Welcome to myshopsites (referred to below as "the Platform", "we", "us", or "our"). By registering an account, subscribing to our hosting services, or spinning up an e-commerce storefront on our platform, you (referred to below as "the User", "you", or "your") agree to be bound by this legally binding Agreement. If you do not agree to these terms, you must not use our platform or create a storefront.
1. ACCEPTABLE USE POLICY (AUP)
You are solely responsible for all activity, content, and products on the e-commerce store you create. We maintain a zero-tolerance policy for illegal or abusive behavior. We reserve the right to immediately suspend or permanently terminate your store, without notice and without a refund, if you engage in any of the following prohibited activities:
Illegal or Regulated Goods & Services: You may not use the Platform to sell or promote illegal drugs, firearms, weapons, ammunition, counterfeit or replica goods (e.g., fake designer brands), or regulated products sold without required local licenses (such as tobacco, vaping products, alcohol, or prescription medications).
Fraud, Scams, and Deceptive Practices: You may not use the Platform to run deceptive schemes, storefront scams (where you accept payments with no intention of shipping the items), or phishing/spyware pages designed to steal customer data or credit card numbers.
Intellectual Property Infringement: You may not upload, display, or sell any content or products that infringe upon the copyrights, trademarks, patents, or privacy rights of any third party.
Harmful or Explicit Content: Your store must not contain explicitly pornographic material, hate speech, harassment, defamation, or content that incites violence or promotes self-harm.
System Abuse: You may not attempt to harm, degrade, overload, or bypass the security of our hosting infrastructure, reverse-engineer our code, or host malicious software (malware).
2. DISCLAIMER OF WARRANTIES ("AS-IS")
The Platform and all hosting services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. To the maximum extent permitted by law, we do not warrant that the platform will be uninterrupted, timely, secure, virus-free, or error-free. We do not guarantee that any store built on our platform will generate revenue, profit, or traffic, or that your data will be permanently safe from loss or corruption. You use this platform entirely at your own risk.
3. EXCLUSION OF CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall we (the Platform owner, developers, or affiliates) be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages. This means we are not responsible for loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages, arising out of or in connection with server downtime, platform glitches, software bugs, data breaches, or security incidents.
4. LIABILITY CAP (MAXIMUM FINANCIAL LIMIT)
Our total aggregate liability to you for any and all claims arising out of or relating to this Agreement or your use of the Platform—whether in contract, tort (including negligence), breach of warranty, or otherwise—is strictly limited to the total amount of fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the liability.
5. USER INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Platform, its owner(s), developers, affiliates, and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or connected with:
Your use or misuse of the Platform or hosting services.
Any content, products, services, images, or branding displayed, sold, or promoted on the e-commerce store you create.
Your violation of this Agreement or any applicable local, national, or international laws, regulations, or third-party rights.
Any transaction, dispute, chargeback, or issue between you and your end-customers.
If a third party brings a claim against us because of your storefront or actions, we reserve the right to assume exclusive defense and control of the matter. In such a case, you agree to fully cooperate with our defense and promptly reimburse us for all legal fees, settlements, and expenses incurred.
6. GOVERNING LAW
This Agreement and any disputes arising out of it shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. Any legal actions must be filed in the courts located within Mortlake, New South Wales, Australia.