Service Agreement

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Effective Date: Oct 8, 2010

Welcome to the Islandermall.com Service Agreement (“Agreement”). This Agreement contains the terms and conditions under which Islandermall.com offers the “Island Store Service”, "Shopping Cart Service", "Web Publishing Service" and "Design Service" (all defined below) known as "The Services". Use of any of these services constitutes your agreement to and acceptance of this Agreement. Islandermall.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Islandermall.com Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the relevant service. Your continued use of any of the services following posting of a change notice or new agreement on the Islandermall.com Website will constitute binding acceptance of the changes.

1. Agreement.

1.1 Island Store Service. This Agreement provides the terms and conditions under which Islandermall.com provides the Island Store Service that will allow you to create, produce, market, and sell Products through shops and in the Islandermall.com Marketplace (the “Island Store Service”).

1.2 Shopping Cart Service. This Agreement provides the terms and conditions under which Islandermall.com provides the Shopping Cart Service that will allow you to create, produce, market, and sell Products through your own brand website with the option to publish to Islandermall.com site. (the “Shopping Cart Service”).

1.3 Web Publishing Service. This Agreement provides the terms and conditions under which Islandermall.com provides the Web Publishing Service that will allow you to create, produce and market your business or other services through your own website (the “Web Publsihing Service”).

1.4 Design Service. This Agreement provides the terms and conditions under which Islandermall.com provides the Design Service (the “Design Service”).

2. Island Store Specific.

2.1 Opening an Account. Only Island Store Owners have the right to use the Island Store Service. To become a Island Store Owner, you must open a Island Store account (an “Account”) with Islandermall.com through its online registration process.

2.2 Contact Information. You must provide Islandermall.com with accurate and complete contact and payment identification information when you open an Account. You must immediately notify Islandermall.com if any of this information changes. If you do not provide Islandermall.com with complete, accurate, and updated contact and payment identification information, you may not be eligible to sell Products using this service.

2.3 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify Islandermall.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Islandermall.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the Island Store Service.

2.4 Island Store Services. Through the Island Store Service Islandermall.com provides, without limitation, premium products, programs, promotions, coupons, discounts, market data, special pricing structures, the Islandermall.com Marketplace service and other fee-based services and programs (“Island Store Service”). Available Island Store Services and the terms and conditions upon which the various Island Store Services are offered are set forth on the Island Store Services section of the Website. Use of the Island Store Services constitutes your agreement and acceptance of the terms and conditions of the Island Store Services. Islandermall.com may terminate or modify any or all of the Island Store Services from time to time.

2.5 Payment of Earnings.Through the Island Store Service, Islandermall.com collects moneys on your behalf at a fee. The remittance of these moneys are detailed in the "Payment of Earnings Section of this document.

2.6 Currency. All items listed for sale on Islandermall.com must be listed in US Dollars. Islandermall.com doesn’t take any responsibility for products listed, either consciously or in error in any other currency. The Island Store Manager only accepts USD when listing.

2.7 Shipping. Once an order is placed on the website, you will be notified only by e-mail that an order has been placed. Once an order has been placed, and Islandermall.com, receives payment, "Awaiting Fulfillment" will be reflected in your Island Store Manager. You the Island Store Owner, will be responsible for shipping or delivering the orderd items from your Island Store, to the customer. All risks in so doing is the responsibility of the Island Store Owner and Islandermall.com accepts no responsibility for damage, shipments in error or otherwise.

2.8 Shipping Quotes. The shipping quotes provided are provided as-is from the relevant online companies. Additionally, the shipping information you provide Islandermall.com during sign-up is not the responsibility if Islandermall.com and you are 100% responsible for its accurancy. The accuracy of the quotation provided by online providers is dependant on the weight, length, breath and depth information you upload for each product via the Island Store Manager. Your are 100% responsible for the accuracy of this data as it affects the final price the customer pays. This does not apply, if you offer free shipping/delivery.

2.9 Verification. Islandermall.com may choose to verify the authenthicity of the information pertaining to your name & address. Your name and address will be validated by sending you a physical mail with a code with instructions for your response. Failure to respond may result in your account not being activated. Your bank account may also require validation similarly by Islandermall.com depositing a small amount to your account. You will be provided with instructions via email on file as to how to validate the precise amount which was deposited. Failure to validate this information will result in a delay of your Earnings. In this light, you are required to ensure the accurancy of your bank name and address in your Secure eService Manager portal.

2.10 System Restrictions. While Islandermall.com provides this service to you either free or at a cost, there are guiding principles which you must abide by as it pertains to use of the Island Store Manager. These include but are not limited to:-

1. Although you can set the status of an order to any value in the status list, you are only allowed to set the status to one of the following ONLY – Partilly Shipped, Completed, Shipped, Cancelled, Refunded.

