Website Services Agreement

OVERVIEW

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Website Service Agreement (this “Service Agreement”) governs your use of Keltech Designs LLC’s website and website marketing related services (“Website Services”). Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.

DESCRIPTION OF SERVICES

Keltech Designs LLC offers cloud-hosted tools that enables you to design, create, manage and promote your online presence. The various Websites and Marketing Service plans include the following features: designed templates; email marketing; business profile management on Google, Instagram and more and Search Engine Optimization. The actual Services available vary based on your geographic region and the specific service plan purchased. In some geographic markets outside the United States, this product may be referred to as Website Builder.

Account Termination; Limitations

  1. You are responsible for ensuring your website conforms to all applicable local, state, federal, and international laws.
  2. You are solely responsible to save and backup your website and any of your User Content and any and all data or information sent or received using the Website Services.
  3. For all Website Services, Your User Content includes any registered domain names provided by you or registered on behalf of you in connection with the Services. Keltech Designs is relying on your representation concerning your proper use of all content on any website you create or control.
  4. You represent and warrant that you have all necessary rights, title and interest in User Content, or possess the necessary rights and consents to permit the User Content to be sent or received using the Website Services.
  5. All content you upload may be immediately available. User Content may be cached for up to one year and deleting User Content does not remove cached versions of the content.
  6. By uploading content for your website, you grant Keltech Designs an unrestricted license to use the content for the purpose of providing the Website Services, and to display screenshots of any website created in marketing materials, or in other manners as determined by Keltech Designs in its sole and absolute discretion.
  7. You are responsible for maintaining your website and all of your website content. You will be solely responsible for undertaking measures to: (i) prevent any loss or damage to your website content; (ii) maintain independent archival and backup copies of your website content; and (iii) ensure the security, confidentiality and integrity of all your website content transmitted through or stored on Keltech Designs servers and hosting services are not an archive and Keltech Designs will have no liability for loss, damage or destruction of any of your content.

Maintenance Services

This support service must be requested through the proper channels to be received and responded to/completed within the designated time. Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review, unless the request is unclear or missing information/content necessary to complete the request in question.

All requests will be subject to the limitations stated in the Website Design Services Agreement. Each request is subject to a review for exceeding the limitations for which your Website Maintenance plan is associated with. The Website Maintenance management exclusively determines the effort required for development. For work outside of the scope, Keltech Designs may provide alternative solutions to the client.

Keltech Designs provides website maintenance support within the hours of 10:00am – 6:00pm CST time, Monday -Friday, and will respond to any written inquiries within 1 business day.

Ownership of Websites

Keltech Designs 

Website Performance

The performance of your website may be impacted at varying number of products depending on potential physical and practical constraints, including, but not limited to, system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations.

Collection of Taxes on Website

You are responsible for collecting, and managing all end customer payments. Similarly, you are responsible for the payment of all applicable state, federal or international taxes on products you sell using the Services. It is your responsibility to read, enter into, and agree to all End User License Agreements required for use of your selected Payment Methods and Tax options. Keltech Designs LLC is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of your items to purchasers internationally.

Proprietary Rights

 “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. “ Keltech Designs Content” means any Content created or licensed by Keltech Designs (including, without limitation, Content created for you or with your input). “Customer Content” means any Content that KD Account holders (including you) provide to be made available through the Services. GoDaddy does not claim any ownership rights in any Customer Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your Customer Content. Subject to the foregoing, Keltech Designs and its licensors exclusively own all right, title and interest in and to the Services and Keltech Designs Content, including all associated intellectual property rights. You acknowledge that the Services and Keltech Designs Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Access Rights

