RUSHBEE IS ONLY WILLING TO PROVIDE
THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS
YOUR LEGAL RIGHTS AND REMEDIES.
The following agreement ("Agreement") is entered into between you ("Customer" or
"you") and RushBee Corporation. ("RushBee"), a New York corporation having a
business at 8508 Queens Blvd., 2/Fl., Queens, NY 11373 and is made effective on
the date of electronic acceptance. This agreement sets forth the terms and
conditions that govern your use of this website and the products and services
(collectively, the "Services") found at this site, and is in addition to and not
in lieu of any specific terms and conditions that apply to your purchase of a
particular Service. In the event that you provide a purchase order or other
ordering document to facilitate your purchase, the document is incorporated by
reference only to the extent that it identifies the Services to be purchased,
and all other terms and conditions included in such document are hereby rejected
Your electronic acceptance and/or use of the Services signifies that you have
read, understood and agreed to be bound by the terms and conditions of this
Agreement as well as any policies posted on this website and that by such
acceptance and/or use of the Services you agree that any previous agreements
between you and RushBee will be terminated and superseded by this Agreement. You
acknowledge and agree that RushBee's acceptance of this Agreement and the
provision of Services are performed at RushBee's offices in Austin, Texas, USA.
RushBee, in its sole discretion, may refuse to provide the Services to any one
at any time and for any reason. If RushBee exercises this right, RushBee will
not charge you for the Services and/or refund you for the amounts paid for the
Services during the month that RushBee invokes its right to deny Service.
RushBee, in its sole and absolute discretion, may change or modify this
Agreement, and the corporate policies and/or Service Specific Terms which are
incorporated herein, at any time, and such changes or modifications shall be
effective immediately upon the earlier of (i) our email notification to you
advising you of such changes or modifications (ii) your electronic acceptance of
this Agreement after such changes or modifications have been made to this
Agreement as indicated by the "Last Revised" date at the top of this page or
(iii) your continued use of the Services after RushBee posts the amended
Agreement to RushBee.com.
2. Eligibility, Point of Contact, Account Ownership
The Services found at this Site are available only to Customers who can form
legally binding contracts under applicable law. By using the Services found at
this Site, you represent and warrant that you are (i) at least eighteen (18)
years of age and/or (ii) otherwise recognzed as being able to form legally
binding contracts under applicable law. You further represent and warrant that
you are not on the United States Department of Treasury, Office of Foreign Asset
Controls list of Specially Designated National and Blocked Persons and are not
otherwise a person to whom RushBee is legally prohibited to provide the
Customer shall designate a single "Point of Contact" in the accompanying Order
Form. Customer's Point of Contact shall have full authority to enter into
agreements and make binding decisions on behalf of Customer. Customer agrees
that RushBee may rely on representations made by Customer's Point of Contact.
Customer may change its Point of Contact at any time by giving written notice to
RushBee in accordance with the notice provisions of this Agreement. RushBee is
under no obligation to accept instructions from anyone other than the Point of
Contact. Notwithstanding the foregoing, RushBee shall not be liable for any loss
or damage resulting from RushBee's reliance on any instruction, notice, document
or communication reasonably believed by RushBee to be genuine and originating
from an authorized representative of Customer's corporate entity. If there is
reasonable doubt about the authenticity of any such instruction, notice,
document or communication, RushBee reserves the right (but not the obligation)
to require additional authentication from Customer. In order to permit RushBee
to protect the quality of its products and services, you hereby consent to
RushBee staff being able to access your account and records on a case by case
basis to investigate complaints or other allegations or abuse.
3. Dispute of Site or Account Ownership
The entity or person creating the account and designated as the owner shall be
deemed the account owner. For security reasons, only the account owner or Point
of Contact designated by the account owner shall be allowed to make changes,
cancellations, or designate a new Point of Contact. Disputes sometimes arise
between or among multiple persons claiming ownership of or rights in a site,
store or account. RushBee is not obligated to and will not resolve any such
disputes.If multiple persons are claiming ownership of or rights in a site,
store or account, and, in RushBee's sole judgment, there is no certainty as to
the ownership of or rights in said site or account, then RushBee will, to the
extent of its knowledge and ability, notify said persons of the dispute and
demand that said persons promptly, conclusively, and finally resolve the dispute
in a manner which makes clear who the owner(s) and/or interest holder(s) is/are
and in a manner which relieves RushBee of all liability or obligations
concerning the dispute. If the disputing persons fail so to resolve the dispute
within what RushBee, in its sole judgment, deems to be a reasonable time, then
RushBee, at its sole option and without any obligation to do so, may suspend or
terminate the account until such persons resolve said dispute and reach
certainty regarding ownership of or rights in said site, store and/or account.
The person or persons conclusively and finally determined by court order or
settlement agreement to be the rightful owner(s) or interest holder(s) of said
site, store and/or account shall be obligated to pay all amounts due and comply
with the Transfer Policy, if required, to transfer ownership of the site, store
and/or account to the rightful owner. Failure of the rightful owner of said
site, store and/or account timely pay in full all of said amounts shall be
deemed a breach of these Terms and shall subject the account to immediate
To transfer ownership of an account, Customer must contact RushBee and comply
with the Transfer Policy.
RushBee personnel may from time to time recommend third party software or other
products and services for your consideration. RushBee MAKES NO REPRESENTATION OR
WARRANTY WHATSOEVER REGARDING PRODUCTS AND SERVICES THAT ARE NOT PURCHASED FROM
RushBee, INCLUDING THE COMPATIBILITY OF SUCH PRODCUTS AND SERVICES WITH RushBee
SOFTWARE. Your use of any such products and services is governed by the terms of
your agreement with the provider of those products and services.
5. Software Updates
From time to time, RushBee may update the software associated with a Service for
many reasons, including but not limited to, (a) to maintain PCI compliance; (b)
to fix bugs or problems in previous versions; and/or (c) to enhance
functionality or features. RushBee makes no warranty that such updates will not
affect your use of the Services or introduce new but unknown bugs into the
software. Further, RushBee shall not be responsible for the effect an update has
on any code not provided by RushBee and any modifications to such code to
restore functionality shall be Customer's sole responsibility and cost.
Where support is provided by RushBee, RushBee will provide technical support for
the most recent update or version of the Software associated with a Service.
From time to time, RushBee may provide support for an older version(s), however
RushBee reserves the right to suspend or terminate such support at anytime, with
or without notice.
6. Use of Customer's Name and Trademarks
Customer hereby grants RushBee a non-exclusive right and license to use
Customer's name and such of Customer's trade names, trademarks, and service
marks (collectively, "Customer's Marks") as are listed on Customer's Content or
otherwise provided to RushBee in connection with this Agreement (a) on RushBee's
own Web Sites, (b) in printed and online advertising, publicity, directories,
newsletters, and updates describing RushBee's Services, and, (c) in applications
reasonably necessary and ancillary to the foregoing. Customer may use RushBee's
trade name, trademarks, and service marks (collectively, "RushBee's Marks") in
advertising and publicity in conjunction with the offering of Customer's Content
via RushBee, provided that Customer shall submit copy to RushBee for its prior
written approval, and provided further that under no circumstances shall such
use imply that RushBee endorses, sponsors, certifies, approves or is responsible
for Customer's Content. Notwithstanding the foregoing, Customer need not obtain
RushBee's prior written approval where use of RushBee's Marks is limited to
inclusion in a list of systems via which Customer's Content is available.
7. Use of Customer's User Content
Some of the features of this website or the Services found at this website may
allow Customer to view, post, publish, share, store, or manage (a) ideas,
opinions, recommendations, or advice ("User Submissions"), or (b) literary,
artistic, musical, or other content, including but not limited to photos and
videos (together with User Submissions, "User Content"). By providing User
Content to RushBee via any method (e.g. site submission, email, survey
responses, etc.), you represent and warrant to RushBee that (i) you have all
necessary rights to distribute User Content via this website or via the Services
found at this website, either because you are the author of the User Content and
have the right to distribute the same, or because you have the appropriate
distribution rights, licenses, consents, and/or permissions to use, in writing,
from the copyright or other owner of the User Content, and (ii) you do not
violate the rights of any third party.
The provisions in this Section apply specifically to RushBee's use of User
Content posted to RushBee's corporate websites or submitted directly to RushBee.
The applicable provisions are not intended to and do not have the effect of
transferring any ownership or licensed rights (including intellectual property
rights) you may have in content posted to your hosted websites.
You shall be solely responsible for any and all of your User Content or User
Content that is submitted through your Account, and the consequences of, and
requirements for, distributing it.
You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate
RushBee to treat your User Submissions as confidential or secret.
RushBee has no obligation, either express or implied, to develop or use your
User Submissions, and no compensation is due to you or to anyone else for any
intentional or unintentional use of your User Submissions.
RushBee may be working on the same or similar content, it may already know of
such content from other sources, it may simply wish to develop this (or similar)
content on its own, or it may have taken / will take some other action.
RushBee shall own exclusive rights (including all intellectual property and
other proprietary rights) to any User Submissions provided to RushBee by any
method, and shall be entitled to the unrestricted use and dissemination of any
User Submissions provided for any purpose, commercial or otherwise, without
acknowledgment or compensation to you or to anyone else.
Customer may not sublicense or resell any of RushBee's Services to any third
parties without the prior written permission of RushBee. By way of example and
not limitation, Customer may not provide Web Hosting services through its
RushBee Services to any third party without RushBee's prior written permission.
Any attempts to do so would be considered a material breach and grounds for
termination of this Agreement.
9. Fees and Payment
A. Fees. In consideration of the Services, Customer will pay to RushBee all fees
due according to the prices and terms listed on the website. All sales are final
and RushBee offers no partial or full refunds of any kind on any purchase unless
otherwise expressly noted, even if your Services are suspended, terminated or
transferred before the end of the Services. RushBee expressly reserves the right
to change or modify its prices and fees at any time, and such changes or
modifications shall be posted online at this Site and effective immediately
without need for further notice to you. If you have purchased Services for a
period of months or years, changes or modifications in prices and fees shall be
effective when the Services in question come up for renewal.
B. Payment. All payments are due upon signup, the Services will not begin until
payment is received. All recurring charges will be due on the monthly
anniversary date of your initial signup. If a payment is returned or rejected by
RushBee's bank, or incurs additional costs for RushBee (e.g., bank fees) for any
reason, then Customer may be charged a service fee of $40 and be required
reimburse all such fees and costs incurred by RushBee, and Customer shall be
immediately deemed to be in default of this Agreement. Accounts and all amounts
in default are subject to a late payment charge of 1.5% per month, or the
maximum amount permitted by law, whichever is greater, until fully paid. If
Customer defaults, Customer agrees to pay RushBee its reasonable expenses,
including attorney, in house legal expenses and collection agency fees, incurred
in enforcing its rights.
C. Billing Policies and Cycles. We offer billing via check, credit card or debit
card charge only. All initial fees must be paid prior to service setup. These
fees may include service setup fees and first month service charge. Our billing
cycle begins on the day we setup your account, and is due on that day each month
thereafter. RushBee attempts to automatically charge the credit card on file for
any past due invoice for current, suspended and cancelled accounts. Accounts
suspended and reactivated must pay all past due and current amounts. Accounts
past due over 30 days cannot be reactivated. You must sign up for new service
and pay the full setup fees associated with the plan you choose. To cancel your
account, you must follow the procedure in Section 18. To ensure that you are not
billed for another month of service, you must cancel your account before your
billing cycle due date. All accounts requesting cancellation are terminated on
the last day of your billing cycle.
Note: All billing correspondence (invoices, notifications, etc.) is done via
email. It is crucial that you maintain a current email address with us.
D. Taxes. All fees charged by RushBee for the Services are exclusive of all
taxes, VAT and similar fees now in force or enacted in the future imposed on the
transaction and/or the delivery of Services, all of which Customer will be
responsible for and will pay in full, except for taxes based on RushBee's net
income. If RushBee is required to pay directly any such taxes, Customer will,
upon receipt of RushBee's invoice, promptly reimburse RushBee for any such taxes
paid by RushBee.
