| Kadzoom.com - Terms of Service
Kadzoom.com. Terms and Conditions Agreement
You must accept the terms of this Agreement in order to use any services on the Kadzoom.com system.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Kadzoom.com. reserves the right to change or modify any of the terms and conditions contained in the Agreement, any Addendum and any policy or guideline incorporated by reference 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. Any changes or modification will be effective upon posting of the revisions on the Kadzoom.com Web site (the "site"). Your continued use of the Services following Kadzoom.com posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1.TERM AND PAYMENT FOR SERVICES
This Agreement shall be for any 'Initial Term' as chosen by you in Order From located on this Site at the time you register for Services. This Agreement will be automatically renewed (the 'Renewal Term') at the end of the Initial Term for the same period as the Initial Term unless you provide Kadzoom.com with notice of termination thirty (30) days prior to the end of the Initial Term or the the Renewal Term
1.2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Kadzoom.com will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Kadzoom.com Hosting standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to Kadzoom.com in the matter described in Section 1.1. Kadzoom.com may terminate this Agreement at any time and for any reason. If Kadzoom.com terminates this Agreement, Kadzoom.com will refund you the pro-rated portion of any prepaid fees attributable to Services (excluding any setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced due to violations that result in damages or fees assigned to Kadzoom.com on your behalf, no refunds shall apply and you will be held liable for such fees.
1.3. Default and Cure
In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) business days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
You agree to pay for all charges attributable to your use of the Services at the the then current Kadzoom.com Hosting prices.
1.5. PaymentAll charges for Services must be paid in advance according to the current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit card or debit card. IF you choose to pay by credit card upon registering for the Services, you thereby authorize Kadzoom.comto charge your credit card or debit card to pay for any charges that may apply to your account. You must notify Kadzoom.com of any changes to your card account (including, without limitation, applicable account number or cancellation or expatriation of the account), you billing address, or any information that may prohibit Kadzoom.com from charging your account.Kadzoom.com may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Kadzoom.com the amount indicated in your billing agreement. If you fail to pay any fees by the applicable due date for credit card or invoice payments, late charges of $25.00 will will become payable by you to Kadzoom.com.(see late payment tires below) In addition, your failure to fully pay any fees within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Kadzoom.com may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Kadzoom.com may, delete any and all content form the Kadzoom.com Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest.
Be advised that we (Kadzoom.com) offers NO REFUNDS
for web hosting services and or marketing services. Please be sure you are ready to utilize these services before signing up or engaging our marketing team for our services or our web hosting services. Kadzoom.com offers a fully functional DEMO system that you're free to experiment with, you can find the DEMO in by clicking here
, or you may find the DEMO link under any of our web hosting packages.
Late Payment Tiers1.6. Charge backsA credit card charge back fee of $50 will be charged to any customer's account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a credit card was used to pay for more than one account and or service resuloting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer's account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in web hosting suspension and services offered suspension or account termination. If the account is terminated all information within the account will be deleted. 2. USE OF SERVICES2.1 Applicable Use PolicyKadzoom.com Acceptable Use Policy (the 'Usage Policy') govern the general policies and procedures for use of the Services. The Usage Policy is posted on Kadzoom.com Web site (or such other location as Kadzoom.com may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. By USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. Kadzoom.com RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.2.2. Material and Product RequirementsKadzoom.com offers all the tools necessary to build and maintain your own website. These programs are included in the Kadzoom.com control panel (ePanel 2.0). You must ensure that all material and data is placed in your own website. Even though, we have designed all these programs for you use, we have no control how they look in browser windows. It is up to you, to either (i) tweak the code to make it work or (ii) list a browser window that your website looks best in.
First Tier: $25.0
Second Tier: $50.00
Third Tier: $75.00
Fourth Tier: Account Termination
2.3. Bandwidth and Storage UsageYou agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a Kadzoom.com Server is not owned by Kadzoom.com; therefore Data preservation is the ultimate responsibility of you, the client. Kadzoom.com is no way responsible for the client's data and or the backup that data.
3. ABUSIVE CLIENTELEKadzoom.com Web Hosting may, at our discretion, suspend or terminate service of any client that is abusive to Kadzoom.com staff members. Examples of such activity include, but are not limited to:
4. ENFORCEMENT4.1. Investigation of ViolationsKadzoom.com may investigate any reported or suspected violation of this Agreement, its polices or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Kadzoom.com will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.4.2. ActionsKadzoom.com reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's right or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Kadzoom.com may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on the Kadzoom.com systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distrusted or made available for distribution via the Services, or other content not supplied by Kadzoom.com which, in Kadzoom.com sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Kadzoom.com to civil or criminal liability or public ridicule. It is Kadzoom.com policy to terminate repeat infringes. Kadzoom.com right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Kadzoom.com takes corrective action due to such possible violation, Kadzoom.com shall not be obligated to refund to you any fees paid in advance of such corrective action.4.3. Disclosure RightsTo comply with applicable laws and lawful governmental requests, to protect Kadzoom.com systems and customers, or to ensure the integrity and operation of Kadzoom.com business and systems. Kadzoom.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user account information (i.e..name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on the Kadzoom.com servers and systems. Kadzoom.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
- Verbal abuse, such as cursing, yelling, threatening staff members, etc.
