For any free or discounted trial offers the following terms apply:

For all LankanGift.com services with the exception of our eCommerce store builder services, for any free or discounted trial offer, by accepting any such offer you are agreeing to enroll in a LankanGift.com "Professional" account with “Plus Support”, at a cost of $139.00 every four weeks billed to your credit card, unless you cancel prior to the end of the trial period by contacting LankanGift.com at 888-792-1961 (U.S. customers) or 705-792-1961 (International customers).

By signing up for the LankanGift.com services (hereinafter referred to as the "Services"), you hereby agree to the following Terms of Service:

This Terms of Service document, as amended by LankanGift.com, its partners, subsidiaries, affiliates, successors and assigns (hereinafter referred to collectively as "LankanGift.com", "we" and/or "us"), along with any applicable order page (hereinafter collectively referred to as the "Agreement") constitutes a legally binding contract between LankanGift.com and the person or organization that submits an order for the Services, pays for Services, and/or utilizes the Services ("Customer", "Client" and/or "you"). You and LankanGift.com together may be referred to herein as the "Parties" and either alone may be referred to as a "Party".

LankanGift.com reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. LankanGift.com may make such changes or modifications to the terms and conditions contained in this Agreement in accordance with the terms of this Agreement and Client's continued use of the Services following LankanGift.com's posting of any changes or modifications will constitute Client's acceptance of such changes or modifications.

You acknowledge that you have read, understand and agree to be bound by all of the terms and conditions of this Agreement, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by LankanGift.com from time to time and are incorporated herein by reference. You may also elect to purchase additional Services from LankanGift.com, our partners and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept and abide by those agreements as well as this Agreement.

1. Services.

1. The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:

   1. Shopping Cart and eCommerce software that facilitates the sale of products by the Client to customers on a website controlled by the Client;

   2. Email marketing tools and services;

   3. Online advertising tools and services;

   4. Affiliate marketing tools and services; and

   5. Online website store builder services.

2. LankanGift.com will provide Client with a limited license to use and receive the Services hereunder and LankanGift.com will further provide the Services ordered by the Client subject to the terms, conditions and limitations applicable to the Services that are set forth in the Agreement and on the LankanGift.com website.

3. Client will pay for the Services at the price and in accordance with any fee schedule indicated upon Client’s ordering of the Services. LankanGift.com may change the prices for the Services at any time and any such change in prices will be effective immediately after LankanGift.com posts the change on its website or otherwise provides notice to Client in accordance with this Agreement. All fees collected under this Agreement are fully earned when due and non-refundable when paid except as expressly provided for herein. All fees due under this Agreement must be paid via credit card or other payment method acceptable to LankanGift.com.

4. The Services are either owned by LankanGift.com or licensed from a third party. In accordance with this Agreement and subject to the payment of applicable fees, LankanGift.com will provide certain hosting, support and other miscellaneous Services licensed by Client under this Agreement during the term of this Agreement. Any hosting to be provided by LankanGift.com under the Agreement shall be on servers operated by or for LankanGift.com ("LankanGift.com Servers") and several merchants may share the resources and network capacity of those LankanGift.com Servers.

5. LankanGift.com reserves the right to change, amend and/or alter the Services or to otherwise provide equivalent or equal Services without prior notice to Client. Client agrees to receive administrative communications from LankanGift.com in regards to the Services, Client’s account, policy changes and system updates.

6. For any free or discounted trial offers the following terms apply:

   1. For all LankanGift.com services with the exception of our eCommerce store builder services, for any free or discounted trial offer, by accepting such offer you are agreeing to enroll in a LankanGift.com "Professional" account with "Plus Support", at a cost of $139.00 every four weeks billed to your credit card, unless you cancel prior to the end of the trial period by contacting LankanGift.com at 888-792-1961 (U.S. customers) or 705-792-1961 (international customers).

   2. For our eCommerce store builder services, for any free or discounted trial offer, by accepting any such offer you are agreeing to enroll in a LankanGift.com "Premium" account with “Plus Support”, at a cost of $129.00 every four weeks plus a 1% transaction fee on products and services sold through the store, billed to your credit card, unless you cancel prior to the end of the trial period by contacting LankanGift.com at 888-792-1961 (U.S. customers) or 705-792-1961 (International customers).

