| FOR COMPREHENSIVE FAQs CLICK HERE. 1. RESELLER HOSTING TOCS - You Cannot resell RESELLER PLANS, only singly hosted plans (i.e. Gold plan: 3000 MB Disk Space / 7000 MB Bandwidth, etc.)
- You MUST terminate any accounts that is found to be exploitive or spamming within 3 hours of notice
- You MUST not yourself spam or use any mailing list to promote unless they are verified OPT-IN subscribers
- You MUST not use any script that is exploitive of the server
- You MUST give us 30 days notice prior to cancellation and any moneys sent during the billing cycle is non-refundable
- You MUST have a Design Shrine turnkey website membership to a) resell our websites for customers; and b) to operate a Co-Brand store
- You MUST give your DSG membership to any DSG employee looking to verify your membership status
If you have any questions, do not hesitate in contacting us or legal @ designshrine.net. 2. TURNKEY WEBSITE MEMBERSHIP TOCS The only way we allow our members to profit from Design Shrine's prolificoutput of high-end turnkey websites is to sell them hosted on an existing serverwith a registered domain They cannot be a "demo" claiming "Checkout the demo" and then offer hosting. They must be fully developedwebsites on a server prior to reselling them. Any other way, other thanthe in-house Co-Brand Design Shrine Store, will result in the permanenttermination of membership with no refunds. 1. HOW MANY TIMES CAN I RESELL THE SCRIPTS?Current Members can resell the scripts unlimited amount of times. Aftermembership has ended, members can only use the websites for personal use onlyindefinitely. 2. IF USING FOR A CLIENT, CAN I SAY "DESIGNEDBY" ME? No. You cannot claim design rights to the graphics and programming orthe site as a whole due to licenses we hold with people involved with producingthe websites. 3. ARE THERE ANY OTHER COSTS OTHER THAN THEMEMBERSHIP FEE? No. When it comes to membership, you will not be charged for anythingelse to use/resell our websites for the duration of your membership. 4. ARE ANY OF THE SCRIPTS GPL? Yes. A handful of the scripts we have developed come with a GPLlicense. You cannot redistribute these with our images and design, thoughthe programming comes under the GPL license. 5. I NOTICE A LOT OF FLASH IN YOUR SITES. DO INEED TO KNOW HOW TO EDIT FLASH TO EDIT THE INFO IN THEM? No. Except for the "Full Flash" websites, all of the othersuse an external .txt file to edit the text content in them (i.e. Company Name,Slogan). You need only edit that in any program, such as notepad, and itwill change the Flash info for you. 6. AFTER I PAY FOR MEMBERSHIP, HOW LONG WILL IT TAKETO GET MY MEMBERSHIP? Instantly! If you have purchased at the store, http://www.designshrinephpfactory.com,you logins will be sent to you within seconds of checkout (if you didn't paywith an e-check). 7. HOW DO I DOWNLOAD THE SCRIPTS/WEBSITES? Click on the thumbnail of the website/product you would like to use. Onits respective page you will see three small links: Enlarge, Demo andDownload. When you click on "Download" you will be prompted foryour username and password. Once you enter them and click OK, the downloadprocess will begin. 8. I JUST WANT ONE WEBSITE. DO I HAVE TO JOINFOR MEMBERSHIP TO GET IT? No! Just head on over to our PROMOTION! CLICK HEREand purchase it with annual hosting, domain name, installation and search engine submission - only $125!. 9. DO I HAVE TO USE YOUR HOSTING SERVICES? No. You can host the sites anywhere you like. However, ourReseller Hosting package is very popular because it's COMPLETELYUNLIMITED. You also get a FREE 6 month membership to the turnkey websitesand custom name servers for complete anonymity. CLICKHERE. 10. HOW DO I GET SUPPORT? We are in the process of setting up an extensive ticket system. In themeantime you can e-mail the programmers, programming @ designshrine.netor Larissa Farrell, director of the Turnkey Operation at larissa @ designshrine.net. Our Email Policy is as follows to any communication between you and Design Shrine Group Companies and Divisons The contents of any communications, together with any attachments, are intended only for the use of the person(s) to which they are addressed and may contain confidential and/or privileged information. Further, any information herein, within those communications, is confidential and protected by law. It is unlawful for unauthorized persons to use, review, copy, disclose, or disseminate confidential information. If you are not the intended recipient of communications, immediately advise the sender and delete this message and any attachments. Any distribution, or copying of any communications, or any attachment, is prohibited.
