deepstructure |
01-07-2004 3:12 PM |
well that site is only for folks that already have registered copies... <BR> <BR>from the legalese: <BR> <BR><blockquote><hr size=0><!-quote-!><font size=1><b>quote:</b></font><p> <BR> <BR> Guarantee & policies > Terms and Conditions <BR> <BR> PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF THIS WEB-SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF OUR TERMS OF USE AND TO BE BOUND BY THE CONDITIONS OF SALE. <BR> <BR> Important Information about This Legal Contract <BR> Delivery <BR> Credit Card Purchases <BR> Credit Card Charge backs <BR> Prices, Charges and Payment <BR> Return Policy <BR> International Duties/Taxes <BR> Customer Data and Privacy <BR> Terms of Software Use <BR> Professional Service Indemnification <BR> Consequential Damages <BR> Reproduction <BR> Terms of Service <BR> Governing Law <BR> Contacting iBackups.net <BR> <BR>1. Important Information about This Legal Contract <BR> <BR>1.1 This Sale Agreement is a legal contract between the Customer and iBackups.net. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "<a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a>" shall relate to iBackups.net, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and iBackups.net relating to the purchase or sale of goods or services on the Site. In the event of any conflict between the terms and conditions stated on your order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our order shall control. <BR> <BR>< to top <BR> <BR>2. Delivery <BR> <BR>2.1 All software purchases that are downloadable or designed for online use are typically made available to the customer immediately after a successful transaction (i.e. appropriate delivery address provided and payment made for the product), iBackups.net will provide confirmation of each purchase and delivery of the software via a confirmation screen on the web site and a confirmation email sent to the email address provided during checkout. While the delivery process is set up for instant transmission of the software access links, iBackups.net will not refund the purchase price of the software because of a delay in providing these access links, usernames and/or passwords and iBackups.net is not responsible for any delays in transmission due to web service outages or email delivery delays. <BR> <BR>2.2 The software offered by iBackups.net is very simple to install, access and use. In all instances, complete instructions are provided covering the installation and access processes. Thus, all software is sold with the joint understanding that the customer possesses a basic knowledge of computer systems and software functionality. No returns will be accepted due to the inability of the user to understand and utilize the software because of a lack of knowledge of these basic computer functions. iBackups.net will attempt to resolve any problems as quickly and easily as possible. <BR> <BR>2.3 If you are unsure of the content of any software product title, please contact us before purchasing the software. We are happy to help you verify that you are purchasing the right software which will meet your needs. <BR> <BR>2.4 After product delivery, we cannot issue a refund. The software file(s) are on your computer and we cannot be sure it would be destroyed should you "return" the software title(s) to us. We must ensure that the companies/publishers/programmers receives the proper royalty for their work and ensure that their intellectual property is protected. <BR> <BR>2.5 Custom orders and multiple software licenses cannot be returned for refund for any reason. <BR> <BR>< to top <BR> <BR>3. Credit Card Purchases <BR> <BR>3.1 The term "credit card holder" as used in these terms and conditions is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. When you complete an online purchase from <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a> using a credit card for payment, you agree to the following terms and conditions: <BR> <BR> 3.1.1 You are the credit card holder, a representative of the credit card holder or the credit card holder is aware you are making the purchase and has authorized you in advance to make the purchase using their credit card. <BR> <BR> <BR> 3.1.2 If you are not the credit card holder, you agree to notify the credit card holder of the purchase before making the purchase, and you guarantee to iBackups.net that you have made the credit card holder aware of the purchase in advance. <BR> <BR> <BR> 3.1.3 Should you have a problem with your purchase, you will contact iBackups.net to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company. <BR> <BR> <BR> 3.1.4 To threaten a chargeback to alter purchase price after an order is placed is extortion; it is a felony and a Federal offense. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, our merchant service and the Federal Bureau of Investigations Department of Justice at <a href="http://www.IFCCFBI.gov" target="_blank">www.IFCCFBI.gov</a>. We will prosecute to the full extent of the law. All phone calls are time stamped and digitally recorded for quality control. <BR> <BR> <BR> 3.1.5 We do address verifications for every credit card. Orders that request delivery to an unverified address will require that we contact the actual owner of the credit card by phone. These phone numbers are obtained from sources other than the order itself. <BR> <BR> <BR> 3.1.6 An unauthorized credit card charge back after an order has been placed is known as friendly fraud or chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with proof of delivery and, as required, file a report with the police and