This Acceptable Use Policy ("AUP") outlines unacceptable use of the 3dcart Services (the "Services"). This AUP is in addition to any other terms and conditions under which 3dcart provides the Services to you.
Questions about this AUP (e.g., whether any contemplated use is permitted) and reports of violations of this AUP should be directed to [email protected]
Prohibited content, uses and activities include, without limitation, any use of the Services in a manner that, in 3dcart’s reasonable judgment, involves, facilitates, or attempts any of the following:
You are responsible to ensure that use of the Services and content is in compliance with all applicable laws, including laws where the Services or content is uploaded, hosted, stored, accessed or used, and to implement necessary restrictions to prohibit use by any individual (e.g. restrictions on access by minors) or in any jurisdiction, as required to comply with such laws. Similarly, 3dcart reserves the right to take all actions it deems appropriate to comply with applicable laws.
These Terms of Service were revised on December, 31, 2014. These Terms of Service ("Agreement", "Terms of Service" or "Terms") is entered into between you ("Customer" or "You") and INFOMART2000, CORP. d/b/a 3dcart, a Florida corporation ("3dcart"), and is made effective on the date of electronic acceptance. Your continued use of the 3dcart site and/or the Services (as defined below) constitutes your acknowledgment and acceptance of these revised terms.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
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 ("Service Specific Terms"). The following Service Specific Terms and policies are hereby incorporated by reference and will be binding upon the parties.
Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is believed to be residing on 3dcart's network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:
How to Report A Claim of Infringement:
If you believe a 3dcart client and/or end user has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to 3dcart and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice):
You may mail this letter to:
3dcart 6691 Nob Hill Rd
Tamarac, FL 33321
Email: [email protected]
Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of 3dcart.
How to Make a Counter Notification:
If you are a 3dcart client and/or end user, i.e., subscriber, and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. 17 U.S.C. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Our designated agent will present your counter notification to the Complaining Party. Once your counter notification has been delivered, 3dcart is allowed under the provisions of 17 U.S.C. Section 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on 3dcart’s system or network.
Any person who knowingly materially misrepresents under this section:
The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with 3dCart. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
SLA Credit Claim: To properly claim an SLA credit due, the Customer’s master administrative user must open an SLA ticket located inside the Customer portal at https://support.3dCart.com within seven days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs, if applicable. The SLA claim will be researched by the appropriate 3dCart department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other 3dCart customers. Please allow up to fourteen (14) days for the process of SLA claims.
SLA Claim Fault: Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims. Valid SLA claims will not be credited to the Customer’s accounts until all abuse issues are resolved. Any Customer making false or repetitive claims will incur a one time charge of $50 per incident for such claims. False or repetitive claims are also a violation of the TOS and may be subject to service suspension. Customers participating in malicious or aggressive internet activities, thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be deemed in violation of the AUP.
Network: 3dCart guarantees 99.9% uptime on all Public Network services to Customers located in our data centers. All Public Network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in Table A below.
Redundant Infrastructure: 3dCart guarantees 99.9% uptime on the power and HVAC services to Customers located in our data centers. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Specific guarantees with SLA information are listed in Table A below.
Hardware: 3dCart guarantees the replacement of failed hardware and hardware components located within our data centers. 3dCart guarantees a failed hardware component will be replaced within four hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information are listed in Table B below.
Hardware Upgrades: 3dCart guarantees hardware upgrades will commence and complete within two hours of scheduled hardware upgrade maintenance windows. Hardware upgrades must be scheduled and confirmed in advance through the online ticketing system. Failure to install the hardware within the two hour time will result in a waiver of any one time installation fees. Extended hardware installation times from initial upgrade commencement shall result in SLA credits for the recurring fee associated with the hardware upgrade. These time and SLA credits are listed in Table C below.
Policy date: March 3, 2016
Capitalized terms not defined in this 3dcart Enterprise Subscription Service Level Agreement (“SLA”) shall have the meanings set forth in the applicable Enterprise Subscription Agreement, between 3dcart and Customer. Pursuant to this SLA, 3dcart commits to the service levels described below: