I. ACCEPTANCE OF TERMS
THE WEBSITE IS INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS 18 YEARS OF AGE AND OLDER. BY ACCESSING AND USING THE WEBSITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD.
By using the website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
In addition, when using this website’s particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service (TOS).
ANY PARTICIPATION IN THE WEBSITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
II. AVAILABILITY OF SERVICES
We reserve the right to refuse any and all services to anyone for any reason at any time. Our goal is to provide information and services to independently owned small business operations that in our sole judgment are worthwhile business endeavors. We do not endorse, promote, advertise, or provide our services to individuals or businesses that in our sole judgment provide products, services, or information that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. Specifically, our services are not available to individuals, associations, clubs, organizations or business operations that advertise, endorse, promote, solicit or provide access to products, services or information that:
- might be considered offensive to other people, such as promoting racism, bigotry, hatred, violence, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- displays pornographic or sexually explicit material of any kind, including any depictions of nudity;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits personal identifying information for commercial or unlawful purposes from other users;
- promotes illegal or unauthorized copying of another person’s copyrighted work;
- promotes the transmission of unsolicited mass mailings known as “junk mail” or “spamming”.
III. DOWNLOADING FREE MATERIAL
You have our permission to temporarily download one copy of materials we provide as “Free Stuff” for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
IV. ACCURACY OF INFORMATION
The Website and its components are offered for informational purposes only; we shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
We have not reviewed all of the sites linked to our web site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply our endorsement of the site. Use of any such linked web site is at your own risk.
VI. THIRD PARTY ADVERTISING
We provide third party advertising links on our site. We are paid a fee each time a visitor clicks on one of these links and visits the particular advertiser’s website. These are behavioral ads and these links are provided for your convenience only. We do not control and are not responsible for the content, products or services made available through any third-party websites. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.
VII. SMALL BUSINESS WEB DESIGN
- Our web design service includes site layout only. Our web design fees are separate from domain name registration fees, web hosting fees or Internet Service Provider fees. All of these costs are your responsibility. We are not responsible or liable for any damages that may occur due to the use of these outside services. We are not responsible for any website down time experienced by your web hosting server.
- We will use photos, images, and graphics that you provide. You are responsible for ensuring these images are free of copyright or to guarantee that you hold all rights to them. By submitting images to us, you are giving us expressed permission to use them on your website.
- In order for us to upload the necessary files to your website, we must have access to the file manager on your web host server. By purchasing a web design package, you are permitting our access and agree to provide us with the necessary log in information so that files may be uploaded. Once your website is complete and your 30-day maintenance period has expired, you agree to change the log in information so that only you will have access to the website files.
- We will place a small “Website Designed by Web Design by Ken” link at the bottom of your web pages. You also give us permission to include your website in our product portfolio on our website.
- No additional charges outside the initial package price will apply unless circumstances cause a need and no additional charges will be added without your consent.
VIII. REFUND POLICY
Small Business Web Design – You will be involved in the design of your business website from start to finish. You will approve the “Home” page concept before we will proceed in the creation of the other web pages. Once you have approved them, all pages of your website will be uploaded to your hosting server. This will be considered the official launch date of the site. Your approval acknowledges acceptance of a final product and no refunds will be issued.
- We only collect personal information about you and your business when you knowingly and willingly provide it.
- The release of certain information, as required to submit your site to search engines and directories, will be done so only after your permission is granted.
- We will not share or otherwise profit from the distribution of personal data beyond the use it was provided to fulfill.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with your knowledge or consent.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to you information about our policies and practices relating to the management of personal information.
X. LIMITATION OF LIABILITY
Under no circumstances, shall we, our owners, employees, officers, agents, vendors, associates, affiliates, family members, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of, inability to use, information collected from, or products and services provided by or on behalf of a website created by us.
While it is our sole purpose to provide a satisfactory, functional website, we make no claims as to the success, usability, search engine rankings, use or interpretation of information, suitability, reliability, timeliness, accuracy of the information, products, and services contained on a website we created.
You agree that our entire liability, and your exclusive remedy with respect to any services provided under this agreement is solely limited to the amount you paid for such services.