10. Acceptable Use Policy
A. Acceptable Use Policy. RushBee maintains on its Web site RushBee's
then-current Acceptable Use Policy ("AUP"). Customer agrees to abide by the AUP.
RushBee may modify its AUP at any time, and shall post the then-current AUP on
RushBee's Web site, which will be effective upon posting.
B. End Users to Comply with AUP. Customer acknowledges that RushBee may
terminate an end user's access to Customer's Web Site for noncompliance with
RushBee's AUP. RushBee may thus terminate such end user's access to Customer's
Content even if the end user has not violated Customer's own terms and
conditions of use of its Web Site. RushBee acknowledges that Customer may
terminate a User's access to Customer's Content for noncompliance with
Customer's terms and conditions.
Customer acknowledges that the Internet is not a secure or completely reliable
system, and that the purpose of the Services is to allow end users easy access
to Customer's Content. RushBee will take those precautions RushBee deems
reasonable in its sole discretion to secure Customer's Web Site from attack, but
RushBee makes no warranty that there will be no outages or interruptions of
service, or that Customer's Content will be secure against attack of any form by
end users or other third parties.
12. PCI Guidelines
RushBee provides a framework to its customers which is CISP certified under
optimal security settings. However, if a RushBee customer chooses to view credit
card information, that customer is choosing an inherently less secure set of
security settings as well as assuming higher risk that RushBee does not endorse
Therefore, if a RushBee customer chooses to view credit card information that
customer assumes all liability for their actions and the inherent risk
associated with viewing credit card information. RushBee will not be responsible
for any such risk or liability regardless of the security settings.
Further, if a merchant chooses to view credit card information, they are
certifying that they understand and are following all PCI guidelines for viewing
credit card information. These guidelines can be found at Visa's website: PCI
If a merchant does not follow all of the PCI guidelines when viewing credit card
information, that merchant is in breach of its contract with RushBee and
possibly Visa/Mastercard/Discover/American Express.
Regardless of viewing credit card information merchants must comply with the PCI
DSS and assume liability applicable to PCI DSS. In addition per guidelines
stores must use a strong security protocol such as SSL to safeguard sensitive
cardholder data over networks.
At its discretion, RushBee reserves the right to change the security settings of
any merchant at any time with or without warning.
13. Prohibited Practices
RushBee shall have no duty or obligation to monitor Customer's Content or any
other Content provided or distributed by others, and RushBee shall not edit or
otherwise exercise any control over Customer's Content. Nevertheless, RushBee
may, in its sole discretion at any time, without notice to Customer, and without
liability to Customer, remove from public view, disconnect, or terminate the
hosting of any of Customer's Content or other Content that RushBee deems in its
sole discretion to be offensive or illegal, for any one or more of the following
reasons: (i) the content is adjudicated to be in violation of the laws of the
state where the server resides; illegal or sexually explicit Content or
activities, or any Content that allegedly violates the law, rules or regulations
of any country or subdivision thereof; (ii) the content constitutes harassment
of Users, including, but not limited to, by means of Customer's billing
practices; or (iii) Customer's noncompliance with or material breach of any of
the terms and conditions of the AUP or this Agreement; or (iv) claims made by
third parties against RushBee that Customer or any of its end users has engaged
in one or more of the above practices.
14. No Solicitation
Customer agrees Customer will NOT approach any employees of RushBee and its
affiliates with proposals to hire them as its own employees or contractors. If
you were to hire any of RushBee's employees, you agree to pay RushBee for each
employee hired the greater amount of three (3) years' salary for that employee
as you are to pay such employee, or $200,000.
15. Customer's Indemnification
Customer shall indemnify and hold harmless RushBee from and against any and all
claims, demands, actions, causes of action, suits, proceedings, losses, damages,
costs, and expenses, including reasonable attorneys fees and fees attributable
to in house legal personnel, arising from or relating to Customer's provision,
or an end user's use, of Customer's Content, or any act, error, or omission of
Customer in connection therewith, including but not limited to matters relating
to incorrect, incomplete, or misleading information; libel; invasion of privacy;
infringement of a copyright, trade name, trademark, service mark, or other
intellectual property or other right; or violation of any applicable law. This
indemnification is in addition to any indemnification required under the UDRP or
any similar policy.
16. DISCLAIMER OF WARRANTIES
CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT YOUR USE OF THIS SITE AND THE
SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE
SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS". RushBee, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. RushBee, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ABILITY OF THE SOFTWARE TO
PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (III) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND RushBee ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY RushBee, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A
WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS
SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION
OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
17. LIMITATION OF LIABILITY
RushBee ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE
OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR
SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS
INTERRUPTIONS, AND LOSS OF PROFITS, LOST REVENUE OR PUNITIVE OR EXEMPLARY
DAMAGES, EVEN IF RushBee IS AWARE OF THE POSSIBILITY THEREOF. RushBee SHALL IN
NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED
BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE
SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
18. Term and Termination.
You may terminate your right to access and use the Service only by logging in to
customercare.RushBee.com and following the instructions available. For security
reasons, RushBee requires that you authenticate any cancellation, including
paying the stated termination fee where applicable (i.e. Merchant Services,
etc.). Failure to do so will result in the cancellation request not being
processed and you will be liable for all recurring fees until such
authentication is complete. PLEASE NOTE that a cancellation of a particular
Service may not cancel all Services associated with your account.
RushBee may terminate this Agreement and/or your right to access and use the
Service, in whole or in part, at any time and for any reason. RushBee reserves
the right, but not the obligation, to cancel or suspend your Service if your
site(s) causes a sudden significant increased draw on system resources (i.e. a
DDOS attack) that in RushBee's sole opinion impairs its ability to provide
Services to other customers. RushBee also reserves the right to immediately
terminate this Agreement and/or your right to access and use the Service, in
whole or in part, if RushBee finds that you have been abusive to RushBee
Upon expiration or effective termination of the Service by either party for any
reason, (a) RushBee will cease providing the Service, (b) you will not be
entitled to any refunds of any usage fees or any other fees, pro rata or
otherwise, unless RushBee terminates such Service without cause, and (c) any
outstanding balance for your usage of the Service through the effective date of
such termination or expiration will be immediately due and payable in full.
19. No Assignment by Customer
Customer may not assign this Agreement without the prior written consent of
RushBee, which RushBee may refuse in its sole discretion. Any attempt by
Customer to assign this Agreement without prior written permission shall be
deemed null and void. RushBee may assign this Agreement, which shall be
effective upon written notice provided to Customer.
20. No Third-Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third-party rights or
21. Notices of Trademark and Copyright Infringement
RushBee supports the protection of intellectual property. If you would like to
submit (i) a trademark claim for violation of a mark on which you hold a valid,
registered trademark or service mark, or (ii) a copyright claim for material on
which you hold a bona fide copyright, please refer to RushBee's Trademark and/or
Copyright Infringement Policy referenced above and available.
To cover the increasing cost of processing abuse claims, RushBee reserves the
right to charge Customer a processing fee for each instance of notification
received from a legitimate copyright holder. RushBee reserves the right to
suspend or terminate any Services if, upon notification, Customer fails to
comply with a legitimate infringement claim within the specified time.
22. Proprietary Rights Notice
The Service, which includes but is not limited to, all intellectual property
rights in the Service are, and shall remain, the property of RushBee or its
licensor (as applicable). All rights not expressly granted to you in this
Agreement are hereby expressly reserved and retained by RushBee and its
licensors (as applicable). Without limiting the generality of the foregoing, you
shall not (and shall not allow any third party to): (a) use the Service outside
of the scope of the limited license herein granted, including but not limited to
use for the sole purpose of obtaining a competitive advantage against RushBee;
(b) sublicense, distribute, copy, modify, adapt, translate, or prepare
derivative works from, to the Service; (c) use the trademarks, trade names,
service marks, logos, domain names and other distinctive brand features or any
copyright or other proprietary rights associated with the Service for any
purpose without the express written consent of RushBee; (d) register, attempt to
register, or assist anyone else to register any trademark, trade name, serve
marks, logos, domain names and other distinctive brand features, copyright or
other proprietary rights associated with RushBee (or any of its affiliates or
licensors); (e) reverse engineer, disassemble, or decompile any software or
otherwise attempt to discover any source code or trade secrets related to the
Service, in any manner, except as permitted by applicable law; or (f) remove,
obscure, or alter any notice of copyright, trademark, or other proprietary right
appearing in or on any item included with the Service.
(i) Any notice or other communication ("Notice") required or permitted under
this Agreement shall be in writing and either delivered personally or sent by
facsimile, overnight delivery, express mail, or certified or registered mail,
postage prepaid, return receipt requested, to the address listed above in this
Agreement, for RushBee or the address provided in the application form submitted
with the payment for Customer; (ii) a Notice delivered personally shall be
deemed given only if acknowledged in writing by the person to whom it is given.
A Notice sent by facsimile shall be deemed given when transmitted, provided that
confirmation of that transmission was received. A Notice sent by overnight
delivery or express mail shall be deemed given twenty-four (24) hours after
having been sent. A Notice that is sent by certified mail or registered mail
shall be deemed given forty eight (48) hours after it is mailed. If any time
period in this Agreement commences upon the delivery of Notice to any one or
more parties, the time period shall commence only when all of the required
Notices have been deemed given; (iii) either party may designate, by Notice to
the other, substitute addresses, addressees or facsimile numbers for Notices,
and thereafter, Notices are to be directed to those substitute addresses,
addressees or facsimile numbers.
Except for disputes governed by the Uniform Domain Name Resolution Policy, the
laws of the State of Texas shall govern the validity and construction of this
Agreement and any dispute arising out of or relating to this Agreement, without
regard to the principles of conflict of laws; and you hereby consent to (and
waive all defenses of lack of personal jurisdiction and forum non convenes with
respect to) the jurisdiction and venue of the federal and state courts of in
Travis County, Texas, USA. You agree to waive the right to trial by jury in any
action or proceeding that takes place relating to or arising out of this
Agreement. The parties specifically exclude from application to this Agreement
from the United Nations Convention on Contracts for the International Sale of
If a ruling by any court that one or more of the provisions contained in this
Agreement is invalid, illegal or unenforceable in any respect shall not affect
any other provision of this Agreement. Thereafter, this Agreement shall be
construed as if the invalid, illegal, or unenforceable provision had been
amended to the extent necessary to be enforceable within the jurisdiction of the
court making the ruling and to preserve the transactions originally contemplated
by this Agreement to the greatest extent possible. The section and subsection
headings have been included for convenience only, are not part of this Agreement
and shall not be taken as an interpretation of any provision of this Agreement.
This Agreement represents the entire understanding of the parties with respect
to the subject matter hereof, and there are no representations, promises,
warranties, covenants or understandings with respect thereto other than those
contained in this Agreement. Without limiting the generality of the foregoing,
it is expressly agreed that the terms of any purchase order issued by Customer
with respect to the Services provided under this Agreement shall not be
applicable and that any acceptance of such purchase order by RushBee shall be
for acknowledgment purposes only.
Failure to insist upon strict compliance with any of the terms, covenants or
conditions of this Agreement shall not be deemed a waiver of that term, covenant
or condition or of any other term, covenant or condition of this Agreement. Any
waiver or relinquishment of any right or power hereunder at any one or more
times shall not be deemed a waiver or relinquishment of that right or power at
any other time. The remedies set forth in this Agreement are cumulative and are
in addition to any other remedies allowed by law. Resort to one form of remedy
shall not constitute a waiver of alternate remedies.
25. Additional Service Specific Terms
In addition to the general Terms of Service above, you also agree to be bound by
the additional service specific terms applicable to the Services you purchase
and/or use. The following Service Specific Terms and Policies are hereby
incorporated by reference and will be binding upon the parties.