2.11 Payment via Bank Deposit. Islandermall.com customers may choose to use this method of payment. Due to processing delays and the offline nature of these transaction in some countries, we only validate payments at the end of the business day. As such, this will result in the delay of the order status being changed.

2.12 Solicitation of Payment. In order to protect our customers, you shall never attempt to solicit payment from the customer directly in any form. Any attempt to solicit payment from a customer is a violation of this website terms of use and may result in immediate termination of your account without notice. Upon closure of your account, a penalty of 50% of outstanding balances will be immediately levied and the balance transferred to your preferred payment method.

2.13Out of Stock Items. While we understand that some business models require storage of inventory at remote locations, it is imperical that as an Island Store owner that you present accurate and current information about the availability of your item(s). If at anytime, in the descretion of Islandermall.com, an order is placed and payment is complete, a US$10.00 – US$30.00 fee will be levied on the island store and billed for payment for each occurance.

2.14Total Number of Items Listed. While the system doesn’t limit the number of items an Island Store owner can add, you are obligated to stay within the limit of your package. If at anytime, you are found to have gone over this amount, Islandermall.com reserves the right to remove any item(s) from your store without notice.

2. Shopping Cart Service Specific.

2.1 Opening an Account. Only Shopping Cart Service customers have the right to use the Shopping Cart Service. To become a Shopping Cart Service Customer, you must open a Shopping Cart Service Account or add to your existing account the Shopping Cart Services (an “Account”) with Islandermall.com through its online registration process.

2.2 Contact Information. You must provide Islandermall.com with accurate and complete contact identification information when you open an Account. You must immediately notify Islandermall.com if any of this information changes. If you do not provide Islandermall.com with complete, accurate, and updated contact information, you may not be eligible to use this service.

2.3 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify Islandermall.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Islandermall.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the Shopping Cart Service.

2.4 Shopping Cart Services. Through the Shopping Cart Service, Islandermall.com provides, without limitation, premium products, programs, promotions, coupons, discounts, market data, special pricing structures and other fee-based services and programs allowing you to create your own brand store ("Shopping Cart Service"). The terms and conditions upon which the Shopping Cart Services are offered are set forth on the Shopping Cart Services section of the Website. Use of the Shopping Cart Service constitutes your agreement and acceptance of the terms and conditions of the Shopping Cart Service. Islandermall.com may terminate or modify any or all of the Shopping Cart Services from time to time.

2.5 Merchant Account. You will need to establish a merchant account with a merchant account provider of your choice in order to process Credit Cards online. It is your responsibility to ensure that the service of your choice is supported by the Shopping Cart Service prior to your signup. A list of the support merchants are listed in the merchant section of the Islandermall.com website. You are responsible for all fees associated with merchant accounts. It is your responsibility to keep safe the relevant access data these providers will supply you.

2.6 Credit Card Data. You are not permitted to store any Credit Card data within the system. This is to protect the customers credit card information. Any breach of this will result in the immediate termination of your account, without refund or any gurantees or notice.

2.7 Fraud Prevention. You accept to employ various fraud prevention techniques to reduce or eliminate credit card fraud. Islandermall.com, its affiliates, business partners or other associates are not liable.

2. Web Publishing Service Specific.

2.1 Opening an Account. Only Web Publishing Service customers have the right to use the Web Publishing Service. To become a Web Publishing Service Customer, you must open a Web Publishing Service Account or add to your existing account the Web Publishing Service (an "Account") with Islandermall.com through its online registration process.

2.2 Contact Information. You must provide Islandermall.com with accurate and complete contact identification information when you open an Account. You must immediately notify Islandermall.com if any of this information changes. If you do not provide Islandermall.com with complete, accurate, and updated contact information, you may not be eligible to use this service.

2.3 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify Islandermall.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Islandermall.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the Web Publishing Service.

3. Complimentary Services.

3.1 Complimentary Books All books offered with the various services are only available after 3 months of continous service. Islandermall.com reserves the right to discontinue the offering at anytime. Additionally, your non-acceptance/return of the book or related material will not result in any refunds or discounts.

4. Your Obligations.

3.1 General. You must use The Services in a manner that demonstrates common sense and respect for the rights of Islandermall.com and third parties and in accordance with applicable laws and regulations.

