Close Window Print

QUICK SHOPPING CART END USER LICENSE AGREEMENT
Live Net Now LLC
QUICK SHOPPING CART END USER LICENSE AGREEMENT

This Quick Shopping Cart End User License Agreement (“Agreement”) is by and between Live Net Now LLC (“ Live Net Now LLC ”), a/an AZ individual, and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Live Net Now LLC's Quick Shopping Cart Service (“Quick Shopping Cart”) and represents the entire Agreement between You and Live Net Now LLC. By using Live Net Now LLC's Quick Shopping Cart, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which Live Net Now LLC may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Live Net Now LLC, whether or not the transactions were in Your behalf. You acknowledge that Live Net Now LLC's acceptance of any application made by You for services provided by Live Net Now LLC will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.


1. FEES
As consideration for the Services purchased by You and provided to You by Live Net Now LLC, You agree to pay Live Net Now LLC a monthly or annual fee, depending on which payment plan You signed up for when You purchased Quick Shopping Cart. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You establish Your Quick Shopping Cart account with Live Net Now LLC unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual payment plan, and You elected the automatic renewal option, Live Net Now LLC will automatically renew Your service when it comes up for renewal and will take payment from the Payment Method You have on file with Live Net Now LLC, at Live Net Now LLC's then current rates. Payment is to be made by You providing either a valid credit card, an online check, or using “Good as Gold” to establish a cash reserve for charge by Live Net Now LLC (collectively, the “Payment Method”). Personal checks and money orders may only be used only to fund “Good As Gold” (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or service, and any money order that does not clear will result in a $25 processing fee. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason Live Net Now LLC is unable to charge Your Payment Method with the full amount of the Service provided, or if Live Net Now LLC is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Live Net Now LLC may pursue all available remedies in order to obtain payment. In the event that You exceed the scope of the Services as set forth in Your Agreement, You shall pay Live Net Now LLC for such additional service not within the scope of Your Agreement as specified. Live Net Now LLC reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Management page.

2. TERM, TERMINATION, MODIFICATIONS

Term

The term of this Agreement shall commence on the date You purchase the Quick Shopping Cart Service, and will continue in full force and effect as long as Live Net Now LLC is providing the Quick Shopping Cart Service to You.

Termination

You agree that You will be responsible for notifying Live Net Now LLC should You desire to terminate Your use of Live Net Now LLC ’s Quick Shopping Cart Service. Notification of Your intent to terminate must be provided to Live Net Now LLC no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, Live Net Now LLC will automatically continue providing access to the Quick Shopping Cart Service indefinitely and will charge the Payment Method You have on file with Live Net Now LLC, at Live Net Now LLC's then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. Live Net Now LLC reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of Quick Shopping Cart.

Modifications

You agree that Live Net Now LLC may modify this Agreement from time to time. Live Net Now LLC may also discontinue the Services it provides under this Agreement. You agree to be bound by any changes Live Net Now LLC may reasonably make to this Agreement when such changes become effective.


3. THE SERVICE

With Quick Shopping Cart, Live Net Now LLC will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of Live Net Now LLC's policies and procedures.

Quick Shopping Cart allows You to:

  1. add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront rendered as a domain (web site) or sub-domain;
  2. engage in the selling of physical and downloadable goods over the Internet;
  3. arrange for the collection of payment related to applicable tax and shipping fees;
  4. collect credit card and personal information for the purpose of conducting transactions;
  5. perform order management and processing activities; and
  6. generate business reports related to storefront business activity

Storefront Content

You shall be solely responsible for providing, updating, uploading and maintaining Your storefront and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your storefront, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Quick Shopping Cart.

Shared SSL Certificates

Any SSL certificate You purchase from Live Net Now LLC or its affiliates to use in conjunction with a shared hosting plan provided by Live Net Now LLC, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by Live Net Now LLC, Live Net Now LLC will generate and securely store a corresponding private key. For security reasons, at no time will Live Net Now LLC release Your private key, even if You request it. I f You wish to export Your SSL certificate for use on a non Live Net Now LLC hosting server, You will need to make a request to Live Net Now LLC no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosting account with Live Net Now LLC has been cancelled, You will have thirty (30) days to follow the Live Net Now LLC Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Availability of Services

Subject to the terms and conditions of this Agreement, Live Net Now LLC shall attempt to provide Quick Shopping Cart Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Quick Shopping Cart Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Live Net Now LLC may undertake from time to time; or (iii) causes beyond the control of Live Net Now LLC or which are not reasonably foreseeable by Live Net Now LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Live Net Now LLC has no control over the availability of Quick Shopping Cart Services on a continuous or uninterrupted basis.