RushBee grants you a limited, non-exclusive license to use the ecommerce
solution as defined by the package you have selected for the sole purpose of
operating an online store. All rights not expressly granted are hereby reserved
RushBee shall provide storage for the Software and content of Customer's Web
Site and make it available for end-users to access (the "Hosting Services"). The
servers used to provide the Hosting Services are physically located in the
United States of America and as such all content will be subject to the laws
You agree RushBee has no control of availability of the Hosting Services on a
continuous or uninterrupted basis. RushBee makes no warranty that the Hosting
Services will be uninterrupted, error-free, or completely secure. You
acknowledge that there are risks inherent in Internet connectivity that could
result in the loss of your privacy, confidential information and property.
You further agree that as a normal course of its business, it may be necessary
for RushBee to migrate its servers. As a result, even though you may have a
dedicated IP, You may be assigned a different IP number. RushBee does not
warrant that you will be able to consistently maintain Your given IP numbers.
Service Level Warranty
RushBee warrants that the network will be available 99.99% of the time in a
given month. This service level warranty shall not apply to performance issues:
(1) to the extent caused by factors outside of RushBee's reasonable control; (2)
that resulted from any actions or inactions of Customer or any third parties not
affiliated with RushBee, for example a DDOS attack on Customer's site or another
customer's site hosted on the same server; (3) that resulted from Customer's
equipment and/or third party equipment; (4) that resulted from software related
issues; or (5) that are scheduled by RushBee for purposes of maintaining or
updating the Web Site or the Software. The network availability measurement
expressly excludes downtime caused by (1)-(5) above.
Subject to Section 17 of this Agreement, if you experience Network Downtime
above and beyond the 99.99% availability, upon request RushBee will refund a
customer 5% of the monthly fee for each 30 minutes of Downtime (up to and not to
exceed 100% of customer's monthly fee). This is your sole and exclusive remedy
for failure to meet the Service Level Warranty. "Network Downtime" exists when a
particular customer is unable to transmit and receive data and RushBee records
such failure in the RushBee trouble ticket system. Network Downtime is measured
from the time the trouble ticket is opened by the customer to the time the
server is once again able to transmit and receive data. If Customer fails to
comply with this requirement, Customer forfeits its right to a receive service
Web Site Content
You shall be solely responsible for providing, updating, uploading and
maintaining your web site and any and all files, pages, data, works, information
and/or materials on, within, displayed, linked or transmitted to, from or
through your web site, including, without limitation, trade or service marks,
images, photographs, illustrations, graphics, audio clips, video clips, email or
other messages, meta tags, domain names, software and text. Your web site
content shall also include any registered domain names provided by you or
registered on behalf of you in connection with the Services. Notwithstanding
anything in this Agreement to the contrary, in no event shall your web site
violate RushBee's AUP or consist of pages containing any of the following types
pornographic, obscene or excessively profane content;
content intended to advocate or advance computer hacking or cracking;
drug paraphernalia; or
hate, violence or racial or ethnic intolerance.
Information Shared with Partners
As a condition of purchasing and using the Hosting Services, you acknowledge and
agree RushBee may provide your personal information to their partners, as
required to provide the plans for which you are purchasing.
You acknowledge and agree RushBee shall have the right to seek justification in
connection with your use of the Hosting Services, specifically your purchase of
IP addresses, and you shall be obligated to provide any and all information
reasonably sought by RushBee pursuant to such justification. You acknowledge and
agree that you are required to begin using at least ninety percent (90%) of your
purchased IP addresses within thirty (30) days of assignment of such IP
addresses to you. In the event you do not begin using at least ninety percent
(90%) of your assigned IP addresses, you acknowledge and agree RushBee shall
have the right to reclaim any unused IP addresses after the expiration of such
thirty (30) day period. In connection with such purchase, you acknowledge and
agree that your name and justification may be disclosed to certain registries,
including, but not limited to, the American Registry of Internet Numbers, in
accordance with policies promulgated by any and all such registries and such
information may be displayed publicly on the Whois database.
You represent and warrant to RushBee that:
Your Content does not and shall not contain any content, materials, data, work,
trade or service mark, trade name, link, advertising or services that actually
or potentially violate any applicable law or regulation;
infringe or misappropriate any proprietary, intellectual property, contract or
tort right of any person; and
that you own your web site content and all proprietary or intellectual property
rights therein, or have express written authorization from the owner to copy,
use and display the content on and within your web site.
You also warrant that the web site being hosted by RushBee will not be used in
connection with any illegal activity. If you are hosting your web site on
RushBee's servers, you are responsible for ensuring there is no excessive
overloading on RushBee's DNS or servers. In the event you exceed your allotted
bandwidth, compute cycles or disk space and thereby overload RushBee's DNS or
servers, you shall be assessed any and all fees, costs and penalties associated
with such overloading. You may not use RushBee's servers and your web site as a
source, intermediary, reply to address, or destination address for mail bombs,
Internet packet flooding, packet corruption, denial of service, or other abusive
activities. Server hacking or other perpetration of security breaches is
prohibited and RushBee reserves the right to remove sites containing information
about hacking or links to such information. Use of your web site as an anonymous
gateway is prohibited. RushBee prohibits the use of software or scripts run on
its servers that cause the server to load beyond a reasonable level, as
determined by RushBee. You agree RushBee reserves the right to remove your web
site temporarily or permanently from its servers if RushBee is the recipient of
activities that threaten the stability of its network. You agree not to engage
in unacceptable use of any Services, which includes, without limitation, use of
the Services to:
in any application or situation where failure of the Services could lead to
death or serious bodil injury of any person, or to severe physical or
disseminate or transmit unsolicited messages, chain letters, unsolicited
commercial email, or unreasonably large volumes of email on a daily basis,
provided, RushBee, in its sole discretion, may permit you, if you have a
legitimate purpose and after request, to send more email than RushBee's standard
SMTP relay limit;
disseminate or transmit any material that, to a reasonable person may be
abusive, obscene, pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening or malicious;
disseminate or transmit files, graphics, software or other material, data or
work that actually or potentially infringes the copyright, trademark, patent,
trade secret or other intellectual property right of any person;
create a false identity or to otherwise attempt to mislead any person as to the
identity, source or origin of any communication;
export, re-export or permit downloading of any message or content in violation
of any export or import law, regulation or restriction of the United States and
its agencies or authorities, or without all required approvals, licenses and/or
interfere, disrupt or attempt to gain unauthorized access to any computer
system, server, network or account for which You do not have authorization to
access or at a level exceeding your authorization;
disseminate or transmit any virus, trojan horse or other malicious, harmful or
disabling data, work, code or program;
engage in any other activity deemed by RushBee to be in conflict with the spirit
or intent of this Agreement or any RushBee policy; or
use your server as an "open relay" or similar purposes.
RushBee prohibits the running of a public recursive DNS service on any RushBee
server. All recursive DNS servers must be secured to allow only internal network
access or a limited set of IP addresses. RushBee actively scans for the presence
of public DNS services and reserves the right to remove any servers from the
network that violate this restriction.
Storage and Security
At all times, you shall bear full risk of loss and damage to your web site and
all of your web site content. You are entirely responsible for maintaining the
confidentiality of your password and account information. You agree you are
solely responsible for all acts, omissions and use under and charges incurred
with your account or password or in connection with the Site or any of your web
site content displayed, linked, transmitted through or stored on the Server. You
shall be solely responsible for undertaking measures to:
prevent any loss or damage to your web site content;
maintain independent archival and backup copies of your web site content;
ensure the security, confidentiality and integrity of all your web site content
transmitted through or stored on RushBee servers; and
ensure the confidentiality of your password.
RushBee's hosting servers are not an archive and RushBee shall have no liability
to you or any other person for loss, damage or destruction of any of your
content. You are solely responsible for the backup of your content. RushBee
shall have no liability to you or any other person for your use of the Hosting
Services in violation of these terms or any applicable law or regulation. You
shall at all times use the Hosting Services as a conventional and/or traditional
web site. You shall not use the Hosting Service in any way, as determined in
RushBee's sole discretion, that shall impair the functioning or operation of
RushBee's Services or equipment. You acknowledge and agree that RushBee has the
right to carry out a forensic examination in the event of a compromise to your
server or account.
In the event you terminate, moving your web site off of the RushBee hosting
servers is your responsibility. RushBee will not transfer or FTP your web site
to another provider. In the event your use of the Services is terminated,
RushBee will not transfer or manage your Services or your web site content.
Additionally, in the event you elect to install or seek assistance from RushBee
in connection with the installation of any third-party software, the following
terms shall apply. You represent and warrant you have the right to use and
install the third-party software, and have paid the applicable licensing fees
for the third party software, and the third-party software does not and shall
not infringe on the intellectual property rights of any other person or entity.
You agree to defend, indemnify and hold harmless RushBee and its employees,
officers and directors for, from and against any and all claims brought against
RushBee and its employees, officers and directors by a third-party alleging the
software infringes: (i) the third-party's rights; or (ii) a U.S. patent,
trademark, copyright or other intellectual property right. You agree that in
such an event you shall pay all resulting costs, damages, expenses and
reasonable attorneys' fees that a court awards and settlements incurred by
RushBee in connection with any such claims.
Suspension of Hosting Services
RushBee may suspend Services without liability if: (i) we reasonably believe
that the Hosting Services are being used in violation of this Agreement or our
Policies; (ii) you don't cooperate with our reasonable investigation of any
suspected violation of this Agreement or our Policies; (iii) there is an attack
on your hosted system or your hosted system is accessed or manipulated by a
third party without your consent, (iv) we are required by law, or a regulatory
or government body to suspend your Hosting Services; or (v) there is another
event for which we reasonably believe that the suspension of Services is
necessary to protect the RushBee network or our other customers. We will use
commercially reasonable efforts to give you advance notice of a suspension under
this paragraph of at least twelve (12) business hours unless we determine in our
sole discretion that a suspension on shorter or contemporaneous notice is
necessary to protect RushBee or its other customers from imminent and
significant operational, legal or security risk.
If your website is the target of a DDoS or other attack, you consent to RushBee
performing mitigation procedures with or without notice to you and without
liability for any delay, disruption or interruption of service. Such procedures
may include, but are not limited to, taking your website offline in order to
isolate your website in a quarantine server, implementing ACL (access control
lists), IP filtering, IP blocking, or any other mitigation techniques necessary
to block the DDoS or other attack. Further, these techniques will remain in
place until your website experiences at least 48 hours of continuous
non-malicious, "normal" traffic.
If your website is moved to a quarantine Server, it will remain there for a
minimum of 48 hours. After the initial 48 hour period, RushBee will evaluate all
traffic targeting your merchant website. If any traffic targeting your merchant
website is deemed to be malicious, in RushBee's sole discretion, your website
will remain on said quarantine Server until it experiences 48 hours of
continuous non-malicious, "normal" traffic.
Domain Name Registration
Generic Top Level Domain Registrations
RushBee is an accredited registrar with the Internet Corporation for Assigned
Names and Numbers ("ICANN") for various generic top-level domain names including
.com, .net, biz, ("gTLDs").
You acknowledge that you have read, understood and agree to be bound by all
terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy
(the "UDRP"), as amended from time to time, which is hereby incorporated and
made a part of this Agreement by reference for all gTLD domain name
registrations or renewals. You acknowledge that RushBee is a registrar bound by
an agreement between RushBee and ICANN. You agree that RushBee may modify this
agreement in order to comply with applicable law and the terms and conditions
set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as
well as any registration rules or policies that may be published from time to
time by RushBee.
No Guarantee of Registration or Renewal
As a domain name registrar, RushBee is, upon accepting your application to
register or renew a domain name, your sponsor for that application. No domain
name registrations shall be deemed effective unless and until we deliver the
domain name registration or renewal application you provide us to the
appropriate registry administrator, as applicable, and that registry
administrator accepts your application and activates your domain name
registration or renewal. You will be entitled to a refund only if your
registration is unsuccessful.
