ZEEKEE, INC. TERMS OF SERVICE
1. Acceptance of Terms
Welcome to the Zeekee.com website ("Site"), which is owned and operated by Zeekee, Inc., an Alabama corporation ("Zeekee"). Zeekee provides services and products subject to the following Terms of Service ("TOS"), which are adopted by reference in the Zeekee Client Agreement. Your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Service, along with the following policies and agreements, which are incorporated herein by reference:
Copyright and IP Policy
2. Definition of Service
Zeekee provides clients with website design and hosting services, search engine optimization ("SEO") services, branding services and, at its discretion, may provide email services through a third party. You understand and agree that the Service may include certain communications from Zeekee, such as service announcements and administrative messages. These communications are considered part of the Zeekee agreement and you will not be able to opt out of receiving them – moreover, such communications, even if sent en masse, do not constitute spam but are rather communications between Zeekee and its client. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Zeekee assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any client communications, data, information or personalization settings. Zeekee also assumes no responsibility for any service or system outages, which may occur from time to time.
You understand that your and third parties’ ability to access your website or any aspect of the Service depends on factors over which Zeekee may have no control, including but not limited to internet browser compatibility. Zeekee makes no warranty that all components of your website or Service will be functional across all browsers or upon browser updates.
3. Payment for Services
In order for Zeekee, Inc. to sustain operations and to provide competitive pricing, clients are responsible for prompt payment of invoices. Account balances over 30-days past due are subject to a 1.5% per month late charge, or $10.00, whichever is greater. Zeekee, Inc. has the right to suspend service until payment is received. If further action is warranted, the client will be responsible for all collection costs, including but not limited to court costs, filing fees and reasonable attorneys fees.
The preferred method of payment is by credit card. Charges to customer credit cards are made on a secure server. The client may pay directly online, or contact the Accounting department to submit and authorize credit card payments, or establish a recurring charge for monthly payments.
4. Eligibility; Authority
In consideration of your use of the Service, you represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Zeekee Client Agreement and (b) maintain and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zeekee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zeekee has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service. If, after your agreement to these Terms of Service, Zeekee finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Zeekee shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, document or communication reasonably believed by Zeekee to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Zeekee reserves the right (but undertakes no duty) to require additional authentication from you.
6. Account, Password, and Security
Given the nature of your website, you may receive a password(s) and account designation upon Zeekee’s completion of the site design process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to a) immediately notify Zeekee of any unauthorized use of your password or account or any other breach of security and b) ensure that you exit from your account at the end of each session. You expressly agree that Zeekee shall not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Zeekee, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Zeekee does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Zeekee be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) manipulate identifiers (including but not limited to, forging headers, using false identities/logos in emails) in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or illegally obtain any personal, financial or confidential information;
h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
k) Stalk or otherwise harass another; and/or;
l) collect or store personal data about other clients in connection with the prohibited conduct and activities set forth in items "a" through "m" above.
You acknowledge that Zeekee may or may not pre-screen Content, but that Zeekee and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Zeekee and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that Zeekee may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Zeekee, its clients and the public.
8. Interstate Nature of Communications
You understand that when your website is built by Zeekee or you use any Zeekee services, you may be causing communications to be sent computer networks located in other states and/or abroad. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service may result in interstate data transmissions. Further, depending on the content of your site, this interstate nature may subject you to fall under the jurisdiction of another state/locale. However, in any and all disputes and/or claims involving you and Zeekee, the laws and jurisdiction of the State of Alabama apply.
9. Special Attention for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Moreover, if you are visiting this Site from a country other than the United States, your communications with us may result in the transfer of information (including but not limited to your personal and/or business information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
10. Ownership & Rights to Content
Zeekee does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Zeekee worldwide, royalty-free and non-exclusive license(s) to display the Content on your behalf and to include and disseminate said content in any marketing and/or promotional materials for Zeekee or any of its affiliates, in Zeekee’s sole discretion.
You agree to bear the responsibility of ensuring that all licensing requirements are fulfilled for Content as appropriate.
