Terms of Service
1. Account Terms
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that Pasls will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Pasls cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Pasls account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Pasls will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon purchasing a domain name through Pasls, domain registration will be preset to automatically renew each year so long as your Pasls account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
3. General Conditions
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the Pasls service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Pasls.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Pasls or Pasls trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. Pasls Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Pasls customer, Pasls employee, member, or officer will result in immediate account termination.
- Pasls does not pre-screen Store Content and it is in their sole discretion to refuse or remove any Store Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Pasls employees and contractors may also be Pasls customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Pasls retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Pasls reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that Pasls shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Pasls or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Pasls partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Pasls does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Pasls does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Pasls does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of Pasls to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pasls and govern your use of the Service, superseding any prior agreements between you and Pasls (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Pasls service. All material you upload remains yours. You can remove your Pasls store at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Pasls to display and store your Store Content; and (c) that Pasls can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a Pasls store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a Pasls store however, by making your store public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
8. Theme Store
- You may establish the appearance of your Pasls store with a design template from Pasls’s Theme Store (“a Theme”). If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Pasls or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Pasls gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your store. Pasls may add or modify the footer that refers to Pasls at its discretion. Pasls may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Pasls may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Pasls may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and Pasls accepts no responsibility to provide such support. Pasls may be able to help you contact the designer.
- It is the responsibility of the user, and not Pasls, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
9. Payment of Fees
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your Pasls administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- Pasls does not provide refunds.
10. Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Pasls's response.
- Once cancellation is confirmed, all of your Store Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you purchased a domain name through Pasls, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the Pasls service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Pasls may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
11. Modifications to the Service and Prices
- Prices for using Pasls are subject to change upon 30 days notice from Pasls. Such notice may be provided at any time by posting the changes to the Pasls Site (pasls.com) or the administration menu of your Pasls store via an announcement.
- Pasls reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Pasls shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Optional Tools
- Pasls may provide you with access to third party tools over which Pasls neither monitors nor has any control or input.
- You acknowledge and agree that Pasls provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Pasls shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- Pasls strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
13. Copyright Infringement Notice and Takedown Procedure
Pasls supports the protection of intellectual property and asks Pasls merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a Copyright Infringement Notice to Pasls’s designated agent using our form. Upon receiving a Copyright Infringement Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.