You acknowledge and agree that RushBee does not guarantee that you will be able
to register or renew a desired domain name, even if our systems indicate that
domain name is available or you are able to complete an order with respect to
such name. You also understand that RushBee cannot know with certainty whether
or not the domain name which you are seeking to register is simultaneously being
sought by a third party, or whether there are any inaccuracies or errors in the
domain name registration or renewal process or related databases, including the
various WHOIS or other registry databases. You also acknowledge and agree that
RushBee is not responsible for any inaccuracies or errors in the domain name
registration or renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT
YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further
acknowledge and agree that RushBee may elect to accept or reject your
application for registration or renewal for any reason at its sole discretion,
such rejection including, but not limited to, rejection due to a request for
registration or renewal of a prohibited domain name. You also acknowledge and
agree that RushBee is not liable or responsible in any way for any errors,
omissions or any other actions by any third party including any registry
administrator arising out of or related to your application for and registration
of, renewal of, or failure to register or renew a particular domain name.
By applying to register a domain name, or by asking us to maintain or renew a
domain name registration, you hereby represent and warrant to us that (a) the
statements that you made in connection with such registration, maintenance, or
renewal are complete and accurate, and your contact information will be kept
current; (b) the registration of the domain name will not infringe upon or
otherwise violate the rights of any third party; (c) you are not registering the
domain name for an unlawful purpose; and (d) you will not use the domain name in
violation of any applicable laws, regulations, or RushBee's rules or policies.
You agree and acknowledge that it is your responsibility to determine whether
your domain name registration or use infringes or violates someone else's
rights, including, but not limited to, whether any foreign language translations
of your domain name, either between roman-alphabet languages, between non-roman
alphabet languages, or between roman-alphabet and non-roman alphabet languages,
infringe or violate someone else's rights.
Domain Name Registrant
When registering a domain name with us, you will be asked to designate a
registrant for the domain name. The registrant of a domain name possesses all
rights granted by RushBee under this Agreement to act with respect to that
domain name and any other services obtained from RushBee for use with that
domain name. These rights include (but are not limited to) the authority to
terminate, transfer (where permitted by the Agreement), or modify such services,
or obtain additional services.
IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW
REGISTRANT, THE RushBee SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE
FOLLOWING THE TRANSFER.
During the registration process or thereafter, you must also designate an
administrative contact. The administrative contact may be the same person or
entity as the registrant, or may be different. The registrant may delegate
certain of its rights to the administrative contact, including managing the
domain name, purchasing additional services and transferring the domain name
registration to a different registrar. The registrant is responsible for all
actions or omissions of the administrative contact.
Coming Soon Web Page
All domain names registered through RushBee are pointed to a "Coming Soon" Web
page, which informs visitors that the registrant has recently registered their
domain name via RushBee. The Coming Soon Web page may be modified at any time by
RushBee without prior notice to you and may include such things as, without
limitation (i) links to additional products and services offered by RushBee,
(ii) advertisements for products and services offered by third-parties, and/or
(iii) an internet search engine interface. If for any reason you do not wish to
have the domain name you have registered pointed to a Coming Soon Web page,
please notify our Customer Support.
Fees, Service Term, Renewal Reminders
Each domain name registration is for a one-year initial term, or such longer
term as you may order or as may be required by a particular registry
administrator, and is renewable thereafter for successive one to ten-year terms,
as set forth during the renewal process.
Any renewal of your Services with us is subject to our then-current terms and
conditions, including, but not limited to, payment of all applicable Service
fees at the time of renewal and the registry administrator's acceptance of such
The Renewal Grace Period, while subject to change at any time, is currently 30
days. If you do not purchase the renewal from RushBee during the Renewal Grace
Period your domain name will be flagged for deletion. Once a domain name has
been deleted you have a 30-day redemption window during which you may pay
RushBee a Redemption fee to redeem your domain name. The Redemption fee is
subject to change under the terms of this agreement. If the domain name is not
redeemed prior to the end of the 30-day redemption period your domain name will
be released and it will become available for registration through all domain
name providers on a first-come-first-served basis. To transfer a domain name
during the redemption period, you must first redeem the domain (at the current
redemption fee) and then purchase a domain transfer at the transfer fee. The
transfer fee is subject to change under the terms of this agreement.
In the case of a domain name that has been transferred to RushBee as the
registrant for any reason, RushBee retains the right to modify the contact
information in the WHOIS record for such domain name registration to include
RushBee's contact information or that of a third party. In addition, we reserve
all rights regarding such domain name registration including, without
limitation, the right to (a) make the domain name registration available to
other parties for purchase; and (b) to disable the DNS so that the domain name
no longer resolves on the Internet, or to direct the domain name to an IP
address designated by us, including, without limitation, to an IP address which
hosts a parking, under construction or other page that may include promotions
and advertisements for, and links to, RushBee's Web site, RushBee's product and
service offerings, third-party Web sites, third-party product and service
offerings, and/or Internet search engines, as well as advertise the sale or
auction of such domain name registration. We will reinstate any such Service
solely at our discretion, and subject to our receipt of the applicable Service
or renewal fee and our then-current reinstatement fee.
You acknowledge that you assume all risk and all consequences if you wait until
close to or after the end of a Service term to attempt to renew such Service. If
a Service is not successfully renewed prior to the expiration of its
then-current term, all your rights to such Service will terminate, and we will
have no obligation to allow you to renew a Service once its expiration date has
passed, even if a registry administrator or third party service provider
provides a grace period to RushBee upon expiration or termination of such
Service. You acknowledge that post-expiration renewal or redemption processes
implemented on your behalf are subject to our then-current fees.
Specifically, with respect to domain names, you acknowledge and agree that
RushBee may, upon expiration or termination, elect, at its sole discretion, to:
(i) delete the domain name, (ii) renew the domain name on behalf of a third
party, (iii) sell the domain name; or (iv) otherwise make such domain name
available to third parties. Any expired gTLD domain name that is not sold,
renewed or otherwise made available to a third party will generally be deleted
between 35 and 45 days from the expiration date.
In addition, upon expiration of a domain name registration, RushBee may elect,
at its sole discretion, to disable the DNS so that the domain name no longer
resolves on the Internet, or to direct the domain name to an IP address
designated by us, including, without limitation, to an IP address which hosts a
parking, under construction or other page that may include promotions and
advertisements for, and links to, RushBee's Web site, RushBee's product and
service offerings, third-party Web sites, third-party product and service
offerings, and/or Internet search engines, as well as advertise the sale or
auction of the expired domain name registration. Additionally, you agree that we
may modify the contact information in the WHOIS record for the expired domain
name registration to include RushBee's contact information or that of a third
You are solely responsible for the credit card and billing contact information
you, your agents or Point of Contact provide to RushBee and you acknowledge and
agree that you will promptly inform RushBee of any changes thereto (e.g., change
of expiration date or account number).
You acknowledge and agree that, to the extent necessary, it is your
responsibility to: (1) provide all equipment, including a computer and modem,
necessary for you to establish a connection to the Internet; and (2) provide for
your own connection to the Internet and pay any telephone service fees
associated with such connection.
You are solely responsible for ensuring the Services are renewed. RushBee SHALL
HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR
ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT
LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE
SERVICES. The foregoing limitation of liability is in addition to any other
limitations of liability set forth in this Agreement.
Information and Its Use
You hereby acknowledge and agree that, in connection with your use of certain of
RushBee's Services, you are required to provide certain information and to
update promptly this information as needed to keep it current, complete and
In addition to such other information that RushBee may require you to provide in
order to obtain the Services, RushBee requires that you submit the following
information in connection with domain name registration, administration and
Your full name (or the name of the entity and authorized contact person, if
registration is for an organization, corporation or association), postal
address, email address, voice telephone number, and fax number, where available;
The domain name being registered; and
The name, postal address, email address, voice telephone number, and where
available, fax number for the registrant, administrative contact, technical
contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, the
type of information you are required to provide may have changed. If you do not
wish to provide the new required information, the registration may not be
renewed, in RushBee's sole discretion.
Additional Information Maintained
In addition to the information you provide, we maintain records relating to any
domain name application received by RushBee, as well as any domain name
registered through, administered, or renewed by RushBee. We also maintain
records relating to other Services that we provide to you. These records may
include, but are not limited to:
The original creation date of a domain name registration, renewal, or request
The submission date and time of a registration or renewal application, or
request for Services to us and by us to the proper registry;
Communications (electronic or paper form) constituting submissions, forwarding,
modifications, or terminations of service and related correspondence between you
Records of your account, including dates and amounts of all payments and
The IP addresses of the primary nameserver and any secondary nameservers for the
The corresponding names of those nameservers;
The name, postal address, email address, voice telephone number, and where
available, fax number of various contacts for the Services;
The expiration date of a domain name registration; and
Information regarding all other activity between you and us regarding your use
of the Services.
In the event that (i) in applying for Service(s) or the registration of a domain
name you are providing information about a third party, or (ii) you license a
domain name registered in your name to a third party, you hereby represent and
warrant that you have (a) provided notice to that third party of the disclosure
and use of that party's information as set forth in this Agreement, and (b)
obtained that third party's express consent to the disclosure and use of that
party's information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable
information or willfully failing to update information promptly will constitute
a material breach of this Agreement that will be a sufficient basis for
cancellation of your domain name registration or Service(s), in our sole
discretion. You further acknowledge and agree that your failure to respond for
over fifteen (15) calendar days to an inquiry by RushBee concerning the accuracy
of contact details associated with your domain name registration shall
constitute a material breach of this Agreement and will be a sufficient basis
for cancellation of your domain name registration.
You agree that RushBee (itself or through its third party service providers) is
authorized, but not obligated, to use certain address or billing correction
services to update and/or to change any address or billing information
associated with your account (including, without limitation, registrant address,
billing contact address, and credit card information), and you agree that
RushBee may use such changed information for all purposes in connection with
your account (including the sending of renewal notices or invoices or for
automatic renewal charges).
Disclosure and Use of Information
You acknowledge and agree that RushBee may make available information you
provide or that we otherwise maintain, to such public or private third parties
as applicable laws require or permit, including, but not limited to, making
publicly available, or directly available, some or all of such information: (i)
for inspection by law enforcement officials (including in the case of potential
criminal activity); (ii) to respond to criminal and civil subpoenas and court
orders that reasonably appear to be valid; (iii) in connection with the sale of
all or certain of our assets; (iv) to enforce or apply the terms of this
Agreement; and (v) to protect the rights, property, or safety of RushBee, our
users, or others, whether during or after the term of your use of the Service.
You further acknowledge and agree that RushBee may make publicly available, or
directly available to third parties, some, or all, of the information you
provide, for purposes of inspection (such as through our WHOIS service) or for
targeted marketing and other purposes as required or permitted by applicable
You hereby consent to any and all such disclosures, guidelines, limits and
restrictions on disclosure or use of, information provided by you in connection
with the registration of a domain name or use of any Services (including any
updates to such information), whether during or after the term of your
registration of a domain name or other Services. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such
disclosure or use of information provided by you.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
RushBee will take reasonable precautions to protect the information it obtains
from you from our loss, misuse, unauthorized access or disclosure or use, or
alteration or destruction, of that information. However, RushBee will have no
liability to you or any third party provided that such reasonable precautions
Transfers; Agents and Licenses
You agree that you may not transfer a domain name registration to another domain
name registrar during the first sixty (60) days from the effective date of the
initial domain name registration with us, or at any time after its expiration
date unless the domain name is renewed with RushBee prior to initiation of the
transfer of registrar. After that time, you may transfer your domain name
registration to a third party domain name registrar of your choice, subject to
our then-current policies and procedures.
You agree that, if you are using the Services for someone else, you represent
and warrant that you have: (a) provided notice to that third party of your
intent to purchase the Service(s); (b) obtained that third party's express
consent to purchase the Service(s) on its behalf; and (c) the authority to
nonetheless bind that person as a principal to all terms and conditions provided
herein, including the UDRP. You accept liability for harm caused by wrongful use
of the Services.
