InstanteStore.com Service Agreement

Thanks for signing up with InstanteStore.com. This Service Agreement (hereinafter referred to as the 'Agreement') explains the terms and conditions governing your use of the InstanteStore.com service, technology and any other content available when utilizing the InstanteStore solution. By clicking on the 'I agree' checkbox on the registration page, you have chosen to accept these terms and conditions and acknowledge that the InstanteStore.com solution that you will be utilizing is governed by the rules set forth below. If you do not wish to accept this agreement, please do not proceed with the registration.

Services

Your InstanteStore solution will include the full e-commerce store features, which includes integrated credit card processors, built-in affiliate program and all other features as listed on our website.

Payment Terms

1. You may sign for the InstanteStore solution for a minimum period of thirty (30) days from the day you registered as an InstanteStore merchant.
2. InstanteStore.com reserves the right to at its sole discretion and as it deems fit, to add or remove certain services it offers and change its fees for any services, with a notice of not less than thirty (30) days to the Merchants.
3. During your utilization period, you will have access to InstanteStore solution in accordance to the rules and regulations set out in 'Services' section above.
4. You agree to pay all fees and charges specified in the fee schedule (as shown on the InstanteStore.com website, http://www.instantestore.com/shopping-cart-price.cfm) for access to and use of the InstanteStore solution. You are required to provide InstanteStore.com with your credit card details for payment once you choose to go live; all charges you incur for use of the InstanteStore solution will be charged to the credit card number you provide automatically. If InstanteStore.com does not receive payment from the card issuer, you, the Merchant agrees to pay InstanteStore.com all amounts due upon demand. You understand that InstanteStore.com will not hesitate to take actions such as severely restricting or terminating your use of the InstanteStore solution, at its sole discretion, if InstanteStore.com does not receive timely payment of all amounts due for the solution you purchase.
5. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by the law.

Restrictions and Prohibitions

1. You are not to use the InstanteStore solution, the selection of web address for your member site, the solution, or the Merchant site to, including, but not limited to:

• Display material containing pornographic material of any kind
• Sell or promote any unlawful products or services in the location at which the content is posted or received.
• Provide material that is grossly offensive to the InstanteStore.com online community, including prejudice, racism or posting of any obscene, lewd, lascivious, filthy, excessively violent, harassing or other objectionable content
• Promote, solicit or participate in pyramid schemes
• Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or any other intellectual property right of any third party
• Access illegally or without authorization any computers, accounts or networks of InstanteStore.com or any InstanteStore.com merchant, or attempt to "hack" into InstanteStore.com's security systems, having InstanteStore.com host or distribute any Internet viruses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks or disrupting others of effectively using the Instantestore solution.
• Post or disclose any personally identifying information or private information about children or any third parties without their consent or the parent's consent, in a case for minor
• Post or display of any materials that exploits or otherwise exploits children under age of 18 years.
• Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or activities that leads to cruelty towards animal or in providing instruction/information or assistance in carrying out such violence

2. You agree that without express consent of InstanteStore.com (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or contents (or services related to the same) on the Merchant site you create:

• Pharmaceutical or any other controlled substances
• Illegal drugs and illegal drug contraband
• Alcohol
• Firearms and weapons
• Pirated computer programs
• Pornography or illicitly pornographic products
• Computer software viruses or software designed to create a virus
• Illegal goods
• Instructions on how to make/ assemble bombs, grenades or other weapons

3. You also agree not to conduct activities such as gambling, sweepstakes, raffles, lotteries and/or unsolicited commercial email (spam).

4. You agree that you will not (and will not allow any third party to) participate in any of the following actions such as reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any InstanteStore.com solution or technology; individual passwording of Merchant sites; deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner), and/or fail to obtain all required permissions when using the InstanteStore solution to receive, upload, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.

Anti-Spam Policy

1. We have a strict anti-spam policy at InstanteStore.com. You will not use your InstanteStore.com account to send out unsolicited commercial e-mail nor will you allow anyone to use your account to do likewise. You are also not allowed to use unsolicited commercial e-mail to advertise any URL that is currently hosted on the InstanteStore.com platform, whether the e-mail was sent out using your InstanteStore.com account or using another 3rd party account.

2. You will not spam any newsgroups or discussion lists with a URL that is currently hosted on the InstanteStore.com platform.

3. If we receive any complaints against you concerning spam, we investigate the matter. If we find that you sent out unsolicited commercial e-mail using your InstanteStore.com account or your InstanteStore.com URL is promoted in this way, your account will be suspended until we receive clarification from you. We may charge a one-time service fee not exceeding US$100 for undergoing these investigations.

