EasyStoreCreator Terms of Service
Last Updated: June 29, 2009
1. ACCEPTANCE OF TERMS
Welcome to EasyStoreCreator. EasyStoreCreator provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at: http://www.easystorecreator.com/tos.asp
In addition, when using particular EasyStoreCreator services, you and EasyStoreCreator shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
EasyStoreCreator provides users with access to a collection of on-line resources, including, various communications tools,
software, online forums, shopping services, personalized content and branded programming through its network of properties
(the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service,
including the release of new EasyStoreCreator properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that EasyStoreCreator assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any communications or data.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be
aware that EasyStoreCreator has created certain areas that provide the ability to create adult or mature content. You must
be at least 18 years of age to access and use such services.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information
about yourself and your company as prompted by the Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or EasyStoreCreator has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, EasyStoreCreator has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any portion thereof). EasyStoreCreator is not
liable for any resulting loss of service due to untruthful or incomplete information. EasyStoreCreator is concerned about
the safety and privacy of all its users, particularly minors. For this reason, parents, or the legal guardian of minors
who wish to allow their children access to EasyStoreCreator must agree to supervise, and otherwise completely indemnify
EasyStoreCreator of any content the minor may come into contact with during operation of the EasyStoreCreator service.
Please remember that the Service is designed to appeal to a mature business audience. Accordingly, as the legal guardian,
it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are
appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to:
(a) immediately notify EasyStoreCreator of any unauthorized use of your password or account or any other breach of security.
(b) ensure that you exit from your account at the end of each session.
EasyStoreCreator cannot and will not be liable for any loss or damage arising from your failure to comply with this
Section 5. Furthermore EasyStoreCreator is not responsible for any damages, which may occur to you, your community
standing, or your business in the event of a known or unknown person(s) gain unauthorized access to your account.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not EasyStoreCreator, are entirely responsible
for all Content that you upload, post, email or otherwise transmit via the Service. EasyStoreCreator does not control
the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will EasyStoreCreator be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
A. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of someone's privacy, hateful, or racially, ethnically or
B. Harm minors in any way
C. Impersonate any person or entity,; including, but not limited
to, a EasyStoreCreator official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity
D. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service
E. Upload, post, email or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
F. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party
G. Upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose
post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
or that may interfere with or disrupt the normal flow and operation of any system.
J. Interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service
K. Intentionally or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated be the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange
or the NASDAQ, and any regulations having the force of law
L. "Stalk" or otherwise harass another individual
or store personal data about other users of this service
You acknowledge that EasyStoreCreator does not pre-screen Content, but that EasyStoreCreator and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, EasyStoreCreator and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by EasyStoreCreator or submitted to
EasyStoreCreator, including without limitation information in EasyStoreCreator and in all parts of the Service.
You acknowledge and agree that EasyStoreCreator may preserve Content and may also disclose Content if required to
do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of EasyStoreCreator, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules in your jurisdiction
regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from or to the United States or the country in which you reside.
You agree to indemnify and hold EasyStoreCreator, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EasyStoreCreator may establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that email messages, maximum sizes of images, total number
of products, sales history, or other uploaded Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum disk space that will be allotted on EasyStoreCreator's
servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that EasyStoreCreator has no responsibility or liability for the deletion or failure
to store any communications or other Content maintained or transmitted by the Service. You acknowledge that EasyStoreCreator
reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that
EasyStoreCreator reserves the right to change these general practices and limits at any time, in its sole discretion,
with or without notice.
11. MODIFICATIONS TO SERVICE
EasyStoreCreator reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You agree that EasyStoreCreator shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that EasyStoreCreator, in its sole discretion, may terminate your password, account (or any part thereof)
or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation,
for lack of use or if EasyStoreCreator believes that you have violated or acted inconsistently with the letter or spirit
of the TOS. EasyStoreCreator may also in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and acknowledge and agree that EasyStoreCreator may
immediately deactivate or delete your account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that EasyStoreCreator shall not be liable to you or
any third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser. You agree that EasyStoreCreator
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because
EasyStoreCreator has no control over such sites and resources, you acknowledge and agree that EasyStoreCreator is not
responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that EasyStoreCreator shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
15. EasyStoreCreator'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software")
may contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by EasyStoreCreator or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in whole or in part.
EasyStoreCreator grants you a personal, non-transferable and non-exclusive right and license to use the object code
of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign,
sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the
interface that is provided by EasyStoreCreator for use in accessing the Service, or by through interfaces which have been
appropriately licensed and endorsed by EasyStoreCreator, Inc.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EasyStoreCreator EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. EasyStoreCreator MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION A
ND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM EasyStoreCreator OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EasyStoreCreator SHALL 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 (EVEN IF EasyStoreCreator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. INDEMNIFICATION OF ILLEGAL ACTIONS
By using EasyStoreCreator services you represent that the goods or services you promote on EasyStoreCreator belong to you,
and that such items were obtained legally, through sanctioned reputable channels, and that such goods or services are legal
in your jurisdiction, and that you have the authorization by all necessary government or regulatory boards to sell, issue,
authorize, or otherwise transfer said goods and services. Furthermore you represent that you will take all necessary measures
to insure said goods or services do not reach areas, or individuals who are not allowed to own, handle, or otherwise poses
such goods or services. Furthermore you represent you will take reasonable steps to insure that said goods or services do not
transit an area where said goods and services are illegal or prohibited, unless explicitly allowed through other applicable
laws such as in the case of interstate commerce. And that in the case of dangerous goods, all necessary preparations were
made to avoid any accidental release, leakage, discharge, or other action which may expose persons responsible for shipping,
transporting, or receiving goods any harm. You further agree to indemnify EasyStoreCreator, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your sale and transportation of goods and or services.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
EasyStoreCreator, and EasyStoreCreator.com are trademarks of EasyStoreCreator. all rights reserved.
21. COPYRIGHTS and COPYRIGHT AGENTS
EasyStoreCreator respects the intellectual property of others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement, please provide EasyStoreCreator's
Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf.
22. SEARCH ENGINE POLICY
All free EasyStoreCreator sites are hosted under
the "EasyStoreCreator.COM" domain name. Many search engines do not distinguish that each site is separate
and therefore the actions of one customer, can affect all customers. For this reason EasyStoreCreator has
developed a strict policy regarding Search Engine "Spamming" techniques. Customers are explicitly prohibited from:
Cloaking - creating deceptive pages which attempt to trick search engines into giving higher ranking.
Writing text or creating links that can be seen by search engines but not by visitors.
Participating in link exchanges for the sole purpose of increasing your ranking in search engines.
Sending automated queries to Google in an attempt to monitor your site's ranking.
Use programs that generate lots of generic doorway pages.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and EasyStoreCreator and govern your use of the Service, superseding
any prior agreements between you and EasyStoreCreator. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between
you and EasyStoreCreator shall be governed by the laws of the State of California without regard to its conflict of law
provisions. You and EasyStoreCreator agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of San Diego, California. The failure of EasyStoreCreator to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. CANCELLATION OF SERVICE
Service may be canceled online at anytime and all recurring billings will be immediately terminated. If cancellation of service
is requested within 45 days of initial activation customer may request a full refund of payment. After the initial 45 day testing period all payments are final. No refunds are given for partially
used periods, ie partial months, partial years etc. Refunds are processed within 72 hours of request but can take up to 5 business days to show up on your statement.
Please report any violations of the TOS to our Customer Care group at