You agree that if you license the use of a domain name or other Service
registered in your name to a third party, you nonetheless remain the Service
holder of record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full contact information, and accurate
technical, administrative, billing and zone contact information adequate to
facilitate timely resolution of any problems that arise in connection with the
domain name registration or Service. As further required by ICANN, you shall
accept liability for harm caused by wrongful use of the domain name
registration, unless you promptly disclose the identity of the licensee to a
party providing you with reasonable evidence of actionable harm.
System Performance Degradation
RushBee depends upon its own and third party, computer systems to provide the
Services, and to provide timely information to RushBee's customer service team.
Occasionally, these computer systems are subjected to exceptional volumes of
incoming data, service requests, processes, electronic mail messages, and/or
WHOIS queries that result in significant degradation of system processing and
response time. Regardless of the reason, in those instances when there is system
performance degradation, RushBee reserves the right, in its sole discretion, to
filter or block electronic messages, data and/or processes originating from or
traveling to the identified sources of the high volume traffic. RushBee will
attempt to selectively restore service after system performance returns to
normal limits, provided that such restoration does not result in an adverse
impact on the system. RushBee further reserves the right to permanently filter
or block repeated sources of high volumes of electronic traffic.
Finally, you acknowledge and agree that if your server is involved in an attack
on any computer system, either with or without your knowledge or complicity,
your account will be shut down while the matter is investigated and resolved in
RushBee's absolute discretion.
Suspension, Cancellation, Transfer or Modification of Service(s)
You acknowledge and agree that RushBee may suspend, cancel, transfer or modify
your use of the Services at any time, for any reason, in RushBee's sole
discretion and without notice to you. You also acknowledge and agree that
RushBee shall not be liable to you or to any third party for any such
modification, suspension or discontinuance of the Services. Without limiting the
foregoing, RushBee may, in its sole discretion, suspend, cancel, transfer or
modify a domain name registration (a) to correct mistakes made by RushBee,
another registrar, or the applicable registry administrator, (b) to resolve a
dispute related to that domain name, (c) within thirty (30) calendar days of the
creation date of that domain name registration, (d) if you materially breach
this Agreement (including any applicable additional rule or policy) and do not
cure such breach within five (5) calendar days of notice by RushBee, (e) if you
use the domain name registered to you to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or (f) if you use a domain name in
connection with unlawful activity.
You further acknowledge and agree that your domain name registration is subject
to suspension, cancellation, transfer or modification pursuant to the terms of
any rules or policies applicable to your domain name registration, including,
but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any
registrar (including RushBee) or registry administrator procedures, or (iv) any
other ccTLD registry administrator procedures. You also agree that RushBee shall
have the right in its sole discretion to suspend, cancel, transfer or otherwise
modify your domain name registration at such time as RushBee receives what
reasonably appears to be (a) an authentic notification from a court of competent
jurisdiction, or (b) an arbitration award requiring the suspension,
cancellation, transfer or modification of your domain name registration.
PROVISIONS SPECIFIC TO .BIZ registrations
If you are registering a .BIZ domain name you also agree to:
Registrations in the .BIZ TLD must be used or intended to be used primarily for
bona fide business or commercial purposes. For purposes of the .BIZ Registration
Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean
the bona fide use or bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon, to permit Internet
users to access one (1) or more host computers through the DNS:
To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information, or property of
any kind; or, (ii) the ordinary course of trade or business. Registering a
domain name solely for the purposes of (1) selling, trading or leasing the
domain name for compensation, or (2) the unsolicited offering to sell, trade or
lease the domain name for compensation shall not constitute a "bona fide
business or commercial use" of that domain name.
As a .BIZ domain name registrant, you hereby certify to the best of your
The registered domain name will be used primarily for bona fide business or
commercial purposes and not (i) exclusively for personal use; or (ii) solely for
the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease the domain
name for compensation. More information on the .BIZ restrictions, which are
incorporated herein by reference, are available online.
The domain name registrant has the authority to enter into the registration
The registered domain name is reasonably related to the registrant's business or
intended commercial purpose at the time of registration.
Domain Name Dispute Policy
If you reserved or registered a .BIZ domain name through us, you agree to be
bound by our current domain name dispute policy that is incorporated herein and
made a part of this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge that you have
read and understood and agree to be bound by the terms and conditions of the
following documents (currently available at Icann.org), as they may be amended
from time to time, which are hereby incorporated and made an integral part of
The Uniform Domain Name Dispute Policy;
The Start-up Trademark Opposition Policy ("STOP"); and
The Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection with a dispute
between a registrant of a .BIZ domain name ("Registrant") with any third party
(other than Registry Operator or Registrar) over the registration or use of a
.BIZ domain name registered by Registrant that is subject to the Intellectual
Property Claim Service. The Intellectual Property Claim Service is a service
introduced by Registry Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with the STOP and
its associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry Operator or Registrar
over the registration and use of an Internet domain name registered by
The RDRP sets forth the terms under which any allegation that a domain name is
not used primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider. None of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used primarily for
business or commercial purposes or that a domain name is being used in
compliance with the SUDRP or UDRP processes.
Domain Name Dispute Policy Modifications
You agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our web site at least thirty (30) calendar
days before it becomes effective. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the dispute policy
become effective, you have agreed to these modifications. You acknowledge that
if you do not agree to any such modification, you may terminate this Agreement.
We will not refund any fees paid by you if you terminate your Agreement with us.
Domain Name Disputes
You agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions specified in
our dispute policy in effect at the time of the dispute. you agree that in the
event a domain name dispute arises with any third party, you will indemnify and
hold us harmless pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration services,
you agree not to make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain name record until
(i) we are directed to do so by the judicial or administrative body, or (ii) we
receive notification by you and the other party contesting your registration and
use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your
registration and use of our domain name registration services, we may deposit
control of your domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
Reservation of Rights
RushBee and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the
right to deny, cancel or transfer any registration that it deems necessary, in
its discretion, to protect the integrity and stability of the registry, to
comply with any applicable laws, government rules or requirements, requests of
law enforcement, in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of RushBee and/or NeuLevel, Inc.,
as well as their affiliates, subsidiaries, officers, directors and employees.
RushBee and NeuLevel, Inc. also reserve the right to freeze a domain name during
resolution of a dispute.
You agree to indemnify, defend and hold harmless the .BIZ Registry Operator,
NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of or relating to the
Registered Name holder's domain name registration. This indemnification
requirement shall survive the termination or expiration of the registration
Provisions specific to .COM and .NET registrations
You agree to indemnify, defend and hold harmless the .COM .and NET Registry
Operator, VeriSign, Inc., and its directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to the Registered Name holder's domain name registration.
Fraud Score Service offered by RushBee uses proprietary data, algorithms and
other information and technology of RushBee and its licensors to help merchants
identify potentially fraudulent online transactions. You acknowledge and agree
that RushBee (or its licensors) may, in each of their sole discretion,
respectively, change the form and nature of the Service at any time, from time
to time, without prior notice to you. You acknowledge and agree that RushBee (or
its licensors) may, in each of their sole discretion, respectively, stop
(permanently or temporarily) providing the Service (or any features within the
Service) to you or to users generally at any time, from time to time, without
prior notice to you.
Your license of, use of, and access to Fraud Score Service is conditioned upon
your compliance with these Additional Service Terms.
You will not nor will You permit others to use Fraud Score Service in any way
that violates federal, state, local, international law or the rights of others;
You will not submit queries designed to extract information from Fraud Score
Service, if such information is not specifically to be used for the validation
of an online transaction;
You will not submit false or fictitious input fields, including but not limited
to, internet protocol address, bank identification numbers and information
(e.g., bank name, bank customer service number), and billing location;
You will not use a robot, spider, other automatic device, or manual process to
monitor or copy any data or databases made available by Fraud Score Service;
You will not build or store derivative databases based on the information
provided by Fraud Score Service;
You will not take any action designed to compromise security or tamper with
system resources and/or accounts; and
You will not reproduce, duplicate, copy, sell, trade or resell Fraud Score
Service for any purpose.
You will not (and will not allow any third party to) use Fraud Score Service to
track or collect personally identifiable information of others, nor will you (or
will you allow any third party to) associate any data gathered from use of Fraud
Score Service with any personally identifying information from any source. You
applicable laws relating to the collection of information from your customers
and other visitors.
EXCLUSION OF WARRANTIES / LIMITATIONS OF LIABILITY
IN ADDITION TO THE WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THE
AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF FRAUD SCORE
SERVICE IS AT YOUR SOLE RISK AND THAT FRAUD SCORE SERVICE IS PROVIDED WITH ALL
FAULTS AND ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IN PARTICULAR AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, RushBee (AND EACH OF
ITS AFFILIATES AND LICENSORS), EXPRESSLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY TO YOU THAT YOUR USE OF FRAUD SCORE SERVICE WILL MEET YOUR
REQUIREMENTS; THAT YOUR USE OF FRAUD SCORE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR; THAT ANY INFORMATION OBTAINED BY YOU AS A
RESULT OF YOUR USE OF FRAUD SCORE SERVICE WILL BE ACCURATE OR RELIABLE; OR THAT
ANY DEFECTS OR ERRORS IN THE OPERATION, FUNCTIONALITY OR RESULTS OF ANY PART OF
FRAUD SCORE SERVICE WILL BE CORRECTED. RushBee FURTHER EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ARE ENTIRELY RESPONSIBLE FOR ENSURING THAT YOUR SYSTEM SETTINGS ARE
CONFIGURED CORRECTLY IN ORDER FOR THE SERVICE TO FUNCTION PROPERLY.
FOR THE AVOIDANCE OF DOUBT AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT FRAUD SCORE SERVICE
SHALL ONLY BY USED BY YOU AS A GAUGE OF RISK OF FRAUD RELATED TO A PARTICULAR
CUSTOMER ORDER; THAT YOU WILL NOT RELY ON FRAUD SCORE SERVICE GENERALLY OR ANY
PARTICULAR RESULTS OF FRAUD SCORE SERVICE TO MAKE ANY DECISIONS GENERALLY OR
WITH RESPECT TO ANY PARTICULAR CUSTOMER ORDER; THAT NEITHER RushBee NOR ANY OF
ITS AFFILIATES OR LICENSORS PROVIDES ANY GUARANTEE AS TO THE RELIABILITY,
COMPLETENESS OR ACCURACY OF FRAUD SCORE SERVICE (INCLUDING BUT NOT LIMITED TO
THE CALCULATION OF THE FRAUD SCORE ASSOCIATED WITH ANY PARTICULAR CUSTOMER
ORDER); AND THAT YOU ASSUME ALL RISK ASSOCIATED WITH ANY RELIANCE YOU PLACE ON
FRAUD SCORE SERVICE.
Nothing in these Additional Terms shall exclude or limit any warranty or
liability which may not be lawfully limited or excluded under applicable law.
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of certain liabilities. Accordingly, only the provisions
hereof which are lawful in your jurisdiction will apply to you and liability
hereunder will be limited to the maximum extent permitted by the laws of your
Design and Development
"Software" means the RushBee eCommerce software, current release version,
including any updates provided by RushBee, and RushBee's proprietary technology
and source code.
"Custom Work Product" means all designs, discoveries, inventions, products,
computer programs, procedures, improvements, developments, drawings, notes,
documents, information, and materials made, conceived, or developed by RushBee
after the Effective Date on behalf of Customer in furtherance of the Web Site or
other Services provided to Customer under the terms of this Agreement, and paid
for by Customer. Custom Work Product does not include any preexisting software
owned by RushBee, or any Customer Content or any third party software products
incorporated into the Custom Work Product.
"Generic Modules" means discrete computer program subroutines that are not
specific to the functions of the Custom Work Product but are useful generally in
RushBee's business and that are designated as "Generic Modules" in writing
signed by both parties.