4. InstanteStore.com retains the right to cancel any account if we find that you have infringed our anti-spam policy. There will be no refunds issued for remaining service fees for any accounts cancelled in this manner.

5. In short, DO NOT SPAM!

Privacy

InstanteStore.com value your privacy. We will never sell, rent, giveaway or share personally identifiable information about you or your business to any third party without first receiving your permission, and all uses of any personally identifiable information about you and your business will be subject to our Privacy Policy. InstanteStore.com uses Secure Socket Layers (SSL) software to protect all your personal information (credit card number, name, and address). SSL encrypts all this information as it is transmitted over the Internet.

Our Rights and Obligations

1. Merchant Site Content Changes

We will only execute any changes to your Merchant site upon written request by you, the Merchant to our Support team to make any changes to your site. Written request can be sent to us via emails to support@instantestore.com. We also have the right to make changes to your site if you breach any of the provisions of this Agreement with sufficient notice and reasonable time period provided to you, to rectify the infringing content (as determined by InstanteStore's sole discretion). If you fail to conform to InstanteStore.com's satisfaction, then InstanteStore.com may make changes to the Merchant site to bring it in compliance with this Agreement. Merchant is not to hold InstanteStore.com liable for any foreseeable, unforeseeable, direct, indirect consequences that may result from the changes made by our Support team to Merchant site in response to Merchant's request to do so or in response to a Merchant site that breaches this Agreement. InstanteStore.com's decision is final and binding. Notwithstanding the above, InstanteStore.com also reserves the right to discontinue the provision of any or all aspects of the InstanteStore solution to any member for any breach of this agreement.

2. Informing Merchants on Changes

Once you sign up for the InstanteStore solution, you will receive an email from us. You may opt to unsubscribe the email but InstanteStore.com reserves the right to inform all Merchants regardless of their email subscription on important information such as service outages, material changes or modifications to the solution, latest development as well as changes to the Signup Agreement.

Term and Termination

1. Term

This agreement shall be effective when you enter your credit card details and choose to signup for the InstanteStore solution and shall continue until you terminate your InstanteStore account by submitting a support ticket to our billing department at http://ticket.instantestore.com and receiving a confirmation from us.

2. Termination by Merchant

You may terminate this Agreement anytime you wish. However, all fees already paid to eSolved MSC Sdn. Bhd. are not refundable. Once you choose to terminate your InstanteStore account by submitting a billing support ticket at http://ticket.instantestore.com and receiving a confirmation from us, you will no longer be liable for any further charges for the solution.

3. Termination by InstanteStore.com

InstanteStore.com reserves the right to discontinue any or all aspects of the InstanteStore solution or restrict your use of the solution in whole or in part for any breach of this Agreement by you at any time without prior notice; or if InstanteStore.com determines in its sole and exclusive discretion that terminating your use of the InstanteStore solution is necessary for security reasons, for proper continued operation of InstanteStore or for whatsoever reasons deemed appropriate by InstanteStore; or if your use of InstanteStore solution is not for a legitimate business purpose, violating any rules or regulations; or if InstanteStore.com receives information that the use of InstanteStore solution (or any part thereof) may violate any third party right.

InstanteStore.com may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the InstanteStore solution or restrict your use of the solution in whole or in part for InstanteStore's convenience.

If, at any time, the credit card number that you provided to InstanteStore expires, or if we are unable to charge valid charges to that credit card number, or if you fail to make payments due to InstanteStore hereunder after a ten (10) days notice, then InstanteStore reserves the right to modify or discontinue any or all aspects of the InstanteStore solution.

All rights granted to you, the Merchant, under this Agreement would be terminated upon termination of this agreement. Following such termination or suspension, you agree not to reregister for or otherwise access the InstanteStore solution without InstanteStore's written approval. Upon termination of this Agreement, InstanteStore reserves the right to delete any data files associated with your use of the InstanteStore solution. However, you are still liable for the full charge for the period during which we terminate or suspend your InstanteStore solution.

Variations to the Terms and Conditions

InstanteStore.com may at any time, with notice of not less than thirty (30) days, change its fees and the terms of this Agreement. Except for the addition of new tools and services, InstanteStore will also give a reasonable time period before any modification of the then-current Instantestore that could change your Merchant site. With regards to the changes in fees and charges, they will be posted clearly on the 'Home' page on our website. InstanteStore.com will also be sending you an email or even send you a letter informing you of the change. If you find any change unacceptable, you are free to terminate this agreement. Your continued use of the InstanteStore solution after the effective date of a change constitutes your continued acceptance of the new terms and conditions of this Agreement, the InstanteStore solution as well as its fee schedule.

