Web Development India
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Disclaimer

1. Introduction

You will need to read this Agreement in its entirety to review the general provisions of the Terms of Use and Additional Terms specific to the product or service for which you are now signing up. Your use of Webkeon Technologies constitutes your agreement to these Terms of Use. Your use of a particular Webkeon Technologies Web site included within, or acceptance of a product, service, or benefit obtained through Webkeon Technologies, may also be subject to additional terms specified in this document, on the applicable Webkeon Technologies Web site or in other accompanying documentation (as such terms that may be modified by Webkeon Technologies from time to time as described below in the "Additional Terms").

If any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within or applicable to any particular Webkeon Technologies Web site, service, product or benefit, then the applicable Additional Terms shall control. You agree to familiarize yourself with the Terms of Use and Notices, including the Additional Terms, and other terms and guidelines found throughout the Webkeon Technologies Web site and abide by them if you choose to use the sites, or accept the products, services or benefits, to which such terms apply. You are required to agree to the following terms of use. Please read these terms of use carefully before purchasing any of Webkeon Technologies's products and/or services on this web site. By clicking on the box next to the phrase "terms of use" on any order page (pursuant to the instructions located thereon), you are agreeing to be bound by the following terms of use, as amended from time to time by Webkeon Technologies (the "agreement").

2. Registration Process

To use any Webkeon Technologies SERVICE, you must submit certain registration data. Such registration data shall include, but shall not be limited to, your name, address, e-mail address, phone number, and other billing information. You hereby certify that all of the registration data you provide to Webkeon Technologies is accurate and complete, and you agree to notify Webkeon Technologies within thirty (30) days of any changes to such data.

3. Changes to Agreement

Webkeon Technologies reserves the right to modify this Agreement at its own discretion. If any modification to this Agreement is unacceptable to you, you may immediately terminate or cancel this agreement by providing written notice to Webkeon Technologies; you will not receive any refund of fees paid by you hereunder in connection with any such termination. If you do not terminate or cancel the Agreement, or if you continue to use a SUBSCRIPTION SERVICE or any other SERVICE following any modification to this Agreement, your continued use will mean that you have accepted that modification. You are responsible for regularly reviewing these terms and conditions.

4. Limitations and Restrictions

As a condition of your use of Webkeon Technologies, you warrant to Webkeon Technologies that you will not use Webkeon Technologies for any purpose that is unlawful, or prohibited by these Terms of Use and Notices or the Additional Terms (as may be modified from time to time). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from Webkeon Technologies, except as expressly provided herein, or with written consent by both you and Webkeon Technologies. You may not use any SUBSCRIPTION SERVICE (or any component thereof) or any other SERVICE for the activities listed below. In the event you violate this provision, this Agreement will immediately be terminated and you will no longer be able to use the SUBSCRIPTION SERVICE (or any component thereof) or any other SERVICE. You may not use the SUBSCRIPTION SERVICE (or any component thereof) or any other SERVICE to display or otherwise use any material, content, software or information provided through or in connection with Webkeon Technologies to:

  • defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;

  • publish, post, distribute, disseminate or link to any:

    (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information;

    (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials;

    (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);

  • sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) and/or are misrepresented ;

  • harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;

  • restrict or inhibit any other user from using and enjoying its rights in Webkeon Technologies, interfering with or disrupting the Webkeon Technologies service or servers or network connected to Webkeon Technologies; or, violate any applicable government laws or regulations.

  • Webkeon Technologies is not obligated to monitor the content on Webkeon Technologies. However, with respect to the use of the products and services offered on Webkeon Technologies. Webkeon Technologies reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Webkeon Technologies Web sites, in Webkeon Technologies's sole discretion, without notice at any time.