3.2 Content. If you open an Account, you will be solely and exclusively responsible for ensuring that your Account, any content or materials that you submit to Islandermall.com for use with your Products (“Content”), and any websites linked to your Account pages comply with the terms and conditions of this Agreement and all applicable laws, regulations and rules. All Content must comply with the Content Guidelines as setout in this document. While Islandermall.com has no obligation to monitor the transactions or communications made through its Website, it reserves the right, in its sole and absolute discretion, to cancel any transaction or remove or limit access to any Content from the Website at any time without notice and without any liability to you or any third party.

3.3 Prohibited Content. You may not design, produce, market or sell a Product that does not comply with the Content Guidelines, as determined by Islandermall.com in its sole and absolute discretion. For example, but without limitation, you may not design, produce, market or sell a Product that Islandermall.com believes: (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity; (ii) is defamatory; (iii) is obscene or pornographic; or (iv) violates any applicable law, rule, or regulation, including, without limitation, by exploiting images or the likeness of minors.

4. Licensing Your Content to Islandermall.com.

In uploading any of your Content to the Website, you grant to Islandermall.com a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Services to design, produce, market and sell Products, and (ii) to promote, market and advertise your Products, your shops, the Islandermall.com Marketplace or the Islandermall.com Service generally. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products, (ii) promotional “streams” of audio Content on the Website, (iii) display of pages from book Products on the Website, and (iv) Product or Content placement in magazines, television shows, movies and other media. Islandermall.com may sublicense the rights that you grant it in this Section. This Section only gives Islandermall.com the right to use your Content for the purposes stated above, and does not give Islandermall.com ownership of any of your Content.

For Islandermall.com to provide The Services, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing any of The Services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website or Island Store.

5. Product Creation.

5.1 Delivery of Content. You will upload to Islandermall.com all Content that you want to use with the Island Store Service in accordance with the applicable instructions on the Website. Islandermall.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with The Services more specifically with Island Store Service.

5.2 Approvals and Consents. You must have all necessary approvals and consents to use all Content and, if requested by Islandermall.com, you must deliver copies of those approvals and consents to Islandermall.com.

5.3 Royalties. You must pay all royalties or similar payments that are or may become due to any third party, such as all payments under licenses for third-party material in your Content. For example, you must pay all mechanical copyright royalties due to the owners of any musical composition used in your Content.

5.4 Unions and Guilds. You acknowledge that Islandermall.com is not currently a party to any collective bargaining agreement with any union or guild and that you are solely responsible for complying with any applicable union or guild rules, including without limitation, those relating to payments.

6. Payment of Earnings

This section only applies to the Island Store Service and the Shoppingcart Service Customers, who agree to list their items on Islandermall.com for a Referral fee as set out on the Shopping Cart Service Section of the Website.

Earnings for products on Islandermall.com, Island Store Services (“Earnings”) are described on our website and are incorporated into this Agreement by reference.  All prices are listed in US dollars. Prices and products may change at Islandermall.com’s discretion. 

Payment Terms. Islandermall.com will pay your Earnings on the 15th and 30th day of January, March, April, May, June, July, August, September, October, November and December of each calendar year for active accounts. Islandermall.com will also pay your Earnings on the 15th & 28th day of February of each calendar year. Islandermall.com will transfer to your selected payment method as defined in your Secure eService Manager portal on the days identified above. However, if the Earnings payable to you for any specific date is less than the minimum amount defined for your specific country, for your selected method, as detailed on the Payment Options page of the Website, Islandermall.com will hold your Earnings until the total amount due meet those relevant requirements or until this Agreement is terminated.

Earnings. This is your listed price less applicable Referral fees.

Processing Fees. If Islandermall.com owes you accrued Earnings that are less than $50.00 for at least 365 days, then Islandermall.com may send your payment minus a $10 processing fee. If the amount of accrued Earnings is under $10 for at least 365 days, such amount will be used to cover Islandermall’s administrative costs and no payment will be made to you.

Termination Fees. If you or Islandermall.com terminate your Account, and you have less than $50 in accrued but unpaid Earnings outstanding, Islandermall.com may charge you a $10 processing fee when sending you your final payment to cover its administrative costs.

Non Islandermall Fees. Islandermall.com Customers who choose to be paid directly to their Bank Account, in your home country, may be required to pay additional fees to the respective Bank. These fees are outside of our control and are solely your responsibility.

Foreign Currency. Because most of the transactions conducted on Islandermall.com is US Dollar based, those customers who will be receiving earning into their local bank account, the bank will convert the currency into your local account currency. The bank at its discretion and subject to foreign currency controls and guidelines, will convert at a specific excahnge rate, which may be different to that listed/implied on the Islandermall.com Website.

Money Laundering. The payment providers we use support cross-border payments and as such are also guided by money laundering laws in their relevant states. Islandermall.com may be required to provide additional information to them which you may have on record with us for law enforcement purposes or those otherwise required.

