TERMS OF USE

FORTUNE3 USAGE

FORTUNE3 has a no-tolerance policy for spamming, immorality, pornography, and warez. Any Ecommerce sites or shopping cart found to contain, promote, or link to such content are subject to immediate removal from our servers.

USER's TERMS and DEFINITIONS

User (You)

Individual residing in the United States of America, Canada, the United Kingdom, or Australia that has a PC with access to the World Wide Web and requires using the Shopping Cart Software, Ecommerce Software, or any of the E-Commerce Solutions offered by FORTUNE3.

Wizard
Shopping Cart Software and Ecommerce Software offered with a no-risk 30-day-trial. The wizard software that can be downloaded from www.fortune3.com, www.download.com, www.tucows.com, and many other web sites specialized in software. This Shopping Cart Software and Ecommerce Software can be installed on any User’s PC if running Windows 95, 98, Me, 2000, NT or XP operating systems. When a particular business' data is entered into the Wizard's User-friendly interface, a special code is generated capable of building a E-Commerce website with online shopping cart; including features such as web pages with Ecommence capabilities for a business-to-business ( B2B ) and/or business-to-consumer online store. If the User's PC is connected to the World Wide Web, this special code may be uploaded onto FORTUNE3 web servers, when clicking the Create Site or the Upload Site buttons to create an online store with an Ecommerce shopping cart. Special Agreements between FORTUNE3 and pre-qualified customers or partners may be arranged to provide them with a customized Shopping Cart Software and Ecommerce Software that can upload onto other servers than FORTUNE3s'.

Genie
Back-end Shopping Cart Software and Ecommerce Software residing in FORTUNE3's web servers capable of receiving, storing, and managing the data provided by the FORTUNE3 Wizard through the World Wide Web. Upon request from visitors to Users' web sites, Genie's dynamic software displays the User's web pages and shopping carts generated by the Wizard. Genie delivers the shopping-cart user-interface through the Ecommerce software that manages the latest User's business data of each Ecommerce website that resides in Fortune3's servers, anytime the Wizard uploads a business' site information. Genie manages this by creating, maintaining and updating each User's database where information related to their business, their products and services category offerings are stored, along with their customer's orders, shopping cart transactions, and payments received from customers through a credit card payment gateway. Genie calculates box consolidation according to their business specific sizes, and provides gateways that connect directly to major-shipping-companies Ecommerce-servers for calculating shipping cost alternatives. Genie also manages the User's administrative tools and their requests, as well as instant e-mail notification Ecommerce shopping cart software that will inform Users about all the shopping cart transactions that occurred with their customers. Genie executes many other tasks that make it possible to provide the state-of-the-art Ecommerce solutions and shopping cart technology provided by FORTUNE3. If a Special Agreement exist between FORTUNE3 and a customer or partner, FORTUNE3 may deploy in designated servers specified the corresponding customized FORTUNE3 Genie software.

FORTUNE3 USER AGREEMENT

This Agreement with FORTUNE3 explicitly states the terms and conditions governing the use of software, hardware, services, and content of FORTUNE3 and all components of our proprietary technologies.
By downloading and using the FORTUNE3 Shopping Cart and Ecommerce Wizard software, you accept the terms and conditions set forth below, and acknowledge that your use of FORTUNE3's Ecommerce solutions and services are subject to certain guidelines and limitations.  If you do not accept this agreement, do not download or install the FORTUNE3 Shopping Cart and Ecommerce Wizard software. For the purposes of this agreement, FORTUNE3 Shopping Cart and Ecommerce Wizard and FORTUNE3 Wizard may be used interchangeably. FORTUNE3 reserves the right to amend or change the content of these terms and guidelines at any time without notice, and you hereby agree with and accept any such changes.

Service process description and guidelines

When using FORTUNE3's Shopping Cart and Ecommerce Wizard software for the first time, Users may affiliate a new business by uploading the data to be hosted and serviced by the Genie to FORTUNE3 servers. The acceptance or rejection of any business data or web site into our servers is at FORTUNE3's sole discretion.