"RushBee Technology" means any and all existing software, technology, know how,
algorithms, procedures, techniques, and solutions associated with the use,
design, development, testing, and distribution of the Custom Work Product and
improvements to such existing software and related technology, which technology
is owned by RushBee or its suppliers and used by RushBee in the development
"Intellectual Property" means intellectual property or proprietary rights,
including but not limited to copyright rights, moral rights, patent rights
(including patent applications and disclosures), rights of priority, mask work
rights, and trade secret rights, recognzed in any country or jurisdiction in the
RushBee agrees to provide web site development and related services that
substantially comply with the information provided by Customer to RushBee in
responses to the Design Preferences Form and agreed to by RushBee (the
"Statement of Work".) Customer understands that RushBee's design and development
obligations are limited to those expressly set forth in the Statement of Work
and may be used on the designated domain name only. Any design or development
work above and beyond the Statement of Work as requested by Customer is subject
to RushBee acceptance and will be charged to Customer at additional fees.
RushBee will provide Customer with a link to the work designed, created, and/or
produced by RushBee in connection with this Agreement and as further set forth
in the Statement of Work (the "Deliverables"). Customer shall have 14 days after
RushBee provides the link to inspect and test the Deliverables to determine if
it conforms to the Statement of Work. If, and only if, the Deliverables fail to
materially conform to the specifications in the Statement of Work, RushBee will
use commercially reasonable efforts to resolve the failure provided that
Customer shall give RushBee written notice of the failure describing the defect
in the Deliverable with sufficient specificity so as to allow RushBee to easily
identify and rectify the failure. Such specificity should include specific page,
file or URL references and detailed information about the nature of the defect.
Time to Cure
After receipt of notice of a material non-conformity, RushBee shall have 30 days
to remedy such failure or defect and redeliver such Deliverables to Customer.
Customer shall have 14 days after RushBee redelivers to inspect and test the
Deliverables to determine if it conforms to the Statement of Work. If the
Deliverables continue to fail to materially conform to the specifications in the
Statement of Work, then: (i) either Party may terminate this Agreement; or (ii)
if both Parties agree, RushBee will be given an opportunity to cure any defects
in accordance with this section.
The Deliverables shall be deemed to be accepted upon the earlier of (a) written
notice by Customer to RushBee of such acceptance or (b) expiration of the time
period for Customer's inspection without written notice to RushBee of material
non-conformance. Customer shall not unreasonably withhold or delay acceptance.
The Deliverables are provided for use on the designated domain only. Should you
desire to mirror the design on one or more different domains you must submit an
order identifying the new or additional domain. The initial mirroring may be
completed without additional charge; however any future updates or modifications
to the design will require additional fees on a per domain basis.
Ownership of Customer Content
Customer acknowledges and agrees that (a) unless expressly stated elsewhere,
RushBee has no proprietary, financial, or other interest in Customer's Content;
(b) RushBee does not, by virtue of offering or hosting Customer's Content, edit,
distribute, market, sublicense, publish, or otherwise provide Customer's Content
to end users; and (c) Customer is solely responsible for the information, data,
graphics, text, quality, performance, and all other aspects of its Content.
Customer warrants that it owns or has the right to use and offer the Content in
connection with Customer's Marks in the manner in which such Content is offered
and will be offered by Customer during the term of this Agreement.
Protection of Content
Customer acknowledges and agrees that Customer is solely responsible for
ensuring the integrity of its Content. Although RushBee may, from time to time,
provide data backup services, Customer is advised that RushBee is not an insurer
and is in no way responsible for any damages resulting from the loss of
Customer's Content, regardless of the reason for such loss. Customer is solely
responsible for backing up/archiving Customer's Content.
Grant of License
Upon final and full payment of all fees associated with the Deliverables,
RushBee grants to Customer a limited, non exclusive, license to use, reproduce,
display, and perform, works based upon the Deliverables, RushBee Technology, the
Generic Modules, and all Intellectual Property rights contained in the Custom
Work Product on the designated domain. This license shall only extend to the
extent necessary for the Customer to maintain a web site while hosted with
RushBee. Customer agrees to maintain a text hyperlink to
"http://www.RushBee.com" in the header or footer of the website. The link must
Custom Work Product, Software, RushBee's Content, RushBee Technology, the
Generic Modules, and all Intellectual Property rights contained therein are and
will remain the sole and exclusive property of RushBee.
RushBee's Rights to Customer Content
Customer grants to RushBee a non exclusive, worldwide, perpetual, royalty free
license to reproduce, modify, display, perform, adapt, transmit, distribute,
improve, and otherwise use customer content in connection with RushBee's
performance under this Agreement.
RushBee's Right to Re-Use Deliverables
Customer understands and specifically acknowledges that RushBee may, in its sole
discretion, use some or all of the Deliverables (excluding content provided by
customer) in the future in commercial development projects for other customers.
Nothing in this Agreement shall be construed to limit RushBee's right to do so
or to use any information in non-tangible form retained by RushBee as ideas,
information and understandings retained in the human memories of its employees,
contractors and agents, provided that RushBee may only use information of
general applicability and not Customer's Confidential Information. This
provision shall not be construed to operate to grant RushBee any rights under
Customer's patents or copyrights.
Customer to Cooperate
Customer will provide reasonable assistance and cooperation to RushBee to
acquire, transfer, maintain, perfect, and/or enforce the Intellectual Property
rights in the web site (excluding content provided by Customer) and Custom Work
Product, including, but not limited to, execution of a formal assignment or such
other documents as may be reasonably requested by RushBee. Customer hereby
appoints the officers of RushBee as Customer's attorneys in fact to execute such
documents on Customer's behalf for this purpose.
To the extent that Customer has any interest or right with respect to the
Deliverables, such interest or right shall be subject to (and Customer hereby
grants to RushBee) a security interest to the extent of the difference between
the payments that are due and the payments that are actually made by the
Customer for such Deliverables. Upon request of RushBee, Customer shall execute
any instrument required to perfect such security interest.
Fees for Design Services
The purchase of Design Services is a purchase of the time and creativity of
RushBee's Design Services team. As such, this is a limited resource and RushBee
requires that purchases be consummated within a reasonable amount of time. If
You purchase Design Services, including but not limited to Custom Template
designs, you must provide the required input, as required in the Welcome email
sent by RushBee, within three (3) months of your order date. Failure to timely
provide the required input to initiate the design or to timely respond to
additional inquiries which cause inactivity on the Services for three (3) months
will result in the Services being deemed closed and delivered in full
satisfaction. No further Services will be provided without the purchase of
additional Services and You will not be entitled to a refund.
While the sale of most RushBee Services are final and without a right to refund,
we understand that Development Services require a longer involvement and
circumstances may change. In order to provide flexibility to You, RushBee allows
the following refunds for Design Services only: If after the initial
consultation with the Design Service team, Customer no longer wishes to purchase
the design package, Customer may notify RushBee within one (1) business day to
obtain a full refund. Once the Design Services team has begun work on the
project, full refunds are no longer available. A partial, pro-rated refund may
be obtained within thirty (30) days after the first Customer input is required
for the specified Service. Such refund will be pro-rated to compensate RushBee
for any expenditure in time, money or other resources already spent on the
partial provision of the Services.
Standard Fast Traffic Marketing Services provided
RushBee agrees to direct a certain amount of visitors to the Customer's website
per year and for a fee. The number of visitors varies per plan and is viewable
at RushBee's website. Clicks per month are estimated and based on the yearly
total. RushBee will endeavor to deliver the total number of clicks per year for
the chosen plan before that year has expired. However, if RushBee does not
deliver the full amount of clicks within that year, we will continue to deliver
traffic to your site at no extra charge until we have reached the total clicks
per year the plan lists. If you cancel before a month is over, you will not
receive any additional clicks. RushBee will apply commercially reasonable
efforts to qualify visitors. However, there is NO GUARANTEE on the number of
conversions produced by visitors and there is NO GUARANTEE against fraudulent
Custom Fast Traffic Marketing Services provided
If you purchase a custom Fast Traffic plan, RushBee agrees to spend an agreed
amount per month on ad spend. This ad spend is estimated per day and may exceed
a given day's budget by as much as 20% but will not exceed the agreed upon total
per month. Custom Fast Traffic plans require a minimum three (3) month
commitment (the "Commitment period"). Early cancellation during the Commitment
period will be subject to a non-refundable $500 early cancellation fee. As with
the standard Fast Traffic services, RushBee will apply commercially reasonable
efforts to qualify visitors. However, there is NO GUARANTEE on the number of
conversions produced by visitors and there is NO GUARANTEE against fraudulent
Acceptable Use Policy
RushBee not offer Fast Traffic Marketing Services to any site in violation of
the RushBee AUP. RushBee retains the right to determine whether a site is in
violation of the AUP in its sole discretion.
In addition to the terms and conditions herein, you acknowledge that RushBee is
providing the Merchant Services through a third-party service provider, and,
accordingly, this Agreement and use of the Merchant Services is subject to such
providers' acceptance of your application and your acceptance of the providers'
terms and conditions.
If you chose a solution that includes email, RushBee will license to you the
initial environment subject to the terms herein. You will otherwise be
responsible for administering your mail service, including adding mailboxes,
wireless or other service components, adding additional storage capacity,
managing settings and configuring spam filters.
Limitations on Email Services
RushBee may provide some functions designed to filter unwanted email such as
spam. You acknowledge that such filters are limited and may result in the
capture of legitimate email as well as fail to capture some unwanted email. You
further acknowledge that third party filtering systems may prevent the
successful delivery of your messages.
RushBee is not responsible for the complete backup of your email. RushBee may
perform routine data backups on a "snap shot" bases at a specific moment. This
will capture those items that are present during the exact time of the backup
and will not capture a backup of every email that is sent, received or stored.
This backup may only be retrieved for a limited time, generally no more than
fourteen (14) days from date of backup. Any request for retrieval will be
performed at a time and materials basis with a minimum 2 hour charge. RushBee
does not warrant that the retrieval will be successful in recovering the item(s)
desired. Failure to do so shall in no way wave Customer's obligation to pay for
the retrieval services.
RushBee has a zero tolerance spam -also known as Unsolicited Commercial Email
(UCE)- policy. RushBee does not permit spam being sent using RushBee mail
All email sent via RushBee servers must meet the following criteria:
The recipient of your email has made a purchase, requested information,
responded to a questionnaire or a survey, or had offline contact with you.
Marketing/Newsletter emails must provide a working link for users to
All requested to unsubscribe must be processed within 10 days.
Email "from address" must contain the domain name of your RushBee store.
Email subject lines must not contain misleading information.
RushBee may actively monitor our mail servers for abuse. Any customer found to
be using RushBee mail servers to send spam will be immediately cut-off from use
of RushBee Services without refund.
Use of any mass email programs in conjunction with RushBee SMTP servers is
To cover the increasing cost of processing spam claims, RushBee reserves the
right to charge Customer a processing fee for each instance of notification
received from recipient of Customer's email. RushBee reserves the right to
suspend or terminate any Services if RushBee has a reasonable good faith belief
that Customer is engaging in UCE or UCE related activities.
We respect your privacy. The content of your items is your confidential
information and will be treated as such. We agree that our personnel will not
view the content of your items except in the specific ways defined below.
However, you agree that we may view and use the message routing data for our
general business purposes, including maintaining and improving security,
improving our services, and developing products. In addition, you agree that we
may disclose message routing data to third parties in aggregate statistical
form, provided that we do not include any information that could be used to
Our Limited Rights to View and Use Your Content
You agree that our personnel may view the content of your email and other items
for the following purposes: i. as necessary to respond to your specific support
request; ii. to ensure that backups are being performed properly; iii. for Bulk
Mail, to ensure compliance with our requirements for Bulk Mail stated above; iv.
as appropriate to the exercise of our rights to use and disclose as required by
law or court order; and v. for Junk Mail, to improve our email filter.