7. Security Procedures

You acknowledge that this Agreement contains important terms and conditions which govern the use of The Services through an electronic medium that permits the Customer to access information and transact business through personal computers or similar access devices. Accordingly, you shall be solely responsible for taking all reasonable and appropriate steps to protect access to your accounts and information on the computer which is used to access the accounts including but not limited to the following:

• Avoiding the use of software that records the Customer’s password making it unnecessary to enter the password each time the Customer accesses a website from the same computer.
• Not leaving the computer unattended while logged on to any of The Services.
• Logging off after each use of any of The Services.
• Clearing the browser’s cache after each session of using any of The Services.
• Never sending confidential information including username and/or passwords by electronic mail.
• Using anti-virus software.
• Installing and frequently updating a proven anti-virus product.
• Protecting your Internet connection by taking all appropriate steps including disabling file sharing and installing and frequently updating a proven personal firewall product.

8. Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy.

9. Verification

There are instances in which we may require verification for your order you may send us. You will be advised if and when necessary as to the relevant action you are required to undertake for verification to be completed. Any information collected for verification is reviewed by our accounts department and are deleted and destroyed afterwards. We strongly believe in your privacy and protection of your sensitive information.

10. Marketing and Advertising Your Products and Shops.

10.1 Marketing of Your Products and Shops. Islandermall.com reserves the right, but has no obligation, to promote your Island Store or Products, for example, featuring them in Islandermall.com newsletters or on the Website, referring users to your Island Store, or describing your Products or Island Store in communications with third parties. If you market and promote your Island Store and Products you must do so in accordance with this Agreement and the Content Usage Guidelines in this document.

10.2 No Spam. You may not use “spam,” “blast-faxes” or recorded telephone messages to market or sell Products. You may not spam or attempt to deliberately subvert the results of the Islandermall.com directory or search engine with false, misleading, or unnecessarily repetitive information.

10.3 Links. Islandermall.com, in its sole discretion, may prohibit you from “linking” your shops to any websites that contain content that, if used on the Islandermall.com Website, would violate any of Islandermall.com’s agreements or policies.

10.4 Customer Information. Islandermall.com may, from time to time, provide you with information relating to Customers that purchase Products from your Island Store. You may only use this information for your internal record keeping and shippping. You may not disclose any of this information to a third party or use it for any other purposes.

11. Compensation and Fees.

11.1 Tax Information. Islandermall.com will not remit taxes on your behalf. It is your responsibility to determine what, if any, taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Islandermall.com is not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any payments made to you for Products sold through any of the Services offered.

11.2 Pricing Terms. Pricing and commission structures for all The Services are set forth on the Secure eService Manager portal page, which may be modified from time to time.

12. Automatic Renewal

When you sign up, your Islandermall.com account will be enabled with autorenewal, which means that when your renewal date arrives, your plan and domain will be renewed. When it is time for renewal, your service will continue uninterupted, and a bill e-mail for your immediate payment will be active in your Secure eService Manager portal and will be e-mailed to the account on file with us. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to the Secure eService Manager portal. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located on the website if you do not want to renew. The renewal fee will become non-refundable as soon as you are billed. Your account renew dates are always listed in the Secure eService Manager portal.

If more than 14 days pass from the date on which any invoice for The Services is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account was renewed and you have not made payment in full,Islandermall.com reserves the right to delete all data you have uploaded to our servers. You hereby acknowledge that this is Islandermall.com policy when it comes to data retention, and waive all rights in and to your data in these situations.

13. When the Services Will be Available

We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of technology being used, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.

13. Acceptable Use/Illegal Activity

Islandermall.com strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

• Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
• Storage of data that infringes on another’s copyright or other intellectual property rights.
• Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services. We reserve the right to refuse or terminate service,without notice, based on reasonable indications that you are engaged in spamming of any sort.
• Uploading or linking to any content that violates another’s right of publicity or privacy.
• Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
• Storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
• Storing of large amounts of data not specifically tied ("linked") to the services for which you have signed up.
• Storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.

14. Acceptable/Unacceptable Product Offerings – Island Store Services Specific

14.1 Acceptable Items. Islandermall.com through its Island Store Service allows you to list for sale products from any of the following categories.

• Books
• Music CD’s
• DVD’s
• Video’s
• Baby Items
• Automobile parts only.
• Camera and Photo Products
• Electronics
• Groceries
• Health and
  Personal Care Products
• Home and Garden
• Musical Instruments
• Office Products and supplies
• Toys & Games
• Software
• Sporting & Outdoor Equipment
• Tools and
  Hardware Items
• Video Games.
• Herbal Products
• Apparel / Clothing
• Shoes and other Footwear
• Magazines
• Flowers
• Jewelry, precious metals & stones
• Digital Goods for which you have permission.