7. For any purchase of LankanGift services on a new non-trial account basis, by choosing to purchase the services or otherwise opening an account, you hereby agree to also be enrolled in a four week free trial of “Plus Support”, which will be billed to your credit card at a cost of $10.00 every four weeks following the free trial, unless you cancel prior to the end of the trial period by contacting LankanGift.com at 888-792-1961 (U.S. customers) or 705-792-1961 (International customers).

8. Third Party Licensors

   1. Client acknowledges and agrees that the Services may include and/or may be provided, in some cases, by third party Licensors to LankanGift.com (hereinafter "Third Party Licensors"). For all Services that are provided by Third Party Licensors to LankanGift.com, Client agrees with and shall abide by all Third Party Licensor terms and conditions, if any. Such Third Party Licensor terms and conditions are available upon request (the "Additional Terms and Conditions"). Any Additional Terms and Conditions are in addition to and supplement the terms and conditions provided in this Agreement. Client acknowledges and agrees that it will be subject to all Additional Terms and Conditions and that all such Additional Terms and Conditions shall be incorporated into this Agreement, to the extent those Additional Terms and Conditions do not conflict with the terms and conditions of this Agreement, as if set forth fully herein. Client further agrees that it will be subject to all Additional Terms and Conditions where Client elects to add services to its Services package.

   2. Client acknowledges that LankanGift.com may, at its sole discretion, change any Third Party Licensors that provide services under this Agreement, or add or delete discrete services from the Services. In the event that LankanGift.com changes Third Party Licensors, LankanGift.com may provide Client with notification of changes in Third Party Licensors and refer Client to information posted on LankanGift.com' website relative to that change which shall become Additional Terms and Conditions for the purposes of this Agreement.

   3. Client further expressly agrees that in conjunction with any use of any MasterPass Online services on Client’s website and/or otherwise in connection with the Services, Client agrees to the Additional Terms and Conditions related thereto and located online here and further authorizes LankanGift.com to accept such Additional Terms and Conditions on Client’s behalf. Client expressly authorizes LankanGift.com to opt Client in to the MasterPass Online services, and should Client be opted-in to any such services by LankanGift.com, Client shall have the right to opt-out of such services by contacting LankanGift.com at 888-792-1961.

2. Payment & Fees.

1. The Services will commence on the date Client's order for the Services is accepted by LankanGift.com (the "Effective Date") and will thereafter continue on the basis of successive billing periods (with the first day of each billing period being a "Billing Date") until terminated by either party in accordance with this Agreement. For each billing period, LankanGift.com will automatically charge the Client's credit card on each Billing Date for (i) any non-refundable recurring subscription fees as well as any other annual or one-time fees due in advance for the billing period beginning on that date, and (ii) any transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through the Client's Website (as defined below) during the previous billing period. Client acknowledges and agrees that all recurring fees referenced in the Agreement or otherwise related to the Services are to be recurring transactions billed on an ongoing basis until the Services are terminated in accordance with this Agreement.

2. All fees are quoted in U.S. Dollars and exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and you will be responsible for payment of all such taxes (other than taxes based on LankanGift.com's income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement.

3. Without limiting any of LankanGift.com's rights hereunder, should any fee payment become delinquent or not be retrievable from Client's credit card when due, LankanGift.com may suspend or cancel the Services; however charges may continue to accrue in accordance with the Term of this Agreement and price of Services. Additionally, LankanGift.com may bill an additional charge to reinstate a suspended Customer account. Client acknowledges and agrees that LankanGift.com is not responsible whatsoever for any effect the suspension of Services might have on the Services or the results or effectiveness thereof. If LankanGift.com provides any Service discount to Customer and Customer defaults on its payments or obligations as outlined herein, LankanGift.com may rescind all discounts and require full payment for the Services. LankanGift.com reserves the right to refer any amounts owed hereunder to a third party for collection in the event of ongoing default. On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. LankanGift.com may also continue to submit charges on Client's credit card from time to time until all fees due are paid.

