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MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
are a provider of various online services, and e-commerce functionality for websites engaging in e-commerce.
User service accounts, and other web site services on our Internet servers are
subject to compliance with the terms and conditions set forth below. Under the terms
of this agreement, your creation and usage of any account on MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
service servers
is an acknowledgement that you have read and understood this agreement, and
that you agree to be bound by the terms and conditions below. If you do not
wish to be bound by these terms and conditions, you should not proceed to create an account or register, or subscribe to
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs 's servers or to use our services in any way.
By proceeding to create or reconfigure an account, and clicking the "I agree to the
terms of service and wish to create or update my account" button on the MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
account creation/reconfiguration web page, or by accepting an Internet
consumer's order facilitated via MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs, you agree to the terms and conditions below.
1. USER CONDUCT
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs service accounts may only be used for lawful purposes. Any use of these
services which violates any local, state, federal, or international laws which may
apply to MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs, your local jurisdiction, or any
jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using and enjoying the
Internet.
B. Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export
control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret,
misappropriation and anti-dilution laws.
C. Post, publish, transmit, reproduce or distribute any information or
software which contains a virus or other harmful component.
D. Post, publish, transmit, reproduce, distribute or in any way exploit
any information, software, or other material obtained through the service for commercial purposes (other than as expressly
permitted by the provider of such information, software, or other
material).
E. Use your MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
account to facilitate the sale of any information, software, hardware, product, or other material which violates any local, state, federal, or international laws which may
apply to MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
, your local jurisdiction, the jurisdiction of the consumer purchasing from you, or any jurisdiction that you or your
site may be subject to.
F. Use your MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
account to gather sensitive payment information from any internet consumer including but not limited
to credit card information for any purpose other than the ethical use of such information to obtain payment in exchange for goods
and service provided to said consumers.
G. Post, publish, transmit, reproduce or distribute internet consumer
credit card information in such a manner as to readily expose such information to those who would use such information for criminal
purpose.
While using the
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs service, you agree to the
following minimum standards for internet "e-commerce":
A. Resolve your customer order fulfillment complaints against you in a reasonable and timely manner such that
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs does not receive a significant number of complaints against
you.
B. Provide your customers reasonable access to contact information
for your business such that they can contact you when orders they place are not
received.
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs from any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you,
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs , or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all
issues associated with your account.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs reserves the right to refuse or discontinue service to anyone at
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs 's sole discretion.
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs may deny you access to all or part of the service without notice if you engage in any conduct or activities that
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs in its sole discretion believes violates any of the terms and conditions in this agreement.
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or
consumers of products or services sold via any service. MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
reserves the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or fitness for
a particular purpose. No advice or information given by MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
or it's agents or employees, affiliates or assigns shall create a warranty.
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs provides no warranty that the service will be uninterrupted or error free or that any
information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your
use of or inability to use the service, or for third parties' use of the service to access your Domain, Web space, Shopping Cart Service, any other
service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec
Designs service or any of its terms, conditions, rules, policies, guidelines, or practices,
your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs servers, including but not limited to uploads done by you to facilitate usage of
the MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs Product Search Engine, that such information becomes available to all Internet users and that
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs has no way of limiting or restricting access to such information or protecting such
information from copyright infringement. You assume total responsibility and risk for your use of
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs servers and the Internet. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all
merchandise provided through MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
or on the Internet generally.
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
will provide you a reasonable amount of technical support to assist you in integration of the
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs services into your web site. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs , and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of the
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs services into your website.
5. ECPA NOTICE
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
reserves the right to monitor any and
all communications through or with our facilities. You agree that MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
is not considered a "secure communications medium" for the purposes of the
ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an
authorized user of any checks or credit card account that you supply to us and agree that we have an obligation to fully investigate any
possible fraudulent payment acts and publish said information for the protection of our users.
You agree to inform
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs in advance of any substantive changes in the nature of the commerce facilitated via your
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs , and understand that implementing such changes may cause
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs at its sole discretion to discontinue your service if such changes would
cause violation of this agreement.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper
operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are
authorized for, and impairing the availability, reliability, or quality of
service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet,
including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs, including restrictions on
account usage, services available with your account, restrictions on certain features, and all other
policies designed to protect and enhance the quality and reliability of service at
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs. You agree to abide by any and all future
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs policy decisions.
