By signing up for the MyMarketingCart.com services (hereinafter referred to as the “Services”), you agree to the following Terms of Service:

This Terms of Service document along with any applicable order page (hereinafter collectively referred to as the “Agreement”) constitutes a legally binding contract between Web.com Group, Inc. / “MyMarketingCart.com” and the person or organization that submits an order for the Services, pays for Services, and/or utilizes the Services (“You” and/or the “Client”). MyMarketingCart.com reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. MyMarketingCart.com may make such changes or modifications to the terms and conditions contained in this Agreement without notice to Client. Client’s continued use of the Services following MyMarketingCart.com’s posting of any changes or modifications will constitute Client’s acceptance of such changes or modifications.

1. Eligibility Criteria

Notwithstanding anything contained herein, this Agreement will not bind MyMarketingCart.com unless Client meets the following Eligibility Criteria:

The Services and license thereof are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If Client is registering as a business entity, Client represents that they have the authority to bind the entity to this Agreement.

MyMarketingCart.com uses many techniques to verify the accuracy of the information Client provides when Client registers on the MyMarketingCart.com website. If for any reason, MyMarketingCart.com, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to Client, to revoke any and all licenses under this Agreement or to refuse to provide the Services under this Agreement to Client.

2. Services

A. The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:

i. Shopping Cart and eCommerce software that facilitates the sale of products by the Client to customers on a website controlled by the Client;
ii. Email marketing tools and services;
iii. Online advertising tools and services;
iv. Affiliate marketing tools and services; and
v. Online website store builder services.

B. The Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.

C. MyMarketingCart.com will provide Client with a limited license to use and receive the Services hereunder and MyMarketingCart.com will further provide the Services ordered by the Client subject to all of the terms, conditions and limitations applicable to the Services that are set forth in the Agreement and on the MyMarketingCart.com website.

D. Client will pay for the Services at the price and in accordance with any fee schedule indicated upon Client’s ordering of the Services. MyMarketingCart.com may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after MyMarketingCart.com posts the change on its website. All fees collected under this Agreement are fully earned when due and nonrefundable when paid except as expressly provided for in Section 6(E) and Section 6(F) below. All fees due under this Agreement must be paid in United States dollars via credit card or other payment method acceptable to MyMarketingCart.com. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client’s profile and to update such contact details as they may change.

E. The Services are either owned by MyMarketingCart.com or licensed from a third party. In accordance with this Agreement and subject to the payment of applicable fees, MyMarketingCart.com will provide certain hosting, support and other miscellaneous Services licensed by Client under this Agreement during the term of this Agreement. Any hosting to be provided by MyMarketingCart.com under the Agreement shall be on servers operated by or for MyMarketingCart.com (“MyMarketingCart.com Servers”) and several merchants may share the resources and network capacity of those MyMarketingCart.com Servers.

F. MyMarketingCart.com reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to Client. Client agrees to receive administrative communications from MyMarketingCart.com in regards to the Services, Client’s account, policy changes and system updates.

3. Ownership and License

A. The Services provided by MyMarketingCart.com hereunder, and all worldwide intellectual property rights therein, are the exclusive property of MyMarketingCart.com. All rights in and to the Services not expressly granted to Client in this Agreement are wholly reserved by MyMarketingCart.com.

B. Subject to the terms and conditions of this Agreement, MyMarketingCart.com grants to Client a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Services.

C. Client acknowledges that the Services and their structure, organization, and source code constitute valuable trade secrets of MyMarketingCart.com. Accordingly, except as expressly allowed under this Agreement, Client will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Services; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Services to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or (d) transfer its interest in and to the Services to any third party.

D. Subject to the terms and conditions of this Agreement, MyMarketingCart.com grants to Client a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce certain trademarks provided to Client by MyMarketingCart.com under this Agreement (“MyMarketingCart.com Marks”), solely for use in the display on those locations as designated by MyMarketingCart.com in its sole discretion. MyMarketingCart.com grants no rights in the MyMarketingCart.com Marks other than those expressly granted in this Section. Client acknowledges MyMarketingCart.com’s exclusive ownership of the MyMarketingCart.com Marks. Client agrees not to take any action inconsistent with such ownership and Client agrees not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the MyMarketingCart.com Marks or in such a way as to create combination marks with the MyMarketingCart.com Marks. At MyMarketingCart.com’s request (in its sole discretion), Client will immediately discontinue any use and display of the MyMarketingCart.com Marks. Client acknowledges and agrees that, except with respect to the trademark license granted herein in and to the MyMarketingCart.com Marks, no licenses are granted by MyMarketingCart.com to any other trademarks, service marks, or trade names owned by MyMarketingCart.com, its parent, or affiliates.

