End-Users
License Agreement
This
End-User License Agreement ("EULA") is a legal agreement between you
(individual or single entity) and Cashline.cc (herein referred to as
"Cashline.cc") for the use of the Cashline.cc software accompanying this EULA,
which includes Cashline.cc computer software and online or electronic documentation
(herein referred to "Software"). By exercising your right to use the
Software, you agree to the terms of this EULA. If you do not agree to the terms
of this EULA, do not complete the order at this time.
SOFTWARE SERVICE LICENSE:
Subject to payment of applicable license fees, Licensor grants Licensee a non-exclusive
and non-transferable license to use the executable code of the Software Product
and accompanying documentation according to the terms and conditions of this
Agreement. The Software Service is protected by copyright laws and international
copyright treaties as well as other intellectual property laws and treaties.
The Software is delivered as a service and is licensed (rented), not sold.
RIGHTS OF SERVICE:
Cashline.cc grants you a nonexclusive, royalty-free right to use ONE COPY of the Software.
Your one copy may be used for multiple Affiliate Programs accross multiple domain
names. Code will be installed by licensor on Licensee's website upon request,
and at a fee, to initiate functionality of the Software from Licensor's computer
servers. The licensor reserves the right to refuse a license of Software Product
to a licensee for reasons such as, but not limited to, licensee is promoting
controversial material, product or service, if licensee is doing anything suspected
to be illegal. In such a case, licensor will refund the full purchase price
of the Software Product to the Licensee within 30 days of the notice of refusal
to license Software Product to licensee. Licensee will be given a 30 day unconditional
money back guarantee beginning immediately after purchase of software. After
30 days has passed, Lincensee will not be eligible for refund of purchase.
COPYRIGHT:
All title and copyrights in and to the Software (including but not limited to
any image, photographs, animations, video, audio, music, or text incorporated
into the Software) are owned by Cashline.cc, LLC - www.Cashline.cc.
The Software Service is protected by
copyright laws and international treaty provisions. Therefore, you must treat
the Software like any other copyrighted material.
OTHER RESTRICTIONS:
This EULA is your proof of license to exercise the rights granted herein and
must be retained by you. You may not reverse engineer, decompile, or disassemble
the Software except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
NO SPAM POLICY:
Cashline.cc does not and will not tolerate the sending of unsolicited email messages
and will prosecute all offenders to the fullest extent of the law.
You must immediately terminate any Affiliate found in violation of this policy.
This includes but is not limited to Affiliates that use the Mailing List Manager,
Autoresponders, or Refer-a-Friend Service, and Affiliates who use their own
email programs/accounts to send unsolicited mailings regarding your Affiliate
Program or your products/services. If you do not immediately terminate such
Affiliates, Cashline.cc reserves the right to do so.
You will be found in violation of this policy if you send unsolicited mailings
using any portion/feature of the Software/Service including an Affiliate Link,
or if you allow your Affiliates to send unsolicited mailings. Violation of this
policy is terms for immediate termination and refusal of future use.
Cashline.cc strictly prohibits
harassment, whether through language, frequency, or size of messages. Forging
of header information is not permitted.
Cashline.cc does not allow remote
posting to the subscriber database by 3rd Party List generator such including
but not limited to co-registration services.
Cashline.cc does not allow
unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail"
sent to persons who have otherwise not requested to receive such mail. Please
note that this includes FFA page submission lists, or any other bulk list of
recipients that have not specifically asked to receive email from you, including, but not limited to: sending unsolicited commercial email, sending
any message to a recipient who did not request it, cross-posting messages to
a large number of newsgroups or discussion groups, using a Cashline.cc account
in association with any FFA pages, safe lists or mass distribution resources.
If you violate this policy you will be subject to the following actions:
- Your account will immediately
be terminated without notice and without any refund.
- You will lose all access
to your account and databases and will have no opportunity to retrieve any
data from your existing contacts.
- You will be charged
a $50 administrative fee for every SPAM complaint we receive.
- You will be reported
to online anti-spam organizations, your own ISP, and the legal authorities
for possible prosecution.
- You will be held financially
responsible for any damages incurred to the Cashline.cc service as a result
of your violation of the SPAM policy, including, but not limited to, loss
of web host, transferring fees, damages for lost clientele, and lost fees
for "downtime" due to spam complaints.
