RS Store Web Sites Service Terms and Conditions
Last updated: June 25, 2015 |
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Acceptance
By using the RS Store Websites services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any RSA services. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
For the purposes of this document, Retail Shipping Associates (RSA) is the developer and sole owner of all content, design, specific functionality, RSA-supplied graphics and photos, written language, and any other aspects of the RS Store Websites services. RS Store Websites services are available exclusively for RSA Members and for no other business or individual. By electronically signing this agreement, Member acknowledges that RSA has gone to considerable expense to provide RS Store Websites services to RSA Members and any unauthorized use of the foregoing intellectual property will be deemed to be theft of said intellectual property. This includes but is not limited to using any or all of the foregoing intellectual property in a website not provided by RSA. Member understands and acknowledges the potential legal and financial ramifications of this agreement are significant and that RSA will use all legal means available to protect RSA’s continuing ownership of said property.
If a Member refuses to be bound by any current or future provisions or amendments to these terms and conditions, RSA will have the option to cancel their membership without notice. In the event of such cancellation, Member hereby agrees to immediately cease using any and all identified RSA intellectual property in any capacity. Member acknowledges that use of RS Store Websites services in no way constitutes, conveys, or transfers ownership of any RSA intellectual property from RSA to Member.
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Account Policy
These terms and conditions apply to the use of web sites designed, developed and hosted by RSA. |
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Billing and Renewal Policy
RS Store Websites services are offered on a monthly or annual payment basis. The initial prices for these products or services will be established in the online agreement completed by you, the Member. RSA reserves the right to change the pricing for the different services and products at any time with a 30 day notice. Such notice can be made available by either email, posting on the RSCentral.org website or in this online agreement, at the sole discretion of RSA. Unless you notify RSA in writing of your wish to discontinue your participation, you will be bound by this new pricing upon renewal of any monthly or annual services after the 30 day notice period.
As the account holder, it is your responsibility to provide RSA with a valid credit card number, billing address, expiration date, and authorization for RSA to charge this account for any products or services provided to you. You agree to keep RSA updated with current credit card information and agree to provide new credit card information in the event that your old card is deactivated, expired or has insufficient funds to cover your membership fees.
RSA reserves the right to place your account on hold, deactivate your services, or terminate the agreement if your account falls into payment arrears. Any outstanding balance owed by Member at the time of termination or cancellation will be due and immediately payable in-full. RSA services are billed in advance on a pre-paid basis and will automatically renew for additional periods of equal length on a month-to-month or annual basis, depending on your selection.
In the event that you wish to dispute any fee RSA has charged against your account, you agree to discuss the issue with RSA in order to resolve the issue before filing any chargeback or unauthorized charge claims with your credit card company. In the event you do not comply with this provision, you agree to reimburse RSA for any associated costs that may be incurred.
Declined, refused, and/or returned payments by credit card, check, or EFT may result in a $25.00 service fee to your account for each billing event that is declined, refused or returned.
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Cancellations
The purpose of this policy is to protect the rights of the Member as well as RSA. It prevents unauthorized individuals from canceling a Member’s account either maliciously or without due authority or intent on the part of the Member. It also provides the Member and RSA with written documentation of the Member’s intent to cancel.
RSA will not honor cancellation requests made via voice mail or telephone. Instead, cancellations must be received in writing by either: fax (214) 361-5311, USPS mail, or emailing RSA at membership @rscentral.org with the subject line "Please cancel my account". In some cases RSA will verbally contact the Member to ensure that the account cancellation was not requested by someone other than you, the Member.
Members have the right to cancel their account at any time, however services are billed in whole billing periods only. If a Member cancels their account prior to the expiration of a billing period, either monthly or annually, no refunds will be issued. Members will not, in any way, be prorated for unused time on their RS Store Website.
Cancellation requests must be received by RSA in writing and no less than 10 days prior to the end of your billing cycle term in order for the cancellation to be deemed effective. In the event you do not cancel your account in accordance with these terms. You are liable for payment of the entire term of the renewal period (either 1 month or 12 months, whichever is the case).
NOTE: RS Store Websites Set-up fees are not refundable.
Once the Member has requested to terminate their account, RSA will cease to provide any support to the Members’ account or website once the billing cycle has ended. This includes but is not limited to, domain service hosting or transfers, technical services, and/or customer services.