You agree to indemnify and hold Zeekee and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to court costs and reasonable attorneys' fees, made by any third party related to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, including without limitation any intellectual property created on your behalf by Zeekee.
13. General Practice Regarding Use & Storage
You acknowledge that Zeekee may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Zeekee's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Zeekee has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You understand that your failure to pay any invoices and/or failure to comply with the terms of your client agreement or any Zeekee policies constitutes grounds for Zeekee to discontinue your use of the service and delete any and all content from the service. You further agree to indemnify and hold Zeekee harmless from any claim or demand, including but not limited to court costs and reasonable attorney fees, made by any third party related to or arising from the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Zeekee reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Zeekee reserves the right to modify these general practices and limits from time to time.
14. Modification of Service
Zeekee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zeekee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Zeekee may, under certain circumstances and without prior notice, immediately terminate your Zeekee account, any associated email address, and access to the Service. Cause for such termination may include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Zeekee account includes removal of access to all offerings within the Service. Further, you agree that all terminations for cause shall be made in Zeekee's sole discretion and that Zeekee shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
16. Zeekee, Inc.’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Zeekee, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. Limitations of Liability
You expressly understand that service outages may occur and and agree that Zeekee and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zeekee has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service.
18. No Third-Party Beneficiaries & Assignments
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. This contract cannot be assigned to a third-party.
Zeekee may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
20. Trademark Information
The trademarks and service marks and other Zeekee logos and product and service names are trademarks of Zeekee Inc. Without Zeekee's prior permission, you agree not to display or use in any manner the Zeekee Marks.
21. Copyright & Intellectual Property
Zeekee respects the intellectual property of others. Our Copyright & Intellectual Property Policy is posted on the home page at www.zeekeeinteractive.com and is incorporated in the Client Agreement.
22. Email Service
Zeekee may, at its own discretion, provide basic email service through a third party. Any such email service is provided by Zeekee only as a client courtesy. Zeekee expressly disclaims any warranty over the safety, availability or quality of the third party email service. Zeekee further recommends Client utilize their own email service, including but not limited to Teklinks, Outlook, Mac Mail, etc. Client expressly understands that Zeekee is not liable for any email outages, deletion of email content, spam or potential computer viruses resulting from the use of the Zeekee email service. Moreover, Client expressly indemnifies and holds Zeekee harmless from any and all claims and damages (whether from Client or any third party), including but not limited to court costs and reasonable attorney fees, arising from or related to any email outages, deletion of email content, spam or other potential computer viruses resulting from the use of the Zeekee email service. Client also expressly understands that Zeekee is under no duty to restore any lost/damaged/deleted emails and/or data from Client’s account using the Zeekee email service.
23. General Information
Entire Agreement. Your Client Agreement, which includes the TOS and Copyright and Intellectual Property Policy, constitutes the entire agreement between you and Zeekee and governs your use of the Service, superseding any prior agreements between you and Zeekee with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Zeekee services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Zeekee shall be governed by the laws of the State of Alabama. You and Zeekee agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jefferson, State of Alabama.
Waiver and Severability of Terms. The failure of Zeekee to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose, regardless of when you discovered such claim, or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Services may be terminated by Client by providing Zeekee with a thirty (30) days’ notice of cancellation. Client must submit notice of termination by completing the cancellation form located at http://www.zeekeeinteractive.com/cancel. Any termination submitted through Zeekee’s cancellation form is subject to the terms provided at http://www.zeekeeinteractive.com/cancel. Any notice of termination not received in the manner will not be accepted under any circumstances. Should the Client terminate services, Client shall be immediately responsible for all outstanding invoices including any additional hosting costs for the duration of the cancellation period. Once the account is settled in full, client can request a copy of all site files and resource files used in the care of their account.
Please report any violations of the TOS to firstname.lastname@example.org.
Copyright © 2014 Zeekee, Inc. All rights reserved. Zeekee Terms of Service; Version 2/8/14.