Indemnification

You agree to indemnify InstanteStore.com and hold InstanteStore.com harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from:

• Your misuse of the InstanteStore solution contrary to, prohibited and restricted under this Agreement
• Infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Merchant site
• Breach of this Agreement
• Any obscene or libelous material posted on your Merchant site

Third Party Rights Violations

If complaints of a violation of third party rights arise with regards to your Merchant site, then InstanteStore.com will have to investigate on the validity of the complaints. If the complaint is valid, then the issue will have to be dealt with accordingly and it will be considered a breach of this Agreement.

Proprietary Rights

As between the parties, Instantestore.com acknowledges that it claims no proprietary rights in Merchant's information or any intellectual property right contained therein. As between parties, you, the Merchant, acknowledge and agree that InstanteStore.com and its licensors own all right, title and interest in:

• The InstanteStore solution
• The technology available on the InstanteStore solution
• And all content, including but not limited to text, software, music, photographs, video, graphics, or other material contained or maintained on the InstanteStore solution, excluding all Merchant information.

You agree also that the content and technology behind the InstanteStore solution is protected by international copyrights, trademarks, service marks, patent, or other proprietary rights and laws; which means that you are only allowed to use InstanteStore content and technology only as expressly authorized by InstanteStore.com and its licensors. You should understand and agree that the compilation, collection, selection, arrangement, assembly and coordination of all content available on the InstanteStore solution are exclusive property of InstanteStore.com and its licensors and it is rights protected. Therefore, unless expressly authorized by InstanteStore.com, you may strictly only use it for your internal business and data-gathering purposes.

Limitation on Liability

You are solely responsible for the proper conduct of your business and all other matters under your control. InstanteStore.com, our affiliates, service providers, employees, or licensors or any other party involved in creating, producing or delivering the InstanteStore.com service, technology that powers the solution or content available on the InstanteStore.com (the Team) will not be liable to you in any manner, regardless of the type of claim or the nature of the cause of action.

The Team will not be liable to you for any decision made or action or non-action taken by you in reliance upon the information provided through the InstanteStore services; for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenues and loss of profits, even if InstanteStore.com has been advised of the possibility of such damages.

Warranties

If a Merchant is, in any way, dissatisfied with the InstanteStore.com services available, then InstanteStore.com warrants that, upon a written notice from you, the Merchant, this agreement is void. This is sole and exclusive remedy for any breach of the above warranty.

Disclaimers

InstanteStore.com and the Merchant are two (2) separate entities; therefore opinions and views expressed in any Merchant site do not reflect that of InstanteStore.com. We do not verify, vouch, review or otherwise endorse the content on any Merchant site. The Merchant is solely responsible for the content and everything else contained on their own site. Merchants may be held legally liable for the contents of their site should the content contain any defamatory comments or material protected by copyright, trademark, patent or trade secret or other laws without the permission of the author or owner.

InstanteStore.com is not responsible for the delivery or quality of any goods or services sold or advertised through InstanteStore.com, affiliate program or through the Merchant site.

Except for the clause stated on the 'Warranties' section, InstanteStore.com and its licensors makes no other warranties or representations of any kind with respect to the InstanteStore.com service. No warranty is given that the InstanteStore.com services or technology is error-free. InstanteStore.com and its licensors disclaim any warranty of title or any other warranties for any third party's offering(s) or product(s).

InstanteStore.com does not guarantee that its security procedures taken will prevent the loss of, alteration of, or improper access to your information. InstanteStore.com and its licensors are in no way responsible for invalid destinations and transmission errors in, corruption of, or the security of your information carried over inter exchange carriers', local exchange carriers, or other providers' facilities.

The content (text and graphics) appearing on Instantestore.com service may include technical inaccuracies, typographical errors and out-of-date information; therefore you expressly assume all risk for such use of the InstanteStore.com service, solution and technology.

InstanteStore.com may provide links to other websites or resources. You acknowledge and agree that InstanteStore.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites and resources. You also agree that InstanteStore.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused or in connection with use of or reliance on any such content, goods or services available on such external third-party sites.

Miscellaneous

This agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

In the event of a dispute, eSolved MSC Sdn. Bhd. agrees to a friendly mediation to resolve it. If mediation is not successful, then we agree to binding arbitration to be conducted in Penang, Malaysia. This agreement shall be governed by and construed according to the laws and jurisdiction of the country of Malaysia.