If we use third party vendors to help us provide Services to you, we may permit
those vendors to view and use your email content for the same purposes described
above, provided that the vendors are subject to confidentiality and privacy
restrictions at least as stringent as those stated we provide. In addition, we
may share the content of your Junk Mail with independent third party abuse
agencies and trade groups for the purpose of assisting in industry initiatives
to control undesirable email.
You acknowledge that RushBee is required to establish an abuse@[yourdomain].com
postmaster@[yourdomain].com address for each of your domains. RushBee personnel
or the personnel of our third party vendor will review the content of all mail
received at these addresses. You may configure your Mail Service such that mail
is not received at these addresses but is instead forwarded to someone within
WE WILL NOT EMPLOY TECHNOLOGY TO READ YOUR EMAIL MESSAGES IN ORDER TO TARGET,
DISPLAY OR SEND MARKETING ADS BASED ON THE CONTENT OF THOSE EMAIL MESSAGES.
In addition to the terms and conditions of this Agreement, you acknowledge that
RushBee may provide the SSL Services through a third-party service provider, and
accordingly, use of the SSL Services is subject to such service provider's
acceptance of your application and your acceptance of their terms and
If you are purchasing a Verisign branded SSL, you agree to be bound by the
contract terms applicable to the Product as specified by VeriSign and published
at http://www.verisign.com/repository/subscriber/index.html, or
http://www.geotrust.com/resources/repository/legal.asp (as applicable); and you
acknowledge that VeriSign shall be an express third party beneficiary of the
obligations contained in this Agreement. VeriSign may modify its contract terms
from time to time and you agree to flow-down such new terms to your new
customers. In order to maintain the trust and integrity of the VeriSign PKI,
VeriSign in its sole discretion retains the right to revoke a customer's Product
for activities that VeriSign considers harmful to the VeriSign PKI
"SEO Services" means the search engine optimization services for Customer's Web
Site described in this Agreement. SEO Services do not include any programs or
other services not specifically described herein.
Customer hereby approves RushBee to access Customer-owned Google Account,
including access to Blogger, Google Analytics, Google Webmaster Tools and Google
Base, and other Customer-owned search engine marketing or other online accounts,
as necessary, for the purpose of performing tasks as part of the SEO Services.
Customer shall provide access information and passwords as needed and requested
by RushBee from time to time.
As part of the SEO Services RushBee may "ghostwrite" certain articles on behalf
of the Customer to be attributed to an individual within the Customer's
organization (usually the owner) when published on Customer's blog and third
party Web Sites. Customer authorizes RushBee to write and publish articles on
his/her behalf on Customer's Web Site, blog and third party websites.
Attribution will be in the form of an "About the Author" statement that appears
after each article on the blog and other sites. With Customer input, RushBee
will provide several variations of "About the Author" statements for approval,
after which these statements can be modified by RushBee as needed to accommodate
the inclusion of various keyword phrases. Customer has the option to approve or
suggest changes to articles within 2 business days of completion. If Customer
suggests modifications, changes will be implemented and the article will be
published without further delay. If Customer does not respond within 2 business
days (Monday through Friday excluding Holidays), approval is assumed and the
article will be published.
Customer acknowledges that RushBee will not be held responsible for delays in
service caused by Customer's failure to provide necessary and requested
information in a timely manner, including but not limited to approvals, login
info and passwords, keywords, and other critical feedback. Such delays on the
side of the Customer can seriously impair the SEO Services and negatively affect
RushBee is not liable for any loss of ranking or traffic. Further RushBee is not
liable for any other changes or issues caused by other search engine
optimization companies or by the Customer or any third party. Customer agrees to
notify RushBee promptly if customer engages in any other SEO efforts or partners
and/or hires another search engine optimization company during this contract
term. RushBee does not guarantee any increase in traffic or sales. RushBee also
does not guarantee any exact placement in any search engines.
You may by virtue of submitting a statement of work (an "Order" or "SOW"),
request that RushBee perform certain "Professional Services" including but not
integrations, store setup, reports plus and/or quick view. Upon acceptance of
such Order, RushBee agrees to provide the requested Professional Services
subject to the terms and conditions of this Agreement and these product specific
terms. Any terms on the Order other than the description of the Professional
Services requested and the agreed upon pricing are hereby rejected.
RushBee Services; Client Obligations
Once all required Customer Content (defined below) is received and processed by
RushBee, RushBee shall use commercially reasonable efforts to provide the
deliverables (as defined in the applicable Order) and related services (the
"Services") in accordance with the applicable Order. Customer shall provide
RushBee all necessary materials, data or intellectual property owned or
controlled by Customer that are necessary to completion of the Services
(collectively generally "Customer Content") in a timely fashion free and clear
of any royalty obligations, and in a digital format suitable for reproduction
and satisfactory to RushBee. RushBee reserves the right but not the obligation
to edit, reject or refuse to include in the Deliverables any Customer Content
that RushBee deems to violate its AUP, is in violation of local, state, or
federal laws, or otherwise inappropriate. Customer understands the any proposals
provided by RushBee are considered proprietary and confidential information of
RushBee and that RushBee is providing such information to Customer based on
Customer's agreement to hold all such information in the strictest confidence
and not disclose any such information to any third party, other than those
employees of Customer who are bound by obligations of confidentiality and who
need to know the information disclosed herein for purposes of evaluating whether
to order the Professional Services.
Fees and Invoicing
Subject to the terms and conditions of this Agreement, Customer shall pay the
fees set out in each Order. Unless otherwise indicated on the applicable Order,
fees shall begin to accrue on the date 35 calendar days after the execution of
the applicable Order (whether or not Customer has complied with its obligations
set forth above). Failure to timely pay fees due hereunder gives RushBee the
right to stop providing Professional Services under any active Order. RushBee
may, at any time, set-off any amounts due to Customer against any amounts owed
by the Customer to RushBee, whether pursuant to this Agreement or otherwise.
Notwithstanding RushBee's exercise of any of the foregoing, RushBee reserves the
right to exercise any other rights or remedies available to RushBee under this
Agreement or applicable law.
Customer hereby grants to RushBee a nonexclusive, worldwide, perpetual,
sublicensable, royalty-free license to use, store, display, perform, reproduce,
modify, transfer and transmit such Customer Content for the purpose of
performing Professional Services for Customer, and such other purposes as may be
reasonably contemplated pursuant to this Agreement. As between RushBee and
Customer, any preexisting intellectual property, including, but not limited to,
trademarks, trade names, logos, ideas, concepts, techniques, processes,
software, HTML code, source files, previously recorded content, stock footage
and the like, (collectively, "RushBee Content"), whether or not reduced to a
tangible form or medium, that RushBee incorporates or includes in the
deliverables, belongs exclusively to RushBee. As between the parties, all
intellectual property and proprietary rights in the deliverable are retained
exclusively by RushBee except to the extent otherwise expressly provided in the
Order. Subject to full payment by Client of all amounts due hereunder, RushBee
hereby grants to Customer a nonexclusive, worldwide, perpetual, royalty free
license to use, store, display, perform, reproduce, modify, distribute, transfer
and transmit the deliverables and any RushBee Content that RushBee incorporates
or includes in such deliverables, provided, however, that any use of RushBee
logos, trademarks and service marks shall be used solely in compliance with
RushBee's then published guidelines, and subject to RushBee's written approval
prior to any use. Customer understands and agrees that RushBee may repurpose and
reuse the RushBee Content and deliverables (excluding any Customer Content
incorporated or included therein) with other customers and projects.
RushBee may provide Customer with certain services that require RushBee to store
Customer Content and/or other data on servers owned or controlled by RushBee
("Stored Content"). To the extent that RushBee agrees to provide such services
to Customer, Customer hereby grants RushBee the right and license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such
Stored Content as necessary for RushBee to perform its obligations under this
Agreement. RushBee shall implement reasonable security procedures to protect the
Stored Content from unauthorized access. If RushBee adheres to such reasonable
security procedures, as the same may be revised from time to time, there is a
conclusive irrebuttable presumption that RushBee has satisfied the foregoing
obligation. Unless otherwise expressly agreed by RushBee in writing, Stored
Content may be returned to Customer or deleted or destroyed, at RushBee's sole
discretion, at any time and in no event will RushBee be obligated to retain any
Stored Content for longer than one year. Customer is solely responsible for
creating back-ups of the Stored Content, and for reconstruction of Stored
Content that is lost, deleted or destroyed for any reason. Although RushBee
believes that it takes reasonable precautions to prevent loss, alteration, or
improper access to Stored Content, RushBee makes no guarantees that any such
loss, alteration of improper access will be prevented. Under no circumstances
shall RushBee be held responsible or liable for situations where the accuracy,
security, stability or availability of Stored Content is compromised by: the
Customer directly, by software or programs provided to RushBee by Customer,
actions RushBee undertakes at the request of Customer, the performance or
failure of any equipment, telecommunications service, Internet connection,
Internet service provider, or any other third-party provider, or any other
failure or problem not specifically attributable to RushBee, or by any third
party's action by illegal or illicit means, including situations where Stored
Content is accessed or compromised through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to RushBee at the time). IN THE
EVENT THAT STORED CONTENT IS LOST, DELETED, DESTROYED OR DAMAGED DUE TO THE
NEGLIGENCE OF RushBee, RushBee'S AGENTS OR EMPLOYEES, CLIENT'S SOLE AND
EXCLUSIVE REMEDY SHALL BE THE RESTORATION BY RushBee FROM CUSTOMER'S BACK-UP OF
SUCH LOST, DELETED, DESTROYED OR DAMAGED STORED CONTENT, PROVIDED, HOWEVER, THAT
SUCH RESTORATION CAN REASONABLY BE PERFORMED BY RushBee, AND PROVIDED, FURTHER,
THAT CUSTOMER FURNISHES RushBee WITH ALL BACK-UP COPIES OF STORED CONTENT
NECESSARY FOR SUCH RESTORATION. Upon Customer's reasonable request, RushBee will
use commercially reasonable efforts to make available a copy of Customer's
Stored Content so that Customer may make provisions for secondary off-site
storage of such Stored Content, provided that such efforts may incur additional
fees payable by Customer.
Disclaimer of Warranties; Limitations of Liability
IN ADDITION TO THE WARRANTY DISCLAIMERS AND LIMITS OF LIABILITY IN THE AGREEMENT
ABOVE, RushBee FURTHER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF
CORRECTNESS, ACCURACY, RELIABILITY, COMPATIBILITY, COMPLETENESS, AND ANY
REPRESENTATIONS OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE
PRACTICE. RushBee DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE
USE OF OR THE RESULTS DERIVED FROM THE DELIVERABLES OR ANY PRODUCTS OR SERVICES
PROVIDED HEREUNDER IN TERMS OF LEAD GENERATION, INCREASE IN BUSINESS OR
Abuse, Trademark, Copyright
Whether you are the holder of a trademark, service mark, or copyright, RushBee
is committed to helping you protect your legal rights. Therefore, we have
established the following policies for considering trademark and/or copyright
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP")
if you have a concern or dispute concerning a registered domain name. The UDRP
covers domain names disputes; this policy specifically excludes domain name
Copyright and Trademark Claims
To notify RushBee that there has been a copyright or trademark violation, please
follow the specific instructions in (A) for filing a trademark claim, or (B)
filing a copyright complaint.
If you are responding to a complaint of infringement, you will need to follow
our Counter Notification policy in (C).
1. If you (the "Complaining Party") would like to submit a trademark claim for
violation of a mark on which you hold a valid, registered trademark or service
mark (registered with the United States Patent and Trademark Office or, for
foreign marks, registered with the appropriate intellectual property
organization of your country; state registrations are not considered valid for
these purposes), RushBee requests that the Complaining Party substantiate such
claim by providing the following information via email to abuse@RushBee.com. The
words "Trademark Claim" should appear in the subject line.
To be considered effective, a notification of a claimed trademark violation must
include the following information:
The trademark, service mark, trade dress, name, or other indicia of origin
("mark") that is claimed to be infringed, including registration number.
The jurisdiction or geographical area to which the mark applies.