If a business' data has been accepted by Genie's automated editor, then it will be saved, published and included in the FORTUNE3 network. The User that uploaded such data onto FORTUNE3 servers automatically becomes its unique designated Administrator. Therefore, the Administrator assumes all risk and consequences for the uploaded data that may be published on the World Wide Web as a result and will become solely responsible for such data being public and for all the business content residing in our servers, including possible errors, the partial or total loss of data, and all related objects that may be published through the Genie on the World Wide Web; their functionality, legality, performance and any derivation from processing such data by Genie through our hardware. In many instances, upon demand from the Administrator and/or any other party; including but not limited to third party users, Genie may process and publish any related data and/or objects and the Administrator also assumes their entire risk and consequences of such publication.

With the integrated features of the FORTUNE3 Shopping Cart and Ecommerce Wizard and Genie, the Administrator is provided with the ability to edit, add, delete, modify and maintain their related business data via the Internet. The Administrator may take advantage of FORTUNE3's available services, which may include the following functionality features: building their business web site with web pages and advanced electronic commerce capabilities such as web pages, shopping cart; communications tools, such as web e-mail; online credit card processing and payment gateway; advanced B2B; Web site promotion and administration tools specific for our affiliated Users, etc. The acceptance of any business data in our servers does not grant to any Administrator nor to their affiliated business(es) the right of perpetual service provisioning by FORTUNE3, and FORTUNE3 reserves the right to suspend, cease or remove at any time the services provided to the affiliated business at its sole discretion and without notice.

Uploading certain unauthorized materials onto FORTUNE3's servers is not allowed. These include but are not limited to copyrighted or third-party right material (trademarks, logos, text, photos, pictures, etc.). Users involved in such illegal practices assume the entire liability in regards to these violations, which may result in the immediate deletion of the entire User's data, as well as all legal consequences that may arise or other repercussions.

Uploading more than one business' data may usually be allowed only to professional web developers. Most other Users are requested and may be allowed to build only one web site, unless the business of each site differs completely in subject matter from any other site created by that User. Failing to comply with this request may be considered spam to our servers, resulting in the immediate deactivation of all the User's databases and deletion of corresponding data.

FORTUNE3 reserves the right to modify any fees at any time.

FORTUNE3 also reserves the right to add, delete or modify Genie's code, which may result in changes to its current offered features, services and functionality, including changes of appearance on the Web that may occur to our affiliated sites.

FORTUNE3 reserves the right to modify the terms of this Agreement at any time. When possible, FORTUNE3 will provide Users with notice of such changes via e-mail.

Users expressly assume the entire risk related to any use of the FORTUNE3 Shopping Cart and Ecommerce Wizard and Genie software, including but not limited to their tools, service provisioning, technology, content, and the data residing in our servers related to the affiliated business.

Payment

The FORTUNE3 Shopping Cart and Ecommerce Wizard and most tools and services (excluding the services related to payment processing) provided by Genie are free of charge for a 30-day trial period. In order to be able to continue using the FORTUNE3 Wizard and Genie software after the 30-day trial period, the user must purchase a software license and corresponding services from FORTUNE3 or a FORTUNE3 partner. FORTUNE3 has the right to change its pricing policies at any time, and from time to time. Charges may apply for specific electronic commerce capabilities and for any services and features offered by FORTUNE3. When a certain business requires payment, Users agree to pay all fees and charges specified, and to provide FORTUNE3 with their credit card information for payment of all charges.  If FORTUNE3 does not receive payment, User agrees to pay FORTUNE3 all amounts due upon demand. Payments made to FORTUNE3 are not refundable under any circumstances.

Users are also liable for all taxes incurred by the purchase of products and services.  User agree to pay all attorney and collection fees resulting from our efforts to collect past due amounts from you to the extent allowed by law.

Licensing

The use of the FORTUNE3 Wizard software is free of charge for a 30-day trial period after creating an E-Commerce website. In order to continue using the FORTUNE3 Shopping Cart and E-Commerce Wizard software after the 30-day trial period, each E-Commerce website that is created requires a free license registration. You can obtain a free-license simply by filling in the form Free License Registration.

