Mal's e-commerce Limited is a provider of shopping cart functionality for websites engaging in e-commerce. User shopping cart accounts 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 Mal's e-commerce Limited 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 on Mal's e-commerce Limited's servers or to use our services in any way. By proceeding to create or reconfigure an account you agree to the terms and conditions below.
1. USER CONDUCT
Mal's e-commerce Limited shopping cart 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 Mal's e-commerce Limited, 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 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 Mal's e-commerce Limited 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 Mal's e-commerce Limited, your local jurisdiction, the jurisdiction of the consumer purchasing from you, or any jurisdiction that you or your site may be subject to, and our own jurisdiction;
F. Use your Mal's e-commerce Limited 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;
H. Use your Mal's e-commerce Limited account in conjunction with any promotion or sale of goods by or for the purpose of Unsolicited Commercial E-Mail (UCE) or Spam. This includes the sale of lists of E-mail addresses or software to be used for the purpose of sending UCE or Spam;
While using the Mal's e-commerce Limited 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 Mal's e-commerce Limited does not receive a significant number of complaints against you.
B. Provide your customers reasonable access to contact information on your website including your name, address and email address so that they can contact you if they need to.
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mal's e-commerce Limited 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, Mal's e-commerce Limited, 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
Mal's e-commerce Limited reserves the right to refuse or discontinue service to anyone at Mal's e-commerce Limited's sole discretion. Mal's e-commerce Limited may deny you access to all or part of the service without notice if you engage in any conduct or activities that Mal's e-commerce Limited in its sole discretion believes violates any of the terms and conditions in this agreement. Mal's e-commerce Limited 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 Mal's e-commerce Limited 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 the shopping cart service. Mal's e-commerce Limited 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
Mal's e-commerce Limited 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, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Mal's e-commerce Limited or its agents or employees shall create a warranty. Mal's e-commerce Limited 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 Mal's e-commerce Limited 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 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 Mal's e-commerce Limited 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 Mal's e-commerce Limited servers, including but not limited to uploads done by you to facilitate usage of the Mal's Marketplace, that such information becomes available to all Internet users and that Mal's e-commerce Limited 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 Mal's e-commerce Limited 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 Mal's e-commerce Limited or on the Internet generally.
Mal's e-commerce Limited will provide you a reasonable amount of technical support to assist you in integration of the Mal's e-commerce Limited shopping cart service into your website. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of Mal's e-commerce Limited, 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 Mal's e-commerce Limited shopping cart service into your website.
5. ECPA NOTICE
Mal's e-commerce Limited reserves the right to monitor any and all communications through or
with our facilities. You agree that Mal's e-commerce Limited 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 Mal's e-commerce Limited 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.
You agree to inform Mal's e-commerce Limited in advance of any substantive changes in the nature of the commerce facilitated via your Mal's e-commerce Limited, and understand that implementing such changes may cause Mal's e-commerce Limited 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 Mal's e-commerce Limited, 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 Mal's e-commerce Limited. You agree to abide by any and all future Mal's e-commerce Limited 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 Mal's e-commerce Limited immediately via email to web@mals-e.com
and in writing by registered mail, return receipted, to Mal's e-commerce Limited, 95 Malew Street,
Castletown, Isle of Man, United Kingdom. You shall be held fully responsible for any misuse
or compromise to your account for which Mal's e-commerce Limited is not properly notified.
You agree that if any security violations are believed to have occurred in association
with your account, Mal's e-commerce Limited has the right to suspend all access to the account
pending an investigation and resolution. You also agree that Mal's e-commerce Limited 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.
9. BACKUP OF DATA
Your use of the service is at your sole risk. Mal's e-commerce Limited 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 Mal's e-commerce Limited webpage
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 remail such data. You specifically agree that Mal's e-commerce Limited is not responsible
for storage of order or sales data of any type whatsoever for any amount of time.
You further agree that Mal's e-commerce Limited has the right at its sole discretion to purge any and all order or sales data stored on Mal's e-commerce Limited servers without notice and to whatever degree deemed necessary by Mal's e-commerce Limited to free up space 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 Mal's e-commerce Limited or any other service with
reference to services obtained through Mal's e-commerce Limited, 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, Mal's e-commerce Limited, or any other party or
parties resulting from any such conduct.
11. PAYMENT
You agree to supply appropriate payment in advance for the paid services
(Premium accounts) received from
Mal's e-commerce Limited, in accordance with invoices received via email from Mal's e-commerce Limited.
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
Mal's e-commerce Limited 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 understand that invoices for Mal's e-commerce Limited 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 are non-refundable and understand the need to choose the subscription period carefully to meet your needs.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication
you may have had with Mal's e-commerce Limited 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 United Kingdom.
Customer 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 Mal's e-commerce Limited
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.
Mal's e-commerce Limited
95 Malew Street
Castletown
IM9 1LX
Isle of Man