This Acceptable Use Policy ("AUP") outlines unacceptable use of the Shift4Shop Services (the "Services"). This AUP is in addition to any other terms and conditions under which Shift4Shop provides the Services to you.
Questions about this AUP (e.g., whether any contemplated use is permitted) and reports of violations of this AUP should be directed to [email protected]
Prohibited content, uses and activities include, without limitation, any use of the Services in a manner that, in Shift4Shop’s reasonable judgment, involves, facilitates, or attempts any of the following:
You are responsible to ensure that use of the Services and content is in compliance with all applicable laws, including laws where the Services or content is uploaded, hosted, stored, accessed or used, and to implement necessary restrictions to prohibit use by any individual (e.g. restrictions on access by minors) or in any jurisdiction, as required to comply with such laws. Similarly, Shift4Shop reserves the right to take all actions it deems appropriate to comply with applicable laws.
These Terms of Service were last revised on January, 24, 2021. These Terms of Service ("Agreement", "Terms of Service" or "Terms") is entered into between you ("Customer" or "You") and Shift4Shop, LLC a Delaware limited liability company ("Shift4Shop"), and is made effective on the date of electronic acceptance. Your continued use of the Shift4Shop site and/or the Services (as defined below) constitutes your acknowledgment and acceptance of these revised terms.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
In addition to the general Terms of Service above, You also agree to be bound by the additional service specific terms applicable to the Services You purchase and/or use ("Service Specific Terms"). The following Service Specific Terms and policies are hereby incorporated by reference and will be binding upon the parties.
Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is believed to be residing on Shift4Shop's network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:
How to Report A Claim of Infringement:
If you believe a Shift4Shop client and/or end user has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to Shift4Shop and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice):
You may mail this letter to:
Shift4Shop 6691 Nob Hill Rd
Tamarac, FL 33321
Email: [email protected]
Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of Shift4Shop.
How to Make a Counter Notification:
If you are a Shift4Shop client and/or end user, i.e., subscriber, and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. 17 U.S.C. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
Our designated agent will present your counter notification to the Complaining Party. Once your counter notification has been delivered, Shift4Shop is allowed under the provisions of 17 U.S.C. Section 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Shift4Shop’s system or network.
Any person who knowingly materially misrepresents under this section:
By signing the Shift4Shop Launch Acknowledgment form You agree that You have read, understand, and will comply with the terms of this Acknowledgment set forth below.
You agree to be charged a fee for all transactions processed through your Shift4Shop at a rate of 2.90% +.30 per transaction and to be bound by the terms and conditions of the Merchant Processing Agreement for the use of such services at www.shift4.com/legal
To qualify for conversion assistance from your current platform to Shift4Shop at no charge, You agree that your ecommerce website will process at least five thousand dollars ($5,000.00) in sales volume each month ("Minimum Monthly Sales Volume"). Shift4Shop reserves the right to accept or deny requests for conversion assistance in its discretion, and may choose to charge you at our then-current rate for conversion assistance services in the event you do not meet the Minimum Monthly Sales Volume.
Shift4Shop and Your appointed Expert will use commercially reasonable efforts to deliver Your website within the timeframe expressed to You, however, You understand and acknowledge that consultation with Your appointed Expert, as well as the complexity of your Shift4Shop website build may cause delay in delivery
Shift4Shop Terms of Service
You agree to the Shift4Shop Terms of service which can be found at www.shift4.com/legal. In addition to the terms set forth in the Terms of Service you also agree that if you do not comply with the terms of this Acknowledgment then you will reimburse Shift4Shop for the Shop Migration Fee, charged at the then-current market value of the site migration services performed on your behalf.
You also acknowledge and agree that Shift4Shop is incurring additional expense in order to provide You with free website consultation and related services, including the Shop Migration Program. You agree that You will use best efforts to meet the Minimum Monthly Sales Volume. In the event that You do not meet the Minimum Monthly Processing Amount, Shift4Shop may, in its discretion, bill You for the services rendered to develop Your Shift4Shop website at its then current rate.