Terms of service
BANKCARD SERVICES IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES. 1. Overview. The following agreement ("Agreement") is entered into between you ("Customer" or "You") and BankCard Services, Inc. ("BankCard Services"), a California corporation having a business located at 21281 S. Western Avenue, Los Angeles, CA 90501 and is made effective on the date of electronic acceptance. This agreement sets forth the terms and conditions that govern your use of this website and the products and services (collectively, the "Services") found at this site, and is in addition to, not in lieu, of any specific terms and conditions that apply to your purchase of a particular Service. In the event that you provide a purchase order or other ordering document to facilitate your purchase, the document is incorporated by reference only to the extent that it identifies the Services to be purchased, and all other terms and conditions included in such document are hereby rejected by BankCard Services. Your acceptance and/or use of the Services signifies that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement as well as any policies posted on this website and that by such acceptance and/or use of the Services you agree that any previous agreements between you and BankCard Services will be terminated and superseded by this Agreement. You acknowledge and agree that BankCard Services' acceptance of this Agreement and the provision of Services are performed at BankCard Services' offices in Torrance, California, USA. BankCard Services, in its sole discretion, may refuse to provide the Services to any one at any time and for any reason. If BankCard Services exercises this right, BankCard Services will not charge you for the Services and/or refund you for the amounts paid for the Services during the month that BankCard Services invokes its right to deny Service. BankCard Services, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or Service Specific Terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our advising you of such changes or modifications (ii) your acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Last Revised" date at the top of this page or (iii) your continued use of the Services after BankCard Services posts the amended Agreement to BankCard Services.com. BankCard Services may offer a mobile application that allows you to access your online store through your mobile device. If you access your online store via a mobile application, you agree that all the terms of this Agreement shall govern such access. Your use of any mobile application shall also be governed by a separate Licensed Application End User License Agreement. 2. Eligibility, Account Ownership The Services found at this site are available only to Customers who can form legally binding contracts under applicable law. By using the Services found at this site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law. You further represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom BankCard Services is legally prohibited to provide Services. 3. Dispute of Site or Account Ownership The entity or person creating the account and designated as the owner shall be deemed the account owner. For security reasons, only the account owner or designee of the account owner shall be allowed to make changes or cancellations. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account. BankCard Services is not obligated to and will not resolve any such disputes. If multiple persons are claiming ownership of or rights in a site, store or account, and, in BankCard Services’ sole judgment, there is no certainty as to the ownership of or rights in said site or account, then BankCard Services will notify said persons of the dispute and demand that said persons promptly and conclusively resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves BankCard Services of all liability concerning the dispute. If the disputing parties fail to resolve the dispute, then BankCard Services may suspend or terminate the account until such dispute is resolved and a clear and rightful owner is specified. To transfer ownership of an account, Customer must contact BankCard Services and comply with any instructions. 4. Recommendations BANKCARD SERVICES MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THIRD PARTY PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM BANKCARD SERVICES, INCLUDING THE COMPATIBILITY OF SUCH PRODUCTS AND SERVICES WITH BANKCARD SERVICES SOFTWARE. Your use of any such products and services is governed by the terms of your agreement with the provider of those products and services. 5. Software Updates Periodically, BankCard Services may update the software associated with a Service for many reasons, including but not limited to, (a) maintain PCI compliance (b) fix bugs or problems in previous versions and/or (c) enhance functionality or features. BankCard Services makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. 6. Use of Customer's Name and Trademarks Customer hereby grants BankCard Services a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, and service marks (collectively, "Customer's Marks") as are listed for User Content or otherwise provided to BankCard Services in connection with this Agreement (a) on BankCard Services’ own Websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing BankCard Services’ Services, and, (c) in applications reasonably necessary. Customer may use BankCard Services’ trade name, trademarks, and service marks (collectively, "BankCard Services’ Marks") in advertising and publicity in conjunction with the offering of User Content via BankCard Services, provided that Customer shall submit copy to BankCard Services for its prior written approval. 7. Use of User Content Some of the features of this website or Services may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content (hereby "User Content"). By providing User Content to BankCard Services via any method, you warrant to BankCard Services that (i) you have all necessary rights to distribute User Content via this website, either because you are the author of the User Content or because you have the appropriate distribution rights, licenses, or consents from the owner of the User Content, and (ii) you do not violate the rights of any third party. You shall be solely responsible for any and all of your User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. BankCard Services shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to BankCard Services by any method, and shall be entitled to the unrestricted use and dissemination of any User Submissions provided for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. 