The name, post office address and telephone number of the owner of the mark
The goods and/or services covered by or offered under the mark identified above.
The date of first use of the mark identified above.
The date of first use in interstate commerce of the mark identified above.
A description of the manner in which the Complaining Party believes its mark is
being infringed upon.
Sufficient evidence that the owner of the website that is claimed to be
infringing is a RushBee customer.
The precise location of the infringing mark, including electronic mail address,
A good faith certification, signed under penalty of perjury, stating:
The content of the website [identify website] infringes the rights of another
The name of such said party,
The mark [identify mark] being infringed, and
That use of the content of the website claimed to be infringing at issue is not
Upon receipt of the appropriate information identified in Section 1 above, for
trademark claims, RushBee will initiate an investigation. While RushBee is
investigating the claim, RushBee, at its sole discretion and without any legal
obligation to do so, notify the posting party it will lock down the posting
party's domain name(s), redirect the posting party's DNS, forward the
Complaining Party's written notification to the posting party, and/or if it is
solely stored on a RushBee server, temporarily remove or deny access to the
If RushBee concludes that the Complaining Party has raised a legitimate
trademark claim, it may, at its sole discretion and without any legal obligation
to do so, continue to suspend the posting party's RushBee account and/or if it
is solely stored on a RushBee server, deny access to the challenged material. If
RushBee concludes that the Complaining Party has not raised a legitimate claim
or if it is not clear whether the Complaining Party has raised a legitimate
claim, RushBee will restore access to the challenged material subject to a valid
The Complaining Party should understand that RushBee, an ICANN accredited
registrar, and its customers are bound by the UDRP. Nothing in this Policy
should be construed to supersede the UDRP, nor the obligation of RushBee and its
customers to abide by it in the context of domain name disputes.
If the Complaining Party would like to submit a copyright claim for material on
which you hold a bona fide copyright, RushBee requests that the Complaining
Party substantiate such claim by providing RushBee with the following
information via email to abuse@RushBee.com. The words "Copyright Claim" should
appear in the subject line. A copyright claim can also be submitted by mail to:
Copyright Agent, RushBee, 8508 Queens Blvd., 2/Fl., Queens, NY 11373.
To be considered effective, a notification of a claimed copyright infringement
must be provided to RushBee and must include the following information:
An electronic signature of the copyright owner, or a person authorized to act on
behalf of the owner, of an exclusive copyright that has allegedly been
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works on that site.
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit RushBee to
locate the material.
iv. Information reasonably sufficient to permit RushBee to contact the
Complaining Party, such as an address, telephone number, and, if available, an
electronic mail address at which the Complaining Party may be contacted.
A statement that the Complaining Party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
A statement that the information in the notification is accurate, and under
penalty of perjury, that the Complaining Party is the owner, or is authorized to
act on behalf of the owner, of an exclusive right that is allegedly infringed.
For Copyright Claims, upon receipt of appropriate notification from the
Complaining Party, pursuant to Section 1 of Copyright Claims above, RushBee will
remove or disable access to the material that is claimed to be infringing.
If the Complaining Party provides RushBee with appropriate notification,
pursuant to Section 1 of Copyright Claims above, including information
reasonably sufficient to permit RushBee to locate and remove or disable the
material in question, or includes information concerning repeat infringement,
then RushBee will forward the Complaining Party's written notification to such
alleged Infringer and shall take reasonable steps promptly to notify the
Infringer that it has removed or disabled access to the material.
Counter Notification Policy
Counter Notification. If you have received a notice of copyright or trademark
infringement, you may provide Counter Notification by emailing abuse@RushBee.com
and including the following:
An electronic signature of the Infringer.
Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed
or access to it was disabled.
A statement under penalty of perjury that the Infringer has a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.
The Infringer's name, address, and telephone number, and a statement that the
Infringer consents to the jurisdiction of the Federal District Court for the
judicial district of Texas, or if the Infringer's address is outside of the
United States, for any judicial district in which RushBee may be found, and that
the Infringer will accept service of process from the Complaining Party or an
agent of such Party.
Upon receipt of a Counter Notification as described in Section 1 above, RushBee
shall promptly provide the Complaining Party with a copy of the Counter
Notification, and inform such Party that it will replace the removed material or
cease disabling access to it in ten (10) business days. RushBee will replace the
removed material and cease disabling access to it in not less than ten (10), nor
more than fourteen (14), business days following receipt of the Counter
Notification, unless RushBee first receives notice from the Complaining Party
that such Complaining Party has filed an action seeking a court order to
restrain the Infringer from engaging in infringing activity relating to the
material on RushBee's system or network.
It is RushBee's policy to provide for the termination, in appropriate
circumstances, of RushBee customers and account holders who repeatedly violate
this policy or are repeat infringers of copyrighted works, trademarks or any
other intellectual property.
To cover the increasing cost of processing abuse claims, RushBee reserves the
right to charge Customer a processing fee for each instance of notification
received from a legitimate copyright holder. RushBee reserves the right to
suspend or terminate any Services if, upon notification, Customer fails to
comply with a legitimate infringement claim within the specified time.
RushBee collects basic client information to make your support experience the
very best on the Internet. We respect your privacy, and we assure you that we
will maintain and use this information responsibly. Because RushBee has
our European Union Customer that can be found here.
RushBee gathers navigational information about where you go on our Web site.
This information allows us to see which areas are most visited. This helps us
improve the quality of visitors' online shopping experiences by recognizing and
delivering more of the features, services and products our visitors prefer.
Additional non-personally identifiable information (i.e. domain type, browser
version, service provider and IP address) may be collected which will provide
information regarding your use of our Web site (such as the time of your last
visit to a page on our site).
Disclosure of Personal Information
Any information you provide to us at this site when you establish or update an
account, purchase credits online or request information (i.e. name, address,
e-mail address, telephone number and credit card information), is maintained in
private files on our secure Web server and our internal systems. This
information is used to enable RushBee to deliver services to you. To ensure
compliance with federal law, RushBee does not maintain information provided by
children under the age of 16.
You should be aware that we may disclose specific information about you if
necessary to do so by law or based on our good faith belief that it is necessary
to conform or comply with the law or is necessary to protect the users of our
Web site, the site or the public.
RushBee does not sell, rent or trade your e-mail address to third parties. We
may, however, use third parties to help us provide services and marketing to
you, such as fulfilling orders, processing payments, monitoring site activity,
conducting surveys, and administering e-mails. If personally identifiable
information (i.e. name, address, e-mail address, telephone number) is provided
to any of these third parties, we will require that such information be
maintained by them in strictest confidence.
RushBee uses a browser feature known as a cookie, which assigns a unique
identification to your computer. Cookies also allow RushBee to make our sites
more responsive to your needs, by delivering a better and more personalized
experience to you. The cookies are typically stored on your computer's hard
drive and are used by RushBee to help track your clicks as you go through the
track of support requests and to tell us whether you have previously visited a
RushBee website. This allows registered users to avoid reentering information
upon every new visit to our site.
Updating Personal Information
We prefer to keep your personal information accurate and up-to-date. To do this,
we provide you with the opportunity to update or modify your personal
information including billing and shipping information by logging into your
Use of Forums / Discussion Boards
None of the information contained on our Website is medical, legal, business, or
other advice or opinion of RushBee. Any opinion expressed via this service is
that of its author. Users are reminded that postings are automatic,
instantaneous, and are not pre-reviewed. Additional facts and information on
legal or other developments may affect the subjects discussed. Confidential
information should not be discussed. RushBee assumes no responsibility for the
content or consequences, direct or indirect, of communications by users.
For your convenience, our Web site may contain links to other sites. RushBee is
not responsible for the privacy practices or the content of such Web sites.
Questions/Changes in Policy
about how your personal information is used, please visit our site often for
this and other important announcements about RushBee.
RushBee believes in providing a safe and secure shopping experience for all of
our clients. We provide stringent and effective security measures on our Web
It is our policy to never send private information, such as your credit card
number, via e-mail. In fact, this is a practice we recommend you adopt in all of
your Internet activities.
Acceptable Use Policy
In order to maintain our system integrity and resources we expect our customers
to act responsibly. When you use any RushBee services, in any form, you
automatically agree to the following Conditions.
RushBee maintains high standards and values, and expects the same from its
customers. We reserve the right to suspend or cancel a customer's access to any
or all Services provided when we decide, in our sole discretion, that the
account has been inappropriately used. In short we may decline Services because
Adult Material (as described below)
Use of the Services in a manner in which it was not intended
Use of the Services in a manner which does not conform to RushBee's values
In addition, any website using RushBee eCommerce software must maintain a
hyperlink to "http://www.RushBee.com" at the bottom/footer of the website, which
is visible throughout the majority of the website. If the hyperlink is not
found, RushBee reserves the right to place the hyperlink on your website without
Adult Material Policy
RushBee maintains a strict "No Adult Material Policy". Any presentation of
material that is sexual, pornographic or obscene in nature, as determined in
RushBee's sole discretion, will not be allowed. By way of example and not
limitation, "Adult Material" includes any of the following:
Any photos or videos showing frontal nudity on either men or women.
Any photos or videos showing any sexually explicit nudity.
Any audio clips or text containing sexually explicit material.
Any explicit adult toys such as vibrators, etc.
Any sites with direct links to other sites containing such material.
Any site engaged in the sale of sexually explicit items.
If your site contains material that you are unsure about, please let us know
before placing the order.
RushBee will only provide access to an account to the designated Owner or Point
of Contact of that account regardless of whether someone else maintains, pays
for or otherwise administers the account. The "Owner" of the account is the
person or entity whose name was used to set up the account. Only the Owner will
be authorized to transfer the ownership of the RushBee store or other Services.
RushBee is not a court of law and will not arbitrate or adjudicate disputes
between potential Owners. If there is a dispute of the named Owner's right to
the store or Services, RushBee will comply with any court order or settlement
To transfer ownership of one of your RushBee store orders, we will need a
signed, notarized copy of the Transfer of Ownership form. As an alternative, you
may send a faxed copy of a notarized contract or sales agreement signed by both
current and new account holders as long as it specifically mentions the RushBee
account as part of the sales agreement. Once completed, please fax the form to
us, marked to the attention of Account Services.
Then the new owner must visit our website and purchase a separate store order.
In the comments section of the form, write, "Ownership transfer request; please
mirror www._______.com" (the setup fee will not be waived). If the new owner
intends to use the domain name configured on the original account, we will have
to cancel the original account so that we can set up the new account. If the new
Owner intends to use a new domain name, we will keep the original account active
and perform the mirror, in which case you would need to visit
http://www.RushBee.com and fill out the online cancellation form for your
account once the data has been copied for the new Owner.
Please note that an existing SSL certificate cannot be transferred from the
existing account to the new account. A new one will need to be added to the new
order, or purchased separately later at http://www.RushBee.com. Please be sure
that the domain registration's WHOIS information matches the new order details.
Note that the store will only be accessible at its new temporary address for up
to 72 hours while the updated settings propagate.
If you have RushBee merchant services, you will not be able to transfer
ownership of that account to the new Owner. The new Owner may sign up for one at
http://www.RushBee.com. The original merchant service account will have to be
manually canceled by Customer by visiting http://www.RushBee.com and submitting
a ticket to "merchant services support."
In addition, email cannot be transferred along with store data. We recommend
that you locally archive any sensitive email data prior to requesting transfer.
If you have questions about how to do so, please contact Technical Support.
Please note that once the new Owner places a store order, we recommend that you
place your store in maintenance mode and refrain from any administrative
updates, as new data added during or after the copying procedure may fail to
appear in new owner's store, and/or may cause duplication of database record
ID#s. This will also prevent customers from placing orders which might be
affected by the data copying. Since PCI guidelines prevent us from copying full
credit card data, any order which is not captured prior to copying cannot be
captured from the new, copied RushBee store.
The most recent version of the Uniform Domain Name Dispute Resolution Policy can
be found at http://www.icann.org/en/udrp/#udrp.