E. Certain additional features that MyMarketingCart.com may make available to Client in conjunction with the Services may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”). Similarly, MyMarketingCart.com may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions (“Additional Services”). Client agrees that Client will not use such Additional Software or Additional Services unless Client has agreed to the applicable terms and conditions, including but not limited to Client’s payment of additional fees as required.

F. If Client purchases a domain name as part of the boarding process for the Services (the “Domain Name”) Client will be considered the owner of the Domain Name; however MyMarketingCart.com will be listed as the technical contact. By using the Services, Client represents and warrants that any name or word submitted to be used as all or part of the Domain Name does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the Domain Name in connection with a commercial or personal endeavor and that it is not merely “cyber squatting,” i.e., obtaining the Domain Name merely to attempt to sell the rights to the Domain Name or sub domain to some third party. Client further represents and warrants that the Domain Name will not violate the Acceptable Use Policy and other acceptable use provisions referenced or listed in Section 5 below.

4. No Guarantee of Results

Client acknowledges that MyMarketingCart.com does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of MyMarketingCart.com and for which MyMarketingCart.com will bear no responsibility. Client irrevocably covenants, promises and agrees to indemnify MyMarketingCart.com and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of MyMarketingCart.com under this Agreement.

5. Covenants and Acceptable Use

A. Client may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the MyMarketingCart.com Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time. In addition, Client agrees that it will not use the Services to:

i. engage in any illegal or tortuous activity;
ii. violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party;
iii. sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material;
iv. use verbal, physical, written or other abuse (including threats of abuse or retribution) of any MyMarketingCart.com customer, employee, member, or officer will result in immediate account termination; or
v. publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to MyMarketingCart.com in its sole discretion.

B. Client’s failure to comply with the covenants set forth in this Section of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination of this Agreement and the Services.

6. Billing

A. The Services will commence on the date Client’s order for the Services is accepted by MyMarketingCart.com (the “Effective Date”) and will thereafter continue on the basis of successive billing periods (with the first day of each billing period being a “Billing Date”) until terminated by either party in accordance with this Agreement. For each billing period, MyMarketingCart.com will charge the Client’s credit card on each Billing Date for (i) any non-refundable recurring subscription fees as well as any other annual or one-time fees due in advance for the billing period beginning on that date, and (ii) any transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through the Client’s Store (as defined below) during the previous billing period.

B. Without limiting MyMarketingCart.com’s other remedies, any amount that is not retrievable from Client’s credit card when due will accrue a late fee at one and one half percent (1½ %) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. MyMarketingCart.com may continue to submit charges on Client’s credit card from time to time until all fees due are paid. MyMarketingCart.com may suspend all or any portion of the Services at any time when fees are due and unpaid. For any amounts not paid when due MyMarketingCart.com will be entitled to recover from Client losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses’ cost or other costs of any kind incurred by MyMarketingCart.com hereunder.

C. All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and Client will be responsible for payment of all such taxes (other than taxes based on MyMarketingCart.com’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or performance of the Services hereunder.

D. Clients who purchase Services with an annual billing arrangement may receive a refund for terminating the Services in the following circumstances:

i. An annual-billed Client may receive a 100% refund for termination within thirty (30) days after the annual renewal date.
ii. An annual-billed Client may receive a 50% refund for termination within thirty-one (31) and ninety (90) days after the annual renewal date.
iii. An annual-billed Client may receive a 25% refund for termination within ninety-one (91) and one hundred eighty (180) days after the annual renewal date

E. In addition, if expressly noted in the ordering process, Client may receive a refund of 100% of the amount paid if Client terminates the Services within thirty (30) days or less after the Effective Date. However, you acknowledge and agree that if you have surpassed a 30-day trial period, if any, you will not be entitled to a refund. Client acknowledges and agrees that any such refund will not apply to any transaction fees owed by Client under the Agreement.

7. Use of Client Data

Client agrees that MyMarketingCart.com may use data collected from the Client only as permitted by the MyMarketingCart.com Privacy Policy and MyMarketingCart.com agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein and may be changed by MyMarketingCart.com from time to time.

