monitor website order delivery addresses and whether sales tax should be collected or not. Calculating the total amount of taxes that should be paid reported and paid is a simple process, as you only need to export your orders to a spreadsheet. We will aid you in exporting the order and tax collected data if you need assistance.
- "Confidential Information" will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Our Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public, including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
10. Limitation of Liability and Indemnification
- You expressly understand and agree that, to the extent permitted by applicable laws, World Net Enterprises and World Net Enterprises' suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
- You agree to indemnify and hold us and (as applicable) subsidiaries, affiliates, partners, third party webmasters, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
- You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
- Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, however, in the event that the Services are interrupted, become untimely, unsecure and if errors are detected, we will work diligently to correct any and all problems.
- We are not responsible for any of your income tax obligations or liabilities related to the use of our Services.
11. Intellectual Property and Your Materials
10.1 Your Materials
- You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you for the purpose of publishing the Materials on your website. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favor of World Net Enterprises and it subsidiaries and agree that this waiver may be invoked by anyone who obtains rights in the materials through us, including anyone to whom we may transfer or grant (including by way of license or sublicense) any rights in the Materials.
- If you owned the Materials before providing them to us, then despite uploading them to your Store, they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Store at any time by deleting your Account. Removing your Store does not terminate any rights or licenses granted to the Materials that we require to exercise any rights or perform any obligations that arose during the Term.
- You agree that we can, at any time, review and delete any or all of the Materials submitted to the Services, although we are not obligated to do so.
- You grant World Net Enterprises a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store ("Your Trademarks") to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that World Net Enterprises requires the license to exercise any rights or perform any obligations that arose during the Term.
10.2 World Net Enterprises' Intellectual Property
- You agree that you may not use any trademarks, logos, or service marks of World Net Enterprises, whether registered or unregistered, including but not limited to the word mark, World Net Enterprises, or any of the brands of the products that we install on your website ("Trademarks") in any medium other than your website unless you are authorized to do so in writing. You agree not to use or adopt any marks that may be confused with the word mark, World Net Enterprises or any of the marks associated with any of the products that we install on your website. You agree that any variations or misspellings of the Trademarks would be considered confusing with the Trademarks.
- You acknowledge that you are not purchasing the website software, as well as the licensed stock images that are included with the services. You acknowledge that the website software and all of the stock images that are provided with the services are licensed to World Net Enterprises by various third party entities. These include the large home page slider images, as well as other smaller stock images installed to other pages of the website, including the website logo, if we authored it for you. You agree to not copy, sell, disseminate or use the website software and/or stock images in any other application and that doing so will be considered copyright infringement.
- You acknowledge and agree that the Terms of Service do not give you any right to implement patents.
12. Additional Services
11.1 Your Website Email Function
- We employ certain controls to scan the content of emails you have sent using the Email Services. Such "Content Scanning" is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or our Acceptable Use Policy. By using the Email Services, you explicitly grant us the right to employ such Content Scanning. Each merchant is responsible for all content generated by their respective Stores.
- using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
- using purchased or rented email lists;
- using third party email addresses, domain names, or mail servers without proper permission;
- sending emails to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org);
- sending emails that result in an unacceptable number of spam complaints
- failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
- including "junk mail," "chain letters," "pyramid schemes," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
11.2 Third Party Services
- We may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- Any use by you of Third Party Services offered through the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, we may receive a revenue share from Third Party Providers that we recommend to you or that you otherwise engage through your use of the Services.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that we have no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on our Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with World Net Enterprises. We do not guarantee the availability of Third Party Services and you acknowledge that we may disable access to any Third Party Services at any time in its sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of any Third Party Service. We strongly recommend that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. We are not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and we are not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances will World Net Enterprises be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if we have been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and our subsidiaries, affiliates, World Net Enterprises partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
11.3 Beta Services
- From time to time, we may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants ("Beta Services"). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which we will provide to you prior to your use of the Beta Services.
- Such Beta Services and all associated conversations and Materials relating thereto will be considered Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without our prior written consent.
- We make no representations or warranties that the Beta Services will function.
- We may discontinue the Beta Services at any time in its sole discretion. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
- The Beta Services may not work in the same way as a final version.
- We may change or not release a final or commercial version of a Beta Service in our sole discretion.
13. Feedback and Reviews
We welcome any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to World Net Enterprises be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to us (whether submitted directly to us or posted on any World Net Enterprises hosted forum or page), you waive any and all rights in the Feedback and that we are free to implement and use the Feedback if desired, as provided by you or as modified by World Net Enterprises, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to us must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
14. DMCA Notice and Takedown Procedure
We support the protection of intellectual property and ask merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA (Digital Millennium Copyright Act) Notice to us. Once provided with a notice of takedown, the merchant can reply with a counter notification email if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
15. Privacy and Data Protection
16. World Net Enterprises Contracting Party
- If the billing address of your Store is located in the United States, this Section 13(1) applies to you:
- "World Net Enterprises, Inc. Contracting Party" means World Net Enterprises, an Arkansas corporation, with offices located at 215 West Industrial Park Road, #3393, Harrison, AR 72601.
- The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Arkansas with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
17. Term and Termination
- The term of these Terms of Service will begin on the date your website generation fee is paid by you and continue until terminated by us or by you, as provided below (the "Term").
- You may cancel your Account and terminate the Terms of Service by contacting Customer Support and then following the specific instructions relayed to you in our response.
- Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time, including, but not limited to if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
- Upon termination of the Services by either party for any reason:
- World Net Enterprises will cease providing you with the Services and you will no longer be able to access your Account.
- Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
- Any outstanding balance or early termination fees owed to World Net Enterprises will immediately become due and payable in full.
- Your Store will be taken offline.
- If you opt to keep your own domain name after cancellation of your Account, you will be responsible for renewing the domain name. It is customary for domain registrars to offer the option to renew yearly or for multiple years. Domain registrars usually send several expiration notice emails in the days and weeks before domain expiration.
- If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- World Net Enterprises fully intends to provide the Service indefinitely, however, should the need arise we reserve the right to transfer ownership and all responsibilities to a professional third-party ecommerce management company. If this occurs, you expressly understand and agree that World Net Enterprises will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the transfer of ownership of the Service, however arising, including negligence.
- We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect for, but not exclusive to (i) legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. The Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
- We may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the primary Account holder's Email Account, or by similar means. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
19. General Conditions
- The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and World Net Enterprises and govern your use of the Services and your Account, superseding any prior agreements between you and World Net Enterprises (including, but not limited to, any prior versions of the Terms of Service).
- The failure of World Net Enterprises to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
- Save for World Net Enterprises and its affiliates, you or anyone accessing World Net Enterprises Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
- The Terms of Service will be governed by and interpreted in accordance with the laws of the state of Arkansas and the laws of the United States applicable therein, without regard to principles of conflicts of laws.
- All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. World Net Enterprises will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without World Net Enterprises’ prior written consent, to be given or withheld in World Net Enterprises’ sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 7 (Payment of Fees), 8 (Confidentiality), 9 (Limitation of Liability and Indemnification), 10.1 (Intellectual Property and Your Materials), 11.2 (Third Party Services), 12 (Feedback and Reviews), 14 (Privacy and Data Protection), 15 (World Net Enterprises Contracting Party), 16 (Term and Termination), 17(1) (Modifications), and 18 (General Conditions) will survive the termination or expiration of these Terms of Service.