Content
All services provided by ezflowerShop / webShop101 may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any US law is prohibited. This includes, but is not limited to:

• copyrighted material,
• material we judge to be threatening or obscene,
• material protected by trade secret and other statute.

• Pirated software,
• Hackers programs or archives,
• Warez sites,
• IRC Bots,
• Multiple hosts resolving at an IP or domain name that we provide,
• Audio and Movie files like RealVideo.

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Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your domain.

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Disclaimers and Limitations of Liability
User expressly agrees that the use of ezflowerShop / webShop101 services is at user's sole risk. Neither ezflowerShop / webShop101, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that ezflowerShop / webShop101 hosting will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of ezflowerShop / webShop101 hosting, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through ezflowerShop / webShop101.

EZFLOWERSHOP / WEBSHOP101 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, PROVIDED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EZFLOWERSHOP / WEBSHOP101 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZFLOWERSHOP / WEBSHOP101 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EZFLOWERSHOP / WEBSHOP101 NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall ezflowerShop / webShop101 or any other party involved in creating, producing, or distributing ezflowerShop / webShop101 services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use ezflowerShop / webShop101 services, including but not limited to reliance by a User on any information obtained from ezflowerShop / webShop101 or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to ezflowerShop / webShop101's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through ezflowerShop / webShop101. Where the exclusion or limitation of liability for consequential or incidental damages is not permissible by law, liability is limited to the fullest extent permitted by law.

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Security
All login user codes and passwords are not to be given to people outside of the members organization. These are only to be used by the people who are reading email or administrating the store and the person maintaining the web site. The individual in whose name the services are purchased shall hold full responsibility for any and all damages resulting from user codes/passwords being revealed to another person.

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Privacy
At ezflowerShop / webShop101, we take your privacy seriously. ezflowerShop / webShop101 remains the sole owner of the information collected from ezflowerShop / webShop101 clients. We will not sell, share, rent or otherwise reveal this information to others in any way unless required to by law or for purposes of investigating misuse of our services.

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E-commerce
For secure internet hosting, ezflowerShop / webShop101 does not accept any responsibility for credit card clearing, authorizing or funds handling. IggyWeb processes the receipt of card details through it's secure server and stores them for your retrieval. It is the clients responsibility to handle removing the secure transactions once they have been read and to match card numbers to expiration dates. ezflowerShop / webShop101 does not accept any responsibility for clients who pass on their secure services account details to third parties. Any misuse of the service is the sole responsibility of the secure hosted client.

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Right to Disable Domain
If monthly hosting fees are not received within 30 days of invoicing, ezflowerShop / webShop101 reserves the right to disable your Domain until payment in full is received.

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Applicable Law
This site is created and controlled by ezflowerShop / webShop101 in Minnesota. As such, the laws of Minnesota will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. ezflowerShop / webShop101 reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of Minnesota for any litigation arising out of or relating to use of or purchase made through ezflowerShop / webShop101 (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in Minnesota courts and agrees not to plead or claim in any Minnesota court that such litigation brought therein has been brought in an inconvenient forum.

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Terms and Conditions
Terms and Conditions

Universal Terms of Service for ezflowerShop Software and Services
This Agreement ("Agreement") is by and between ezflowerShop.com, and Mrfco Inc. ("ezflowerShop") Mrfco Inc is a Minnesota Corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of ezflowerShop software (“Software”) and services (“Services”) and explains ezflowerShop’s obligations to You and Your obligations to ezflowerShop in relation to the Software and Services You purchase.

This Agreement as well as any additional ezflowerShop policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and ezflowerShop concerning Your use of ezflowerShop’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All ezflowerShop policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy (“UDRP”). By purchasing ezflowerShop’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which ezflowerShop may establish from time to time, and any agreements that ezflowerShop is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with ezflowerShop, whether or not the transactions were in Your behalf. You acknowledge that ezflowerShop’s acceptance of any application made by You for Services provided by ezflowerShop will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

The General Terms in Section A apply to all customers of ezflowerShop. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.

A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES

1. TERM OF AGREEMENT; MODIFICATIONS

You agree that ezflowerShop may modify this Agreement and the Services from time to time. You agree to be bound by any changes ezflowerShop may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from ezflowerShop , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, ezflowerShop will not refund any amounts You have paid. You agree that ezflowerShop shall not be bound by any representations made by third parties who You may use to purchase Services from ezflowerShop , and that any statement of a general nature, which may be posted on ezflowerShop’s Web site or contained in ezflowerShop’s promotional materials, will not bind ezflowerShop. ezflowerShop may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying ezflowerShop should You desire to terminate Your use of ezflowerShop 's Services. For design and consulting services, Notification of Your intent to terminate must be provided to ezflowerShop no earlier than 30 days prior to Your billing date but no later than 30 days prior to Your billing date.

