Terms of Service
Overview
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Softworld (India) Pvt Ltd. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement. You agree that you will only use the Services if you are a person over 18 years of age. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in New York. The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
Acceptable Use
SWIL does not allow any of the following content, or links to such content, to be published on the Service:
  • Content of a pornographic, sexually explicit, or violent nature.
  • Content of an illegal nature (including stolen copyrighted material).
  • Pirated software sites, including cracking programs or cracking program archives.
  • Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, SWIL will suspend the services of the member account until a resolution is met between Softworld (India) Pvt Ltd. and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on SWIL's servers. Users deemed to be using SWIL solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed. The final choice of whether an account is in violation of any of these policies is at the sole discretion of Softworld (India) Pvt Ltd. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
Fees
1.User agrees to either a one (1) month, twelve (12) month or twenty-four (24) month contract agreement with SWIL.

2.User can opt to upgrade or downgrade their service agreement to any other contract agreement that SWIL is currently offering for sale at any time during User's contract term. In the event of a contract downgrade, a discount credit will be issued to User's SWIL account for the difference in the cost of the two contracts over the remainder of the User's original contract term. This credit can be applied to future months of service with SWIL, and is in no way transferable to a cash refund.

3.At the end of the contract term, the contract will automatically renew indefinitely until explicitly canceled by the User. Cancellation must be issued via the User's website Manager interface or via SWIL's support addresses. Any cancellation issued via the customer's website Manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website Manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.

Use of SWIL themes and/or designer submitted themes
You may use or purchase a theme from our theme store and use it on a single store within the SWIL system. You are not allowed to take this theme and use it outside of SWIL unless you receive written permission from us. You are not permitted to sell or distribute the theme in anyway.
The rights of each theme remains the property of the of the creator. You agree to not hold the creator responsible for any problems in the code.
You may NOT hold SWIL responsible for using themes for any creator, including SWIL created themes.
Support for each theme is the sole responsibility of the creator.
It is your responsibility to ensure that the theme you are using works for your store.
SWIL may modify, remove, or change a theme at anytime at its sole discression
SWIL reserves the right to input a link back to SWIL in the footer of all designs
You may modify a theme for use in your store in anyway, but you may not hold us responsible for any damage, loss, or problems that may arise from this.
Temporary Use License Granted
Only for the duration of being logged into the User's valid SWIL account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the Softworld (India) Pvt Ltd. website.
A valid SWIL account may only be created and maintained by a User who fully provides valid personal information about the User in the signup process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Limited Liability
User shall defend, indemnify, save and hold inkFrog, Inc. (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
User shall defend, indemnify and hold harmless inkFrog, Inc. (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
Under no circumstances, including negligence, shall inkFrog, Inc. (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing inkFrog, Inc. services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the inkFrog, Inc. service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to inkFrog, Inc. records, programs or services. This paragraph shall apply to all content and functionality of inkFrog, Inc. Service.
Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to inkFrog, Inc. during the current month.
Such limitations shall apply to inkFrog, Inc. total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
 
 
 
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