8. Sublicense Customer may not sublicense or resell any of BankCard Services’ Services to any third parties without the prior written permission of BankCard Services. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement. 9. Fees and Payment A. Fees. In consideration of the Services, Customer will pay to BankCard Services all fees due according to the prices and terms designated. All sales are final and BankCard Services offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted. BankCard Services reserves the right to change or modify its prices and fees at any time without need for further notice to you. B. Payment. Services will not begin until payment is received. It is Customer's obligation to review all monthly charges for accuracy. Failure to dispute a charge shall constitute Customer's agreement that all charges are valid and Customer agrees to waive any claims. If a payment is returned or rejected by BankCard Services’ bank, or incurs additional costs for BankCard Services, then Customer may be charged a service fee. If Customer defaults, Customer agrees to pay BankCard Services its reasonable expenses, including attorney and collection agency fees incurred. C. Billing Policies and Cycles. We offer billing via credit card or debit card charge only. All initial fees must be paid prior to service setup. These fees may include service setup fees and first month service charge. Our billing cycle begins on the day we setup your account, and is due on that day each month thereafter. Accounts suspended and reactivated must pay all past due and current amounts as well as a reactivation fee. To cancel your account, you must follow the procedure in Section 18. D. Taxes. All fees charged by BankCard Services for the Services are exclusive of all taxes and similar fees in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for taxes based on BankCard Services’ net income. 10. Acceptable Use Policy A. Acceptable Use Policy. BankCard Services maintains on its Website BankCard Services’ then-current Acceptable Use Policy ("AUP"). Customer agrees to abide by the AUP. BankCard Services may modify its AUP at any time, and shall post the then-current AUP on BankCard Services’ Website, which will be effective upon posting. B. End Users to Comply with AUP. Customer acknowledges that BankCard Services may terminate an end user's access to Customer's Website for noncompliance with BankCard Services’ AUP. BankCard Services may thus terminate such end user's access to Customer's Content even if the end user has not violated Customer's own terms and conditions of use of its Website. BankCard Services acknowledges that Customer may terminate a User's access to Customer's Content for noncompliance with Customer's terms and conditions. 11. Security Customer acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Services is to allow end users easy access to Customer's Content. BankCard Services will take those precautions BankCard Services deems reasonable in its sole discretion to secure Customer's Website from attack, but BankCard Services makes no warranty that there will be no outages or interruptions of service, or that Customer's Content will be secure against attack of any form by end users or other third parties. 12. PCI Guidelines BankCard Services provides a framework to its customers which is CISP certified under optimal security settings. However, if a BankCard Services customer chooses to utilize the software other than as intended, utilize third party services or software, fail to install a SSL Certificate, or otherwise combine the software with software not approved by BankCard Services (each a “Customer Fail Point”), Customer may fail to comply with the minimum PCI standards regardless of BankCard Services’ certification. Therefore, if a BankCard Services customer chooses to engage in one or more Customer Fail Points, that customer assumes all liability for their actions and the inherent risk associated with viewing, processing, storing or transmitting credit card information and agrees to indemnify BankCard Services of any costs, claims or damages associated with such risk. BankCard Services will not be responsible for any such risk or liability regardless of the security settings. Further, if a merchant chooses to view credit card information, they are certifying that they understand and are following all PCI guidelines for viewing credit card information. These guidelines can be found at Visa's website: PCI Overview If a merchant does not follow all of the PCI guidelines when viewing credit card information, that merchant is in breach of their contract with BankCard Services and possibly Visa/MasterCard/Discover/American Express. You agree to indemnify and hold BankCard Services harmless from any and all claims, costs or damages associated with your failure to follow PCI guidelines. Regardless of any Customer Fail Point, a customer must comply with the PCI DSS and assume liability applicable to PCI DSS. In addition, per PCI guidelines, stores must use a strong security protocol such as SSL to safeguard sensitive cardholder data over networks. At its discretion, BankCard Services reserves the right to change the security settings of any merchant at any time with or without warning and to suspend or terminate any merchant that is suspected or proven to be in violation of minimum PCI guidelines. 13. Prohibited Practices BankCard Services shall have no duty or obligation to monitor Customer's Content or any other Content provided or distributed by others, and BankCard Services shall not edit or otherwise exercise any control over Customer's Content. Nevertheless, BankCard Services may, in its sole discretion at any time, without notice to and liability to Customer, remove or terminate the hosting of any of Customer's Content that BankCard Services deems to be offensive or illegal, such as: (i) the content violates the laws of the state where the server resides illegal or sexually explicit Content or activities, or any Content that allegedly violates the law or regulations of any country (ii) the content constitutes harassment of Users or (iii) Customer's refusal with or material breach of any of the terms and conditions of the AUP or this Agreement or (iv) claims made by third parties against BankCard Services that Customer or any of its end users has engaged in one or more of the above practices. 14. No Solicitation Customer agrees they will NOT approach any employees of BankCard Services and its affiliates with proposals to hire them as own employees or contractors. If you were to hire any of BankCard Services’ employees, you agree to pay BankCard Services for each employee hired the amount of three (3) years' salary for that employee or up to $200,000. 