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RS Store Websites Customer Support
Customer support is available to Members in good standing via email, online discussion forum, and telephone. Our customer care support hours are as follows:
- Telephone: Monday through Friday 8:30 AM to 5 PM (CST)
- Email: Monday through Friday 8:30 AM to 5 PM (CST)
RSA expects you, the Member, to have a rudimentary understanding of the manner in which the tools and services purchased from RSA function. The RSA customer support team does not assume any responsibility for training, teaching, or instructing you in the use of the services you purchased. Online training guides and FAQ's are available to users, free of charge to current Members on the RSA website.
If you or your clients experience technical difficulties, including but not limited to error messages or improper functioning that is directly related to RSA-provided technology, support will be provided at no charge to you, the Member. Any other requests for support, custom work, and training will be billed to the Member based upon the current RSA pricing for such services. |
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RSA Commercial Email (SPAM) Policy
For the protection of all Members using the RSA services, RSA is committed to maintaining a SPAM-free environment. Improper and irresponsible use of the email tools provided by and through RSA can result in the entire population of Members of our tools being blocked or filtered from sending emails to certain email service providers.
RSA requires that you follow responsible permission-based email marketing standards. You must agree to follow all provisions of the CAN-SPAM, which can be read in its entirety here. https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
RSA does not accept responsibility for the consequences of Members whose actions might have resulted in the blocking or filtering of RSA system emails to email service providers. RSA will monitor the email actions of users of the system in the case of SPAM compliance complaints and are authorized to terminate the agreement of Members who continue to violate the RSA SPAM policy. If your account is terminated or deactivated due to infringement of the RSA SPAM policy you may be subject to a $100 reactivation fee.
Accounts canceled due to SPAM could be billed an additional clean-up fee of $100. |
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Access to Tracking Service
Member hereby understands and agrees that RSA has established a relationship with PackageMapping.com to provide package tracking tools to RSA Members, and the data that RSA receives as a third party provider is provided by PackageMapping., and is not the property of RSA. You further agree that; As a third party provider, RSA receives all package tracking information from PackageMapping.com. RSA assumes no responsibility for missing or inaccurate information. RSA is not responsible for the accuracy, completeness, functionality, usability, or availability of the PackageMapping.com services. The use of PackageMapping.com services is strictly at your own risk. |
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Website Vandalism
Please understand that RSA only considers a "hacked" account to be the unauthorized access of an account resulting from the criminal act of distributing and propagating a keylogger, Trojan, or other computer virus. We do not recognize a "hacked" account to be theft resulting from any sort of account sharing and/or access provided to the site administration by Members to others . The integrity, security, content, and interactions on an account are the sole responsibility of the account holder, and not RSA. Any settings lost in this incident will not be restored without the payment of an additional administrative fee being paid to RSA. Owners are responsible for maintaining the confidentiality of their passwords and security of their accounts at all times.
The act of writing and distributing malicious code is a criminal act, one that the police will often investigate and prosecute. A victim will need to contact his or her local authorities in order to report any activity of this nature.
During the investigation, police will likely need to contact RSA with a subpoena request to identify and track down the perpetrators. This can be done by writing or faxing RSA at the contact below:
Retail Shipping Partners, Inc.
1475 Richardson Dr, Suite 270
Richardson, TX 75080
Fax Number: 214-361-5311
Once this information has been received by RSA, we will proceed to review the account history and make all reasonable efforts to cooperate with law enforcement authorities in their pursuit of the individuals responsible. |
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Ownership of Services
RSA (or its affiliates) is the exclusive owner of the services and your use of the services does not provide you any right or interest in any of RSA's intellectual property including, but not limited to, web site designs, layouts, content, program code, scripts, database structures, proprietary strategies and processes, and other intellectual property of RSA (or its affiliates). In the event that you pay RSA to design graphics or content specifically for you (the member), you may copy and reuse the content and/or graphics; provided, however, that all source files for such content and/or graphics remain the exclusive property of RSA and such source files will not be provided to you or your representatives for copy, modification or reuse. The RS Store Webiste-provided web site cannot be transferred to another hosting service provider. |
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Domain Name Registration
In the event that RSA is responsible for registering your domain name, RSA will register your domain name, for the period of one year, and you will be the sole owner of your domain name(s). In order to ensure that your domain name remains in your possession, RSA will automatically renew any domains registered on your behalf. In the event RSA renews any domain registered on your behalf, you agree to pay RSA a fee of $25.00 in addition to any fees paid by RSA to the domain registrar on your behalf.
