Acceptable Use Policy

Indie Labs maintains this Acceptable Use Policy ("AUP") to provide users of its hosting services ("You" or "Your") and Indie Labs' various systems and network (the " Services") with information relating to Your use our site at www.bigcartel.com (the " Big Cartel Site").

Indie Labs may amend this Acceptable Use Policy at any time by posting the amended AUP on the Big Cartel Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Big Cartel Site. Your continued use of Indie Labs Services will constitute Your acceptance of any changes or additions to this Acceptable Use Policy.

Scope and Application of AUP

This AUP forms an integral part of the Merchant User Agreement (as posted on the Big Cartel Site and amended from time to time). Your compliance with, and cooperation in Indie Labs' enforcement of, this AUP is an important condition to Your continuing contractual rights to use the Services.

This AUP is not intended to address all possible unacceptable uses of the Services. As a result, Indie Labs reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate Your Services, or take such other action as Indie Labs deems appropriate in its sole and exclusive discretion.

Lawful Purpose

You may use the Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.

Prohibited Activities

You agree that Your activities and any products, services or content published and distributed through Your store using the Indie Labs Services shall not:

  • violate the list of Prohibited and Restricted Items Policy that is incorporated herein;
  • be false, inaccurate or misleading;
  • be fraudulent or involve the sale of counterfeit or stolen items;
  • infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
  • be obscene or contain child pornography;
  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
  • involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of the Merchant User Agreement;
  • be harmful or potentially harmful to the Indie Labs Server structure as determined in Indie Labs' sole discretion, including without limitation overloading the Indie Labs technical infrastructure;
  • involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;
  • create liability for Indie Labs and its subcontractors or expose them to undue risk or otherwise engage in activities that Indie Labs, in its sole discretion, determines to be harmful to Indie Labs' affiliates, operations, reputation, or goodwill ;
  • link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.

Restricted Activities (Special to PayPal)

PayPal users should be aware that PayPal will not process payments for certain activities. PayPal's Acceptable Use Policy identifies activities that are illegal or may be illegal under certain circumstances, and details certain types of activities for which PayPal has decided not to process payments, even if the activities may be legal.

Your relationship with PayPal is separate from Your relationship with Indie Labs and is governed by the terms and conditions contained in the PayPal User Agreement and the PayPal Privacy Policy. Such terms and conditions are available at PayPal.

Privacy

View Indie Labs's Privacy Information While Indie Labs is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. Indie Labs is not responsible for the security of any information transmitted over its Services.

Spamming and Related Activities

Indie Labs strictly prohibits Your use of Indie Labs' Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium. Activities that violate this AUP may also subject You to civil liability to third parties and to criminal penalties.

Permission Based Communications

You may use Indie Labs' Services to transmit permission-based communications for purposes of marketing Your goods and services, provided that You otherwise comply with the standards set out in this AUP, the Indie Labs Privacy Policy and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using Indie Labs' Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that Your marketing is strictly permission-based. In addition, should You purchase mailing lists or other types of data that are to be used to contact third parties via Indie Labs' Services, You must verify that the lists have been compiled on a strict "opt-in" basis.

In addition to the above, all permission-based communications sent using Indie Labs' Services must include the following (and You are required to take the corresponding actions set forth below):

  • A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter Indie Labs' Services.)
  • The recipient's accurate e-mail address in the "to" line and the sender's accurate e-mail address in the "from" line.
  • A working link to Your privacy policy.
  • A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter Indie Labs' Services.)
  • An up-to-date website that corresponds with the domain portion of the response e-mail. Your store must conspicuously display Your up-to-date mailing address, telephone number and facsimile number.

You are solely responsible for the transmission of all such permission-based communications related to Your store and Your use of the Indie Labs Services. Indie Labs reserves the right to suspend or terminate Services to You and Your Store in the event Indie Labs receives, in its sole and exclusive discretion, an excessive number of complaints related to Your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise.

Prohibited Uses

YOUR USE OF INDIE LABS' SERVICES MAY NOT VIOLATE ANY OF THE PROVISIONS IN THIS AUP. INDIE LABS MAY SUSPEND OR TERMINATE YOUR SERVICES, OR ALTERNATIVELY REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP.

You violate this AUP when You, end users of Your store or any third party acting on behalf of You or Your end users, engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to the terms of this AUP.

Indie Labs will not intervene or become involved in any disputes between You and a third party, including but not limited to end users of Your store. Consequently, Indie Labs reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to You upon its receipt of any third party complaint that You have engaged in any activity that violates this AUP, that may otherwise subject Indie Labs to liability for any reason, or that may cause Indie Labs to incur legal fees or other expenses.

Indie Labs may suspend and terminate Your use of the Services without notice to You and end users of Your store for breach of this AUP. Indie Labs may also report Your activities to federal and/or state law enforcement agencies.

United States Export Laws

United States export control laws govern Your use of Indie Labs' Services. These laws apply to You and Your use of Indie Labs' Services regardless of whether You actually reside in the United States.

You may not use Indie Labs' Services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use Indie Labs' Services to offer or provide services on Your store to end users with whom United States citizens may not do business.

Additional information about United States export laws, may be obtained from the United States government's portal to exporting and trade services at http://www.export.gov/exportcontrols.html.

Monitoring of Services; Cooperation with Law Enforcement; Legal Documents

You are solely responsible for ensuring that materials send, posted or distributed using Indie Labs' Services comply with this AUP and all applicable laws and regulations. Indie Labs does not review, edit, censor or take responsibility for any information You, other customers or Your end users may create.

Indie Labs may disclose information, including information that You may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Indie Labs assumes no obligation to inform You that such information has been provided and, in some cases, may be prohibited by law from providing You with notice.

On occasion, Indie Labs may have a need to communicate with You about issues that relate to billing, service changes, additions and modifications to its Services. Indie Labs may choose the method of such communication in its sole discretion, which may include without limitation email.

Contact Information

It is Your responsibility to provide and check the account and contact information, including a required valid e-mail address, that You provide to Indie Labs during the sign-up process. It is Your responsibility to inform Indie Labs promptly of any changes to Your account or contact information. Indie Labs has no responsibility for communications that are misdirected as a result of Your failure to provide Indie Labs with updated contact information.