This agreement also strictly
prohibits you from using autoresponders as a default email addresses for any
of your Cashline.cc account settings. This includes your Merchant Account Settings,
your Affiliate Account Settings, and your Defualt Email Settings. The use of
an autoresponder for one of these will cause problems with our system and will
be grounds for suspension of your account, without warning, until the matter
is resolved.
TECHNICAL SUPPORT:
Cashline.cc offers free incident-based support to resolve installation issues,
product usage, and troubleshooting. Cashline.cc will supply technical support
via email as it pertains to the Cashline.cc Software Service. Integration of
Products and maintaining the integrity of the integration is the responsibility
of the Licensee.
Upon receipt of the support request, a Cashline.cc.com support technician will
identify the nature of the reported problem and suggest a proper course of action.
This may include a referral to the product documentation, Help Files or Frequently
Asked Question (FAQ) lists on the Cashline.cc.com web site. If the problem is
identified as being either a third party module issue or an ISP/IHP issue, Cashline.cc
Support will refer the merchant to the appropriate source for a solution.
DATA STORAGE:
The software and data for the Cashline.cc Software will be hosted on Cashline.cc
servers. Cashline.cc.com does not warrant that your use of the Product will
be uninterrupted or that the operation of the Product will be error-free or
secure. In addition, the security mechanisms implemented by Cashline.cc have
inherent limitations, and you must determine that the Service sufficiently meets
your requirements.
While Cashline.cc shall make every reasonable effort to protect and backup data
for Licensee on a regular basis, Cashline.cc is not responsible for Licensee's
data residing on Cashline.cc.com's servers. Licensee is responsible for making
and keeping current copies of Members and their related information. Licensee
is responsible for all use of Licensee account and confidentiality of Licensee
password and information.
DATABASE USAGE
:
Standard accounts are limited to 10,000 database records for a low monthly
fee of $45. Additional database records added to your account will be billed
at just $10 per 10,000 additional records (rounded up to the nearest 10,000).
DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABLITY, INDEMNIFICATION
Cashline.cc will utilize its best efforts to maintain acceptable performance
of services, but Cashline.cc makes absolutely no warranties whatsoever, express
or implied, including warranty of merchantability or fitness for a particular
purpose. Cashline.cc cannot guarantee continuous service, service at any particular
time, or integrity of data stored or transmitted via its system or via the Internet.
Cashline.cc will not be liable for the inadvertent disclosure of, corruption
or erasure of data transmitted or received or stored on its system. Cashline.cc
shall not be liable to Licensee or any of its customers for any claims or damages
which may be suffered by Licensee or its customers, including, but not limited
to, losses or damages of any and every nature, resulting from the loss of data,
inability to access the Software, or inability to transmit or receive information,
caused by, or resulting from, delays, nondeliveries, or service interruptions
whether or not caused by the fault or negligence of Cashline.cc.
Licensee agrees that it shall defend, indemnify, save and hold harmless from
any and all demands, liabilities, losses, costs, claims, including reasonable
attorney's fees, ('Liabilities') against Cashline.cc.com, its agents, its customers,
servants, officers, or employees, that may arise or result from any services
provided, performed or agreed to be performed or any product sold by Licensee,
its agents, employees or assigns.
Licensee agrees to defend, indemnify and hold harmless Cashline.cc against Liabilities
arising out of any injury to person or property caused by any products sold
or distributed in connection with Cashline.cc's server; and material supplied
by Licensee infringing or allegedly infringing on the proprietary rights of
a third party; copyright infringement and any defective product which Customer
sold on ThirdSphereHosting.com's Server. As a result of this, Licensee agrees
that Cashline.cc shall not be liable to Licensee for any claims of actual, compensatory
and/or consequential damages which may be suffered by Licensee, including, but
not limited to, losses or damages due to the loss data resulting from delays,
non deliveries, or service interruptions caused by the fault or negligence of
Cashline.cc.
Notwithstanding the above mentioned, Licensee's exclusive remedies, damages,
losses and causes of actions shall not exceed the aggregate dollar amount which
Licensee paid during the term of this Agreement. These terms and agreements
may be changed without any prior notice.