You may choose to allow Keltech Designs to manage third-party profiles, applications or websites on your behalf (“Third-Party Services”) using usernames and passwords that you provide to log in to the Third-Party Services (such information comprising a “Third-Party Login”). You hereby grant Keltech Designs the right to (1) create, access and manage the Third-Party Services in your name using Keltech Designs Content, Customer Content and publicly available information; (2) post, at Keltech Designs’s discretion, Customer Content or Keltech Designs Content to the Third-Party Services in your name, including but not limited to Content that mentions, discusses, or promotes third parties; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the Third-Party Services; (4) host, using the resources of Keltech Designs or its affiliates, the Third-Party Services, to the extent necessary to provide the Services; and (5) use and store Third-Party Logins to accomplish any of the foregoing. YOU ACKNOWLEDGE AND AGREE THAT WHEN KELTECH DESIGNS IS CREATING, ACCESSING AND MANAGING THE THIRD-PARTY SERVICES, KELTECH DESIGNS IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE THIRD-PARTY SERVICES. Your access to the Third-Party Services is governed solely by the agreement between you and the operator of the Third-Party Services. Upon termination of your use of Keltech Designs services, you retain the right to access and control the Third-Party Services not hosted by Keltech Designs or its affiliates, as well as Customer Content. At any time, including upon termination of your use of Services, Keltech Designs may delete, disable, alter, remove, retain, or otherwise dispose of the Third-Party Services, if any, hosted by Keltech Designs or its affiliates.

Limits on Content 

You acknowledge and agree that:

  • Your use of the Services, including any Customer Content you submit, will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
  • You will not collect or harvest (or permit anyone else to collect or harvest) any Customer Content or any non-public or personally identifiable information about any person or entity without their express prior written consent.
  • You will not use the Services in a manner (as determined by Keltech Designs in its sole and absolute discretion) that: is illegal, or promotes or encourages illegal activity; promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM); promotes, encourages or engages in terrorism, violence against people, animals, or property; promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking; infringes on the intellectual property rights of any other person or entity; violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; interferes with the operation of the Services; contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims, regarding Keltech Designs or Keltech Designs Services.
  • You will not modify or alter any part of the Services or any of its related technologies.
  • You will not access Keltech Designs Content or Customer Content through any technology or means other than through the Services, or as Keltech Designs may designate.
  • You agree to accept as a risk the loss of any and all of your Customer Content.
  • You will not: attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Keltech Designs or other generally available third-party web browsers; use the Services or resell Keltech Designs Content, or any portion thereof, or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; collect or store any personally identifiable information from the Services from other users of the Services without their express permission; impersonate or misrepresent your affiliation with any person or entity; or encourage or enable any other individual to do any of the foregoing.
  • Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.

    WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO REMOVE OR DISABLE ACCESS TO ANY CONTENT, AT ANY TIME AND WITHOUT NOTICE, IF WE, AT OUR SOLE DISCRETION, CONSIDER ANY CONTENT TO BE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS. WE HAVE THE RIGHT TO INVESTIGATE VIOLATIONS OF THESE TERMS OR CONDUCT THAT AFFECTS THE SERVICES. WE MAY ALSO CONSULT AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES TO PROSECUTE USERS WHO VIOLATE THE LAW.

 

Refunds and Cancellations.

You can cancel Website Maintenance services at any time. However, you must cancel more than 48 hours in advance of your next billing date in order for the cancellation to be effective for that billing period. If you cancel within 48 hours of your billing date, your cancellation will be effective the next billing period and you will not be refunded the cost of that billing period.

Customer Proprietary Network Information (“CPNI”)

Keltech Designs does not enable use, disclosure or permit access to CPNI for any marketing purposes to any persons, entities, parties outside of the company without the specific consent of the customer that owns the CPNI data. Keltech Designs does not and will not utilize, disclose or permit access to CPNI data to identify or track customers that call competing service providers. If Keltech Designs requires customer consent for utilizing, disclosing or permitting access to CPNI data, the Company will obtain consent through written, oral or electronic methods. Without such consent, Keltech Designs only uses CPNI in lawful ways, such as for billing and collecting of service rendered, protecting the Company’s rights and property, or providing customer information required by a Public Safety Access Point.

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