8. Termination and Suspension

A. Client may terminate this Agreement at any time by giving MyMarketingCart.com notice at least seven (7) days prior to the next Billing Date in accordance with Section 9 below.(as per Section 9 Notice)

B. MyMarketingCart.com may also terminate this Agreement at any time by giving Client at least thirty (30) days prior notice. In addition, MyMarketingCart.com may immediately terminate this Agreement, limit Client’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Client’s account or the Services, in whole or in part, and/or refuse to provide some or all of the Services functionality to Client, without notice, if in MyMarketingCart.com’s sole discretion: (a) Client fails to pay any fees in accordance with this Agreement; (b) Client breaches the covenants of this Agreement; (c) Client breaches this Agreement or the documents it incorporates by reference in any other manner; (d) MyMarketingCart.com is unable to verify or authenticate any information Client provided to MyMarketingCart.com; or (e) MyMarketingCart.com believes that Client’s actions may cause financial loss or legal liability for Client or MyMarketingCart.com.

C. Rights Upon Termination. In the event of termination of this Agreement for any reason, the licenses granted under this Agreement shall automatically and immediately cease and Client shall destroy all copies of the Services in its possession, if any. Following termination the Client will have no right to use or access the Services. Upon termination, there will be no refund provided to Client and all outstanding fees owed by Client shall become immediately due and payable. In its discretion, MyMarketingCart.com may permit a Client to recover data from the Services following termination after payment of additional fees. Additionally, if applicable, within thirty (30) days of termination of this Agreement Client must move the Domain Name from any 1Shopping Cart.com Servers. Termination shall not affect the rights of MyMarketingCart.com to recover from Client losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.

9. Notice

A. MyMarketingCart.com may give notice to Client of any matter under this Agreement (a) orally, by calling Client’s representative or by leaving a voicemail for Client’s representative at the telephone number in Client’s profile, (b) by email to the email address provided by Client in Client’s profile, or (c) by regular mail to Client’s mailing address in Client’s profile. Client may give notice to MyMarketingCart.com by regular or certified mail to the following address:

Web.com Group, Inc.
12808 Gran Bay Parkway, West
Jacksonville, FL 32258
Attn: Legal Department

B. However, that Client must give notice of termination by calling MyMarketingCart.com at the following number: 1-705-792-1961.

10. Affiliate Program

If during the order process Client checked the box to participate in the MyMarketingCart.com affiliate marketing program, or has otherwise been accepted by MyMarketingCart.com to participate in such affiliate marketing program, the following provisions apply:

i. MyMarketingCart.com will pay a commission (the “Commission”) equal to thirty percent (30%) of amounts billed and received by MyMarketingCart.com from new customers who purchase services from MyMarketingCart.com within six (6) months after clicking on an approved MyMarketingCart.com affiliate marketing banner on a website owned or controlled by Client.

ii. All tracking of referrals and clicks are as determined by MyMarketingCart.com’s systems. MyMarketingCart.com will not pay Commissions on sales that are subsequently rescinded or charged back and any Commissions paid on such sales must be repaid or debited from future Commissions due.

iii. Self-referrals are only to be paid in cases where both the referring and referred account both remain in active paid status. Moreover, if the referring account is closed then the commissions will no longer be paid on any existing or new self-referrals.

iv. In the event that a referral does not appear on a Client’s referral report, the Client has thirty (30) days from the report date to notify MyMarketingCart.com of that referral otherwise it will not be processed or otherwise credited or attributed to the Client. For any requests to manually process a referral, the referring account must have been opened prior to the referred account.

v. MyMarketingCart.com will aggregate Commissions due and issue checks only when the check amount is equal to or greater than $50.00 (USD).

vi. MyMarketingCart.com may change the commission rate and other terms and conditions of this affiliate marketing program at any time, with such changes to be effective when posted to the MyMarketingCart.com website.

vii. After enrolling in the affiliate marketing program, a Client must click the referral program link within the Client’s account and use the enclosed tracking link. Client may not use or display on the affiliate link any material that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of MyMarketingCart.com.

viii. A Client enrolled in the affiliate marketing program will continue to earn Commissions even after the Client terminates Services. MyMarketingCart.com may offset against any Commissions earned, however, any due and unpaid amounts in respect of Services.