15. Customer's Indemnification Customer shall indemnify and hold harmless BankCard Services from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees and fees attributable to in house legal personnel, arising from or relating to Customer's provision, or an end user's use of Customer's Content, or any act, error, or omission of Customer in connection therewith, including or violation of any applicable law. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. 16. DISCLAIMER OF WARRANTIES CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". BANKCARD SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BANKCARD SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ABILITY OF THE SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (III) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND BANKCARD SERVICES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY BANKCARD SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (I) CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE. YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 17. LIMITATION OF LIABILITY BANKCARD SERVICES ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, LOST REVENUE OR PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF BANKCARD SERVICES IS AWARE OF THE POSSIBILITY THEREOF. BANKCARD SERVICES SHALL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. 18. Term and Termination. For security reasons, BankCard Services requires that you authenticate any cancellation, including paying the stated termination fee where applicable. Failure to do so will result in the cancellation request not being processed and you will be liable for all recurring fees until such authentication is complete. PLEASE NOTE that a cancellation of a particular Service may not cancel all Services associated with your account. BankCard Services may terminate this Agreement and/or your right to access and use the Service, in whole or in part, at any time and for any reason. BankCard Services also reserves the right to immediately terminate this Agreement and/or your right to access and use the Service, in whole or in part, if BankCard Services finds that you have been abusive to BankCard Services employees. Upon expiration or effective termination of the Service by either party for any reason, (a) BankCard Services will cease providing the Service, (b) you will not be entitled to any refunds of any usage fees or any other fees, unless BankCard Services terminates Service without cause, (c) any outstanding balance for your usage of the Service through the effective date of such termination or expiration will be immediately due and payable in full. 19. No Assignment by Customer Customer may not assign this Agreement without the prior written consent of BankCard Services. Any attempt by Customer to assign this Agreement without prior written permission shall be deemed null and void. BankCard Services may assign this Agreement, which shall be effective upon written notice provided to Customer. 20. No Third-Party Beneficiaries Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 21. Notices of Trademark and Copyright Infringement BankCard Services supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to BankCard Services’ Trademark and/or Copyright Infringement Policy below. To cover the increasing cost of processing abuse claims, BankCard Services reserves the right to charge Customer a processing fee for each instance of notification received from a legitimate copyright holder. BankCard Services reserves the right to suspend or terminate any Services if, upon notification, Customer fails to comply with a legitimate infringement claim within a specified time. 22. Proprietary Rights Notice The Service, which includes but is not limited to, all intellectual property rights in the Service are, and shall remain, the property of BankCard Services or its licensor (as applicable). All rights not expressly granted to you in this Agreement are hereby expressly reserved and retained by BankCard Services and its licensors (as applicable). You shall not (nor a third party to): (a) use the Service outside of the scope of the limited license herein granted, including but not limited to use for the sole purpose of obtaining a competitive advantage against BankCard Services (b) sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from, to the Service (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of BankCard Services (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with BankCard Services (or any of its affiliates or licensors) (e) reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the Service, in any manner, except as permitted by applicable law or (f) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service. 23. Notices (i) Any notice or other communication ("Notice") required or permitted under this Agreement shall be in writing and either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested, to the address listed above in this Agreement, for BankCard Services or the address provided in the application form submitted with the payment for Customer (ii) a Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by facsimile shall be deemed given when transmitted, provided that confirmation of that transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty eight (48) hours after it is mailed. The time period shall commence only when all of the required Notices have been deemed given (iii) either party may designate, by Notice to the other, substitute addresses, addressees or facsimile numbers for Notices. 24. Miscellaneous Except for disputes governed by the Uniform Domain Name Resolution Policy, the laws of the State of California shall govern the validity and construction of this Agreement and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict of laws and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to) the jurisdiction and venue of the federal and state courts of in Los Angles County, California, USA. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. The parties specifically exclude from application to this Agreement from the United Nations Convention on Contracts for the International Sale of Goods. If a ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement. Then, this Agreement shall be construed as if the invalid or illegal provision had been amended to the extent necessary to be enforceable within the jurisdiction of the court ruling and to preserve the original transactions to the greatest extent possible. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and there are no promises, warranties, or understandings other than those contained in this Agreement. It is expressly agreed that the terms of any purchase order issued by Customer regarding the Services provided under this Agreement shall not be applicable and that any acceptance of such shall be for acknowledgment purposes only. Failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver, covenant, or condition or of any other term or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder shall not be deemed a waiver or relinquishment of that right or power at any other time. The remedies set forth in this Agreement are cumulative and additional to any other remedies allowed by law. 25. Additional Service Specific Terms In addition to the general Terms of Service above, you also agree to be bound by the additional service specific terms applicable to the Services you purchase and/or use. The following Service Specific Terms and Policies are hereby incorporated by reference and will be binding upon the parties. E-Commerce/Hosting Services E-Commerce License BankCard Services grants you a limited, non-exclusive license to use the e-commerce solution as defined by the package you have selected for the sole purpose of operating an online store. All rights not expressly granted are hereby reserved by BankCard Services. Hosting Services BankCard Services shall provide storage for the Software and content of Customer's Website and make it available for end-users to access (the "Hosting Services"). Customer will be allocated the disk space and SQL disk space as designated in the plan purchased. Should Customer use more than the designated disk space, BankCard Services reserves the right to charge an Overage fee at then current list price. Disk space overages shall be calculated by using a daily average over a monthly period. Should Customer use more than the designated SQL disk space, BankCard Services reserves the right to clean SQL tables and charge Customer for such service, require Customer clean tables or otherwise reduce space usage, or charge a fee for such overage. BankCard Services, in its sole discretion, may select to take any or all of the above actions however it has no obligation to take any of the above actions. The servers used to provide the Hosting Services are physically located in the United States of America and as such all content will be subject to the laws thereof. You agree BankCard Services has no control of availability of the Hosting Services on a continuous or uninterrupted basis. BankCard Services makes no warranty that the Hosting Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property. You further agree that as a normal course of its business, it may be necessary for BankCard Services to migrate its servers. As a result, You may be assigned a different IP number. BankCard Services does not warrant that you will be able to consistently maintain Your given IP numbers. Burst Capacity From time to time your site may be subject to an event expected to cause a significant spike in traffic. BankCard Services reserves the right, but not the obligation to quarantine your site or use other necessary techniques to protect other customers from being affected in such an event. BankCard Services encourages you to provide advanced notice of such planned events to us so that we can create a response plan to minimize the effect on your site. Service Level Warranty BankCard Services warrants that the network will be available 99.9% of the time in a given month. This service level warranty shall not apply to performance issues: (1) to the extent caused by factors outside of BankCard Services’ reasonable control (2) that resulted from any actions or inactions of Customer or any third parties not affiliated with BankCard Services, for example a DDOS attack on Customer's site or another customer's site hosted on the same server (3) that resulted from Customer's equipment and/or third party equipment (4) that resulted from software related issues or (5) that are scheduled by BankCard Services for purposes of maintaining or updating the Website or the Software. The network availability measurement expressly excludes downtime caused by (1)-(5) above. Subject to Section 17 of this Agreement, if you experience Network Downtime above and beyond the 99.9% availability, upon request BankCard Services will refund a customer appropriately. Network Downtime is measured from the time the trouble ticket is opened by the customer to the time the server is once again able to transmit and receive data. If Customer fails to comply with this requirement, Customer forfeits its right to a receive service credit. Website Content You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, data, information and/or materials on, within, displayed, linked or transmitted to, from, or through your website. Your website content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services. Apart from anything in this Agreement to the contrary, in no event shall your website violate BankCard Services’ AUP or consist of pages containing any of the following types of content: 1. Pornographic, obscene, or excessively profane content 2. Content intended to advocate or advance computer hacking or cracking 3. Gambling 4. Illegal activity 5. Drug paraphernalia or 6. Hate, violence or racial or ethnic intolerance. Information Shared with Partners As a condition of purchasing and using the Hosting Services, you acknowledge and agree BankCard Services may provide your personal information to their partners, as required to provide the plans for which you are purchasing. Your Obligations You acknowledge and agree BankCard Services shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by BankCard Services pursuant to such justification. You acknowledge and agree that you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses, you acknowledge and agree BankCard Services shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers. You represent and warrant to BankCard Services that: I. Your Content shall not contain any content, materials, data, work, trade mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation II. Infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person III. That you own your website content and all proprietary or intellectual property rights or have express written authorization from the owner to copy, use and display the content on and within your website. You also warrant that the website being hosted by BankCard Services will not be used in connection with any illegal activity. Server hacking or other perpetration of security breaches is prohibited and BankCard Services reserves the right to remove sites containing information about hacking