Whenever you download a website, the following LICENSE applies to it. DESIGN SHRINE PHP FACTORY LICENSE: The license attached to your purchase entitles you the right to use any of the graphics supplied as part of the membership package (i.e. turnkey websites templates, templates, etc.) for both commercial and personal use. REFUNDS: Since we offer non-tangible irrevocable goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing any article at our site. Please make sure that you have fully understood this. INSTALLATIONS: Installation is a paid service which is not included in the package price. TERMS OF CONDITIONS : Our products may by no means be displayed in any catalog or archive format. In other words, you may NOT present our products in a form that would lead others to believe it is your own unless you are a Co-Brand Member (please seee www.designshrinephpfactory.com), or to serve as a starting point for clients to select the product they would like you to customize, nor may it be displayed in a portfolio which is intended to be representative of your work. You cannot change text or images and then claim it as YOURS. You cannot put our script into a bought template and claim it as YOURS. You cannot alter the script and claim it as YOURS. If this script is based off of a GPL script, you MUST REMOVE EVERY SINGLE GRAPHIC and html front-end element before releasing and keep this license in tact. Also please be advised that any violation of the above limitations, restrictions, or rights under this membership will be considered a infringement on our intellectual property rights and copyrighted materials, and will resolved through all available recourse both civilly and criminally. You, the member, agree to indemnify and hold harmless Design Shrine Group, DesignShrinePHPFactory.com, for any and all damages from your use of these products or from your violation of any of the rights and responsibilities listed above. If you purchased this as a .zipped script and are NOT a DSG member, please contact info @ designshrine.net to report the piracy. SELLING METHODS : You may not resell this website as a script ever - ONLY if you are a current member of Design Shrine PHP Factory (http://www.designshrinephpfactory.com) you may RESELL as the following: Our members are permitted to resell our websites as CURRENT REGISTERED DOMAINS HOSTED ON SERVERS ALREADY INSTALLED - no exceptions. We have zero tolerance for piracy and will prosecute to the highest extent of the law.
RESELLER PRICING: 1. AUCTIONS (i.e. Ebay, Yahoo, Stormpay, etc.) - MAKE BEST OFFER is categorically NOT allowed.
- If you are NOT a DSG Co-Brand store owner, you MAY NOT start any auction for UNDER $29.95. You MAY NOT list a BUY IT NOW item (websites only) for under $49.95.
- If you ARE a DSG Co-Brand store owner, you MAY NOT start any auction for UNDER $19.95. You MAY NOT list a BUY IT NOW item (websites only) for under $49.95.
2. YOUR E-COMMERCE STORE (non DSG Co-Brand) - You MAY NOT link to Design Shrine Demos.
- You MUST have a hosting feature in your store that asks for a domain name and a hosting plan option.
- You MAY NOT link to Design Shrine demos (only DSG Co-Brand owners may do that because the Co-Brand store asks for the customer's domain name)
- You MAY NOT price any of the websites for under $39.95, not including the hosting and domain fees.
3. DSG CO-BRAND OWNERS - The same pricing applies to the DSG Co-Brand store owners only they may link their demos to Design Shrine demos
- They may still utilize Demos for the websites they sell on auctions, but still must install the website for the winner of the auction
BREACH OF AGREEMENT: "We will follow the procedures provided in the DMCA, which prescribed a notice and takedown procedure. Notice and Takedown Procedure If Access is notified of claimed copyright infringement, or otherwise becomes aware of copyright infringement, it will respond expeditiously by removing, or disabling access to, the infringing material. Access will forward the notice to the alleged infringer and notify the server and the state's DMCA authorities." Copyright Infringement includes a) copying any images, b) programming and/or c) text that we have used in our websites. You cannot copy-and-paste onto templates and call it your own - on Ebay, any such website will be removed by VeRO and reported to organizations like The Planet if it is found on any server not belonging to a Design Shrine Group member. If it is being resold on an expired license, VeRO will be called upon to remove it - including those that are copy-and-paste jobs (such as those found on Ebay where tons of "designers" and plastering our work onto Boxed Art templates - which is also illegal). This is an injustice to customers believing they are purchasing legal works and the act is 100% illegal. If you are interested in learning more about copyright, please visit http://www.copyright.gov.