For web hosting Termination Please refer to the ezflowerShop Monthly Service Agreement https://secure.webshop101.net/.ezflowershop/order/?&print=1&page=shop/shop_help_list&lastpage=checkout/termsHost

2. ACCURATE INFORMATION

You agree to maintain accurate information by providing updates to ezflowerShop , as needed, while You are using ezflowerShop’s Services. You agree You will notify ezflowerShop within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by ezflowerShop to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that ezflowerShop may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to ezflowerShop’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if ezflowerShop has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, ezflowerShop has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. PRIVACY

You can view ezflowerShop’s Privacy Policy here https://secure.webshop101.net/.ezflowershop/order/privacy.php, which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. ACCOUNT SECURITY

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify ezflowerShop immediately of any unauthorized use of Your account or any other breach of security. You agree ezflowerShop will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by ezflowerShop or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. ezflowerShop specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE

As a condition of Your use of ezflowerShop’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to ezflowerShop if, for any reason, ezflowerShop takes corrective action with respect to Your improper or illegal use of its Services.

ezflowerShop reserves the right at all times to disclose any information as ezflowerShop deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ezflowerShop's sole discretion.

If You have purchased Services, ezflowerShop has no obligation to monitor Your use of the Services. ezflowerShop reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. ezflowerShop reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

ezflowerShop reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against ezflowerShop or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. ezflowerShop may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, ezflowerShop may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by ezflowerShop in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event ezflowerShop cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to ezflowerShop in connection with the Services being canceled. In the event ezflowerShop deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to ezflowerShop if, for any reason, ezflowerShop takes corrective action with respect to Your improper or illegal use of its Services.

6. NO SPAM; LIQUIDATED DAMAGES

You agree ezflowerShop may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay ezflowerShop liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay ezflowerShop 's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of ezflowerShop’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all ezflowerShop Software and Services and are incorporated herein.

7. INTELLECTUAL PROPERTY.

You agree that ezflowerShop or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the ezflowerShop Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that ezflowerShop or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of ezflowerShop or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

8. USE OF ezflowerShop SOFTWARE

If You have licensed software from ezflowerShop , ezflowerShop grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

Use of the ezflowerShop logo:

Use of this software, installed on Mrfco Inc web servers or others, requires the ezflowershop logo and is required in text format or image with a clickable link to the ezflowershop.com homepage. Acceptable text links include "Web Site Design By ezflowerShop" "eCommerce by ezflowerShop" "ezflowerShop eCommerce engine" "Powered by ezflowerShop" "website engine by ezflowerShop". This is to be displayed on every page in footer area (bottom of page).

ezflowerShop reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of ezflowerShop . The source code and its organization are the exclusive property of ezflowerShop and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by ezflowerShop .

ezflowerShop provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

9. FEES AND PAYMENT

As consideration for the Software or Services purchased by You and provided to You by ezflowerShop, You agree to pay ezflowerShop at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. ezflowerShop expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check , or using ezflowerShop’s prepaid service Good as Gold, (“Prepaid Services”) to establish a cash reserve for charge by ezflowerShop (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, ezflowerShop will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with ezflowerShop, at ezflowerShop's then current rates.

If for any reason ezflowerShop is unable to charge Your Payment Method for the full amount owed ezflowerShop for the Services provided, or if ezflowerShop is charged a penalty for any fee it previously charged to Your Payment Method, You agree that ezflowerShop may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason ezflowerShop is unable to charge Your credit card with the full amount of the Services provided, or if ezflowerShop is charged back for any fee it previously charged to the credit card You provided, You agree that ezflowerShop may pursue all available remedies in order to obtain payment. You agree that among the remedies ezflowerShop may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. ezflowerShop reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager.

You agree that You are solely liable for arranging that Your Services are renewed, and that ezflowerShop shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

While all purchases are processed in US dollars, ezflowerShop may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, ezflowerShop makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.

A. pre-paid ezflowerShop web site maintenance plans

Service Details. By using ezflowerShop’s Prepaid Services, You can transfer funds to ezflowerShop in advance and use the balance of Your Prepaid Services Account ("Account") as You please. You can use Your Account to purchase any of the Software or Services of ezflowerShop . As consideration for the Services purchased by You and provided to You by ezflowerShop , You agree to pay ezflowerShop in advance for the Services to be provided. Payment is to be made by You providing either a valid credit card, wire transfer, a money order, or personal check. Personal checks may only be used for payments of $100 or more, and may not be made for less than the amount required at purchase. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft.

