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Privacy Policy and Service Agreement Information KEK Technology Inc.'s full member agreement: Member Agreement Welcome to KEK Technology Inc. This Member Agreement (the "Agreement") explains the terms and conditions governing your use of KEK Technology Inc. Service, technology, and any other content available on the KEK Technology Inc. Service. This document is a little long, but this is serious business. Please read the whole thing. By checking the box and clicking the "I have read and agree to the Member Agreement" button on the registration page, you accept these terms and onditions and acknowledge that the KEK Technology Inc. Service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By registering as a Member of KEK Technology Inc., you agree to use the KEK Technology Inc. Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below. 1. Services- (a) Generally. Membership to the KEK Technology Inc. Service provides registered members (each a "Member") with the package of content, tools, and services described below ("KEK Technology Inc. Service(s)"). Among other things, Members may use the technology available throughout the KEK Technology Inc. Service ("Technology") to build their e-business presence (each a "Member Site"). In this way, each Member will be a part of the KEK Technology Inc. network of e-business sites (collectively the "KEK Technology Inc. Network"). You understand and agree that KEK Technology Inc. may, at its discretion, add or delete any features included as a part of KEK Technology Inc. Service or Technology at any time.
2. Restrictions and Description of Prohibited Acts- (a) You may not use the KEK Technology Inc. Service, the selection of a web address of your Member Site, the Technology, or the Member Site to, including, but not limited to: (i)Display material containing pornographic material of any kind; (ii) Provide material that is grossly offensive to the KEK Technology Inc. Network online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; (iii) Sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) Introduce viruses, worms,harmful code and/or Trojan horses on the Internet; (v) Display material that exploits, or otherwise exploit children under 18 years of age; (vi) Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party; (vii) Promote,solicit or participate in pyramid schemes; (viii) Post any content that holds KEK Technology Inc. up to public scorn or ridicule; (ix) Engage in any libelous, defamatory,scandalous, threatening, harassing activity; (x) Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents consent in case of a minor); and/or (xi) Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction,information or assistance in causing or carrying out such violence. (b) You agree that without the express consent of KEK Technology Inc. (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or content (or services related to the same) on the Member Site you create: pharmaceutical or any other controlled substances,illegal drugs; illegal drug contraband; alcohol; fire arms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus. (c) You also agree that you will never promote or provide instructional information about: illegal activities, activities which can lead to physical harm (d) Unless KEK Technology Inc. offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: Gambling;Sweepstakes; Raffles; Lotteries; Contests, pyramid or Ponzi schemes; and/or unsolicited commercial e-mail (spam). (e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passwording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the KEK Technology Inc. Service or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.
KEK Technology Inc. may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and KEK Technology Inc. may, in its discretion, supplement such notice by sending you an e-mail or by putting a pop-up notice on your screen when you access the KEK Technology Inc. Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 8. Your use of the KEK Technology Inc. Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the KEK Technology Inc. Service and its fee schedule. 4. Advertising- KEK Technology Inc. relies on the ongoing support of its sponsors and advertisers to help fund the free services it offers its Members and visitors. Accordingly, KEK Technology Inc. reserves the right to serve ads as it deems appropriate on and along side the KEK Technology Inc. Service 5. Information About You and Your Business- (a) KEK Technology Inc. is committed to protecting your privacy. KEK Technology Inc. will never willfully sell for consideration personally identifiable information about you or your business to any third party other than as specified in section 6(c) without first receiving your permission and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy available at http://www.siftthru.net/privacypolicy.html (b) In order to protect you, KEK Technology Inc. uses state of the art technology to protect your data from unauthorized third parties. Currently KEK Technology Inc. uses Secure Socket Layer Software (SSL) to protect your data and secure your transactions. SSL encrypts all your personal information, including your credit card number, name, and address as it is transmitted over the Internet. (c) IMPORTANT!!! Notwithstanding the forgoing, by clicking the "Yes, I have read and agree to the terms and conditions" button below, you hereby expressly agree that KEK Technology Inc. may distribute Member product and service information and personally identifiable information publicly available on the Member Site to our search engine and various other comparative shopping and search services partners, and create a database of publicly available information about you or your business to our partners with the express purpose of driving internet user traffic to Member Sites, provided that such information is useful to the end users of the Member Sites. Public information means information available to the public on your Member Site, and may include the following: information about the products or services you offer through your Member Site, your operating hours, your business address, your URL, your business contact information, and other similar information. In no event, however, will KEK Technology Inc.disclose certain information such as your credit card number or bank account number. 