4. CUSTOMER UNDERSTANDS AND AGREES THAT ALL LankanGift.com FEES AND CHARGES ARE NONREFUNDABLE AND THAT LankanGift.com MAY CHANGE ANY FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.

5. Additionally, Client permanently and irrevocably waives any and all right to enact a 'chargeback' (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against LankanGift.com.

6. If expressly noted in the ordering process Client may receive a refund of 100% of the amount paid hereunder if Client terminates the Services within thirty (30) days or less after the Effective Date. However, Client acknowledges and agrees that if Client has surpassed any such thirty (30) day period, Client will not be entitled to a refund. Notwithstanding the foregoing, Client acknowledges and agrees that any such refund will not apply to any transaction fees owed by Client under the Agreement. Additionally, if Client purchase Services with an annual billing arrangement, Client may receive a 100% refund for fees paid for the current annual term for those annual Services, provided Client terminates those Services within thirty (30) days after the annual renewal date.

3. Ownership And License.

1. The Services provided by LankanGift.com hereunder, and all worldwide intellectual property rights therein, are the exclusive property of LankanGift.com. All rights in and to the Services not expressly granted to Client in this Agreement are wholly reserved by LankanGift.com.

2. Subject to the terms and conditions of this Agreement, LankanGift.com grants to Client a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Services. You acknowledge that the Services and their structure, organization, and source code constitute valuable trade secrets of LankanGift.com. Accordingly, except as expressly allowed under this Agreement, you will not, either directly or through a third party, (i) copy, modify, adapt, alter, translate, or create derivative works from the Services; (ii) distribute, sublicense, lease, rent, loan, or otherwise transfer the Services to any third party; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services. In the event of expiration or termination of this Agreement for any reason, the licenses granted under this Agreement shall automatically and immediately cease and you shall destroy all copies the Services or related documentation in your possession.

   "Background Technology" means computer programming & formatting code or operating instructions developed by or for LankanGift.com and used to host or operate a Website or a Web server in connection with a Website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content or any derivatives, improvements, or modifications of Customer Content. All rights to the Background Technology not expressly granted to Customer hereunder are wholly retained by LankanGift.com. Where such Background Technology is provided to Customer hereunder, Customer may not either directly or through a third party, (i) copy, modify, adapt, alter, translate, or create derivative works from the Background Technology; (ii) distribute, sublicense, lease, rent, loan, or otherwise transfer the Background Technology to any third party; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Background Technology. In the event of expiration or termination of this Agreement for any reason, the any Background Technology licenses granted under this Agreement shall automatically and immediately cease and you shall destroy all copies the Background Technology or related documentation in your possession.

3. Subject to the terms and conditions of this Agreement, LankanGift.com grants to Client a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce certain trademarks provided to Client by LankanGift.com under this Agreement ("LankanGift.com Marks"), solely for use in the display on those locations as designated by LankanGift.com in its sole discretion. LankanGift.com grants no rights in the LankanGift.com Marks other than those expressly granted in this Section. Client acknowledges LankanGift.com's exclusive ownership of the LankanGift.com Marks. Client agrees not to take any action inconsistent with such ownership and Client agrees not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the LankanGift.com Marks or in such a way as to create combination marks with the LankanGift.com Marks. At LankanGift.com's request (in its sole discretion), Client will immediately discontinue any use and display of the LankanGift.com Marks. Client acknowledges and agrees that, except with respect to the trademark license granted herein in and to the LankanGift.com Marks, no licenses are granted by LankanGift.com to any other trademarks, service marks, or trade names owned by LankanGift.com, its parent, or affiliates.

4. Certain additional features that LankanGift.com may make available to Client in conjunction with the Services may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions ("Additional Software"). Similarly, LankanGift.com may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). Client agrees that Client will not use such Additional Software or Additional Services unless Client has agreed to the applicable terms and conditions, including but not limited to Client's payment of additional fees as required.

