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*MenuMerchant™
eStoreMenu Portal
eStoreMenu
MenuMerchant. ("The Company") and
a) eStoreMenu
b) eStore[City]
c) MerchantMenu
d) YouthOfAmerica
c) LSYF/YOA
d) Security-Website
agrees to furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of MenuMerchant Service constitutes acceptance and agreement to MenuMerchant's AUP as well as MenuMerchant's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of MenuMerchant.
and AUP (Acceptable Use Policy). The AUP may
be changed from time to time at the discretion of the Company. Subscriber understands that
change to the AUP by the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state
of Texas, county of Harris applicable to contracts enforceable in that state. Venue will
be Harris County, Texas
- Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or notification to the
Subscriber. In addition MenuMerchant shall have the right to terminate all service set
forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to Subscriber. Subscriber is
aware that the Company may prospectively change the specified rates and charges from time
to time. The promotional offer is contingent upon Company achieving and maintaining its
cost of service goals including but not limited to rates charged to company by its
suppliers.
- Payment: Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. Subsequent payments are due on the anniversary date of the
month for that month's service. All accounts and services provided by MenuMerchant may be
subject to any tax instituted by any government agency. The above applies to all accounts
and services provided by MenuMerchant.
- Payments and Fees: Credit cards that are declined for any reason are subject to a
$1.00 declination fee. Service will be interrupted on accounts that reach 25 days past
due. Service interrupted for nonpayment is subject to a $75 reconnect charge. Accounts not
paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by
MenuMerchant may be turned over to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this as outlined in this TOS.
- Refund and Disputes: All payments to MenuMerchant. are nonrefundable. This
includes the one time setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 60 days of the time the dispute
occurred. If you dispute a charge to your credit card issuer that, in MenuMerchant's sole
discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay
MenuMerchant an "Administrative Fee" of not less than $50 and not more than
$150.
- Failure to Pay: The Company may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
- Account Cancellation: All requests for canceling accounts must be made in writing
with at least 30 days notice but not more than 60 days prior written notice and sent to
MenuMerchant Attn: Cancellations, 1425 Web Gin House Rd, Lawrenceville, Ga. 30045, or you
may call 1-800-438-6894 or 770-736-6890. You must have all account information to cancel.
- Subscriber acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of the company and that
damages resulting from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company. Subscriber further
acknowledges that the company's liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for services during the
period damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
- New Domain Accounts: Though our average set up time is 24 hours, all new
webhosting accounts involving new domains may be set up and entered into our DNS servers
within 3 to 5 business days. Due to the fact some domains may require additional set up
time, we reserve the right to take up to 7 business days. If the new domain is registered
by the account holder, there will be no handling fee. If the domain is registered by
MenuMerchant. on behalf of the account holder a fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer of a
domain from another provider to MenuMerchant. will require a maximum of seven (7) days to
be set up and entered into our DNS servers. Due to the unpredictable nature of the
transfer process, no guarantees are made regarding the amount of time a specific transfer
may take. If the transfer of the domain is done by MenuMerchant. on behalf of the account
holder a handling fee will be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered earned.
- Support Boundaries: MenuMerchant, provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings when we close our center.)
We limit our technical support to our area of expertise. The following is our guidelines
when providing support: MenuMerchant provides support related to your dedicated or
virtual site physical functioning. MenuMerchant does not offer tech support for
application specific issues such as cgi programming, html or any other such issue.
MenuMerchant does not provide technical support for YOUR customers. If you can email, we
encourage you to email support@MenuMerchant.com
for assistance. If you are able to get online and have other questions, the answers may be
on our home page at http://www.MenuMerchant.com/support/
- we encourage you to check there first. Lastly, the Help files in the program you are
using may have the answer to your question so please do investigate these resources before
calling tech support.
- SPAM and Unsolicited Commercial Email (UCE): MenuMerchant takes a zero tolerance
approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of MenuMerchant may not use or permit others to use
our network to transact in UCE. Customers of MenuMerchant may not host, or permit hosting
of, sites or information that is advertised by UCE from other networks. Violations of this
policy carry severe penalties, including termination of service.
- Violation of MenuMerchant's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, MenuMerchant will initiate an
immediate investigation (within 48 hours of notification). During the investigation,
MenuMerchant may restrict customer access to the network to prevent further violations. If a
customer is found to be in violation of our SPAM policy, MenuMerchant may, at its sole
discretion, restrict, suspend or terminate customer's account. Further, MenuMerchant
reserves the right to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. MenuMerchant will notify law enforcement officials if
the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250
and your account will be reviewed for possible immediate termination. A second violation
will result in an "Administrative Fee" of $500 and immediate termination of your
account. Users who violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees" not to exceed
$175 per hour that MenuMerchant personnel must spend to investigate the matter. PLEASE, DO
NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the
MenuMerchant network, it is advisable that Customers develop a similar, or stricter, policy
for their clients.