5. Payment and Fees

Some products and services available through or in connection with Webkeon Technologies require that you purchase a SUBSCRIPTION SERVICE or otherwise pay a fee and/or a monthly fee. Charges may apply for certain services such as, web site design, web site hosting, consulting, subscription services, or any other service as described on the Webkeon Technologies website.You agree to pay Webkeon Technologies all amounts due upon demand. All fees and payments are nonrefundable. Amounts not paid by you to Webkeon Technologies when due, may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law. You must notify Webkeon Technologies in writing that you are terminating this Agreement, fees pre-paid by you to Webkeon Technologies for Webkeon Technologies products or services will not be credited back to your applicable credit card or otherwise refunded to you. Webkeon Technologies is not required to refund directly or indirectly to you any amounts paid hereunder. You understand that if Webkeon Technologies does not receive timely payment of all amounts due for any SUBSCRIPTION SERVICE or any other SERVICE you purchase, your use of all SERVICES and SUBSCRIPTION SERVICES may be severely restricted or terminated, at Webkeon Technologies's sole discretion. You agree to pay any taxes, duties, and assessments arising out of your use of Webkeon Technologies. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.

6. Links to Third Party Sites

Links within Webkeon Technologies may let you leave Webkeon Technologies. You acknowledge that the linked sites are not under the control of Webkeon Technologies and that Webkeon Technologies is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. Webkeon Technologies is not responsible for web casting or any other form of transmission received from any linked site. Webkeon Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Webkeon Technologies of the linked site or any association with their operators.

7. Your License to Webkeon Technologies

Webkeon Technologies does not claim ownership of the materials you provide to Webkeon Technologies (including feedback and suggestions) or post, upload, input or submit in connection with your use of Webkeon Technologies or any web site ("Your Web Site") created by Webkeon Technologies for you or on your behalf in connection with the use of Webkeon Technologies (collectively "Submissions"). However, you grant Webkeon Technologies a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your web site name on the Webkeon Technologies website as in a section called "Our Clients") your Submission only in connection with the operation and promotion of Webkeon Technologies. No compensation will be paid or due you with respect to Webkeon Technologies's or its sublicensee's use of the materials as licensed. Webkeon Technologies is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Webkeon Technologies's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Webkeon Technologies Web site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Webkeon Technologies the license set forth above, and you will defend and indemnify Webkeon Technologies and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

8. Limitation of Liability Disclaimer

You agree that our entire liability and that of any third party providing services as part of the subscription service or any other service, and your exclusive remedy, with respect to the subscription service and any other service, and any matter arising out of this agreement, is solely limited to the amount you paid for such subscription service or service. Webkeon Technologies, its contractors, affiliates (including third parties providing services as part of the subscription service or any other service) and parent companies shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Webkeon Technologies or resulting from the use or inability to use the subscription service or any other service, or any of the Webkeon Technologies designed web sites, web site hosting service, or other Webkeon Technologies services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:

(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of god;
(4) loss or liability resulting from the unauthorized use or misuse of your account information (including any passwords);
(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement;
(6) loss or liability relating to the deletion of or failure to store e-mail messages;
(7) loss or liability resulting from the development or interruption of your Webkeon Technologies web site or any of the services included in the subscription service or any other service;
(8) loss or liability from your inability to use any component of the subscription service or other services;
(9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your Webkeon Technologies web site or registration data, or your agents failure to pay any fees, including the monthly subscription service fee. You hereby acknowledge that this provision will apply whether or not Webkeon Technologies is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available through Webkeon Technologies. The terms of this Section will survive any termination or cancellation of this agreement.

The information, products, services, and other material included in or available through Webkeon Technologies may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via Webkeon Technologies should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.The terms of this Section will survive any termination or cancellation of this agreement.

Without limiting the foregoing, Webkeon Technologies is not responsible for any of your data residing on Webkeon Technologies hardware. You are responsible for backing-up your data and information that may reside on the Webkeon Technologies hardware, or any 3rd party hardware, whether or not such information is produced through the use of Webkeon Technologies. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. The terms of this Section will survive any termination or cancellation of this agreement.

9. Disclaimer of Warranty

You agree and understand that you are using any SUBSCRIPTION SERVICE or any other SERVICE at your own risk. The SUBSCRIPTION SERVICE or any other SERVICE is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Webkeon Technologies EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIPTION SERVICE OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR UNINTERRUPTED. Webkeon Technologies DOES NOT GUARANTEE YOUR RECEIPT OF SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Webkeon Technologies, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination or cancellation of this agreement.