6. KEK Technology Inc. rights- (a) Member Site Content Changes- (b) Communications. You will receive a confirmation email from us at the time of registration. Once registered, you can the set your email subscription preferences by clicking the "Your account" link in the upper right corner of the Service, then choosing the "Subscribe or unsubscribe" link. If you choose to receive Member communications, you may choose to change your email preferences at any time, by using the "Your account" link located on every page of the Service, and then clicking the "Subscribe or unsubscribe" link. KEK Technology Inc. reserves the right to communicate with all Members regardless of their email subscriptions in the event that important messages need to be communicated to Members, including but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Member Agreement. 7. Term/Termination (a) Term. This agreement shall be effective upon when you choose the "Yes, I have read and agree to the Member Agreement" button and shall continue unless and until terminated under this Section 8. b) Termination by KEK Technology Inc. (i) KEK Technology Inc. may at any time without notice to you discontinue any or all aspects of the KEK Technology Inc. Service or restrict your use of the KEK Technology Inc. Service in whole or in part for any breach of this Agreement by you; or if KEK Technology Inc. determines in its sole and exclusive judgment that terminating your use of the KEK Technology Inc. Service is necessary for security reasons or for proper continued operation of the KEK Technology Inc. Service; or your use of KEK Technology Inc. Service or Technology is not for legitimate business purposes, or your use of the KEK Technology Inc. Service violates any laws or regulation; or if KEK Technology Inc. receives information that the KEK Technology Inc. Service or your use of the KEK Technology Inc. Service (or any part thereof) may violate any third party right. (ii) KEK Technology Inc. may at any time with thirty (30) days notice to you, modify or discontinue any or all aspects of the KEK Technology Inc. Service or restrict your use of the KEK Technology Inc. Service in whole or in part for KEK Technology Inc.'s convenience. |
(iii) KEK Technology Inc. may at any time with ten (10) days notice to you, modify or discontinue any or all aspects of the KEK Technology Inc. Service if the credit card number you provide KEK Technology Inc. expires, or if KEK Technology Inc. is unable to charge valid charges to that credit card number, or you otherwise fail to make payments due to KEK Technology Inc. hereunder. (iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If KEK Technology Inc. terminates this Agreement or suspends your access to the KEK Technology Inc. Service, you will remain liable for the full monthly charge for the month during which we terminate or suspend your KEK Technology Inc. Service. Following such termination or suspension, you agree not to re-register for, or otherwise access, the KEK Technology Inc. Services without KEK Technology Inc.'s prior written approval. KEK Technology Inc. reserves the right to delete any data files associated with your use of the KEK Technology Inc. Service upon termination of this Agreement. c) Termination by You. You may terminate this Agreement provided a 60 days notice is sent to us prior to your cancellation. You will remain liable for the full monthly charge for the month during which you terminated this Agreement and for all usage based fees through the effective date for termination of this Agreement. 8. Indemnification- You agree to indemnify KEK Technology Inc. and hold KEK Technology Inc. harmless against any and all liabilities, cost and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the KEK Technology Inc. Service in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property or other right or patent by any material you post or use on your Member Site; (iii) any breach by you of this agreement; and/or (iv) any indecent obscene, or libelous material posted on your Member Site. 9. Reporting Violations- KEK Technology Inc. does not actively monitor the content of Member Sites, but will investigate complaints of a violation of a third party rights. Violations or infringement of a third party copyright , other intellectual property right or other right will be dealt with in accordance with the KEK Technology Inc. 10. Proprietary Rights As between the parties- KEK Technology Inc. acknowledges that it claims no proprietary rights in Member's content or any intellectual property right contained therein. Your content can include but is not limited to text, software, music, sound, photographs, video and graphics supplied by you to KEK Technology Inc. for use on your Member Site. As between the parties, you acknowledge and agree that KEK Technology Inc. and its licensors own all right, title, and interest in: (a) the KEK Technology Inc. Service; (b) the Technology available on the KEK Technology Inc. Service; (c) and, except for content