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Subscription Agreement

"Access Terms and Conditions"

This agreement (the "Agreement") represents the complete agreement and understanding between #1 Shopping Cart Ecommerce Solutions and the Subscriber/Developer (the "Subscriber") and supersedes any other written or oral agreement. #1 Shopping Cart Ecommerce Solutions reserves the right to, without prior notice, modify these terms and conditions, amplify them, and/or modify the prices as well as discontinue or change services offered.

Use of our services constitutes your approval and acceptance of these terms. If you do not agree to these terms and conditions, please notify us at subscriber@foxdigital.com.

1. #1 Shopping Cart Ecommerce Solutions exercises no control whatsoever over the content of the information passing through the server. #1 Shopping Cart Ecommerce Solutions makes no warranties of any kind, whether expressed or implied, for the service it is providing. #1 Shopping Cart Ecommerce Solutions also disclaims any warranty of merchantability or fitness for a particular purpose. #1 Shopping Cart Ecommerce Solutions will not be responsible for damages the subscriber suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

2. Subscriber may not tamper with other accounts, or commit unauthorized intrusion into any part of #1 Shopping Cart Ecommerce Solutions systems they provide, or use any machines, files or accounts or intrude without authorization into any other system. Subscriber may not use #1 Shopping Cart Ecommerce Solutions services not included in subscriber's account, nor may subscriber devise ways to circumvent security in order to access services subscriber is not paying for. Subscriber may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specified type of account. Subscriber may not send unsolicited mass mailings or unsolicited subscriptions.

3. The subscriber agrees to defend, hold harmless, and expeditiously indemnify #1 Shopping Cart Ecommerce Solutions from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Agreement, and resulting from the subscriber's use of the service.

4. #1 Shopping Cart Ecommerce Solutions reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Subscriber must notify #1 Shopping Cart Ecommerce Solutions in writing to cancel service. Fees for set-up and the first month's service are not refundable. If setup fee is included or not charged as part of the price, setup fee costs are the equivalent to two months service.

If you have pre-paid for 6 months or 1-year period, you are entitled to a pro-rata refund of the remaining months in the annual period, calculated at the standard monthly rate minus setup fees for the #1 Shopping Cart Ecommerce Solutions Services, not the discounted annual rate. You must submit your termination request to #1 Shopping Cart Ecommerce Solutions in the manner described above.

5. #1 Shopping Cart Ecommerce Solutions requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payments. #1 Shopping Cart Ecommerce Solutions cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not a least eighteen (18) years of age.

6. All services must be paid in advance and billed in 3 month increment minimum. Payment due dates are indicated on your invoice. The first day of the billing period is the 15th. If payment is not received within 10 days of the due date, service will be terminated after the 14th and a re-connection fee of $25 (Standard Hosting) or $25 (Shopping Area) will be added to charges for further services. Termination of service shall not relieve the subscriber from the obligation to satisfy outstanding invoices. In the event #1 Shopping Cart Ecommerce Solutions utilizes an attorney to collect such sums, the subscriber shall be responsible for the payment of all of #1 Shopping Cart Ecommerce Solution's attorneys' fees and costs in pursuing the collection of these sums. Venue for any litigation concerning the subscriber's relationship with #1 Shopping Cart Ecommerce Solutions shall be in Pinellas county, Florida.

7. #1 Shopping Cart Ecommerce Solutions offers as part of its service, free minor changes to your account once per month. Definition of a minor change would be any single line text modification. This would include, but not limited to, phone number, email address, address, etc. We will consult you on cost and get your approval before any charges are warranted. If the subscriber is in the possession of backup copies of the site and wishes to obtain a backup with the latest changes, the subscriber must either furnish the original disks or blank disks to be copied onto. You have the option to obtain our services to backup the site to Compact Disk. See http://www.equitablebusiness.com/backup.

8. #1 Shopping Cart Ecommerce Solutions reserves the right to refer clients or potential clients subscriber's website as example site's of past creations. This can be in any form electronic or otherwise. #1 Shopping Cart Ecommerce Solutions reserves the right to insert it's company logo and/or link within the pages EB displays or add a shopping cart to as part of its promotional activities.

9. If #1 Shopping Cart Ecommerce Solutions builds your site, we reserve the right to switch to hourly billing for the page design should a site become the subject to excessive changes, deletions, additions which were not originally agreed upon the undertaking the subscriber's design. While our goal is a satisfied and happy customer and certain fine-tuning of a website is necessary. This does not however give the subscriber free and unlimited modifications to the site in it's development.

10. If we host, the subscriber is responsible for providing information to be used in the submissions to the search engines, InterNIC, etc. We will use whatever information available to us to complete the submissions unless special requests are provided in writing.

11. #1 Shopping Cart Ecommerce Solutions will provide tech support to associates and partners should they wish to provide the service of installing the shopping cart code into their clients website.

12. Partners agree provide quality service when offering to install our shopping cart code into their clients website. Associates and Partners may charge whatever they wish for this service.

13. As a Partners, you are required only to maintain a good standing relationship with the subscriber. Relationship is based on the signees satisfaction.

14. Partners receive a finders fee of 25% of the first years subscription sign up amounts. If the client subscribes for 3 months service at $90.00, the partner will receive $25.50. For 6 months service at $150.00, $37.50 and one years service at $249.00, the partner is entitled to $62.25 finders fee. A client may sign up for 3 months service then sign up again for a years service, your entitled to the 3 months commission plus a percentage of the remaining year.

15. Fees collected for service will be disbursed to representatives on the first business day of each month that were collected by the first of the previous month. In the case of a refunds these will also be reflected in each statement. You may choose to pass the 25% discount fee to your clients first years service. They will receive a 25% discount on the initial sign-up costs.

16. This Agreement represents the entire agreement between the parties and supersedes all prior agreements oral or written.

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