10. Access Restriction

Webkeon Technologies reserves the right to deny in its sole discretion any user access to Webkeon Technologies or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Webkeon Technologies, and for any use or misuse of your account or Webkeon Technologies resulting from any third party using a password or user name issued to you.

11. Termination

Webkeon Technologies may terminate this Agreement and your access to Webkeon Technologies (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by Webkeon Technologies to have violated these Terms of Use and Notices, or any Additional Terms may be barred from using Webkeon Technologies, or from receiving any products, services or benefits from Webkeon Technologies. In addition, if you violate any of these Terms of Use and Notices, or Additional Terms (as applicable) you will forfeit all in-kind credits and any other amounts accruing to you (if any) in connection with Webkeon Technologies.

A. Cancellation Policy

All fees are non-refundable once your request for a Webkeon Technologies DESIGNED WEB SITE, a SUBSCRIPTION SERVICE, the WEB SITE HOSTING SERVICE, or any SERVICE, is received. If you cancel your subscription before the end of any initial minimum term, Webkeon Technologies will not refund any subscription fees or payments for the customized web site development service paid prior to such cancellation. You will also be required to pay the entire standard monthly charge for each month remaining in any initial minimum term. To cancel your Webkeon Technologies subscription, you must submit your request for termination to Webkeon Technologies. For security reasons, all requests for cancellation of a subscription must be made by the primary contact person on the account and must specify the exact SERVICE to be cancelled and the applicable registered login email address for the account. Subscription cancellations will be effective upon Webkeon Technologies's receipt of such information. Cancellation of any Webkeon Technologies service (whether by Webkeon Technologies or by you) will not relieve you of any payment obligations as set forth in these Terms of Use and Notices.

B. Effect of Termination

Upon any termination of this Agreement, your right to use the SUBSCRIPTION SERVICE (and, therefore, your license to use the Webkeon Technologies WEB SITE) or any other SERVICE will automatically terminate, and you shall immediately cease any use of the Webkeon Technologies WEB SITE and the SUBSCRIPTION SERVICE or any other SERVICE; Webkeon Technologies shall immediately cease providing the SUBSCRIPTION SERVICE or any other SERVICE. Unless otherwise specified in writing by Webkeon Technologies, you will not receive any refund for monthly payments already made by you as of the date of termination. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Webkeon Technologies incurs in closing your account. You agree to pay any and all costs incurred by Webkeon Technologies in enforcing your compliance with this Section.

12. General

This agreement constitutes the entire agreement between you and Webkeon Technologies with respect to any SUBSCRIPTION SERVICE, or any other SERVICE and your use of Webkeon Technologies supersedes all prior agreements between you and Webkeon Technologies pertaining to the same. Webkeon Technologies's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of the State of Delhi, India (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal courts in the district of the State of Delhi (New Delhi), Delhi for any action arising out of or related in any way to this Agreement or relating to your use of Webkeon Technologies (or any component thereof). Nothing in this agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and Webkeon Technologies, and you do not have any authority to create any obligation or make any representation on Webkeon Technologies's behalf, unless a specific written agreement between you and Webkeon Technologies is made. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without Webkeon Technologies's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and Webkeon Technologies and their respective successors and assigns. Other than services provided as a part of the SUBSCRIPTION SERVICE or any other Webkeon Technologies SERVICE, Webkeon Technologies is not responsible for and shall have no liability with respect to any products and/or services purchased by you from other parties, whether through the Cranberry Communications Web site or otherwise, and the provision of any such other products and/or services shall be subject to your agreement, if any, with the party providing the other products and/or services. The terms of this Section will survive any termination of this agreement.

13. Indemnification

You agree to defend, indemnify, and hold Webkeon Technologies and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses) of third parties arising from or related to (a) any information, material, content products, or services available on your licensed Webkeon Technologies DESIGNED WEB SITE; (b) your use of the WEB SITE HOSTING SERVICE or the licensed Webkeon Technologies DESIGNED WEB SITE, or any other SERVICE; or (c) any use of your licensed Webkeon Technologies DESIGNED WEB SITE. The obligations in this Section will not be limited in any way by any other provisions of this Agreement, including the limitation of liability section set forth above.

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