11. Online Store Builder and Website Content

B. Client will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on the Store or otherwise utilized by Client in conjunction with the Services (the “Content”), including all descriptions of the products and services Client offers or sells to customers via the Store and/or Services. As a conduit, MyMarketingCart.com will give Client discretion over the Content provided it is compatible and interoperable with the Services. Client retains all rights, title and interest in and to all intellectual property rights embodied in the Content, exclusive of any content provided by MyMarketingCart.com. Notwithstanding anything contained in the foregoing, if Client breaches any of the covenants of this Agreement, MyMarketingCart.com is entitled to immediately suspend or terminate Services, the Store and/or any access to information or data related to Client’s account.

C. Client acknowledges that, by only providing Client with the ability to publish and distribute Client’s own or third party products, services or content, MyMarketingCart.com and its Services are acting only as passive conduits for the distribution and/ or publishing of such products, services and/or Content. MyMarketingCart.com has no obligation to Client or any third party, and undertakes no responsibility, to review the Content to determine whether any such Content may incur liability to third parties. Notwithstanding anything to the contrary herein, if MyMarketingCart.com believes in its sole discretion (as applicable) that the Content may create liability for MyMarketingCart.com, Client agrees that MyMarketingCart.com may take any actions with respect to the Content that MyMarketingCart.com believes are prudent or necessary to minimize or eliminate MyMarketingCart.com’s potential liability. MyMarketingCart.com shall, as applicable, be the sole judge of what Content or materials may create liability for MyMarketingCart.com.

D. Moreover, Client covenants that any products, services, or Content published and distributed on the Store or otherwise in conjunction with the Services shall not violate the MyMarketingCart.com Acceptable Use Policy that is incorporated herein by reference (including Section 5 above) and as it may be amended from time to time, nor shall they:

i. be false, inaccurate or misleading;

ii. be fraudulent or involve the sale of counterfeit or stolen items;

iii. infringe or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

iv. violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);

v. be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

vi. be obscene or contain child pornography;

vii. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

viii. involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and Client shall not use its account or the Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;

ix. involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;

x. be harmful or potentially harmful to the MyMarketingCart.com Server structure as determined in MyMarketingCart.com’s sole discretion, including without limitation overloading the MyMarketingCart.com technical infrastructure;

xi. involve subleasing Client’s account or offering “free space” on or other access to Client’s account or the Store to third parties;

xii. create liability for MyMarketingCart.com and its subcontractors or expose them to undue risk or otherwise engage in activities that MyMarketingCart.com, in its sole discretion, determines to be harmful to MyMarketingCart.com’s affiliates, operations, reputation, or goodwill; and

xiii. link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.

E. Furthermore, during the period that MyMarketingCart.com provides Services to Client pursuant to this Agreement, Client hereby grants to MyMarketingCart.com and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform the Content solely for the purposes provided in this Agreement.

12. Indemnification

13. Disclaimer Of Warranties

14. LIMITATION OF LIABILITY

15. General

B. Legal Compliance. Client shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding its our use of the Services.

C. No Agency. Client and MyMarketingCart.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

D. Entire Agreement. This Agreement sets forth the entire understanding and agreement between Client and MyMarketingCart.com with respect to the subject matter hereof. This Agreement may not be modified or amended by you without the express written consent of MyMarketingCart.com.

E. Force Majeure. Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.

F. Assignment. Client shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. Client agrees that this Agreement may be assigned by MyMarketingCart.com, in MyMarketingCart.com’s sole discretion.

G. No Third Party Beneficiary. Client acknowledges and agrees that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

H. Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MyMarketingCart.com’s failure to act with respect to a breach by Client or others does not waive MyMarketingCart.com’s right to act with respect to subsequent or similar breaches. Neither party may waive any right hereunder except expressly and in writing.

I. Construction. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term “including” means “including without limitation,” unless expressly stated to the contrary.

J. Survival. Sections 2 (Services), Section 3 (Ownership and License), 6 (Billing) with respect to any outstanding fees owed for the Services, 7 (Use of Client Data), 8 (Termination and Suspension), 12 (Indemnification), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), and 15 (General) shall survive any termination or expiration of this Agreement where necessary for MyMarketingCart.com to enforce its rights therein.

K. Prohibited Transactions. Client warrants that Client is not, nor is Client acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control (“OFAC”). In addition, Client is not, nor is Client acting on behalf of any person or entity that is, a Specially Designated National (“SDN”), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Company under this Agreement, and at law and in equity, Client’s breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Client under this Agreement.

L. Miscellaneous. Each party hereto agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Services or this Agreement.