8. SECURITY
You agree that the security of your account password is solely your
own responsibility. You further agree that if you believe that your account password has been compromised in any way, you will notify
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs immediately via email to
security@mywebsitetool.com and in writing by registered mail, return receipted, to
INFOTECH INTERNATIONAL INC. or 723 S. Casino Center Blvd., 2nd Floor., Las Vegas, Nevada, 89125. You shall be held fully
responsible for any misuse or compromise to your account for which MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
is not properly notified. You agree that if any security violations are believed to have occurred in association with your
account, MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
has the right to suspend all access to the account pending an investigation and resolution. You also agree that
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs has the right to cooperate in any government or legal investigation
regarding any aspect of our services, including services sold to you. Any use of our system to facilitate sales of pirated software, illegal
products or information, or other violations of law will result in account
suspension and be immediately reported to the appropriate authorities, as well as possible listing on our web site for deterrent purposes.
9. BACKUP OF DATA
Your use of the service is at your sole risk.
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs is not responsible for order data or account configuration data residing on our servers. Any storage of such is strictly for your convenience, and you recognize
your obligation to maintain your sales and order data on your own computer systems. You agree to securely retrieve via SSL encryption
the final portion of order credit card numbers promptly after receiving emailed notification of orders, and to make daily checks of the
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs web page for retrieving secure data. If any orders are indicated on that page and you do not have all pertinent information stored on your own system, you agree to promptly take action to download or
email such data. You specifically agree that MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
is not responsible for storage of order or sales data of any type
whatsoever for any amount of time.
You further agree that
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs has the right at its
sole discretion to purge any and all order or sales data stored on MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
servers without notice and to whatever degree deemed necessary by MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
to update the database information on our servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other
harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs or any other service with reference to services obtained through
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs , for unsolicited mass
mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and
may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you,
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs , or any other party or parties resulting from any such conduct.
11. PAYMENT
You agree to supply appropriate payment in advance for the services
received from MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
, in accordance with invoices received via email from MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs, with the exception of the initial thirty day period which
may be paid in arrears. You understand that failure to supply such payment in accordance with the instructions contained in the invoice
will result in account suspension. You understand that MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
at its sole discretion has the right to refuse to reinstate a suspended
account regardless of subsequent payment attempts by you. Further, you understand that there may be fees associated with reinstatement
of a suspended account. You agree that fees can be paid by your credit card number on file until you provide notice of cancellation in writing to
billing@mywebsitetool.com All credit card charges will be made by INFOTECH INTERNATIONAL
INC. Except when other arrangements have been made. Every attempt will be made to avoid any interruption in service, however it is always your responsibility to provide payment before the due date.
You understand that invoices for
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs service are sent out via email only, and that it is your responsibility to maintain working email
addresses in your account configuration. You understand that your failure to receive these invoices for any reason does not alleviate your
responsibility to keep your account current.
You agree that all subscription fees and payments are non-refundable and understand
the need to choose the subscription period carefully to meet your needs. Any FREE trial period may be cancelled at any time for violation of this agreement.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
13. SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to
make it enforceable.
14. TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO
WARRANTIES) shall survive any termination of this agreement.
15. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State
of Nevada, USA ("Nevada") and California, USA ("California") and the United States of
America. Customer agrees that all services provided by MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
shall be deemed to have been requested and provided in Clark County,
Nevada. Customer further agrees that the General Court Of Justice of Clark County, Nevada, shall have personal jurisdiction
over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or
the services provided by MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs. Customer and Trial user agrees to accept service
of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
16. ACKNOWLEDGEMENT
By creation of an account, or continuing to maintain an account on
MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand
such terms and conditions and agree to be bound by them. MyWebSiteTool.com, INFOTECH INTERNATIONAL INC. & Webtec Designs
reserves the right to publish the information of users that breach this agreement at it's sole discretion.
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