You can verify the remaining funds in Your Account at any time by logging in to Manage Your Account or through the shopping cart on the ezflowerShop Web site. Should You decide to terminate Your Account and seek a refund of Your Prepaid Services, Your refund will be made by check net of any discounts, including, but not limited to, reduced or waived wire transfer fees and/or the Cash Discount.

You acknowledge that funds transferred to Your Account will be held in an account by ezflowerShop , which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that ezflowerShop shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services.

You acknowledge that all transactions using Prepaid Services will be conducted in U.S. Dollars and that it is Your responsibility to arrange for foreign currency translations prior to funding Your Account. Wire transfers received by ezflowerShop in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($100.00), paid in U.S. funds. You agree that You will be responsible for all wire transfer fees, both incoming and outgoing, associated with Your Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or ezflowerShop’s bank, which may reduce the amount of the money received by ezflowerShop’s bank and subsequently funded into Your Prepaid pre-paid ezflowerShop web site maintenance plan . Customers funding a pre-paid ezflowerShop web site maintenance plan who wire $1,000 or more shall not be subject to a $20 wire transfer processing fee from ezflowerShop . You hereby expressly give ezflowerShop permission to reduce Your Account by the amount of wire transfer fees ezflowerShop incurs in order to receive Your funds. All fees are subject to change and will be updated online in this Agreement.

Prepaid Services Accounts will receive a 2% discount on purchases (the "Cash Discount"). The Cash Discount will be reflected in Your Account balance. Thus, purchases will reduce the balance of Your Account by 98% of the total purchase price of each transaction. For example, if Your Account is funded with an initial amount of $100.00 and You make a $10.00 purchase, Your Account will be reduced by only $9.80. ezflowerShop reserves the right to discontinue or change the Cash Discount at any time, without notice.

Your Use of Prepaid Services

Use of funds in Your Account can only be made through the ezflowerShop purchase process at ezflowerShop’s Web site. Purchases may not be made unless there are sufficient, available funds in Your Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

Additional funds may be added to Your Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00).

You will be able to access Your Account activity and records from the Manage Your Account link on ezflowerShop’s Web site. Your Account will show purchases and the amount of funds remaining in Your Account. ezflowerShop reserves the right at all times to disclose any information about Your Account as ezflowerShop deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from Your Account, in the sole discretion of ezflowerShop .

Specific Representations and Warranties

You agree that ezflowerShop makes no representations or warranties of any kind in connection with Prepaid Services. ezflowerShop expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of ezflowerShop , as well as its affiliates, subsidiaries, officers, directors and employees. ezflowerShop also reserves the right to freeze an Account during resolution of a dispute.

B. Payment By Check

By using ezflowerShop’s pay by check option (“Pay By Check”), You can purchase ezflowerShop Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by ezflowerShop , You agree to allow Mrfco, Inc. ("Mrfco") to debit the full amount of this transaction from Your checking account, which is non-refundable. Mrfco will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that Mrfco and ezflowerShop will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason Mrfco is unable to withdraw the full amount owed for the Services provided, You agree that Mrfco and ezflowerShop may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft.

The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services.

By clicking the box labeled “I agree” to the terms of the Pay by Check terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT of this order from Your checking account.

C. Pay by PayPal By using ezflowerShop’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase ezflowerShop Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by ezflowerShop , You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.

It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and ezflowerShop will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and ezflowerShop may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.

By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.

10. REPRESENTATIONS AND WARRANTIES

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

ezflowerShop expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of ezflowerShop , as well as its affiliates, subsidiaries, officers, directors and employees. ezflowerShop also reserves the right to freeze a domain name during resolution of a dispute.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL ezflowerShop BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF ezflowerShop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, ezflowerShop’s liability is limited to the full extent permitted by law. You agree that in no event shall ezflowerShop’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from ezflowerShop .

12. DISCLAIMER OF WARRANTIES

ezflowerShop expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. ezflowerShop makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. ezflowerShop does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ezflowerShop and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with ezflowerShop whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from ezflowerShop or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold ezflowerShop harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should ezflowerShop be notified of a pending law suit, or receive notice of the filing of a law suit, ezflowerShop may seek a written confirmation from You concerning Your obligation to indemnify ezflowerShop . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that ezflowerShop shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify ezflowerShop of any such claim promptly in writing and to allow ezflowerShop to control the proceedings. You agree to cooperate fully with ezflowerShop during such proceedings.

