Terms of Service

By creating, administering, or accessing a store at www.foxycart.com, you are accepting this agreement with foxycart.com operated by FoxyCart.com LLC. By accepting this agreement, you agree to all of the following:

  1. You are at least 18 years of age.
  2. The service FoxyCart.com provides is completely “as is” without warranty of any kind. FoxyCart.com disclaims any warranties, expressed or implied, including but not limited to any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
  3. In no way shall FoxyCart.com be liable for any and all damages (including but not limited to indirect, punitive, special, incidental or consequential damage) suffered as a result of using our service. This includes and is not limited to loss of business, data, use, revenue, profit or other economic advantage.
  4. You will not sue or make claim against FoxyCart.com, and agree to indemnify and hold FoxyCart.com and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand.
  5. You are responsible for keeping your login and password private and secure.
  6. Support from FoxyCart.com is only provided to paying customers and only through the FoxyCart.com website. FoxyCart.com support is not guaranteed in its forum or wiki. Support is limited to problems with the FoxyCart.com system and does not include template creation, html design, css fixes, other client-side problems, or any other issues that do not relate directly to FoxyCart.com services.
  7. You will not use FoxyCart services in any business practices that could be considered:
    1. Illegal (including “warez”), either in the United States or in your local jurisdiction
    2. Pornography or “Adult Content”
    3. Obscene
    4. Unsolicited mass e-mail (“Spam”)
    In addition, FoxyCart reserves the right to refuse service to anyone for any reason at any time.
  8. In no way shall FoxyCart.com be liable for any and all damages suffered as a result of your failure to abide to this agreement.
  9. You agree not to “domain squat” with *.foxycart.com subdomains. If subdomain conflicts occur, FoxyCart reserves the right to transfer a subdomain to the owner of the full domain. For example, if Company A owns www.companya.com, they would get preference for companya.foxycart.com.
  10. FoxyCart.com does not claim intellectual property rights over any material you provide us including anything you upload to our servers.
  11. You agree not to misuse, abuse, attack or in any way hinder the services provided by FoxyCart.com. This includes and is not limited to denial of service attacks, phishing and hacking.
  12. Although FoxyCart.com does encrypt customer credit cards if they request it or when necessary to provide subscriptions services, we are not responsible for the loss of this or any other customer information.
  13. You agree not to misuse or abuse your customers’ information in any way, including but not limited to:
    1. Identity theft or misuse
    2. Password or account theft or misuse
    In no way shall FoxyCart.com be liable for any and all damages suffered by your customers’ as a result of any misuse of your customers’ information.
  14. You agree to pay for services provided by FoxyCart.com according to the current pricing schedule. If your payment is late for any reason, you will be given 7 days to make your payment, after which time your store will be closed. If you wish to reactivate your store, you can do so within 60 days from your last payment at no charge. After 60 days and before 1 year, you may reactivate your store for a charge of $25.
  15. You have read FoxyCart.com’s Privacy Policy
  16. If any part of this agreement is found to be invalid according to local or federal law, all other portions of the agreement will remain in place and binding.
  17. Foxycart.com reserves the right to, without prior notice, modify this agreement, change pricing or pricing schedules and/or refuse or cancel service at any time for any reason.

This agreement was last modified: 2007-07-22.

   

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