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Terms Of Use2018-09-06T19:56:18+00:00

OpenTshirts Terms of Use

You may view our Privacy Policy at:

https://www.opentshirts.com/privacy-pilicy

Since OpenTshirts is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer, you are responsible for understanding this upon purchasing any item or subscription at our site.

However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.

Therefore, we DO honor requests for the refund on the following reasons:

  • Within first 30 days after purchase of annual/biannual/triannual subscriptions customer are eligible for a refund.
  • Within first 7 days after purchase of monthly subscriptions, the customer is eligible for a refund.

Following item are NON-refundable :

  1. Domain name
  2. Add-on, Plugins, Modules, include customization & integration services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

These Sites are owned and operated by OpenTshirts (OpenTshirts or we or us).

Your use of, and access to, the Sites indicates your acceptance of these Terms and Conditions.

All messages posted at this site express the views of the author, and do not necessarily reflect the views of the owners and administrators of this site.

By registering at this site you agree not to post any messages that are obscene, vulgar, slanderous, hateful, threatening, or that violate any laws. We will permanently ban all users who do so and the user account will be terminated, deleted from our servers.

We reserve the right to remove, edit, or move any messages for any reason.

1. Membership

You need not be a member of the Sites to access the Sites or use the content or services. However, access to some areas of the Sites and some content and services may also be restricted to members only.

On becoming a member, you will be required to enter into a separate Membership Agreement.

2. Proprietary Rights

Your use of the OpenTshirts website does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting any content, code, data or materials you may access on or through the Sites.

3. You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service provider, take backup, translate, compile, decompile or disassembly of your OpenTshirts website “ALL OPENTSHIRTS WEBSITE ON OUR SERVER”, the OpenTshirts Services (or any part thereof), any Content offered by OpenTshirts or Third Party Services.

If you make other use of your sites, or the products, content, code, data or materials on the sites or available through the sites, you will violate international copyright & other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

all the OpenTshirts website hosted here on our servers are locked for use ONLY in our hosting environment.

You have no right to take any backup and or copy of the site and its content and make it operational on any other hosting company or a local computer/server for any purposes.

If you make any kind of copy/backup of the OpenTshirts website on our servers or the products, content, code, data or materials on the sites installed and maintained by our server for your website anywhere else for any purposes, you will violate international copyright & other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4. Changes to Terms of and Conditions

OpenTshirts may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to you.

Changes in the Terms and Conditions will be effective when posted by us on the Sites.

Your continued use of the Sites and/or the services made available on or through the Sites after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

5. Linking to the Sites

You agree that if you include a link from any other web site to the Sites, such link must link to the full version of an HTML formatted page of the Sites.

You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website.

You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another website.

You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

We reserve our right to insist that any link to the Sites be discontinued and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.

6. Third Party Sites.

You may be able to move from the Sites to third party websites (Linked Sites).

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

The inclusion of any link to such web sites on our Sites does not imply OpenTshirts’s endorsement, sponsorship, or recommendation of that website.

OpenTshirts disclaims any liability for links to another website.

7. Disclaimer

The Trade Practices Act and similar state and territory legislation in the United Kingdom may confer rights and remedies on you in relation to the provision goods or services on the Sites which cannot be excluded, restricted or modified by OpenTshirts (Non-excludable Rights).

OpenTshirts does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;

OpenTshirts and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;

OpenTshirts does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and

OpenTshirts does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of OpenTshirts) will OpenTshirts or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites or the content.

To the fullest extent permitted by law, OpenTshirts liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of OpenTshirt to the following:

in the case of services supplied or offered by OpenTshirts in the case of goods supplied or offered by us:

the supply of the services again;

the payment of the cost of having services supplied again; and

the replacement of the goods or the supply of equivalent goods; or

the payment of the cost of replacing the goods or acquiring equivalent goods.

8. Applicable Laws

We control and operate the Sites from our offices in the United Kingdom in accordance with the laws of United Kingdom. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9. Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the (s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.

