ABOLUTELY.COM
Abolutely, "Your Collecting Dreams! Make an offer!! We want to here from you.


HomeCollectablesBottlesCoinsCardsGraded CardsMore CardsToy'sGlassORDER FORM!!!!!T.O.S.U.s.p.sEct.gift for you

By and between Abolutelty.com and the participating customer, that will be referred to in this document as "Customer.” The parties agree to the following, which shall apply during the term of this agreement:

1. Abolutelty.com ("Company") agrees to furnish services to the Customer, subject to the following TOS (Terms of Service). Use of the Abolutelty.com Service constitutes acceptance and agreement to Abolutelty.com's Privacy Policy, as well as Abolutelty.com's TOS. All provisions of this agreement are subject to the TOS of Abolutelty.com and the Privacy Policy. The Privacy Policy may be changed from time to time at the discretion of the Company. Customer understands and agrees that changes to the Privacy Policy by the Company shall not be grounds for early contract termination or non-payment.

2. Order Acceptance, Payment


All orders are subject to acceptance by Abolutelty.com. An order will be deemed accepted by Abolutelty.com when written (e-mail) confirmation of the order is sent to Customer. Abolutelty.com may refuse to accept, or delay acceptance of any order for any reason.


3. Payment and Terms: Payment shall be made in US dollars to Abolutelty.com. Payments are due upon account activation and future renewal. If due to bank charges, transfer fees, or the like, Abolutelty.com should receive less than its invoice amount, Abolutelty.com will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by Abolutelty.com within ten (10) days after activation or renewal, Abolutelty.com may discontinue, withhold, or suspend services to Customer. Orders received before the 20th day of the month in which the order is initiated, will be billed for a full month of service.


4. Confidentiality: Customer acknowledges that by reason of its relationship with Abolutelty.com hereunder, it may have access to certain information and materials relating to Abolutelty.com's business, plans, customers, software, and marketing strategies that is confidential and of substantial value to Abolutelty.com, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by Abolutelty.com. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to Abolutelty.com or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, Abolutelty.com shall be entitled to injunctive relief, which relief shall not be contested by Customer.


5. Disclosure to Law Enforcement: The Privacy Policy specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition Abolutelty.com shall have the right to terminate all service set forth in this Agreement.


6. Term and Termination: Hosting Services will commence on the Effective Date indicated in the Order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive one month periods unless the Order is earlier terminated in accordance with its terms or either party gives written notice to the other party of non-renewal at least 30 days prior to expiration of the then-current term.


7. Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appoint of, any trustee or receiver for all or any portion of such party’s assets.


8. Abolutelty.com may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if Abolutelty.com determines in good faith that Customer’s use of the Customer Web site or the Customer Content violates the Acceptable Use Policy.


9. Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.


10. Charges and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts that are not collectable by Abolutelty.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150.


11. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Customer may cancel their account according to the terms of this agreement. All requests for canceling accounts must be made in writing with at least 30 days notice.


12. Service Interruption: Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.


13. Customer Support: Abolutelty.com provides technical support to our Customers with the exception of all federal holidays according to the following terms: Abolutelty.com provides support related to your server or virtual site functioning. Abolutelty.com does not offer tech support for any software or services other than the AuctionCheckout service. Abolutelty.com does not provide technical or customer support for Customer’s end use customers.


14. Spam Policy: Abolutelty.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of AuctionCheckout may not use or permit others to use our network to transact in UCE. Customers of Abolutelty.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.


15. Violation of Abolutelty.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Abolutelty.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Abolutelty.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Abolutelty.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Abolutelty.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Abolutelty.com will notify law enforcement officials if the violation is believed to be a criminal offense.


First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Abolutelty.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.


As our Customers are ultimately responsible for the actions of their clients over the AuctionCheckout network, it is advisable that Customers develop a similar, or stricter, policy for their clients.


16. IP Address Ownership: If Abolutelty.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to AuctionCheckout, and Customer shall have no right to use that Internet Protocol address except as permitted by AuctionCheckout in its sole discretion in connection with the Services, during the term of this Agreement. Abolutelty.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Abolutelty.com, and AuctionCheckout reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.


17. Requirement of eBay account: Customer acknowledges that an eBay account in good standing is a requirement of the Abolutelty.com service. Abolutelty.com is not affiliated with eBay in any way. The trademarks of Abolutelty.com and eBay are the exclusive right of the respective entities. Abolutelty.com does not state or imply any relationship or partnership with eBay.


18. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Abolutelty.com Network. Violations of system or network security may result in civil or criminal liability. AuctionCheckout will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:


a. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

e. Taking any action in order to obtain services to which such User is not entitled.


19. Account/Service Cancellation: Abolutelty.com reserves the right to suspend network access to any customer if in the judgment of the Abolutelty.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Abolutelty.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.


20. Abolutelty.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Abolutelty.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.


21. Indemnification: Abolutelty.com wishes to emphasize that in agreeing to the Abolutelty.com AUP and TOS customer indemnifies Abolutelty.com for any violations that results in loss to AAbolutelty.com or the bringing of any claim against Abolutelty.com by any third-party. This means that if Abolutelty.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Abolutelty.com, plus all costs and attorney's fees.


22. Property Rights: Abolutelty.com owns all rights, titles and interests in Abolutelty.com's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use Abolutelty.com's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.


23. Applicable Law, Jurisdictional Matters: This agreement is to be governed by and construed under the laws of the State of Ohio, the County of Delaware, and the United States of America. The federal and state courts of the State of Ohio shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Ohio and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by Abolutelty.com. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.


Customers would have the option to file a complaint with the BBB and participate with Abolutelty.com in conciliation and mediation efforts first through the Better Business Bureau of Central Ohio. After which, if the dispute is not resolved to their satisfaction, and they want to further pursue the matter through arbitration, the customer and Abolutelty.com would use the BBB’s legally binding arbitration services as a means to resolve the dispute.


24. Entire Agreement, Modifications: This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. AuctionCheckout may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of AuctionCheckout services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.


25. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUCTIONCHECKOUT 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.


AuctionCheckout MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AuctionCheckout OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


26. LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT AuctionCheckout SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ABOLUTELY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


paypal.JPG

GLOBAL.JPG