The use of services from Control Panel Solutions, Inc.,(DBA: BuycPanel) [hereafter referred to as "Provider"] constitutes agreement to these terms.
1) Content
All services provided by
Provider may only be used for lawful purposes. The laws of the State
of CALIFORNIA,
and the United States of America
apply.
The customer agrees to indemnify and hold harmless Provider from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Provider services, including all related equipment, networks and network devices are provided only for authorized customer use. Provider systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
2) Payment Information
You agree to supply
appropriate payment for the services received from Provider.
An
invoice for the service provided will be emailed to the client 3 days
before the next billing due date. You agree that until and
unless you notify Provider of your desire to cancel any or all
services received, those services
will be billed on a
recurring basis
automatically to your credit card or
PayPal account on file.
3) Cancellations and
Refunds
Cancellations must
be done in writing via the cancellation process on our website at
http://buycpanel.com/cancellicense.php
. Cancelations must be made atleast one (1) day before your
service due date. Cancelations sent in on or after your
service
due date will not be subject to a refund. Once we receive
your
cancellation notice and have confirmed all necessary information we
will inform you by e-mail that your account has been canceled.
As a client of Provider, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Provider provides a five (5) day grace period from the time the invoice is due and when it must be paid. When an invoice is five (5) days past due the specific service(s) associated with that invoice will be suspended until payment is received. Provider reserves the right to change the monthly payment amount and any other charges at anytime with thirty (30) days written notice to the client. Violations of the Terms of Service will waive the refund policy.
4) Indemnification
Customer agrees that it shall
defend, indemnify, save and hold Provider harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against Provider, its agents, its customers,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold
by customer, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Provider against liabilities
arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with Provider;
(2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to customers from
Provider's server.
5) Arbitration By using any Provider services, you agree to submit to binding arbitration. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider's choice. An arbitrator from the American Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
6) Disclaimer
Provider shall not be responsible
for any damages your business may suffer. Provider makes no
warranties of any kind, expressed or implied for services we provide.
Provider disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions
caused by Provider and its employees.
7) Disclosure to law
enforcement
Provider may
disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful
request from such agencies. We will cooperate fully with law
enforcement agencies.
8) Choice
of Law; Venue; Jurisdiction
This
Agreement will be governed by and interpreted in accordance with the
laws of the State of California without regard to the conflicts of
laws principles thereof. Any dispute or claim arising out of
or
in connection with the Agreement shall be finally settled and
exclusively by the state or federal courts located in Orange County,
California. For purposes of this Agreement, you and cPanel
hereby irrevocably consent to exclusive personal jurisdiction and
venue in the federal and state courts in Orange County,
California.
9) Account
Security
If any of the Services on the Site
require you to create an account, you must complete the registration
process by providing us with true, current, complete and accurate
information as prompted by the applicable registration form, and you
will maintain and promptly update such information to keep it true,
current, complete and accurate. You must select a password
and
a username. Provider may provide you with tools to assist you
in
evaluating the strength of the password you select to access the Site
and Services, but we cannot guarantee that such password will provide
absolute protection. Additionally, we are not responsible for
the protection of any password you use to sign up to any of our
newsletters and mailing lists. We will periodically email you
the password you use for such newsletters and mailing lists so that
password will be inherently insecure. You should use a
different password for your account other than the password you use
for our newsletters and mailing lists.
You are responsible for
maintaining the confidentiality of your password and account.
Furthermore, you are responsible for any and all activities that
occur under your account. You agree to notify Provider
immediately of any unauthorized use of your account or any other
breach of security. Provider will not be liable for any loss
that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you
could be held liable for losses incurred by Provider or another party
due to someone else using your account or password. You may
not
use anyone else’s account at any time. If you
provide any
information that is false, inaccurate, out of date or incomplete, or
if Provider has reasonable grounds to suspect that such information
is false, inaccurate, not current or incomplete,Provider may suspend
or terminate your account and refuse any and all current or future
use of the Services, the Site or any portion thereof.
10) Payment Methods Accepted
We proudly accept payments from the following: Visa, Mastercard, American Express, and Discover Card. Other forms of payment are accepted if you do not wish to use your credit card for online purchasing. We accept PayPal. We accept bank wire transfers. Wire transfers are released for shipment upon verification from our bank..
9) Changes to the TOS
Provider reserves the right
to revise its policies at any time without notice.
How To Contact
Us
Should you have other
questions or concerns about these privacy policies please send us an
email at
sales@buycpanel.com.