supplied by you for use on your Member Site, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained or maintained on the KEK Technology Inc. Service (collectively "Content"). In addition, you agree that the Content and Technology available on the KEK Technology Inc. Service is protected by US and international copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content and Technology as expressly authorized by KEK Technology Inc. or its Licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Content available on the KEK Technology Inc. Service is the exclusive property of KEK Technology Inc. and its licensors and protected by US and international copyright laws. You agree that, except as expressly authorized by KEK Technology Inc., all the Content and Technology available on the KEK Technology Inc. Service may only be used by you for your internal business and data gathering purposes. You may make copies of selected portions of the Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Content, otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Content or Technology without expressly being authorized to do so by KEK Technology Inc.. 11. Trademarks and Servicemarks KEK Technology Inc. Where ebusiness is everybody's business (SM) and other pending and/or registered trademarks and servicemarks, and other graphics, logos and service names used by KEK Technology Inc. on the KEK Technology Inc. Service to identify the products or services of KEK Technology Inc. (collectively the "KEK Technology Inc. Trademarks") are the trademarks of KEK Technology Inc.. You agree not to use the KEK Technology Inc. Trademarks in connection with your products or services or any third party products or services or in any manner that disparages or discredits KEK Technology Inc.. All other brands and names (including third party product names) used on the KEK Technology Inc. Service are the property of their respective owners. 12. Limitation on Liability (a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL KEK TECHNOLOGY INC., MEMBER NETWORK, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING KEK TECHNOLOGY INC. SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE KEK TECHNOLOGY INC. SERVICE ("KEK TECHNOLOGY INC. AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE KEK TECHNOLOGY INC. SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF KEK TECHNOLOGY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) THE AGGREGATE LIABILITY OF KEK TECHNOLOGY INC. AND THE KEK TECHNOLOGY INC. AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO KEK TECHNOLOGY INC. DURING THE TERM OF THIS AGREEMENT FOR ANY KEK TECHNOLOGY INC. SERVICE OR TECHNOLOGY. (c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(a) KEK Technology Inc. warrants that, if a member is dissatisfied in any way with the KEK Technology Inc. Service, Technology or Content provided on or through the KEK Technology Inc. Service, upon notice from you we will terminate the agreement, and upon your request, refund any unused portion of any fees you have paid for any current month or future services, when applicable, less any balances otherwise due to KEK Technology Inc.. This is your sole and exclusive remedy for any breach of the above warranty. (B) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE OF KEK TECHNOLOGY INC. AND KEK TECHNOLOGY INC. DOES NOT REVIEW, VERIFY, ENDORSE OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER SITES. KEK TECHNOLOGY INC. IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER SITES AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES,FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET OR OTHER LAWS, WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER. 14. Miscellaneous- (a) This Agreement shall be governed by and construed in accordance with US federal and California laws, excluding its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the Federal and State courts of the state of California which are located in San Francisco, California. If local laws prohibit your participation in any part of the KEK Technology Inc. Service, or use of them, then you are KEK Technology Inc. has implemented its Privacy Policy in order to protect the privacy of your information. The company will never willfully sell, trade, rent, or otherwise transmit any personally identifiable information about you to any third party without first receiving your permission. KEK TECHNOLOGY INC. WILL NOT BE HELD LIABLE FOR ANY LOSS, DAMAGE, OR OTHER CLAIM ARISING AS A RESULT OF YOUR USE OF THIS SITE. KEK Technology Inc. is not responsible for the delivery or quality of any goods or services sold or advertised through this site. ALL KEK TECHNOLOGY INC. SERVICES, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH OTHER PARTNERS ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER KEK TECHNOLOGY INC. NOR KEK TECHNOLOGY INC.'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE KEK TECHNOLOGY INC. SERVICES, CONTENT, TECHNOLOGY, OR PRODUCTS THAT KEK TECHNOLOGY INC. OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDE, AND KEK TECHNOLOGY INC. AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE KEK TECHNOLOGY INC. SERVICE OR TECHNOLOGY IS ERROR-FREE. KEK TECHNOLOGY INC. AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S). The opinions and views expressed on some sites do not necessarily reflect those of KEK Technology Inc., does not review, verify, endorse, or otherwise vouch for the content of those sites, nor is KEK TECHNOLOGY INC. responsible for the content of those site. If you are an owner of a copyright that you think may be infringed on this site, please send an email to pubmail@siftthru.net. |
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