or links to such information. BankCard Services prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by BankCard Services. You agree BankCard Services reserves the right to remove your website temporarily or permanently from its servers if BankCard Services. BankCard Services prohibits the running of a public recursive DNS service on any BankCard Services server. BankCard Services actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction. Storage and Security At all times, you shall bear full risk of loss and damage to your website and all of your website 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 website content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: 1. Prevent any loss or damage to your website content 2. Maintain independent archival and backup copies of your website content 3. Ensure the security, confidentiality and integrity of all your website content transmitted through or stored on BankCard Services servers and 4. Ensure the confidentiality of your password. You are solely responsible for the backup of your content. BankCard Services shall have no liability to you or any other person for your use of the Hosting Services in violation of these terms or any applicable law or regulation. You shall at all times use the Hosting Services as a conventional and/or traditional website. You shall not use the Hosting Service in any way that shall impair the functioning or operation of BankCard Services’ Services or equipment. You acknowledge and agree that BankCard Services has the right to carry out a forensic examination in the event of a compromise to your server or account. In the event you terminate or move your website off of the BankCard Services hosting servers it is your responsibility. BankCard Services will not transfer or FTP your website to another provider. If your use of Services is terminated, BankCard Services will not transfer or manage your Services or your website content. Third-Party Software Additionally, in the event you elect to install or seek assistance from BankCard Services in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant you have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless BankCard Services and its employees, officers and directors for, from and against any and all claims brought against BankCard Services and its employees, officers and directors by a third-party alleging software infringes. Suspension of Hosting Services BankCard Services may suspend Services without liability if: (i) we reasonably believe that the Hosting Services are being used in violation of this Agreement or our Policies (ii) you don't cooperate with our reasonable investigation of any suspected violation of this Agreement or our Policies (iii) there is an attack on your hosted system or your hosted system is accessed or manipulated by a third party without your consent, (iv) we are required by law, or a regulatory or government body to suspend your Hosting Services or (v) there is another event for which we reasonably believe that the suspension of Services is necessary to protect the BankCard Services network or our other customers. We will use commercially reasonable efforts to give you advance notice of a suspension under this paragraph of at least twelve (12) business hours unless we determine in our sole discretion that a suspension on shorter or contemporaneous notice is necessary to protect BankCard Services or its other customers from imminent and significant operational, legal or security risk. Website Vulnerability If your website is the target of a DDoS or other attack, you consent to BankCard Services performing mitigation procedures with or without notice to you and without liability for any delay, disruption or interruption of service. Such procedures may include, but are not limited to, taking your website offline in order to isolate your website in a quarantine server, implementing ACL (access control lists), IP filtering, IP blocking, or any other mitigation techniques necessary to block the DDoS or other attack. Further, these techniques will remain in place until your website experiences at least 48 hours of continuous non-malicious, "normal" traffic. If your website is moved to a quarantine Server, it will remain there for a minimum of 48 hours. BankCard Services will evaluate all traffic targeting your merchant website. If any traffic targeting your merchant website is deemed to be malicious, in BankCard Services’ sole discretion, your website will remain on said quarantine Server until it experiences 48 hours of continuous non-malicious traffic. No Guarantee of Registration or Renewal As a domain name registrar, BankCard Services is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful. You acknowledge and agree that BankCard Services does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that BankCard Services cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that BankCard Services is not responsible for any inaccuracies or errors in the domain name registration or renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that BankCard Services may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that BankCard Services is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. Your Representations By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party (c) you are not registering the domain name for an unlawful purpose and (d) you will not use the domain name in violation of any applicable laws, regulations, or BankCard Services’ rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights. Domain Name Registrant When registering a domain name with us, you will be asked to designate a registrant for the domain name. The registrant of a domain name possesses all rights granted by BankCard Services under this Agreement to act with respect to that domain name and any other services obtained from BankCard Services for use with that domain name. These rights include (but are not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services. IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE BANKCARD SERVICES SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING THE TRANSFER. Fees, Service Term, Renewal Reminders Each domain name registration is for a one-year initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process. Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and the registry administrator's acceptance of such renewal. You acknowledge that you assume all risk and all consequences if you wait until close to or after the end of a Service term to attempt to renew such Service. If a Service is not successfully renewed prior to the expiration of its then-current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. Specifically, with respect to domain names, you acknowledge and agree that BankCard Services may, upon expiration or termination, elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of a third party, (iii) sell the domain name or (iv) otherwise make such domain name available to third parties. Any expired gTLD domain name that is not sold, renewed or otherwise made available to a third party will generally be deleted between 35 and 45 days from the expiration date. Upon expiration of a domain name registration, BankCard Services may elect, at its sole discretion, to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, BankCard Services’ Website. Your Obligations You are solely responsible for the credit card and billing contact information you, your agents or Point of Contact provide to BankCard Services and you acknowledge and agree that you will promptly inform BankCard Services of any changes thereto. You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. BANKCARD SERVICES SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. This is in addition to any other limitations of liability set forth in this Agreement. Information and Its Use You hereby acknowledge and agree that, in connection with your use of certain of BankCard Services’ Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. In addition to such other information that BankCard Services may require you to provide in order to obtain the Services, BankCard Services requires that you submit the following information in connection with domain name registration, administration and renewal services. Your full name (or the name of the entity and authorized contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available The domain name being registered The name, postal address, email address, voice telephone number, and where available, fax number for the registrant, administrative contact, and technical contact and billing contact for the domain name registration. Additional Information Maintained In addition to the information you provide, we maintain records relating to any domain name application received by BankCard Services, as well as any domain name registered through, administered, or renewed by BankCard Services. We also maintain records relating to other Services that we provide to you. Accurate Data In the event that (i) in applying for Service(s) or the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. You acknowledge and agree that willfully providing inaccurate information or willfully failing to update such promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your domain name registration or Service(s). You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by BankCard Services concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your domain name registration. You agree that BankCard Services (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account and you agree that BankCard Services may use such changed information for all purposes in connection with your account. Disclosure and Use of Information You acknowledge and agree that BankCard Services may make available information you provide or that we otherwise maintain, to such public or private third parties as applicable laws require or permit, including, but not limited to, making publicly available, or directly available, some or all of such information: (i) for inspection by law enforcement officials (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid (iii) in connection with the sale of all or certain of our assets (iv) to enforce or apply the terms of this Agreement and (v) to protect the rights, property, or safety of BankCard Services, our users, or others, during or after the term of your use of the Service. You further acknowledge and agree that BankCard Services may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection or for targeted marketing and other purposes as required or permitted by applicable laws. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. BankCard Services will take reasonable precautions to protect the information it obtains from you from our loss however, BankCard Services will have no liability to you or any third party provided that such reasonable precautions are taken. Transfers Agents and Licenses You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with us, or at any time after its expiration date unless the domain name is renewed with BankCard Services prior to initiation of the transfer of registrar. You agree that, if you are using the Services for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service(s) (b) obtained that third party's express consent to purchase the Service(s) on its behalf and (c) the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the UDRP. You accept liability for harm caused by wrongful use of the Services. You agree that if you license the use of a domain name or other Service registered in your name to a third party, you nonetheless remain the Service holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name registration or Service. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name registration, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm. System Performance Degradation BankCard Services depends upon its own and third party, computer systems to provide the Services and to provide timely information to BankCard Services’ customer service team. BankCard Services will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. BankCard Services further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic. Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in BankCard Services’ absolute discretion. Suspension, Cancellation, Transfer or Modification of Service(s) You acknowledge and agree that BankCard Services may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in BankCard Services’ sole discretion and without notice to you. You also acknowledge and agree that BankCard Services shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, BankCard Services may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by BankCard Services, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by BankCard Services, (e) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (f) if you use a domain name in connection with unlawful activity. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including BankCard Services) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that BankCard Services shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as BankCard Services receives what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration. Domain Name Disputes You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Reservation of Rights BankCard Services expressly reserves the right to deny, cancel, or transfer any registration that it deems necessary to protect the integrity and stability of the registry, to comply with any applicable laws, rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability on the part of BankCard Services as well as their affiliates, subsidiaries, and employees. BankCard Services reserves the right to freeze a domain name during resolution of a dispute. Design and Development Definitions "Software" means the BankCard Services eCommerce software, current release version, including any updates provided by BankCard Services, and BankCard Services’ proprietary technology and source code. "BankCard Services Technology" means any and all existing software, technology, know how, algorithms, procedures, techniques, and solutions associated with the use, design, development, testing, and distribution of the Custom Work Product and improvements to such existing software and related technology, which technology is owned by BankCard Services or its suppliers and used by BankCard Services in the development effort hereunder. "Intellectual Property" means intellectual property or proprietary rights, including but not limited to copyright rights, moral rights, patent rights (including patent applications and disclosures), rights of priority, mask work rights, and trade secret rights, recognized in any country or jurisdiction in the world. Acceptance The Deliverables shall be deemed to be accepted upon the earlier of (a) written notice by Customer to BankCard Services of such acceptance or (b) expiration of the time period for Customer's inspection without written notice to BankCard Services of material non-conformance. Customer shall not unreasonably withhold or delay acceptance. Ownership of User Content Customer acknowledges and agrees that (a) unless expressly stated elsewhere, BankCard Services has no proprietary, financial, or other interest in User Content (b) BankCard Services does not, by virtue of offering or hosting User Content, edit, distribute, market, sublicense, publish, or otherwise provide User Content to end users and (c) Customer is solely responsible for the information, data, graphics, text, quality, performance, and all other aspects of Users Content. Protection of Content Customer acknowledges and agrees that Customer is solely responsible for ensuring the integrity of the User Content. Although BankCard Services may, from time to time, provide data backup services, Customer is advised that BankCard Services is not an insurer and is in no way responsible for any damages resulting from the loss of User Content, regardless of the reason for such loss. Customer is solely responsible for backing up/archiving User Content. Grant of License Upon final and full payment of all fees, BankCard Services grants to Customer a limited, non exclusive, license to use, reproduce, display, and perform, works based upon BankCard Services Technology and all Intellectual Property rights contained on the designated domain. This license shall only extend to the extent necessary for the Customer to maintain a website while hosted with BankCard Services. BankCard Services’ Rights Software and all information provided by BankCard Services that is stored in and retrieved from databases maintained by or accessed through the BankCard Services platform, BankCard Services Technology, and all Intellectual Property rights contained therein are and will remain the sole and exclusive property of BankCard Services. BankCard Services’ Rights to User Content Customer grants to BankCard Services a non exclusive, worldwide, perpetual, royalty free license to reproduce, modify, display, perform, adapt, transmit, distribute, improve, and otherwise use User Content in connection with BankCard Services’ performance under this Agreement. Customer to Cooperate Customer will provide reasonable assistance and cooperation to BankCard Services to acquire, transfer, maintain, perfect, and/or enforce the Intellectual Property rights in the website (excluding content provided by Customer), including, but not limited to, execution of a formal assignment or such other documents as may be reasonably requested by BankCard Services. Customer hereby appoints the officers of BankCard Services as Customer's attorneys in fact to execute such documents on Customer's behalf for this purpose. Acceptable Use Policy BankCard Services not offer PPC Marketing Services to any site in violation of the BankCard Services AUP. BankCard Services retains the right to determine whether a site is in violation of the AUP in its sole discretion. Limitations on Email Services BankCard Services may provide some functions designed to filter unwanted email such as spam. You acknowledge that such filters are limited and may result in the capture of legitimate email as well as fail to capture some unwanted email. You further acknowledge that third party filtering systems may prevent the successful delivery of your messages. Backups BankCard Services is not responsible for the complete backup of your email. BankCard Services may perform routine data backups. BankCard Services does not warrant that the retrieval will be successful in recovering the item(s) desired. Failure to do so shall in no way wave Customer's obligation to pay for the retrieval services. Spam BankCard Services has a zero tolerance spam -also known as Unsolicited Commercial Email (UCE) - policy. BankCard Services does not permit spam being sent using BankCard Services mail servers. BankCard Services may actively monitor our mail servers for abuse. Any customer found to be using BankCard Services mail servers to send spam will be immediately cut-off from use without refund. Use of any mass email programs in conjunction with BankCard Services SMTP servers is strictly prohibited. Processing Fees To cover the increasing cost of processing spam claims, BankCard Services reserves the right to charge Customer a processing fee for each instance of notification received from recipient of Customer's email. BankCard Services reserves the right to suspend or terminate any Services if BankCard Services has a reasonable good faith belief that Customer is engaging in UCE or related activities. Content Privacy We respect your privacy. The content of your items is your confidential information and will be treated as such. We agree that our personnel will not view the content of your items except in the specific ways defined below. However, you agree that we may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that we may disclose message routing data to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you. Our