5. If Client purchases a domain name as part of the boarding process for the Services (the "Domain Name" and/or "URL") Client will be considered the owner of the Domain Name; however LankanGift.com will be listed as the technical contact. By using the Services, Client represents and warrants that any name or word submitted to be used as all or part of the Domain Name does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the Domain Name in connection with a commercial or personal endeavor and that it is not merely "cyber squatting," i.e., obtaining the Domain Name merely to attempt to sell the rights to the Domain Name or sub domain to some third party. Client further represents and warrants that the Domain Name will not violate the LankanGift.com Acceptable Use Policy and other acceptable use provisions referenced or listed herein.

4. Use And Ownership Of Digital Images.

The Services may contain clipart and photo images (collectively, the "Images") and as such LankanGift.com may provide the Images to you in the process of providing the Services. The Images are either owned by LankanGift.com or licensed from a third party. Unless otherwise stipulated by LankanGift.com, your use of the Images is subject to the restrictions set forth in this Section and otherwise in accordance with this Agreement.

Provided Customer is not in breach of this Agreement or any of the representations and warranties contained herein, and provided Customer pays the applicable fees, Customer may do the following subject to the restrictions set forth in this Agreement (upon termination of the Services or this Agreement all Customer rights and licenses in and to the Images shall immediately terminate):

• incorporate the Images into your own original work and publish, display and distribute your work on the Website. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or webpage. For example, the Images may be used as part of a webpage design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, Customer may be provided with copies of the Images (including digital files) as part of work product, but Customer is not permitted to use the Images separately or as part of any other product;

• back up, copy, or archive the Images as necessary for internal use, and only as necessary for that use. Any copy or archive you make must include the Image's copyright information; and

• in the normal course of workflow, convey to a third party (such as a printer) temporary copies of the Images that are integral to your work product and without which the product could not be completed.

Customer may not:

• create scandalous, obscene, defamatory or immoral works using the Images, nor use the Images for any other purpose which is prohibited by law;

• use the Images or any part of it as part of a trademark, service mark, or logo. LankanGift.com and those third parties from whom they have licensed images retain the full rights to the Images, and therefore Customer cannot establish their own rights over any part of the Images;

• remove any copyright or trademark from any place where it appears on the Images or its accompanying materials;

• rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity without the express written consent of LankanGift.com;

• transfer the rights to the Images, accompanying materials or storage media for the Images, except as specifically provided for in this Agreement. All other rights are reserved by LankanGift.com and those third parties from whom LankanGift.com has licensed images;

• reverse engineer, decompile, or disassemble any part of the Images, accompanying materials or storage media for the Images, subject to applicable law;

• copy or reproduce the Images, accompanying materials or storage media for the Images;

• display the Images in any digital format or for any digital use at a resolution greater than 640x480 pixels, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Images in violation of this Agreement;

• re-sell, distribute or sub-license the Images, storage media for the Images, or the rights to use the Images to anyone for any purpose, except as specifically provided for in this Agreement; or

• use the Images in any way that could be considered defamatory, libelous, pornographic, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. Customer agrees not to use Images as part of any use involving sensitive subject matter, as determined by LankanGift.com in its sole discretion, including but not limited to the following sensitive subjects: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, cancer, mental ailments, alternative lifestyles issues, and physical or mental abuse, without advance written consent from LankanGift.com and any model in such Image. Sensitive subject usage pertains to both commercial and editorial uses.

5. Client Responsibilities.

Customer shall be responsible for the following (whereby failure to adhere to these responsibilities shall constitute a material breach of this Agreement):

• providing current and updated Customer information (including but not limited to Customer's name, address, email address, postal address, phone and fax numbers, etc.) for LankanGift.com's use in contacting Customer regarding the Services, keeping Client's profile updated, and otherwise as necessary in regards to the Services;

• providing all necessary and required information, data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials ("Content") to be used in connection with a Customer website or online store ("Website") or otherwise for use in conjunction with the Services, other than that Content which LankanGift.com expressly agrees to supply;

• acquiring any authorizations necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;

• contacting LankanGift.com for all changes and modifications to the Services starting from the date of sale and otherwise remaining engaged in the related processes;