Termination

This agreement is effective when you click the “Download” button and continues until you or FORTUNE3 terminates it as follows:

Termination by FORTUNE3. At any time and without notice, FORTUNE3 may delete your site, including all your data files, or discontinue service in whole or in part for any breach of this Agreement by you or (i) if necessary for security reasons, (ii) for continued operation of our service, (iii) for violation of laws or regulations, (iii) if a site is not a legitimate business site (as determined by FORTUNE3 in its sole discretion), (iv) if FORTUNE3 receives notices that your use of FORTUNE3's services violate any third-party right, (v) if your credit card expires or you fail to make payments or (vi) for any other reason. If FORTUNE3 terminates this Agreement, you will remain liable for the full amount due until we terminate your service. If FORTUNE3 terminates this Agreement, you agree not to sign up for or use FORTUNE3's services again without FORTUNE3's prior written approval.

Termination by You. You may terminate this agreement at any time and for any reason by going to the following link: http://users.fortune3.com/useraccounts/deleteaccount.shtml. You will be liable for the amount due until you terminated the Agreement.

Technologies

FORTUNE3 may terminate User accounts and web sites at any time, without notice, for conduct that violates these guidelines or for any other reason.  As a User of FORTUNE3 Wizard and Genie software, you agree not to do or participate in any of the following nonexclusive list of UNACCEPTABLE content and behaviors on FORTUNE3:

·               Content that includes nudity, immorality, pornography, foul language, or material that is obscene, lewd, lascivious, excessively violent, or otherwise objectionable.

·               Content that condones or promotes warez, cracks, hacks, viruses, worms, harmful code, Trojan horses and/or their associated utilities, or other piracy-related information, whether for educational purposes or not.

·               Content that has been promoted through the sending of unsolicited e-mail (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited e-mail. Those who use FORTUNE3’s resources, including e-mail addresses, for Spam are also subject to prosecution to the fullest extent of the law.

·               Content that commits acts of copyright, trademark, patent, trade name, trade secret or other intellectual property infringement or violates any other third party right.

·               Content that is racist, or otherwise offensive to the FORTUNE3 network and community, including content which aggravates, harasses, threatens, defames or abuses others, such as bigotry, prejudice, racism or hatred, and promotion, assistance, or information of any type related to violence against governments, groups, organizations, or individuals.

·               Content that exploits children under 18 years of age.

·               Content that holds FORTUNE3 up to public scorn or ridicule.

·               Content that participates in pyramid schemes, gambling, raffles, lotteries, and so forth.

·               Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.

·               Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others’ property, or to harm any people or animals.

FORTUNE3 does not actively monitor the content of User sites, but will investigate complaints of a violation of third-party rights, including copyright and other intellectual property rights.

Indemnification, Disclaimers, Warranties

FORTUNE3 warrants that if a User is dissatisfied with FORTUNE3’s service, technology, or content, upon notice from the User, FORTUNE3 will terminate the Agreement and, upon the User’s request, will refund unused portions of any fees paid in advance for services, less balances due to FORTUNE3.

You agree to indemnify FORTUNE3 and its partners, parent, subsidiaries, affiliates, directors, officers, employees, agents and representatives against any and all liabilities, claims, cost, and expenses, including attorneys’ fees, arising from your use of the FORTUNE3 services. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your Web site.

Content

·           FORTUNE3 shall not be held responsible for the content of pages hosted under our service.

·               The opinions and views expressed in any User’s site do not reflect those of FORTUNE3 or its partners, parent, affiliates or subsidiaries and FORTUNE3 does not review pages for content before they are posted.  FORTUNE3 does not verify, endorse or otherwise take responsibility for the content of any User sites. Users are solely responsible for everything contained in their own sites and can be held legally liable for the contents of their site.

·               Neither FORTUNE3 nor its partners, parent, affiliates or subsidiaries make any guarantee as to the accuracy, correctness or completeness of any information on any User’s site and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by FORTUNE3.

·               FORTUNE3 may link to, or include on its Web site, resources and information provided by third-parties. Neither FORTUNE3 nor its partners, parent, affiliates or subsidiaries make any guarantee as to the reliability of this information, nor does the inclusion of this information imply our recommendation of these services.

Services and Reliability

·               FORTUNE3 provides hosting Web sites with electronic commerce capabilities, but makes no implied or express warranties about the reliability of their related offering.

·               FORTUNE3 is not responsible for any deletion, alteration or loss of data due to network or system outages, file corruption, accidental deletion or any other reason.