It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with OpenTshirts, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date.

OpenTshirts is not responsible for a lapsed registration due to outdated contact information being associated with the domain.

If you need to verify or change this information, you should contact our sales team via email.

Providing false contact information of any kind may result in the termination of your account.

In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase.

If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

10. Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

11. Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer.

Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.

We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.

12. Transfer From Us

all of our customers agreed during their sign up, they can not use any type of backup and or export any file, database, image and content from OpenTshirts server and their website to any other hosting environment/company with any excuses.

at the time you are canceling your account, your website and all of its information include email user content “everything” will be terminated & deleted immediately from our servers and you have no longer access to them.

if we find any type of usage of our product and services include the site hosted on our servers outside of our hosting environment you will be charged by the local and our international copyright law.

We reserve the right to refuse service to anyone, Any material or action that,
in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

13. Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam.

“Safe lists”, purchased lists, and selling of lists will be treated as spam.

Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers.

This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet – newsgroups.

No organization or entity listed in the ROKSO may be hosted on our servers.

Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

OpenTshirts reserves the right to require changes or disable as necessary any web site, account, database, or another component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

OpenTshirts reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal.

This cost of the cleanup fee is entirely at the discretion of OpenTshirts

14. Payment Information

You agree to supply appropriate payment for the services received from OpenTshirts, in advance of the time period during which such services are provided.

Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account.

You agree that until and unless you notify OpenTshirts of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the client area provided on the portal page.

Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled.

Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes.

You should immediately receive an automatic “Your request has been received…” email with a tracking number.

An employee will confirm your request (and process your cancellation) shortly thereafter.

If you do not hear back from us or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via ticket.

We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request.

This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal.

15. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a month for our server-side recovery, not an individual account.

This service is provided to you as a courtesy. OpenTshirts is not responsible for files and/or data residing on your account.

You agree to take full responsibility for files and data transferred our servers.

16. Price Change

The amount you pay for hosting will never increase or decrease from the date of purchase.

We reserve the right to change prices listed on OpenTshirts, and the right to increase or decrease the number of resources given to plans at any time.

17 Indemnification

Customer agrees that it shall defend, indemnify, save and hold OpenTshirts harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees asserted against OpenTshirts, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless OpenTshirts against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with OpenTshirts;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement and (4) any defective products sold to customers from OpenTshirts server.

17.1 Arbitration

By using any OpenTshirts services, you agree to submit to binding arbitration.

If any disputes or claims arise against OpenTshirts or its subsidiaries, such disputes will be handled by an arbitrator of OpenTshirts choice.

An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas.

Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.

All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties.

The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.

You are also responsible for any and all costs related to such arbitration.

Disclaimer

OpenTshirts shall not be responsible for any damages your business may suffer.

OpenTshirts makes no warranties of any kind, expressed or implied for services we provide.

OpenTshirts disclaims any warranty or merchantability or fitness for a particular purpose.

This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OpenTshirts and its employees.

17.) Disclosure to law enforcement

OpenTshirts may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18.) Changes to the TOS Privacy Policy & Terms of Use

OpenTshirts reserves the right to revise – change – edit its policies, terms of use, terms of services and privacy policy at any time without notice.

Your Intellectual Property

As between OpenTshirts and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary work, NOTE:””” databases are not included in this section database are own and operate by OpenTshirts & only your customer information field are exportable as an individual filed not the whole database”””. You hereby grant OpenTshirts a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the OpenTshirts Services.

OpenTshirts’s Intellectual Property

All rights, title and interest in and to the OpenTshirts Hosting Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), MySQL database, website & opentshirts hosted website installed by OpenTshirts Hosting Automated installer, applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the OpenTshirts Hosting Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to OpenTshirts Hosting.

