CG-ODS
Terms of Service
Last
Updated - Friday, 14th October, 2005
The
following TERMS OF SERVICE detail the conditions for services
provided by Clinton Goveas, hereinafter referred to as the Service
Provider, via the online Clinton Goveas - Online Distribution
System (CG-ODS), hereinafter referred to as the Service.
This
document constitutes a binding agreement between the Service
Provider and the user of the Service, hereinafter referred to
as the Merchant.
These
terms must be accepted by the user prior to availing the Services
ordered through submission of the order form.
By ordering
the services, you agree to be bound by the terms and conditions
stipulated below without modification.
Nature
of Service
The
Service, allows the Merchant to securely distribute e-products
to their clients by charging the clients via a payment processor.
The
Merchant and the buyer (merchant's client) agree into a contract
before entering the Service's system.
The
payment takes place within the system of the payment processor
(e-gold / moneybookers).
The
access (distribution) takes place from the URL specified for
the purpose by the Merchant.
The
Service takes care of ensuring that the buyer does not get access
to the product or service unless the buyer has actually paid
for it, and the payment status has been verified as PROCESSED
with the payment processor's secure server.
Neither
the merchant, nor the buyer, will ever be asked for their payment
processor login details, nor will they ever need to enter it
into our system. Our system simply secures the distribution
of the merchant's e-products and merely records the payment
status from the payment processor's server for processing the
download request. It has nothing to do with the actual payment.
Fees
and Payment
The
Service Provider the right to disable any account for any violation
of the terms of service, such as a site we may view as distributing
illegal content using our system. Please see below for a complete
list of these violations.
There
shall be no additional costs to the customer unless otherwise
stated.
The
customer will be notified of changes in our policy at least
1 month (30 days) prior to the change taking effect.
All
payments for accounts will be made in United States currency.
The
costs and availability of the accounts are as
detailed on the ODS.CLINTONGOVEAS.COM (the Service) website.
Account
fees are to be paid quarterly, and in advance.
CG-ODS
Accounts
All
setup fees are 100% non-refundable without exception, as there
is a cost incurred for setup & testing of the accounts.
All
accounts are registered for a period of three months. Once
you have paid for, and have been assigned an account, the proper
use of that account is the Merchant's responsibility.
The
quarterly fee entitles you to one account for three months.
There shall be no additional costs to the customer for a period
of three months after commencement of service.
Your
account data, accessible via the administration interface, will
always remain your property as long as your account has not
been terminated.
The
Merchant's account will only be terminated if certain circumstances
apply. These conditions are customer request, non-payment of
dues, incorrect customer information, or a violation of the
terms and conditions.
Support
All
accounts get support via e-mail, the details of which will be
made available in the welcome e-mail.
Terms
of Termination
1. When
you sign up for the services provided by the Service Provider,
this agreement shall become applicable and effective.
2. The
Service Provider reserves the right to terminate this agreement
and the customer's account due to any breach of the provisions
stipulated herein.
-
The
decision to terminate an account shall be left to the sole
discretion of the Service Provider, and the Service Provider
shall not be compelled to give reasons for any actions taken
in this respect.
-
The Service Provider shall have no obligation to refund any
fees that are clearly stated to be non-refundable.
-
We
reserve the right to delete any account deemed unacceptable
for any reason without prior notice.
-
The Service Provider reserves the right to go into any account
to check for violations of these terms of service and may
at anytime without prior notice suspend an account. This is
for auditing purposes. The Service Provider may also allow
any security staff access to the accounts to make sure things
are running smoothly and properly.
3.
The Merchant may terminate the services at any time, by contacting
the Service Provider via email, or the trouble ticket system,
and after confirmation of identity.
4.
Merchants will be responsible for their own distributed items,
administration of their account(s), and maintenance of their
item list.
5. Merchants
will be solely responsible for all products, contents and materials
distributed via the Service.
6. Merchants
will be responsible for the accuracy and appropriateness of
content and materials distributed via the Service.
7. Merchants
will be responsible for ensuring that the content and materials
appearing in their products, distributed via the Service, do
not violate or infringe upon the rights of any third parties.
8. Merchants
will be responsible for ensuring that the content and materials
appearing in their products, distributed via the Service, are
not libelous or otherwise illegal.
9. Merchants
will be responsible for the calculation and application of shipping
and sales tax and for accepting, processing, filling and shipping
any customer orders or any other e-commerce transactions that
they initiate via the Service.
10.
Merchants will be responsible for the security of any customer
credit card numbers and related customer information that are
obtained or accessed as a result of conducting electronic commerce
via the Service, and to keep all such information confidential
and to exercise the same degree of care and security standard
in the industry.
Content
This
service is provided for both businesses and private home users.
The Service Provider is not responsible for the content of any
web page outside the Service, or for content distributed as
products via the Service.
The
opinions and views expressed in the distributed products do
not necessarily reflect those of the Service Provider
The
products distributed are not reviewed in any way before they
are distributed via the Service; however, user accounts are
routinely reviewed for any violations of these terms of service.
As
the author, or producer of products distributed by the Service,
the Merchant takes full responsibility for their contents &
purpose.
Do not
use the service provided by the Service Provider to distribute
material that is grossly offensive to the any community, including,
but not limited to, blatant expressions of bigotry, racism,
hatred, profanity or for promoting or providing instructional
information about illegal activities or promoting physical harm
or injury against any group or individual.
The
Service shall only be used for lawful purposes. Transmission
or solicitation of any material that violates United States
federal, state or other laws that may apply in this jurisdiction,
or your local area, if prohibited.
The
distributed products cannot contain, or provide links to, materials
that the Service Provider, in its sole discretion, may consider
illegal or offensive, including, but not limited to:
-
Copyrighted
material not belonging to you -- for example, music, images,
software or video -- unless you have the prior consent of
the copyright owner
-
Trademarked material not belonging to you -- for example,
word marks, design marks or a combination thereof -- without
prior consent of the trademark owner
-
Adult material -- pornography, nudity, sex or any other material
that would commonly be considered "indecent" or "appealing
to the prurient interest"
-
Gambling;
Foul language; Hate-group propaganda; Mail fraud; Pyramid
or Ponzi schemes
-
Insults
to other persons or companies, including but not limited to:
material that is obscene, threatening, harassing, libelous
or in any way a violation of intellectual property laws.
Merchants
shall not use their account to conduct the following activities:
-
Sell
weapons, or promote the use thereof
-
Send
bulk/spam e-mail with a the Service's, or the Service Provider's
URL listed as the contact address
-
Advertise
or distribute software or services that may contribute to
news or e-mail spamming
-
Disclose
the trade secrets of any other entity or individual
-
Use
patented materials without the prior consent of the patent
owner
-
Sell
WAREZ, CRACKS and / or SERIALZ or conduct any other activities,
that the Service Provider determines, in it's sole discretion,
to be illegal or an unreasonable drain on system resources.
Indemnification
By
using the Service, the Merchant agrees to unconditionally indemnify
the Service Provider against any actions, proceedings, costs,
awards, claims and damages, however incurred by, or arising
against us, as a result of any act or omission on their part
while entering into and performing the contract of sale on the
Merchant's Site, or related to their use of the Service.
The
Service Provider reserves the right to terminate the Merchant's
account, which in our sole judgment, is found in violation of
any provision of this Terms of Service.
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