In the event that you terminate your website hosting services with RSA, the control, renewal, and charge of your domain name is your sole and exclusive responsibility. RSA is not responsible for the loss of ownership or control of your domain name at any time after you terminate services with RSA |
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Content
Any and all services and products provided by RSA can be used only for legal purposes under all international, federal, provincial and municipal laws. Violations of this or any other provision of this agreement can result in a suspension of service leading to termination or, in RSA's sole discretion, an immediate termination of service. This includes, but is not limited to:
- Infringement of copyright, trademark, patent, trade secret or other intellectual property right
- Display of pornographic material or links on RSA hosted websites
- Racially offensive material, hate material, and adult content
- Mail fraud, marketing schemes, or fraudulent activities
- Sending of unsolicited email, mail bombs, or any virus transmitted via email
Use of any RSA provided service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited.
Any illegal activity, including the posting of adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being immediately shut down without any notice upon discovery by RSA.
RSA does not host sites of its competitors or web pages promoting sites of its competitors.
RSA will be the sole arbiter as to what constitutes a violation of this provision. |
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Limitations of Liability
RSA is not responsible for any failures, delays or interruptions in the delivery of any content or services contained on the RSA server or losses or damages arising from the use of the content or services provided by RSA, and for greater certainty and without limitation to the generality of the foregoing:
- RSA’s liability to the Member for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by the Member to RSA, for the prior 1 or 12 months (whichever constitutes the most recent single paid-for period of hosting service);
- In no event will RSA be liable to the Member for any indirect, incidental or consequential damages arising out of the service or in connection with the Member web site or any other services or products provided to or by the Member;
- RSA, its officers, directors, owners, agents and employees, shall in no way be liable to the Member or anyone else for any loss or injury resulting from use of the service or the Member's web site;
- In no event shall RSA be liable for any damages whatsoever, as a result of the notifying any official of potentially illegal content on the web site, providing copies of the Member's web site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
In no event shall RSA be liable for any damages whatsoever, as a result of the termination of this agreement. |
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Indemnification
RSA reserves the right to refuse services to any Member. In the event that a Member does not abide by the provisions set out in this agreement or if RSA deems the Member to be a hindrance to RSA, the Member will be blacklisted and RSA will not provide any services to the Member in the future.
RSA reserves the right to refuse service to anyone for any reason not prohibited by law. RSA also reserves the right to terminate service to any customer for any reason not prohibited by law.
RSA reserves the right to refuse services to any potential Member, even before any services have been provided to the Member. |
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Right to Refuse Service
RSA reserves the right to refuse services to any Member. In the event that a Member does not abide by the provisions set out in this agreement or if RSA deems the Member to be a hindrance to RSA, the Member will be blacklisted and RSA will not provide any services to the Member in the future.
RSA reserves the right to refuse service to anyone for any reason not prohibited by law. RSA also reserves the right to terminate service to any customer for any reason not prohibited by law.
RSA reserves the right to refuse services to any potential Member, even before any services have been provided to the Member. |
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Governing Law; Jurisdiction
To the maximum extent permitted by applicable law, the provisions of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to principles of conflicts of law. Each of the parties hereto irrevocably and unconditionally confirms and agrees that it is and shall continue to be (i) subject to the jurisdiction of the state courts of the State of Texas and (ii) subject to service of process in the State of Texas. Each party hereto hereby irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction of any state court located in the State of Texas (the “Texas Courts”), including in and for Dallas County, for any actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated by this Agreement (and agrees not to commence any litigation relating thereto except in such courts), and (b) waives any objection to the laying of venue of any such litigation in the Texas Courts. |
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Trademarks
RSA, Retail Shipping Partners, Inc., its successors and assignees own and have the exclusive use of the RSA service, trademark, and logo. Unauthorized use of any RSA service, trademark, or logo is a violation of federal and state trademark laws. |
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Contact Information
All notices to RSA under this agreement shall be in writing and delivered via U.S. mail to: Retail Shipping Partners, Inc., 1475 Richardson Dr, Suite 270, Richardson, TX 75080. You may also Fax written notices to: (214) 361-5311. |
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