End-Users License Agreement .
This End-User License Agreement ("EULA") is a legal agreement between you
(individual or single entity) and iPAYworld.com (herein referred to as "iPAYworld.com")
for the use of the iPAYworld.com software accompanying this EULA, which
includes iPAYworld.com computer software and online or electronic
documentation (herein referred to "Software"). By exercising your right to use
the Software, you agree to the terms of this EULA. If you do not agree to the
terms of this EULA, do not complete the order at this time.
SOFTWARE SERVICE LICENSE:
Subject to payment of applicable license fees, Licensor grants Licensee a
non-exclusive and non-transferable license to use the executable code of the
Software Product and accompanying documentation according to the terms and
conditions of this Agreement. The Software Service is protected by copyright
laws and international copyright treaties as well as other intellectual
property laws and treaties. The Software is delivered as a service and is
licensed (rented), not sold.
RIGHTS OF SERVICE:
iPAYworld.com grants you a nonexclusive, royalty-free right to use ONE COPY of
the Software. Your one copy may be used for multiple Affiliate Programs
across multiple domain names. Code will be installed by licensor on
Licensee's website upon request, and at a fee, to initiate functionality of
the Software from Licensor's computer servers. The licensor reserves the right
to refuse a license of Software Product to a licensee for reasons such as, but
not limited to, licensee is promoting controversial material, product or
service, if licensee is doing anything suspected to be illegal. In such a
case, licensor will refund the full purchase price of the Software Product to
the Licensee within 30 days of the notice of refusal to license Software
Product to licensee. Licensee will be given a 30 day unconditional money back
guarantee beginning immediately after purchase of software. After 30 days has
passed, Licensee will not be eligible for refund of purchase.
COPYRIGHT:
All title and copyrights in and to the Software (including but not limited to
any image, photographs, animations, video, audio, music, or text incorporated
into the Software) are owned by QuickPayPro, LLC -
www.QuickPayPro.com. The
Software Service is protected by copyright laws and international treaty
provisions. Therefore, you must treat the Software like any other copyrighted
material.
OTHER RESTRICTIONS:
This EULA is your proof of license to exercise the rights granted herein and
must be retained by you. You may not reverse engineer, decompile, or
disassemble the Software except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation.
NO SPAM POLICY:
iPAYworld.com does not and will not tolerate the sending of unsolicited email
messages and will prosecute all offenders to the fullest extent of the law.
You must immediately terminate any Affiliate found in violation of this
policy. This includes but is not limited to Affiliates that use the Mailing
List Manager, Autoresponders, or Refer-a-Friend Service, and Affiliates who
use their own email programs/accounts to send unsolicited mailings regarding
your Affiliate Program or your products/services. If you do not immediately
terminate such Affiliates, iPAYworld.com reserves the right to do so.
You will be found in violation of this policy if you send unsolicited mailings
using any portion/feature of the Software/Service including an Affiliate Link,
or if you allow your Affiliates to send unsolicited mailings. Violation of
this policy is terms for immediate termination and refusal of future use.
iPAYworld.com strictly
prohibits harassment, whether through language, frequency, or size of
messages. Forging of header information is not permitted.
iPAYworld.com does not
allow remote posting to the subscriber database by 3rd Party List generator
such including but not limited to co-registration services.
iPAYworld.com does not
allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to
persons who have otherwise not requested to receive such mail. Please note
that this includes FFA page submission lists, or any other bulk list of
recipients that have not specifically asked to receive email from you,
including, but not limited to: sending unsolicited commercial email, sending
any message to a recipient who did not request it, cross-posting messages to a
large number of newsgroups or discussion groups, using a iPAYworld.com account
in association with any FFA pages, safe lists or mass distribution resources.
If you violate this policy you will be subject to the following actions:
- Your account will
immediately be terminated without notice and without any refund.
- You will lose all
access to your account and databases and will have no opportunity to
retrieve any data from your existing contacts.
- You will be charged a
$50 administrative fee for every SPAM complaint we receive.
- You will be reported
to online anti-spam organizations, your own ISP, and the legal authorities
for possible prosecution.
- You will be held
financially responsible for any damages incurred to the iPAYworld.com
service as a result of your violation of the SPAM policy, including, but not
limited to, loss of web host, transferring fees, damages for lost clientele,
and lost fees for "downtime" due to spam complaints.
This agreement also
strictly prohibits you from using autoresponders as a default email addresses
for any of your iPAYworld.com account settings. This includes your Merchant
Account Settings, your Affiliate Account Settings, and your Default Email
Settings. The use of an autoresponder for one of these will cause problems
with our system and will be grounds for suspension of your account, without
warning, until the matter is resolved.
TECHNICAL SUPPORT:
iPAYworld.com offers free incident-based support to resolve installation
issues, product usage, and troubleshooting. iPAYworld.com will supply
technical support via email as it pertains to the iPAYworld.com Software
Service. Integration of Products and maintaining the integrity of the
integration is the responsibility of the Licensee.
Upon receipt of the support request, a iPAYworld.com support technician
will identify the nature of the reported problem and suggest a proper course
of action. This may include a referral to the product documentation, Help
Files or Frequently Asked Question (FAQ) lists on the iPAYworld.com web
site. If the problem is identified as being either a third party module issue
or an ISP/IHP issue, iPAYworld.com Support will refer the merchant to the
appropriate source for a solution.
DATA STORAGE:
The software and data for the iPAYworld.com Software will be hosted on
iPAYworld.com servers. iPAYworld.com.com does not warrant that your use of the
Product will be uninterrupted or that the operation of the Product will be
error-free or secure. In addition, the security mechanisms implemented by
iPAYworld.com have inherent limitations, and you must determine that the
Service sufficiently meets your requirements.
While iPAYworld.com shall make every reasonable effort to protect and backup
data for Licensee on a regular basis, iPAYworld.com is not responsible for
Licensee's data residing on iPAYworld.com's servers. Licensee is responsible
for making and keeping current copies of Members and their related
information. Licensee is responsible for all use of Licensee account and
confidentiality of Licensee password and information.
DATABASE USAGE :
Standard accounts are limited to 10,000 database records for a low monthly
fee of $19.95. Additional database records added to your account will be
billed at just $10 per 10,000 additional records (rounded up to the nearest
10,000).
DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION
iPAYworld.com will utilize its best efforts to maintain acceptable performance
of services, but iPAYworld.com makes absolutely no warranties whatsoever,
express or implied, including warranty of merchantability or fitness for a
particular purpose. iPAYworld.com cannot guarantee continuous service, service
at any particular time, or integrity of data stored or transmitted via its
system or via the Internet.
iPAYworld.com will not be liable for the inadvertent disclosure of, corruption
or erasure of data transmitted or received or stored on its system.
iPAYworld.com shall not be liable to Licensee or any of its customers for any
claims or damages which may be suffered by Licensee or its customers,
including, but not limited to, losses or damages of any and every nature,
resulting from the loss of data, inability to access the Software, or
inability to transmit or receive information, caused by, or resulting from,
delays, non-deliveries, or service interruptions whether or not caused by the
fault or negligence of iPAYworld.com.
Licensee agrees that it shall defend, indemnify, save and hold harmless from
any and all demands, liabilities, losses, costs, claims, including reasonable
attorney's fees, ('Liabilities') against iPAYworld.com, its agents, its
customers, servants, officers, or employees, that may arise or result from any
services provided, performed or agreed to be performed or any product sold by
Licensee, its agents, employees or assigns.
Licensee agrees to defend, indemnify and hold harmless iPAYworld.com against
Liabilities arising out of any injury to person or property caused by any
products sold or distributed in connection with iPAYworld.com's server; and
material supplied by Licensee infringing or allegedly infringing on the
proprietary rights of a third party; copyright infringement and any defective
product which Customer sold on iPAYworld.com's Server. As a result of
this, Licensee agrees that iPAYworld.com shall not be liable to Licensee for
any claims of actual, compensatory and/or consequential damages which may be
suffered by Licensee, including, but not limited to, losses or damages due to
the loss data resulting from delays, non deliveries, or service interruptions
caused by the fault or negligence of iPAYworld.com.
Notwithstanding the above mentioned, Licensee's exclusive remedies, damages,
losses and causes of actions shall not exceed the aggregate dollar amount
which Licensee paid during the term of this Agreement. These terms and
agreements may be changed without any prior notice.
