Terms of Service

Summary:

We run a web site design and development service called Kingston Businesses Online and would love for you to partner with us. We offer a variety of services, covered on our services page. Our services are designed to give you as much control and ownership over what goes on your site as possible, without the usual headaches associated with operating an online presence. If you publish your own content, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

If you find a Kingston Businesses Online site that you believe violates our terms of service, please contact us. Also feel free to get in contact with us if you have any questions about the Terms of Service below or our Privacy Policy.

(Note: The below Terms of Service are available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. Also feel free to link to KingstonBusinessesOnline.ca if you use it.)

Terms of Service:

The following terms and conditions govern all use of the KingstonBusinessesOnline.ca website and all content, services and products available at or through the website, including, but not limited to: development of web applications, design, development and maintenance of social media, websites, and/or eCommerce platforms. Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Kingston Businesses Online (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website or Services. By accessing or using any part of the web site or our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Kingston Businesses Online, acceptance is expressly limited to these terms.

1. Your KingstonBusinessesOnline.ca Accounts and Site. If you maintain content on one of our Websites, or are authorized on any of our Social Media pages you are responsible for maintaining the security of your accounts, and you are fully responsible for all activities that occur under the accounts. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Kingston Businesses Online may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Kingston Businesses Online liability. You must immediately notify Kingston Businesses Online of any unauthorized uses of your site, your account or any other breaches of security. Kingston Businesses Online will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Kingston Businesses Online or otherwise.

By submitting Content to Kingston Businesses Online for inclusion on your Website, you grant Kingston Businesses Online a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site or social media pages. If you delete Content, Kingston Businesses Online will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Kingston Businesses Online has the right (though not the obligation) to, in Kingston Businesses Online sole discretion (i) refuse or remove any content that, in Kingston Businesses Online reasonable opinion, violates any Kingston Businesses Online policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Kingston Businesses Online sole discretion. Kingston Businesses Online will have no obligation to provide a refund of any amounts previously paid, but we will abide by the terms of our Satisfaction Guarantee.

3. Payment and Renewal.

General Terms.

Paid services such as hosting, website design and development, video creation, or domain purchases are available through the Website. By selecting a service you agree to pay Kingston Businesses Online the monthly or annual subscription fees indicated for that service. Payments will be charged in the manner outlined on your invoice. Service fees are not refundable except in extreme cases, to be determined by Kingston Businesses Online.

Automatic Renewal.

Unless you notify Kingston Businesses Online before the end of the applicable subscription, or contract period that you want to cancel a service, your service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time through our Satisfaction Guarantee, or after the contract term has expired.

4. Responsibility of Visitors. Although we do regular checks, Kingston Businesses Online has not reviewed, and cannot review, all of the material, including computer software, posted to our or clients Websites or Social Media accounts, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website or Social Media, Kingston Businesses Online does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website or Social Media may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website or Social Media may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kingston Businesses Online disclaims any responsibility for any harm resulting from the use by visitors of the Website or Social Media, or from any downloading by those visitors of content there posted. Please contact us if you see anything that violates our Terms of Service and we will address it immediately.

5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Kingston Businesses Online sites link, and that link to Kingston Businesses Online sites. Kingston Businesses Online does not have any control over those non-Kingston Businesses Online websites and webpages, and is not responsible for their contents or their use. By linking to a non- Kingston Businesses Online website or webpage, Kingston Businesses Online does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kingston Businesses Online disclaims any responsibility for any harm resulting from your use of non- Kingston Businesses Online websites and webpages.

6. Copyright Infringement. As Kingston Businesses Online asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by KingstonBusinessesOnline.ca violates your copyright, you are encouraged to notify Kingston Businesses Online. Kingston Businesses Online will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kingston Businesses Online will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kingston Businesses Online or others. In the case of such termination, Kingston Businesses Online will have no obligation to provide a refund of any amounts previously paid to Kingston Businesses Online.

7. Intellectual Property. This Agreement does not transfer from Kingston Businesses Online to you any Kingston Businesses Online or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kingston Businesses Online. Kingston Businesses Online, the KingstonBusinessesOnline.ca logo, and all other trademarks, service marks, graphics and logos used in connection with Kingston Businesses Online, are owned by us. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kingston Businesses Online or third-party trademarks.

8. Attribution. Kingston Businesses Online reserves the right to display attribution links such as 'Site by Kingston Businesses Online'. Please let us know if this is an issue.

9. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

10. Changes. Kingston Businesses Online reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kingston Businesses Online may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

11. Termination. Kingston Businesses Online may terminate your access to all or any part of Websites under our control at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), please contact us. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties. Our websites are provided “as is”. Kingston Businesses Online and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kingston Businesses Online nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

13. Limitation of Liability. In no event will Kingston Businesses Online, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kingston Businesses Online under this agreement during the twelve (12) month period prior to the cause of action. Kingston Businesses Online shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty. You represent and warrant that (i) your use of the Website and/or Social Media will be in strict accordance with the Kingston Businesses Online Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside) and (ii) your use of the Website and/or Social Media will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification. You agree to indemnify and hold harmless Kingston Businesses Online, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or Social Media, including but not limited to your violation of this Agreement.

16. Browser Compatibility. See this link for more information on our browser compatibility policy.

17. Miscellaneous. This Agreement constitutes the entire agreement between Kingston Businesses Online and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kingston Businesses Online, or by the posting by Kingston Businesses Online of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Kingston, Ontario. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kingston Businesses Online may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log:

2/27/2014 : made some terms more general, changed references to "blog" to website, since potentially more than just the blog can be updated by clients.

These Terms of Service are based on the TOS available through the Creative Commons Sharealike license at WordPress.com.