Subject to your full compliance with the OpenTshirts Hosting Terms and timely payment of all applicable Fees, OpenTshirts Hosting hereby grants you, upon creating your User Account and for as long as OpenTshirts Hosting wishes to provide you with the OpenTshirts Hosting Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the OpenTshirts Hosting Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the OpenTshirts Hosting Terms, and solely within the OpenTshirts Hosting Services.

The OpenTshirts Hosting Terms do not convey any right or interest in or to OpenTshirts Hosting’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the OpenTshirts Hosting Terms constitutes an assignment or waiver of OpenTshirts Hosting’s Intellectual Property rights under any law.

DMCA Clause Policy

DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:
Email Address: contact@opentshirts.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Abuse Policy

Here at OpenTshirts, we like to run a clean network and in the unlikely event that you receive abuse from our network or systems, we want to know as soon as possible.
Print this page.
Here at OpenTshirts, we like to run a clean network and in the unlikely event that you receive abuse from our network or systems, we want to know as soon as possible. The scope of this policy covers the following types of Abuse on the internet:
– Spamming
– Hacking Attempts
– IRC Activity
– Phishing
– Web Space Abuse
OpenTshirts are actively working to minimize the amount of Abuse that is generated on our servers, however, should you come across any such site or receive a high number of spam emails generated from our servers then please email us at contact@opentshirts.com
When reporting abuse please be sure to include as much information as possible regarding the type of abuse and also provide logs (if applicable), URL’s for site abuse and email headers for spamming.
Once we have received the notification we will thoroughly investigate the issue, contact our customer and work together to resolve this as quickly as possible.
1) Reporting port scanning, attempted hacking and firewall activity
Where your report is based upon information obtained from a firewall, please ensure that you send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone.
If you see any other misuse on your own servers originating from an OpenTshirts IP Address, then please send us the following information:
Your URL, your web server log, shows the IP Address, Time, Date, and Timezone of the IP Address logging into your server and any details of the misuse that has taken place.
2) Reporting email/newsgroup misuse (including Spam)
We require the full header and content of the Email. The header enables us to trace the journey that an Email has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If you use another mail client, Please check your providers support documentation for this information.
To retrieve headers in Outlook (with the email not opened in your inbox):
1. Right-click on a message and choose “Options”
2. From pop-up box, copy all from “Internet Headers” window
3. Close pop-up box
4. Right-click on the message again and choose “Forward”
5. Paste headers into the top of the pop-up email forward window
6. Send contact@opentshirts.com
To retrieve email headers from Outlook Express for Windows:
1. With the mail unopened in your inbox
2. Right click on the mail
3. Choose properties
4. Click on the ‘details’ tab at the top of the ‘pop-up’ box
5. Press “message source”
6. Copy the contents of the new window and paste it into your email to contact@opentshirts.com
To retrieve email headers from Outlook Express for Macintosh:
1. With the mail unopened in your inbox
2. Click View
3. Click Source
4. To select all use: command + a
5. To copy use: command + c
6. To paste the header use: command + v
7. Paste the contents into a new email addressed to contact@opentshirts.com
3) Reporting virus activity
If you have received or been infected by a virus, worm or Trojan please note that OpenTshirts are unable to offer any support for their removal. We recommend that you install Anti-Virus software and ensure that it is updated regularly. Please include the following information in your complaint.
The header of the email (if one is available)
the content of the email.
The email attachment that was sent to you (if any). The attachment may need to be placed in an archived file (.zip, .rar etc) for our email software to receive it. If you cannot attach the virus, then please send the email and header only.
4) Reporting web space abuse
If you become aware of any web space hosted by OpenTshirts that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details.
Please send the following information:
The URL (such as www.OpenTshirts.co.uk), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the domain to be in breach.
OpenTshirts reports any illegal activity that requires reporting and provided that activity emanated from our servers to the Police or any other relevant Authority. OpenTshirts also works with all appropriate independent bodies to ensure that any images of child abuse are removed from our servers and reported as soon as we are made aware, in line with current industry practices.