online shopping cart
Acceptable Use Policy
By signing up with
ROIcart.com, you agree to the following Acceptable Use
Policy.
1. Scope
This Acceptable Use Policy (this "Policy") governs the usage
of ROIcart. ("ROIcart") products and services (the
"Services"). This Policy is incorporated by reference into
each contract ROIcart enters into with a client (each, a
"Client") for the use of such Services. ROIcart may modify
this Policy at any time without notice. In addition, this
Policy is incorporated by reference into the Terms and
Conditions applicable to ROIcart's Website so that no person
who utilizes ROIcart's Website (regardless of whether that
person is a Client) may take any action utilizing ROIcart's
Website that a Client would be prohibited to take utilizing
the Services.
2. Purpose
The purpose of this Policy is to enhance the quality of the
Services and to protect ROIcart's customers, and the
Internet community as a whole, from illegal, irresponsible,
or disruptive Internet activities. This Policy applies to
each Client and its employees, agents, contractors or other
users of such Client who obtain Services from ROIcart (each
such person being a "User"). Each User should use common
sense and good judgment in connection with the Services.
Parents or guardians should always supervise minors in using
the Internet. Parents and guardians should remain aware at
all times of what is on the Internet and how the minors
under their care are using the Services and the Internet.
3. Prohibited Users
Users may not:
a. Utilize the Services to send mass unsolicited email to
third parties. Provided, however, that Users may use
software programs or services provided by ROIcart to send
unsolicited commercial email so long as the User ensures
that such transmissions comply with all applicable
regulations, rules and laws, including, without limitation,
the U.S. CAN-SPAM Act of 2003
b. Utilize the Services in connection with any illegal
activity. Without limiting the general application of this
rule, Users may not:
i. Utilize the Services to copy material from third parties
(including text, graphics, music, videos or other
copyrightable material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the
patents, copyrights, trademarks or other intellectual
property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs,
illegal gambling, obscene materials or other any products or
services that are prohibited under applicable law;
iv. Utilize the Services to export encryption software to
points outside the United States in violation of applicable
export control laws; or
v. Utilize the Services in any manner that violates
applicable law.
c. Utilize the Services in connection with any tortuous or
actionable activity. Without limiting the general
application of this rule, Users may not:
i. Utilize the Services to publish or disseminate
information that (A) constitutes slander, libel or
defamation, (B) publicizes the personal information or
likeness of a person without that person's consent or (C)
otherwise violates the privacy rights of any person.
ii. Utilize the Services to threaten persons with bodily
harm, to make harassing or abusive statements or messages,
or to solicit the performance of acts or services that are
illegal under applicable law.
d. Utilize the Services in connection with any other
disruptive or abusive activity. Without limiting the general
application of this rule, Users may not:
i. Utilize the Services to cause denial of service attacks
against ROIcart or other network hosts or Internet users or
to otherwise degrade or impair the operation of ROIcart's
servers and facilities or the servers and facilities of
other network hosts or Internet users;
ii. Post messages or software programs that consume
excessive CPU time or storage space;
iii. Utilize the Services to offer mail services, mail
forwarding capabilities, POP accounts or autoresponders
other than for the User's own account;
iv. Utilize the Services to resell access to CGI scripts
installed on ROIcart's servers;
v. Utilize the Services to subvert, or assist others in
subverting, the security or integrity of any ROIcart
systems, facilities or equipment;
vi. Utilize the Services to gain unauthorized access to the
computer networks of ROIcart or any other person;
vii. Utilize the Services to provide passwords or access
codes to persons not authorized to receive such materials by
the operator of the system requiring the password or access
code;
viii. Utilize the Services to (A) forge the signature or
other identifying mark or code of any other person, (B)
impersonate or assume the identity or any other person, or
(C) engage in any other activity (including "spoofing") to
attempt to deceive or mislead other persons regarding the
true identity of the User (excluding the use of anonymous
remailers or Internet nicknames);
ix. Utilize the Services to distribute or post any virus,
worm, Trojan horse, or computer code intended to disrupt
services, destroy data, destroy or damage equipment, or
disrupt the operation of the Services;
x. Utilize the Services to conduct port scans or other
invasive procedures against any server (except any server
for which the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote
software or services that have the primary purpose of
encouraging or facilitating unsolicited commercial email or
spam;
xii. Utilize the Services to solicit or collect, or
distribute, advertise or promote, email address lists for
the purpose of encouraging or facilitating unsolicited
commercial email or spam;
xiii. Utilize the Services in any manner that might subject
ROIcart to unfavorable regulatory action, subject ROIcart to
any liability for any reason, or adversely affect ROIcart's
public image, reputation or goodwill, including, without
limitation, sending or distributing sexually explicit,
hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by ROIcart in its sole
discretion;
xiv. Use any third party software that impairs, disrupts,
destroys, or otherwise damages or has potential to damage
ROIcart's servers and facilities or the servers and
facilities of other network hosts or Internet users; or
xv. Utilize the Services in any other manner to interrupt or
interfere with the Internet usage of other persons.
4. Violations
a. Disclaimer. ROIcart expressly disclaims any obligation to
monitor its Clients and other Users with respect to
violations of this Policy. ROIcart has no liability or
responsibility for the actions of any of its Clients or
other Users or any content any User may post on any Website.
b. Reporting Non-Copyright Violations. ROIcart encourages
Users to report violations of this policy by email,
including in any such report the name of the offending
domain (for example, xyz.com) and the type of abuse (for
example, spam, illegal acts, harassment, etc.) in the
"subject" field of the email.
c. Reporting Copyright Violations. ROIcart complies with the
Digital Millennium Copyright Act ("DMCA"). ROIcart
encourages Users to report an alleged copyright infringement
involving a user by sending a notice that complies with the
DMCA to:
DMCA Notices
Website Pros, Inc.
12735 Gran Bay Parkway West
Jacksonville, FL 32258
d. ROIcart reserves the right to suspend or terminate any
customer pursuant to any valid DMCA complaint. Furthermore,
ROIcart, in its sole discretion, may suspend or terminate
without notice, any User that ROIcart determines is a repeat
copyright infringer.
e. Remedies. If ROIcart learns of a violation of this
Policy, ROIcart will respond to the applicable Client and
may, in ROIcart's sole discretion, take any of the following
actions, in accordance with the severity and duration of the
violation:
i. Warning the Client;
ii. Suspending the offending Client from the Services;
iii. Terminating the offending Client from the Services;
iv. Imposing fees or charges on the offending Client account
in accordance with the applicable service contract;
v. Removing the offending content or service; and
vi. Taking other action in accordance with this Policy, the
applicable service contract or applicable law.
5. Reservation of Rights
ROIcart reserves the right to cooperate with appropriate
legal authorities in investigations of claims of illegal
activity involving ROIcart's Services, Clients and other
Users. ROIcart reserves all other rights to respond to
violations of this Policy to the extent of applicable law
and in accordance with any applicable contractual
obligations. ROIcart may utilize technical means to monitor
communications into, and out of, its network facilities to
prevent the introduction of viruses or other hostile code,
to prevent intrusions and otherwise to enforce this Policy
and each Client agrees that ROIcart is authorized to monitor
its communications through ROIcart's network for such
purposes.
Version 1.0
10/31/2007
