Agreement between you and Scottwww StoreCart Web Services.

These Terms & Conditions constitute a legal agreement between you and scottwww StoreCart Web Services. You must accept without modification all of the terms, conditions, and notices contained in these Terms & Conditions in order to access and use the services scottwww StoreCart Web Services provide. If you do not accept these Terms & Conditions in their entirety, you may not access or use the services provided by scottwww StoreCart Web Services. scottwww StoreCart Web Services provides quality ecommerce web hosting packages complete with shopping cart. scottwww StoreCart Web Services reserves the right to suspend or cancel any customer's access to any or all services provided by scottwww StoreCart Web Services. When scottwww StoreCart Web Services decides that the account has been inappropriately used or otherwise. These are the terms and conditions for use of the Internet services provided by scottwww StoreCart Web Services. By purchasing services from scottwww StoreCart Web Services, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

Modification of these terms.

scottwww StoreCart Web Services may wish to update or change the terms, conditions and notices for the service provided from time to time to reflect changes in the service, changes in the laws affecting the services, or for other good reasons. You understand that scottwww StoreCart Web Services reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the services provided by scottwww StoreCart Web Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the scottwww StoreCart Web Services shall be subject to the Terms & Conditions, as modified from time to time.

Lawful Use.

scottwww StoreCart Web Services hosting accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away the services of their account to other parties even if it was for free or non-profitable. You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United Kingdom, England and Wales and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. You are not permitted to post any material that is illegal, libellous, tortuous, or likely to result in retaliation against scottwww StoreCart Web Services. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service. scottwww StoreCart Web Services does not allow any of the following contents to be stored on any of its servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of scottwww StoreCart Web Services.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. scottwww StoreCart Services will terminate any account that contains any of the above mentioned contents without any warning and without refunding any payments.

Data Protection.

1. Unless indicated otherwise on the relevant, the Client hereby agrees to allow scottwww StoreCart Web Services to collect and process data and information regarding the Client’s use of the Service and to provide this to sub-contractors and/or companies affiliated with scottwww StoreCart Web Services for the purposes of marketing scottwww StoreCart Web Services (or scottwww StoreCart Web Services affiliated companies) services, or other related services, or for any other purpose connected with the Agreement. scottwww StoreCart Web Services will provide the Client on request with details of all such information held by scottwww StoreCart Web Services, and will modify any information that the Client advises is incorrect. 2. Subject to and in accordance with relevant data protection legislation, the Client hereby consents to allow StoreCart Web Services to collect data regarding scottwww StoreCart Web Services use of the Services and to provide such data to any governmental or regulatory body for the purpose of scottwww StoreCart Web Services compliance with any applicable laws and regulations. 3. Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same. 4. scottwww StoreCart Web Services possesses the right to communicate with the Client regularly via, but not limited to, electronic means. 5. scottwww StoreCart Web Services may, from time to time, send Client information relating to the services of other companies that scottwww StoreCart Web Services feels may be of interest to the Client. If the Client does not want to receive such information, it is to inform StoreCart Web Services in writing to: scottwww StoreCart Web Services -PO Box 82, 22 Merrin Ave, Otorohanga, 3940. scottwww StoreCart Web Services has the right to deny Customer Support to the Client if the Client fails to demonstrate to the scottwww StoreCart Web Services representative upon receipt of a phone call or e-mail by scottwww StoreCart Web Services that they are indeed the Client and therefore authorised to request that changes be made on the account. The Client acknowledges that it may not always be possible for scottwww StoreCart Web Services to guarantee that breaches will not occur and therefore agrees to cooperate with scottwww StoreCart Web Services staff in its requests for Client authentication.

High Resource Policy.

Resources are defined as bandwidth, disk space and/or processor utilization. scottwww StoreCart Web Services may implement the following policy to its sole discretion: When an account is found to be monopolising the resources available scottwww StoreCart Web Services reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Security.

While scottwww StoreCart Web Services makes all efforts to ensure the services we provide are both secure and robust, we make no claims about this security. If someone gains unauthorised access to your account they may/may not have access to customer details such as payment information, this is your responsibility. Hacking is a serious crime and effects most businesses. Should scottwww StoreCart Web Services and/or any system provided by scottwww StoreCart Web Services suffer a breach of security we cannot be held responsible. It is the client’s responsibility to delete credit card information after processing it.

Payment Policy.

scottwww StoreCart Web Services reserves the right to change prices of accounts or services at any time. All pricing is fixed for as long as you keep your account open, excluding government charges such as tax which can change out of the control of scottwww StoreCart Web Services. In addition, scottwww StoreCart Web Services reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request.

If monthly hosting fees are 3 weeks overdue we may charge a late payment fee onto your account. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.

Indemnification.

Customer agrees that it shall defend, indemnify, save and hold scottwww StoreCart Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against scottwww StoreCart Web Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless scottwww StoreCart Web Services against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with scottwww store cart's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from scottwww StoreCart Web Services server.

Force Majeure.

Neither party shall be deemed in default of this Agreement or the Client Order to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.

Disclaimer.

scottwww StoreCart Web Services will not be responsible for any damages your business may suffer, scottwww StoreCart Web Services makes no warranties of any kind, expressed or implied for services we provide. scottwww StoreCart Web Services disclaims any warrantor merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by scottwww StoreCart Web Services and its employees.