·               FORTUNE3 makes no guarantees about server reliability, speed, or consistency and shall not be held liable for such.

·               Users are responsible for regularly monitoring and creating backups of their business files created by the FORTUNE3 Wizard, and agree to use the FORTUNE3 resources and infrastructure at their own risk.

·               Neither FORTUNE3 nor its partners, parent, affiliates or subsidiaries make any warranty with respect to any content, information, services or products offering provided through or in conjunction with our services.

·               FORTUNE3 is also not liable to Users or any third party for any damage, direct or incidental, that could occur as Users use our services.

·               FORTUNE3 is not responsible for the delivery or quality of any goods or services sold or advertised through the FORTUNE3 network of web sites, its affiliates or through the User’s sites.

·               FORTUNE3 does not guarantee that its security procedures will prevent the loss of, alteration of, or improper access to your information. For more information, read our Privacy Policy.

Liabilities

You are solely responsible for the conduct of your business and all other matters under your control. IN NO EVENT SHALL FORTUNE3, OUR PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING FORTUNE3’S SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF FORTUNE3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST FORTUNE3 AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES,AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE FORTUNE3 SERVICE.

FORTUNE3 and its parent, subsidiaries and affiliates shall not be liable for any damages that result from your failure to perform your responsibilities in connection with this Agreement or that result from any cause beyond FORTUNE3’s control.

The aggregate liability of FORTUNE3 and its parent, subsidiaries and affiliates arising from this Agreement for any action or claim is limited to any amounts you have paid to FORTUNE3 during the term of this Agreement.  In jurisdictions not allowing the limitation or exclusion of liability for incidental or consequential damages, FORTUNE3’s liability shall be limited to the extent permitted by law.

FORTUNE3 Rights

User Sites

FORTUNE3 reserves the right to delete User sites that breach this Agreement at any time. FORTUNE3 and its parent, subsidiaries and affiliates shall not be liable for any foreseeable, unforeseeable, direct, or indirect consequence of such deletion. FORTUNE3 reserves the right to communicate with all Users at any time in the event that important messages need to be communicated.

FORTUNE3 may select some User's business data residing in our servers to be replicated as sample companies containing such data. FORTUNE3 can use their data related to general business information, products and services category offering, including but not limited to general business data and categories, products, services, components, including text and images, and the ideas that originated their web site and shopping carts at no cost. Due to FORTUNE3's privacy policy, we will not replicate the data related to their business identity. FORTUNE3 reserve the right to use, publish and distribute the selected business data to other FORTUNE3 Users for learning purposes at no cost.

Proprietary Rights

FORTUNE3 retains all proprietary rights, including, but not limited to, services, technology, all content, text, design, graphics, sound, and so forth on its Web sites Users acknowledge that all content and technology available on FORTUNE3 sites is protected by US and international copyrights, trademarks, service marks, patents, or any other proprietary rights and laws and that Users are permitted to use content and technology and its compilation, collection, selection, arrangement, assembly, and coordination only as expressly authorized by FORTUNE3. Users agree not to copy, reproduce, or create derivative works of the services, technology, content, text, design, graphics and other features of the FORTUNE3 sites.  FORTUNE3 claims no proprietary rights or intellectual property rights in User’s site content, including, but not limited to, text, software, music, sound, photographs, video, and graphics supplied by you for use on your site.

Trademarks and Servicemarks

FORTUNE3’s graphics, logos, and service names used to identify FORTUNE3’s products or services are the trademarks of FORTUNE3. You agree not to use FORTUNE3 trademarks in connection with your, or any third party’s, products or services in a way that discredits or ridicules FORTUNE3 or infringes upon FORTUNE3’s intellectual property rights. All other brands and names used on FORTUNE3 are the property of their respective owners.

Traffic Statistics

FORTUNE3 reserves the right to include traffic generated by all Web sites it hosts in its overall accounting of page views, unique Users and other usage measures. This includes providing Web traffic measurement companies with all URLs hosted by FORTUNE3 for use in projecting FORTUNE3’s overall traffic.

Closing Agreements

This Acceptable Use Policy and any disputes arising out of or related to the Service and the FORTUNE3 Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida.  You warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.