HIGH RESOURCE POLICY:
While iPAYworld.com has no pre-set limits on email bandwidth and usage, any
user that is deemed as impairing the performance of our servers either by high
disk utilization, high bandwidth usage, or high CPU usage will be entered into
our "High Resource Customer" program. High Resource users are users that use
an excessive amount of system resources such as bandwidth, storage or CPU
utilization. It is iPAYworld.com's sole digression to decide which users are
"High Resource" users.
Users who have been
deemed as a "High Resource Customer" will be subject to the following:
iPAYworld.com will
charge your credit card on file $300.00 as a security deposit per occurrence
of our HRP or violation of any of our rules. If the violation is deemed to be
an "honest mistake" and the situation is corrected within 30 days, the $300
will be refunded. Otherwise, your account will be closed and no refunds will
be given.
iPAYworld.com's Services May Only be Used for Lawful Purposes:
Transmission, distribution, or storage of any information, data or
material in violation of United States or state regulation or law, or by the
common law, is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or any other statute.
iPAYworld.com reserves
the right to remove such illegal material from its server immediately.
iPAYworld.com expressly forbids anyone from using iPAYworld.com's servers for
the propagation, distribution, housing, processing, storing, or otherwise
handling in any way lewd, obscene, or pornographic material, satanic material,
or any other material which we deem to be objectionable. The designation of
any materials as such described above is left entirely to the discretion of
the Web Hosting Network management.
Unlawful and/or Unethical Use:
iPAYworld.com does NOT allow users that provide points of distribution, or
links to the following types of sites:
- Adult Sites - Any
erotic or pornographic material, links to adults sites, or advertisements
for adult sites.
- Pirated Software (Warez)
- Any software that is copyrighted and not freely available for distribution
without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and
DVD Videos.
- Hacking / Phreaking -
Includes sites with material, links, or resources for Hacking, Phreaking,
Viruses, Anarchy, or any type of site that promotes the destruction or
compromises the integrity of Web Hosting Network.
iPAYworld.com Services are Intended for the End User Only:
Customers cannot sublease, subhost, or give away control of any portion of
iPAYworld.com's Network's resources. For customers who do wish to sublease the
service, iPAYworld.com offers a very competitive partner program.
Payment Policies:
All accounts are setup automatically and billed in real time. Confirmation
emails should arrive within 15 minutes to the email specified in your online
signup form.
iPAYworld.com may run a
transaction at least 5 days in advance to anticipate a declined credit card.
This will give the customer at least 4 days from the due date to run the
transaction. If the transaction is run at least 3 times, and the client fails
to update the credit card, the account will be suspended and or terminated
without further notice.
In some cases if a
problem arises with the account, the user will be notified via e-mail.
All new accounts are
billed on a prepay basis every 30 days, and will be charged automatically to
the card number on file. If for any reason the card does not clear with the
bank on three attempts, the account is subject to suspension. Any account not
brought current within a week of e-mail notice or exceeding this time frame in
any way is subject to suspension. If a bank 'charge back' is processed against
our account, the account in question will be terminated immediately.
The customer is
responsible to keep credit card on file up to date which includes the
expiration date, and sufficient funds to cover account fees. All credit cards
run though merchant account and are declined for any reason are charged a $20
reactivation fee. iPAYworld.com accepts Visa, MasterCard, American Express &
Discover cards.
In the event the credit
card does not clear with the bank, the customer will be notified by e-mail.
Past due accounts that are not brought current within 5 days of the e-mail
notice are subject to suspension and possible account termination.
At no time will
iPAYworld.com allow an account to be operational past the last day of the
pre-paid date of services. If user fails to update the account information,
iPAYworld.com will suspend the account without further notice and consider the
account closed. Service fees do accrue during any period of suspension.
Cancellation:
iPAYworld.com reserves the right to cancel service at any time. All fees
paid in advance of cancellation will be pro-rated and paid by iPAYworld.com if
iPAYworld.com institutes its right of cancellation. Refunds will be issued
within 2 billing cycles on the same credit card used at signup.
If cancellation is
caused by customers violation of these policies, then no refund will be
disbursed.
Customers can cancel
service any time. Accounts can be cancelled by the account holder at any time
via the Support Tab inside your account or by contacting our Billing
Department. This must be done by the credit card holder. The account will
remain active until the end of the current billing period, and no refunds will
be given for any reason.
* iPAYworld.com reserves
the right to revise its policies at any time without prior notification.
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