• providing LankanGift.com with unrestricted access to the Website and/or related accounts as needed for LankanGift.com to provide the Services hereunder;

• granting to LankanGift.com and its subcontractors the necessary rights and licenses with respect to the Website, the Content and materials related thereto in order to carry out obligations under this Agreement;

• allowing LankanGift.com to make a reasonable number of archival or back-up copies of the Website as deemed necessary by LankanGift.com in providing the Services;

• ensuring that Customer maintains a current and complete backup of their Content at all times;

• obtaining Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet; and

• contacting LankanGift.com with notice of Customer's decision to cancel or discontinue the Services. IF NO SUCH NOTIFICATION IS GIVEN TO LankanGift.com BY CUSTOMER, LankanGift.com WILL ASSUME CUSTOMER IS SATISFIED WITH AND ACCEPTS ALL SERVICES, AND LankanGift.com WILL BILL ANY RELATED FEES DIRECTLY TO CUSTOMER'S CREDIT CARD.

6. Customer Representations And Warranties.

Customer hereby represents and warrants as follows:

• Customer can form legally binding contracts under applicable law;

• Customer is at least eighteen (18) years old and is responsible for supervising the activities of any under-age user;

• to Customer's knowledge, there is no action, proceeding, or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement;

• entering into this Agreement or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the Customer is a party;

• Customer has taken all actions required by applicable law, and have obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Services;

• to the extent that Customer is a business entity, the individual ordering the Services or otherwise entering into this Agreement on behalf of Customer has been duly authorized and are empowered to bind Customer to this Agreement;

• Customer shall ensure the accuracy of materials provided to LankanGift.com, including, without limitation, Content, descriptive claims, warranties, guarantees, nature of business, and contact information for Customer;

• Customer shall acquire any authorizations necessary for hypertext links to third party websites used on the Website or otherwise in conjunction with the Services;

• to the extent Customer gathers any personal information about visitors to the Website, Customer shall not share that personal information with any third party without first obtaining a visitor's consent;

• Customer will not provide Content or other materials, or use the Services in any manner that infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right, and will further not use the Services as a mechanism designed to facilitate such infringement; and

• Customer's Content, other materials provided in conjunction with the Services, and use of the Services shall in all respects conform to all applicable federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders (including those governing the export of technical information).

Customer further represents and warrants that they will not provide or use any Content or other materials or use the Services or the Website in a manner deemed to be any of the following:

• encouraging illegal or criminal conduct;

• promoting, facilitating or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities;

• promoting or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property;

• offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity;

• pornographic or obscene in any manner whatsoever;

• violent or encouraging violence;

• disparaging, defamatory, libelous, or results in an invasion of privacy;

• containing any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data or personal information;

• intentionally holding LankanGift.com or their employees, directors or stockholders up to public scorn, ridicule, or defamation; or

• stating or implying that the Website is placed by LankanGift.com or any party with a contractual relationship with LankanGift.com, or that such parties endorse Customer's products or services.

For all domain names or uniform resource locators used by Customer in conjunction with the Services (collectively the "URL's"), Customer represents and warrants that any name or word submitted to be used as all or part of a domain name or URL does not infringe any trademark or domain name rights of any third party. Moreover, Customer further represents and warrants that it has a present good faith intention to use any domain name or URL it requests in connection with the Services and that it is not merely "cybersquatting" (i.e., obtaining the a domain name merely to attempt to sell the rights to the domain name or subdomain to some third party).

Customer further represents and warrants that they will use the Services in accordance with LankanGift.com's Acceptable Use Policy and in a manner that does not interfere with or disrupt other network users, services, or equipment. Without limiting any of its other rights set forth herein, LankanGift.com reserves the right to terminate or suspend any and all Services without notice if any such interference is determined by LankanGift.com to exist. Such interference or disruption includes, but is not limited to:

• scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums;

• propagation of computer worms or viruses; and/or

• use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

7. Customer Website And Content.

1. Client will be solely responsible for the development, operation and maintenance of the Website, including the operation of the Website, accepting, processing and filing customer orders generated through the Website, and handling any customer inquiries, com