Unlimited Product Catalog

You agree the performance of Your storefront may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree Live Net Now LLC has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.

4. YOUR OBLIGATIONS

By using the Quick Shopping Cart Service, You agree You are age 18 or over. The Quick Shopping Cart Service is available only to persons who can make legally binding contracts under applicable law.

You agree You have provided accurate, current and complete information in the application process and that You will notify Live Net Now LLC within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Live Net Now LLC to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Live Net Now LLC has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Live Net Now LLC has the absolute right, in its sole discretion, to terminate its Quick Shopping Cart Services and close Your account.

Intellectual Property

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in Quick Shopping Cart and all rights are reserved by Live Net Now LLC or its licensor . You agree the Quick Shopping Cart Service, the names and logos of Live Net Now LLC and all related product and service names, design marks and slogans, are the property of Live Net Now LLC and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of Live Net Now LLC. You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Live Net Now LLC. You affirmatively acknowledge Live Net Now LLC is relying on Your representation concerning Your proper use of all content on any web site You create or control. If Your web site includes GIF images and You are NOT using the Application, You must ensure Your GIF images are licensed by Unisys or were created with Unisys Authorized Software. Moving Your web site from one hosting server or provider to another is Your responsibility. Live Net Now LLC will not transfer or FTP Your Web site to another hosting provider.

Privacy

You agree to be bound by Live Net Now LLC's Privacy Policy in its dealings with customers and others. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement.

Product and Service Agreements

You agree to enter into any Third Party User Agreements necessary before You may use any of the Payment, Shipping, Tax Calculations or other options associated with the Quick Shopping Cart. You further agree to enter into any Live Net Now LLC and affiliate User Agreements required for the customization and operation of Your Quick Shopping Cart, including, but not limited to, agreements for domain registration, hosting, and products. Such Agreements may be found here

End Customer Payment and Taxes

You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the Quick Shopping Cart. It is Your responsibility to read and agree to all End User License Agreements required for use of Your selected Payment Methods and Tax options. Live Net Now LLC is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Live Net Now LLC's servers; and (iv) ensure the confidentiality of Your password. Live Net Now LLC's servers and hosting services are not an archive and Live Net Now LLC shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Live Net Now LLC, whereupon Live Net Now LLC shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. Live Net Now LLC will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Live Net Now LLC or another party due to someone else using Your account or password.

Server Resources

If You are hosting Your web site on Live Net Now LLC's servers, You are responsible for ensuring there is no excessive overloading on Live Net Now LLC's DNS or servers. You may not use Live Net Now LLC's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Live Net Now LLC reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Live Net Now LLC prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Live Net Now LLC. You agree Live Net Now LLC reserves the right to remove Your web site temporarily or permanently from its hosting servers if Live Net Now LLC is the recipient of activities that threaten the stability of its network.

Sample Terms and Conditions

Sample Terms and Conditions are provided for reference purposes only. Live Net Now LLC is not responsible for Your use of the sample terms and conditions -- You use them at Your own risk. The default terms and conditions provided through the Quick Shopping Cart Terms and Conditions page can be used with the following disclaimer: The descriptions and suggestions are not legal, tax or financial advice. Quick Shopping Cart does not guarantee to the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure Your terms and conditions are sufficient to meet Your needs, appropriate for Your jurisdiction and are legally binding on Your customers.


5. Live Net Now LLC ’S RIGHTS

Live Net Now LLC explicitly reserves the right and sole discretion to:

  1. modify its pricing through email notification;
  2. terminate Your Quick Shopping Cart Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not “opted-in”); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Quick Shopping Cart fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Live Net Now LLC determines to be harmful to its other customers, operations, or reputation;
  3. terminate Your Quick Shopping Cart Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against Live Net Now LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and
  4. terminate Your Service if You have not accessed or logged into it for ninety (90) days.
If Live Net Now LLC terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. Live Net Now LLC has no obligation to monitor Your Quick Shopping Cart Service, but reserves the right in its sole discretion to do so.

6. NO SOLICITATION

You agree You will NOT approach any employees of Live Net Now LLC and its affiliates with proposals to hire them as its own employees or contractors. If You were to hire any of Live Net Now LLC ’s employees, You agree to pay Live Net Now LLC for each employee hired the greater amount of three (3) years' salary for that employee as You are to pay such employee, or $200,000.


Revised: 7/27/2009
Copyright © 2004-2009 All Rights Reserved.