HIGH RESOURCE POLICY:
While Cashline.cc has no pre-set limits on email bandwith and usage, any
user that is deemed as impairing the performance of our servers either by high
disk utilization, high bandwidth usage, or high CPU usage will be entered into
our "High Resource Customer" program. High Resource users are users
that use an excessive amount of system resources such as bandwidth, storage
or CPU utilization. It is Cashline.cc's sole digression to decide which users
are "High Resource" users.
Users who have been deemed
as a "High Resource Customer" will be subject to the following:
Cashline.cc will charge
your credit card on file $300.00 as a security deposit per occurrence of our
HRP or violation of any of our rules. If the violation is deemed to be an "honest
mistake" and the situation is corrected within 30 days, the $300 will be
refunded. Otherwise, your account will be closed and no refunds will be given.
Cashline.cc's Services May Only be Used for Lawful Purposes:
Transmission, distribution, or storage of any information, data or material
in violation of United States or state regulation or law, or by the common law,
is prohibited. This includes, but is not limited to, material protected by copyright,
trademark, trade secret, or any other statute.
Cashline.cc reserves the
right to remove such illegal material from its server immediately. Cashline.cc
expressly forbids anyone from using Cashline.cc's servers for the propagation,
distribution, housing, processing, storing, or otherwise handling in any way
lewd, obscene, or pornographic material, satanic material, or any other material
which we deem to be objectionable. The designation of any materials as such
described above is left entirely to the discretion of the Web Hosting Network
management.
Unlawful and/or Unethical Use:
Cashline.cc does NOT allow users that provide points of distribution, or
links to the following types of sites:
- Adult Sites - Any erotic
or pornographic material, links to adults sites, or advertisements for adult
sites.
- Pirated Software (Warez)
- Any software that is copyrighted and not freely available for distribution
without cost. Including: ROMs, ROM Emulators, Mpeg Layer 3 files (MP3) and
DVD Videos.
- Hacking / Phreaking -
Includes sites with material, links, or resources for Hacking, Phreaking,
Viruses, Anarchy, or any type of site that promotes the destruction or compromises
the integrity of Web Hosting Network.
Cashline.cc Services are Intended for the End User Only:
Customers cannot sublease, subhost, or give away control of any portion
of Cashline.cc's Network's resources. For customers who do wish to sublease
the service, Cashline.cc offers a very competitive partner program.
Payment Policies:
All accounts are setup automatically and billed in real time. Confirmation
emails should arrive within 15 minutes to the email specified in your online
signup form.
Cashline.cc may run a transaction
at least 5 days in advance to antisapate a declined credit card. This will give
the customer at least 4 days from the due date to run the transaction. If the
transaction is run at least 3 times, and the client fails to update the credit
card, the account will be suspended and or terminated without further notice.
In some cases if a problem
arises with the account, the user will be notified via e-mail.
All new accounts are billed
on a prepay basis every 30 days, and will be charged automatically to the card
number on file. If for any reason the card does not clear with the bank on three
attempts, the account is subject to suspension. Any account not brought current
within a week of e-mail notice or exceeding this time frame in any way is subject
to suspension. If a bank 'charge back' is processed against our account, the
account in question will be terminated immediately.
The customer is responsible
to keep credit card on file up to date which includes the expiration date, and
sufficient funds to cover account fees. All credit cards run though merchant
account and are declined for any reason are charged a $20 reactivation fee.
Cashline.cc accepts Visa, MasterCard, American Express & Discover cards.
In the event the credit
card does not clear with the bank, the customer will be notified by e-mail.
Past due accounts that are not brought current within 5 days of the e-mail notice
are subject to suspension and possible account termination.
At no time will Cashline.cc
allow an account to be operational past the last day of the pre-paid date of
services. If user fails to update the account information, Cashline.cc will
suspend the account without further notice and consider the account closed.
Service fees do accrue during any period of suspension.
Cancellation:
Cashline.cc reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by Cashline.cc if Cashline.cc
institutes its right of cancellation. Refunds will be issued within 2 billing
cycles on the same credit card used at signup.
If cancellation is caused
by customers violation of these policies, then no refund will be disbursed.
Customers can cancel service
any time. Accounts can be canceled by the account holder at any time via the
Support Tab inside your account or by contacting our Billing Department. This
must be done by the credit card holder. The account will remain active until
the end of the current billing period, and no refunds will be given for any
reason.
* Cashline.cc reserves the right
to revise its policies at any time without prior notification. |