Customer agrees to the following terms of service:
1. Term and Termination: Customer agrees to a month to month contract term for services
unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation
by the Customer. Please carefully review DesignShrine’s cancellation policy set forth in Paragraph 8 below. DesignShrine may terminate this Agreement upon nonpayment
as set forth in paragraph 10 below. At its sole discretion, DesignShrine may terminate this Agreement if Customer violates any terms and conditions of
DesignShrine’s AUP.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly
anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are
due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3. Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing
Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future
charges will appear as full monthly fees added to your existing Anniversary Billing Date.
4. Annual Contracts follow the same contract rules as month to month.
5. Additional Service Fees: Additional services, not including Programming Services, ordered on the Anniversary Billing Date will be billed for the full month service and
will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next
anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
6. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred,
and agreed upon in writing or via ticket with approval.
7. Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued
as cash back to the Customer nor shall the service credits be transferable to other account holders. Service credits shall expire if Customer’s account is fully
terminated.
8. Cancellation: Because cancellation is automated, DesignShrine requires a written cancellation notice via the customer portal, a minimum of 72 hours
prior to 00:00:01 CST (GMT-6) on the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the
requisite 72 hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is required
through the online Customer portal located at http://billing.designshrinehost.com. All Customer data remaining after the cancellation date will be destroyed
for security and privacy reasons, unless otherwise required by law.
9. Refunds & Disputes: All services rendered by DesignShrine are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees,
upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket
inside the Customer portal located at http://billing.designshrinehost.com. Customer agrees not to chargeback any credit card payments for services rendered. A
chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by
DesignShrine in enforcing collection.
10. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation
of the TOS. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer
services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (7)
consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee
of $20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to
remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for
security and privacy reasons, unless otherwise required by law.
11. Data: Design Shrine agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and
retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating
system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for
data integrity, retention, security, backup, and ownership. In the event that DesignShrine handles Customer data, DesignShrine will act in
accordance with PCI guidelines to ensure data is securely handled.
12. Permitted Use: By accepting the Master Service Agreement, Customer agrees to use DesignShrine’s services solely for their intended purposes. CUSTOMER
SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE
ANY OF DESIGNSHRINE’S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, DesignShrine reserves the right to immediately terminate
Customer’s account and will pursue any and all legal remedies available.
14. LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN EAST HAMPTON, NEW YORK,
UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTURED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
NEW YORK, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES
ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE EAST HAMPTON, NEW YORK. EACH PARTY IRREVOCABLY CONSENTS TO THE
FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
15. INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS DESIGNSHRINE, DESIGNSHRINE’S AFFILIATES, AND ITS RESPECTIVE
OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES,
OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY
KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER’S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR
MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
16. LIMITATION OF LIABILITY: EXCEPT AS DESCRIBED IN THE SLA, DESIGNSHRINE SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR
RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. DESIGNSHRINE SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES,. NOTWITHSTANDING ANYTHING ELSE IN THIS MASTER SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF
DESIGNSHRINE AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE
CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
17. Arbitration: Any controversy or claim arising from service or related to this Master Service Agreement or breach therein in excess of $500.00 shall be settled by
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above
apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
18.. Legal Compliance: By accepting this Master Service Agreement, Customer represents and warrants that (i) he/she is not located in a country that is subject to
a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S.
Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement
on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally
incapacitated to execute this Agreement.
19. Electronic Signature: Acceptance by Customer of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level
Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s)
and completion of the ordering process.
IN SUMMATION: If you are a DSG Reseller and resell on venues like eBay, you ARE permitted to sell with the term CLICK THE DEMO, **ONLY** IF YOU HAVE A DESIGN SHRINE CO-BRAND STORE AND ARE LINKING TO THE DEMO AT THAT STORE IMPLICITLY. Learn more about the Co-Brand store by clicking the link above. MAKE BEST OFFER IS NOT ALLOWED IN AN AUCTION OR FORUM AUCTION VENUE. Otherwise, if you do not have a Design Shrine Co-Brand store, you MUST only resell with a domain that is already registered, already hosted and the script is ALREADY INSTALLED. If you do not understand what this means, please contact legal @ designshrine.net and we will explain the difference to you so you are not confused about the legality of our resellers license. To learn more about the Turnkey Website industry and how to succeed at working online, go to http://www.VirtualOrbit.com to ask questions, learn and contribute in the world's first turnkey website industry forum.
Finally, Design Shrine Group reserves the right to change or modify current Terms with no prior notice. We reserve the right to modify or attach an addendum to this agreement at any time, and it is your responsibility to take due diligence to inquiry as to whether any changes have been made to this agreement, by reviewing the terms section of our site for any updates. |