Date of Last Revision: May 19, 2015
Service provided to persons 18 yrs of age or older or
to persons under the age of 18 with parent or guardian’s signature.
Create A Shoppe Online Store & Website Builder is provided under the terms and conditions of this online agreement and any amendments thereto and any rules or policies.
Please read this entire agreement carefully. By subscribing to services offered by Create A Shoppe you are agreeing to be bound by the terms and conditions of this agreement, and your use of the services constitutes acceptance of this agreement. Create A Shoppe (“The Service Provider”) reserves the right, to change, modify, add or remove all or part of the this agreement at any time. Changes take effect immediately after posted.
Please allow approx. 24-48 hours from the time you sign up and the nameservers for your domain have been set for your account to be setup. You will receive an email from us with all the necessary information and tools for you to begin building your new website. If you are transferring from another host and have requested a temporary account so that your current site can remain open, your account will normally be activated within 24 hours. If you have any questions or concerns about your new website, or for some reason do not receive your welcome email within 48 hours, please do not hesitate to email us at email@example.com
Customer service is provided free of charge to all clients. A live person can not be available 24 hours per day 7 days a week however we will respond to all emails and support tickets within 24-48 hours including weekends and holidays. If you have an emergency please call 1-800-525-2196. If we are unavailable please leave a voicemail and we will return your phone call or respond via email as soon as possible. Please take advantage of our help desk ticket system, FAQS, knowledge base and Live Chat service when possible.
New accounts must pay for service before the account is created. Accounts are then billed automatically on or about the same date that the account was created for as long as you have your website with us. In the event of a problem with a payment you will be notified by email and asked to resolve the problem. Any account 7 days or more past due will be suspended for nonpayment. This will result in all services for the account, including website and email, ceasing to function. If you need to make arrangements to prevent your service from being suspended please email firstname.lastname@example.org and we can assist you. If we do not hear from you and your account is at the 7 day mark we will not send a warning email, your account will be suspended. If your account is suspended your website will remain inactive on our servers for 30 days and can be opened again once payment is made. After 30 days your files and website data will be removed. If an account is terminated due to nonpayment, the past due balance must be paid before the account will be activated again.
Cancellation requests can be submitted via email to email@example.com. Due to the nature of our service, Create A Shoppe does not issue refunds based on early cancellation of your account. Once payment is received for an account, that account is considered under contract for services provided by Create A Shoppe for the term you have paid, monthly, quarterly, 6 months, yearly or our down payment option. This applies if you cancel your service early or if your service is cancelled by us due to a violation of our terms of service. NO REFUNDS..NO EXCEPTIONS!
Refusal or Cancellation of Service
Create A Shoppe reserves the right to refuse or cancel service with anyone for any reason, without notice or liability for any consequences as a result of termination.
COPYRIGHT/CREDIT/WEBSITE BUILDER SOFTWARE
All websites hosted with Create A Shoppe must leave the copyright and “Powered By Create A Shoppe” in tact and displayed on all pages of the website. If you are using a custom template and the designer has removed this information then you must add text on the bottom of your homepage or a banner linking to www.createashoppe.com. Removing any portion of the copyright or “powered by” violates our terms of service. We will add this back for you if you are unable to do so yourself.
Please note if you cancel your service with us and move to another host you may NOT take our website builder files or templates with you. You do not own the website builder files or templates and this would be a direct violation of our Terms. We will pursue legal action against the host and or you if we discover this has happened and the files are not removed immediately. If you purchased a custom template from a designer to work with our website builder you do own that template only and have the right to take it with you to a new host. Do NOT attempt to remove the website builder files, or built in templates, or allow the new host to do so. We reserve the right to terminate your account immediately in this situation.
CREATE A SHOPPE DESIGNERS
Create A Shoppe Designers are independent third parties (“Designers”) that can help you design and manage your Create A Shoppe store. Create A Shoppe does not employ Designers and is in no way affiliated with the Designers.
Create A Shoppe does not endorse Designers and takes no responsibility for any work performed by Designers or failure to perform.
Under no circumstances shall Create A Shoppe be liable for any direct, indirect, or other damages whatsoever that result from any contractual relationship between you and Create A Shoppe Designers. These limitations shall apply even if Create A Shoppe has been advised of the such damages.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CREATE A SHOPPE, ITS EMPLOYEES, OR LICENSORS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CREATE A SHOPPE, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO US WEBSITE BUILDER RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT CREATE A SHOPPE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM CREATE A SHOPPE AND ITS AFFILIATES. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, NOR SHALL CREATE A SHOPPES’ LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU DURING THE ONE (1) MONTH PERIOD PRIOR TO WHEN THE ACTION AROSE. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Create A Shoppe
1214 SE 12th Ter
Cape Coral, Fl 33990