FBI. <BR> <BR> <BR> 3.1.7 Original orders processed in error, improper address, wrong phone number, declined or expired card, etc. will require that new order only be shipped to the billing address of the credit card. <BR> <BR> <BR> 3.1.8 We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase. <BR> <BR> <BR>< to top <BR> <BR>4. Credit Card Charge backs <BR> <BR>4.1 iBackups.net is proud to say that we have never once had a customer rightfully chargeback a purchase made online on our website <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a>. However, we have been the victim of criminal or fraudulent charge backs. A criminal or fraudulent chargeback is when the credit card holder orders and receives products or services, then intentionally reverses the charge through their card-issuing bank stating that they did not place or receive the order. In almost all cases, the order is requested for delivery without a signature, as proof-of-delivery allows the merchant to successfully dispute the chargeback. Unfortunately, this new form of credit card fraud is becoming more common, and online/mail-order merchants who are unable to obtain a printed signature from the customer are the victims. Please note that charging back an order when that order was shipped and received is a theft. Fraudulent charge backs hurt honest customers by forcing online merchants to raise prices to cover cost or delay shipping when a request is made to ship without a signature. <BR> <BR>4.2 We report all wrongful or fraudulent charge backs to your local police, your local bank, our merchant service and the Federal Bureau of Investigations Department of Justice at <a href="http://www.IFCCFBI.gov" target="_blank">www.IFCCFBI.gov</a>. Credit card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud. <BR> <BR>< to top <BR> <BR>5. Prices, Charges and Payment <BR> <BR>5.1 All prices are in U.S. Dollars. All credit card charges must be paid in U.S. dollars; <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a> reserves the right to change the prices of software sold on this web site at any time. <BR> <BR>< to top <BR> <BR>6. Return Policy <BR> <BR>6.1 Because the products sold by iBackups.net are of a software nature, no returns of any software product sold will be accepted and no refunds will be granted. If we do decide or are forced to issue a refund or recieve a charge-back, your debt will be turned over to our collections department and you will be charged no more than one thousand dollars to cover our loss. The Purchaser of any software/product from <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a> understands and agrees that all software/product purchases and/or downloads are considered final purchases for which absolutely no refunds will be given or provided. <BR> <BR>6.2 Further, Purchaser agrees and acknowledges that the Purchaser shall be solely responsible for and shall bear (and/or reimburse) iBackups.net for any chargeback fees issued to iBackups.net by or from any credit card company, merchant service or other source of payment that is initiated at the request of the Purchaser. Stated another way, should Purchaser request a refund or chargeback from any credit card company, merchant service or other source of payment on the purchase of iBackups.net software/product and should said card company, merchant or other source thereafter impose any fee or amount to <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a> at the request of said Purchaser for or as a result, Purchaser shall reimburse iBackups.net for the refund amount plus the said charge back fee or amount. By purchasing any software/product from <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a>, the Purchaser expressly authorizes iBackups.net to direct a payment/charge to made to Purchaser’s credit card account (the same being the credit card account used in the initial purchase of said software/product) in the amount of the said refund and charge back fee (or amount charged to <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a> for such refund). <BR> <BR>< to top <BR> <BR>7. International Duties/Taxes <BR> <BR>7.1 iBackups.net is not responsible for any duties or value-added taxes that may be assessed by your local Customs office. <BR> <BR>< to top <BR> <BR>8. Customer Data and Privacy <BR> <BR>8.1 During the transaction process, customer contact information and purchase history is collected by our systems. <a href="http://www.ibackups.net" target="_blank">www.ibackups.net</a> reserves the right to send relevant offers via email and postal mail to our customers using this contact data. <BR> <BR>< to top <BR> <BR>9. Terms of Software Use <BR> <BR>9.1 You understand that in order for iBackups.net to make you a copy of any software, you acknowledge that you are the legal owner of this same software, and are looking to just make a new copy for archival (backup) purposes only. You also agree to destroy all copies of the software in the event it is ever no longer voluntarily in your possession. You understand that only the licensed owner (with a valid serial number, where applicable) of the various software found on iBackups.net may use the services located here. You also acknowledge that the software you have was obtained legally and that you have the legal right to request this backup copy to be made. If you obtained your version though any other means, including any pirated versions, or if you do not already legally own the same version of the software requested, then you may not use this service. <!-/quote-!><hr size=0></blockquote>
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