Limited Rights to View and Use Your Content You agree that our personnel may view the content of your email and other items for the following purposes: i. as necessary to respond to your specific support request ii. to ensure that backups are being performed properly iii. ensure compliance with our requirements stated above iv. as appropriate to the exercise of our rights to use and disclose as required by law or court order and v. for Junk Mail, to improve our email filter. If we use third party vendors to help us provide Services to you, we may permit those vendors to view and use your email content for the same purposes described above, provided that the vendors are subject to confidentiality and privacy restrictions at least as stringent as those stated we provide. WE WILL NOT EMPLOY TECHNOLOGY TO READ YOUR EMAIL MESSAGES IN ORDER TO TARGET, DISPLAY OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES. SSL Certificates When purchasing an SSL Certificate, you are required to provide requested information in a timely manner in order to complete the purchase. If you fail to respond to our inquiries within 30 days or otherwise delay completion of the SSL Certificate process for 30 days or more, you agree that such order will be considered completed and will charge the non-refundable fee associated with such SSL Certificate. Should you wish to reinstate the SSL Certificate process after such time, you will need to place a new order and timely respond to all requirements. No credit for the completed order will be issued. In addition to the terms and conditions of this Agreement, you acknowledge that BankCard Services may provide the SSL Services through a third-party service provider, and accordingly, use of the SSL Services is subject to such service provider's acceptance of your application and your acceptance of their terms and conditions. Abuse, Trademark, Copyright Policies Whether you are the holder of a trademark, service mark, or copyright, BankCard Services is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims. Domain Name Dispute Claims Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a registered domain name. The UDRP covers domain names disputes this policy specifically excludes domain name disputes. To be considered effective, a notification of a claimed trademark violation must include the following information: - The trademark, service mark, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number. - The jurisdiction or geographical area to which the mark applies. - The name, post office address and telephone number of the owner of the mark identified above. - The goods and/or services covered by or offered under the mark identified above. - The date of first use of the mark identified above. - The date of first use in interstate commerce of the mark identified above. - A description of the manner in which the Complaining Party believes its mark is being infringed upon. - Sufficient evidence that the owner of the website that is claimed to be infringing is a BankCard Services customer. - The precise location of the infringing mark, including electronic mail address, etc. 2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, BankCard Services will initiate an investigation. While BankCard Services is investigating the claim, BankCard Services, without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party's written notification to the posting party, and/or if it is solely stored on a BankCard Services server, temporarily remove or deny access to the challenged material. 3. If BankCard Services concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's BankCard Services account and/or if it is solely stored on a BankCard Services server, deny access to the challenged material. If BankCard Services concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, BankCard Services will restore access to the challenged material subject to a valid court order. 4. The Complaining Party should understand that BankCard Services, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of BankCard Services and its customers to abide by it in the context of domain name disputes. Copyright Claims 1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, BankCard Services requests that the Complaining Party substantiate such claim by providing BankCard Services with the following information via mail to: BankCard Services, 21281 S. Western Avenue Torrance, CA 90501. To be considered effective, a notification of a claimed copyright infringement must be provided to BankCard Services and must include the following information: i. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works on that site. iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BankCard Services to locate the material. iv. Information reasonably sufficient to permit BankCard Services to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted. v. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. 2. For Copyright Claims, upon receipt of apt notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, BankCard Services will remove or disable access to the material that is claimed to be infringing. 3. If the Complaining Party provides BankCard Services with apt notification, pursuant to Section 1 of Copyright Claims above, then BankCard Services will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material. Counter Notification Policy Upon receipt of a Counter Notification as described in Section 1 above, BankCard Services shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. BankCard Services will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless BankCard Services first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on BankCard Services’ system or network. Processing Fees To cover the increasing cost of processing abuse claims, BankCard Services reserves the right to charge Customer a processing fee for each instance of notification received from a legitimate copyright holder. BankCard Services reserves the right to suspend or terminate any Services if, upon notification, Customer fails to comply with a legitimate infringement claim within the specified time. Civil Subpoena Policy BankCard Services’ Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on BankCard Services or one of its affiliates. Criminal Subpoena Policy BankCard Services’ Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on BankCard Services or one of its affiliates. Policies Regarding Email BankCard Services will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. BankCard Services’ e-mail servers do not retain deleted or sent e-mail.
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