Network
- IP Address Ownership: If MenuMerchant assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol address shall belong
only to MenuMerchant, and Customer shall have no right to use that Internet Protocol address
except as permitted by MenuMerchant in its sole discretion in connection with the Services,
during the term of this Agreement. MenuMerchant shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to Customer by MenuMerchant,
and MenuMerchant reserves the right to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses
is limited by ARIN's new policies. These new policies state that use of IP addresses for IP
based virtual hosts will not be accepted as justification for new IP addresses. What this
means to you is that you MUST use name-based hosting where possible. We will
periodically review IP address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services ordered by Customer on the Order
Form (the "Agreed Usage"). MenuMerchant will monitor Customer's bandwidth and disk
usage. MenuMerchant shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in MenuMerchant's sole and absolute
discretion. If MenuMerchant takes any corrective action under this section, Customer shall
not be entitled to a refund of any fees paid in advance prior to such action.
- System and Network Security: Users are prohibited from violating or attempting to
violate the security of the MenuMerchant Network. Violations of system or network security
may result in civil or criminal liability. MenuMerchant will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These violations include, without
limitation:
- Accessing data not intended for such User or logging into a server or account, which such
User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail bombing" or
"crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Notification of Violation:
- MenuMerchant is under no duty to look at each customer's or user's activities to
determine if a violation of the AUP has
occurred, nor do we assume any responsibility through our AUP to monitor or police
Internet-related activities.
- First violation: Any User, which MenuMerchant determines to have violated any element of
this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be subject at MenuMerchant's
discretion to a temporary suspension pending a User's agreement in writing, to refrain from
any further violations.
- Second Violation: Users that MenuMerchant determines to have committed a second
violation of any element of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice.
- We reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays are on your network or a
customer's network, or if denial of service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting to contact you. If we do this,
we will contact you as soon as is feasible.
- Suspension of Service or Cancellation: MenuMerchant reserves the right to suspend
network access to any customer if in the judgment of the MenuMerchant network
administrators the customer's server is the source or target of the violation of any of
the other terms of the AUP or for any
other reason which MenuMerchant chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The customer will not be credited
for the time the customer's machines were suspended.
- MenuMerchant reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of MenuMerchant must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate Cancellation. You will be
held responsible for the actions of your clients in the matter described on these Terms
and conditions. Therefore, it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms of use policy.
- Indemnification: MenuMerchant wishes to emphasize that in agreeing to the
MenuMerchant Acceptable Use Policy (AUP)
and Terms of Service (ToS), customer indemnifies MenuMerchant for any violation of the Acceptable Use Policy (AUP) and Terms of
Service (ToS) that results in loss to MenuMerchant or the bringing of any claim against
MenuMerchant by any third-party. This means that if MenuMerchant is sued because of a
customer's or a customer of a customer's activity, the customer will pay any damages
awarded against MenuMerchant, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with, and keep current, good
contact information for you. E-mail, fax, and telephone contacts are used, in that order
of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing or subsequent waiver thereof or as a
waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent
of the Company. Company may assign Agreement at anytime without consent from or notice to
Subscriber. Company reserves right to cancel customers rights under this contract at anytime
without further obligation.
- MenuMerchant takes no responsibility for any material input by others and not posted to
the MenuMerchant Network by MenuMerchant. MenuMerchant is not responsible for the content of
any other websites linked to the MenuMerchant Network; links are provided as Internet
navigation tools only. MenuMerchant disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person or party's violation of
this policy.
- MenuMerchant is not responsible for any damages your business may suffer. MenuMerchant
does not make implied or written warranties for any of our services. MenuMerchant denies any
warranty or merchantability for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by
MenuMerchant.
- IRC Servers: MenuMerchant subscribers are not permitted to run IRC servers on the
dedicated Raq’s
- Adult Content: - Adult Content or links to Adult Content are not permitted on
MenuMerchant Servers.
Contact MenuMerchant
If you are interested in setting up an eStoreMenu Community or having YOUR Home or
Retail Business Hosted by eStoreMenu, please take a Browse Through by clicking the links
below.
Below you will discover the communities we are
presently taking orders for:
[Atlanta-Charlotte-Dallas-Phoenix-Philadelphia-LA-NY-DC-Miami-Orlando-Denver-Chicago]
*NOTE: YOU MUST
have a retail or home based business IN the City you choose.
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