- Ongoing disregard for warnings or notices
- Spamming Kadzoom.com staff member emails
- Consistent late payments or responses
- issuing charge-backs or bouncing a payment
5. INTELLECTUAL PROPERTY RIGHTS
All materials, including but not limited to any computer software (in object code and source code from), data or information developed or provided by Kadzoom.com or its suppliers or agent pursuant to this Agreement, and any know-how, methodologies, equipment, or process used by Kadzoom.com to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Kadzoom.com or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Kadzoom.com during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted into his Agreement. You may be held legally responsible for violation of any patent rights, copyrights or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
You will defend, indemnify and hold harmless Kadzoom.com and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an 'Indemnity') from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal and informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnity by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Kadzoom.com ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
7. NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by Kadzoom.com Anti-Spam Policy referenced in our email programs. You agree Kadzoom.com my immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Kadzoom.com liquidated damages in the amount of $2.50 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account.
8. DISPUTE OF SITE OR ACCOUNT OWNERSHIPThe entity or person creating the account and designated as the owner shall be deemed the account owner. For security reasons, only the account owner or Point of Contact designated by the account owner shall be allowed to make changes, cancellations, or designate a new Point of Contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account. Kadzoom.com is not obligated to and will not resolve any such disputes. If multiple persons are claiming ownership of or rights in a site, store or account, and, in Kadzoom.com sole judgement, there is no certainty as the ownership of or rights in said site or account, then Kadzoom.com will, to the extent of its knowledge and ability, notify said person of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Kadzoom.com of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Kadzoom.com, in its sole judgement, deems to be a reasonable time, then Kadzoom.com, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve said dispute and reach certainty regarding ownership of or rights in said site, store and/or account. 9. NO SOLICITATIONCustomer agrees Customer will NOT approach any employees of Kadzoom.com and its affiliates with proposals to hire them as its own employees or contractors. If you were to hire any of Kadzoom.com employees, you agree to pay Kadzoom.com for each employee hired the greater amount of three (3) years' salary for that employee as you are to pay such employee, or $65,000.00
10. Any Kadzoom.com user may terminate your right to access and use the eCommerce Hosting Service of Kadzoom .com by contacting us by phone at (530) 600-0564. For security reasons Kadzoom .com, does not allow account termination via emails. You must provide account ownership, account number (if issued one), user name, password, and the the last 4 numbers of your billing credit card.
10 (a). Full Service SEO Services (SEO Work, Social Media, Marketing) Kadzoom.com. offers these services as is. Kadzoom.com does require clients to send in a thirty day (30) day notice to cancel any SEO or Social Media, Marketing, Programs. Clients not sending in a thirty (30) day notice, will be billed for that month of work. Notices must be done as follows:
Email Cancellation Notice To: firstname.lastname@example.org There are no guarantees, promises, representations and/or assurances concerning the level of success you may experience or may not experience when it comes to SEO, Social Media Marketing, and or General Marketing. We suggest 3 months minimum to start seeing any results. The success of your business, as with any business, will be based on your individual capacity, business experience, expertise, and level of desire. Additional Marketing Terms can be found here! 10 (b) Video Work: Kadzoom.com (video production). Our video production services are non-refundable.
10 (c) Do Not Steal Other People’s Stuff! Many people just copy and paste content from other websites and or use photos and never get permission from the copyright owner. Be aware of Copyright laws. You can learn more about the U.S. Copyright laws by going to http://copyright.gov. If Kadzoom receives a complaint that Your content is stolen, Kadzoom may need to either remove your content and/or shut down your website. In some circumstances, Kadzoom will direct the complainers and their lawyers to contact You directly. Basically, avoid using other peoples stuff. If You want to use their stuff, ask them for permission first.
10 (b) Special Offers: At times we may offer special incentives for new and current customers. These specials may range is discounted website design, special priced marketing services, video production and web hosting. Web hosting specials that consist of buy a month - get a month, by a quarter-get a quarter, by a year-get a year, are non-refundable! We reserve the right to remove any website and cancel hosting for any terms of service violation!
If you have any questions or concerns regarding our terms of service you may contact Kadzoom at the following:
Phone: (530) 600-0564
U.S. Mail Service
PO BOX 16898
South Lake Tahoe, CA 96151
TOS Last Updated 07/11/2011
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