14.2 Unacceptable Items. Islandermall.com through its Island Store Service do not allow you to list for sale products from any of the following categories.

• Illegal / Pirated DVD’s/CD’s/VHS/Software.
• Adult Toys
• Pornographic/Offensive Material
• Gift Cards
• Alcohol
• Gift Certificates
• Guns and Ammunition
• Pharmaceuticals (Prescription Medication)
• Tobacco
• Real Estate
• Automibile / Motocycles

15. Acceptable/Unacceptable Product Offerings – Shopping Cart and/or Web Publishing Services Specific

15.1 Acceptable Items. Islandermall.com through its Island Store Service does allows you to list for sale products from any of the following categories.

• Books
• Music CD’s
• DVD’s
• Video’s
• Baby Items
• Automobile parts only.
• Camera and Photo Products
• Electronics
• Groceries
• Health and
  Personal Care Products
• Home and Garden
• Musical Instruments
• Office Products and supplies
• Toys & Games
• Software
• Sporting & Outdoor Equipment
• Tools and
  Hardware Items
• Video Games.
• Herbal Products
• Apparel / Clothing
• Shoes and other Footwear
• Magazines
• Flowers
• Alcohol
• Jewelry, precious metals & stones
• Gift Cards
• Gift Certificates
• Guns and Ammunition
• Pharmaceuticals (Prescription Medication)
• Tobacco
• Real Estate
• Automibile / Motocycles
• Digital Goods for which you have permission.
• Adult Toys

15.2 Unacceptable Items. Islandermall.com through its Isalnd Store Service do not allow you to list for sale products from any of the following categories.

• Illegal / Pirated DVD’s/CD’s/VHS/Software.
• Pornographic/Offensive Material

16. Copyright Infringement Specific

We have adopted a policy to suspend or terminate the accounts of Island Store, Shopping cart or other service owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with (identified below) the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

17. Disclaimer of Warranties

Islandermall.com LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Islandermall.com LLC, MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Islandermall.com LLC, DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

18. Limitation of Liability

Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Islandermall.com LLC cannot be held liable for it. IN NO EVENT SHALL Islandermall.com LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Islandermall.com LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Islandermall.com LLC due to your enrollment in the affiliate program.

19. Cancellation

As we explain in this paragraph, we offer you a money-back guarantee on some services if you cancel with us during the first 40 days. Please note, The Sugar Cane Package, Shopping Cart Service, Design Services and otehr specifically identified services ARE NOT ELIGABLE for the money-back guarantee. And here is how our cancellation policy works. It is very simple. If you cancel your account within 30 days of first signing up, we will provide you with a full refund excluding any setup fees that were charged when you signed up, and excluding domain registration fees. The only way to cancel your account is to submit a request via your client area. Upon completion of this cancellation process, your account will be terminated immediately.

If we register a domain name for you as part of your package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. Domains are NOT eligible for a refund. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration and transfer and SSL certificates are non-refundable. Our policy regarding web design services is as follows: We do not issue refunds once we have started work. If you order design services and cancel before we have started working on the design and before 30 days have passed then we will refund the full cost of the design service. Islandermall.com also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

20. Termination.

9.1 Islandermall.com Termination. In its sole discretion, with or without notice to you, Islandermall.com may: (i) suspend, limit your access to or terminate your use of the Island Store Service, (ii) suspend, limit your access to or terminate your Account, (iii) remove any of your shops from Islandermall.com’s servers and directories and (iv) prohibit you from opening any new shops.

9.2 Island Store Termination. If you are a Island Store Owner, you may terminate your Account for any reason at any time by completing the online account termination form in your Secure eService Manager portal.

9.3 Effect of Termination. If you or Islandermall.com suspend or terminate your Account, Islandermall.com may, without being liable to you or any third party: (i) delete any Content or other materials relating to your use of The Services, and (ii) not allow you to access your shops or create, produce, market, or sell Products, or use any of The Services. If you or Islandermall.com terminate your Account, you must immediately remove all links to the Website from any websites you operate and cease representing yourself as a Island Store Owner or other related products or services.

21. These Terms of Service May Change

Due to our evolving business, and the changing nature of the e-commerce and e-business industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

22. Governing Law and Choice of Form

The laws of United States, the State of Delaware will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Delaware.

23. When These Terms Take Effect

This agreement becomes effective once you submit your order with us or open an account with us for The Services of any kind (Island Store, Shopping Cart, Web Publish, Design, etc.). If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.