You agree to cooperate fully with ezflowerShop during such proceedings. You agree You will not be entitled to a refund of any fees paid to ezflowerShop if, for any reason, ezflowerShop takes corrective action with respect to Your improper or illegal use of its services. You also agree that if ezflowerShop is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with ezflowerShop , that ezflowerShop , in its sole discretion, may take whatever action ezflowerShop deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY

This agreement shall be deemed entered into in the State of Minnesota. Except for disputes concerning the user of a domain name registered with ezflowerShop , You agree that the laws and judicial decisions of Hennepin County, Minnesota, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Hennepin County, Arizona. For the adjudication of disputes concerning the use of any domain name registered with ezflowerShop , You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Minnesota located in Minneapolis, Minnesota.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

15. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from ezflowerShop to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with ezflowerShop. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to ezflowerShop shall be made either by email, sent to the address provided on the ezflowerShop Web site, or first class mail to ezflowerShop’s address at:

ezflowerShop.com, Inc., Attn: Legal Counsel, 3800 Humblodt Ave., Minneapolis, MN, 55412.

16. HEADINGS

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

17. ENTIRE AGREEMENT

You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and ezflowerShop regarding the Services contemplated herein.

18. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

19. WAIVER

The failure of ezflowerShop to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of ezflowerShop thereafter to enforce such provisions.

20. FORCE MAJEURE

ezflowerShop will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold ezflowerShop liable for any of the consequences of such interruptions.

21. SURVIVAL

Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.

22. NO THIRD PARTY BENEFICIARIES

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

D. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS

23. EZFLOWERSHOP WEBSITE application and service details

The Software

The software is licensed for the exclusive use of the original purchaser.

The Online Wizards

Forms, Flash™ animations, or Plug-ins produced by the online wizards are licensed for the exclusive use of the original purchaser on one web site. You are free to modify these in any way as long as it`s used on one web site only. Paying for a single form and using it on multiple web sites is NOT authorized.

Application Particulars

The Software is a webserver application tool which is designed to assist You in designing and publishing web sites for use on the Internet. The Software will give You the ability to personalize, customize and design Your web site to suit Your individual needs.

Web Site Hosting Services

You are responsible for insuring that your web site conforms to all local, state, federal, and international laws. Further, you are responsible for insuring the legal copyright to any images, text, or other web site elements that are not provided by ezflowerShop. Moving your web site off of the hosting servers is not possible, however you have access to your data and image library 24 hours a day 7 days a week.

24. ezflowerShops`s rights

ezflowerShop retains all rights to this Software and Services, web site templates, forms, and documentation. You are entitled to use this Software, the web templates, forms and documentation to publish your web site on the Internet.

ezflowerShop reserves the right to: Censor any web site hosted on its servers that, inezflowerShop`s sole opinion, is deemed inappropriate.

Review every Web Hosting account for excessive space and bandwidth utilization. And, to terminate or apply additional fees to those accounts that exceed those levels that are allowed.

Modify Pricing through email notification.

Terminate your Web Hosting Service for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses, like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.

Terminate your Web Hosting Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against ezflowerShop or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action are eventually determined to be with or without merit. The decision to terminate your web hosting service as a result of actual or threatened legal action, shall be done so solely by ezflowerShop, and in doing so,

ezflowerShop shall not be required to consider the merits of the legal action or whether or not threatened legal action will actually come to pass.

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Web Site Hosting Agreement
Website Hosting Agreement

Monthly Service Agreement ezflowerShop Monthly 'Basis' Hosting Fees Applies $49.95

ez-eCommerce 'Module' Monthly Hosting Fee Applies per module as described in your purchase today and adds to the "Basis' of you Monthly fee depending on how you have set up your site beyond the default setup.

Terms - Pay First and Last Months Hosting with Commencement of Service - 30 Day Cancellation Notice Required, In Writing To 3800 Humboldt Ave, Minneapolis MN 55412 in care of MRFCO INC.

The ezflowerShop monthly web hosting is billed to your credit card on file, on the 5th to 10th of each month.

Each month services are paid in advance

First months billing cycle will be not pro-rated - Example - you sign up for service on the 20th, then the next billing cycle, 10th of the month comes up, you do not have 10 more days of your first 30 days free, overlap, if any will be used upon account termination, for your last month billing cycle.

Monthly Web Hosting Fees:

The ezflowerShop monthly 'Basis' web hosting fee plus any additional cost for installed modules, monthly, is billed to your credit card on file, on the 10th of each month or you can mail a check to our office, received by the 10th of each month, for that months service.

Each month services are paid in advance - No Exceptions

Monthly Web Hosting Fees: Billed on the 10th in advance, each month Service termination requires 30 days written notice to our office Mrfco Inc 3800 Humboldt Ave Minneapolis MN 55412

There are No Refunds On Setup or Hosting Fees once we have installed and published webstie

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ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and ezflowerShop / webShop101 regarding your relationship with ezflowerShop / webShop101 and supersedes any prior statements or representations. By purchasing services from ezflowerShop / webShop101, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. The aforementioned Terms of Service are subject to change. Changes will be notified on the ezflowerShop / webShop101 site.

These terms are current as of September 30, 2004

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