Terms of Services - WALKINWEB INC

Payments:
Full payment is due at the time of order by credit card (Paypal or check payments are available please contact our office).

Taxes
US purchases are tax exempt. Canadian purchases are subject to GST or HST.

Refunds:
Refund requests are considered only if directly related to a below condition. Please read carefully.

Web Hosting

If web site is not developed and/or maintained by WALKINWEB INC, Customer will provide WALKINWEB INC with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of WALKINWEB INC. WALKINWEB INC shall make no effort to validate this information for content, correctness or usability.

The customer agrees to make use of WALKINWEB INC servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. WALKINWEB INC servers are not intended as a data backup or archiving service. WALKINWEB INC reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $5 per additional 10GB.

Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any WALKINWEB INC server. If your processes are adversely affecting server performance disproportionately WALKINWEB INC reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.

Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.

Rights of Refusal
We do not accept pornography or hates sites! Any sites containing and or linking to pornogrpahy and/or hates sites of any kind are subject to immediate deletion (including content) without refund.

Spam
Unsolicited Commercial Email (UCE): WALKINWEB INC takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of WALKINWEB INC may not use or permit others to use our network to transact in UCE. Customers of WALKINWEB INC may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers.

Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use WALKINWEB INC's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at WALKINWEB INC. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

Email
WALKINWEB INC shall not be liable when subscribers receive harassment in all forums thru the Internet, such as unsolicited/bulk mail, including 'Junk Mail' or other advertising materials to individuals who did not specifically request such material or so called 'e-mail Spam' Malicious emails, chain letters, fraud bank, or pyramid schemes whether the recipient requested it or not and other events arising from the said materials are not the responsibility of WALKINWEB INC.

Customer Responsibilities
Contact Information. It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.

Backups.
The customer is responsible for maintaining a backup copy of customer's files elsewhere to ensure recovery in the event of loss or damage to customer's files. At customer request WALKINWEB INC may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of WALKINWEB INC, WALKINWEB INC will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer's negligence of securing their account, WALKINWEB INC will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we may not be able to reproduce a backup after multiple system failures. Please store a copy of your critical data on a local computer.

Security
The customer will be solely responsible for the web mail access and email accounts issued by WALKINWEB INCs. The customer should take all measures as may be necessary to protect the secrecy of the USER ID and/or password and shall not reveal the same to any person(s).

Termination
Monthly hosting may be suspended and/or terminated by WALKINWEB INC at anytime if the Customer fails to comply with the terms of this contract, including non-payment, spam and/or server abuse. WALKINWEB INC reserves the right to charge a reinstatement fee.

Cancellation
Where applicable (minimum term programs must fulfill their contractual obligation before the following takes effect). Otherwise you may cancel anytime by loging into your 'Client Area' and request cancellation:

  • Client Area > My Products & Services > Product Details-> At the bottom (Request Cancellation)
  • In your 'Client Area generate a 'Ticket' requesting cancellation.
  • By email. Note: For your security only the 'Client Area' registration email address will be accepted for cancellation.

  • Web Design

    Walkinweb Inc agrees to deliver projects in a timely manner. However, delays in project completion may occur when:
    If a project stalls or a client becomes unresponsive for more than 6 weeks, the project will become "inactive" and a re-engagement fee of 15% of the total project cost will be assessed upon re-initiating the project. If there is no meaningful activity for 6 months the project may be terminated without refund.

    Copy Content
    Unless otherwise specified client is to provided all text verbiage related to history,service and or product of the website project.

    Copyrights and trademarks
    The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to WalkinWeb, Inc for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend WalkinWeb, Inc and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

    Web design project copyright
    Copyright to the finished web design site produced by WalkinWeb, Inc will be owned by the Client. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement have been paid. Rights to photos, graphics, source code, work-up files, and computer programs remain the property of their respective owners.


    OnTarget Programs - OnTarget Local, OnTarget Local+, OnTarget Local National

    Our guarantee is subject to the following conditions:
    Your website must 'not' be a mass generated adult oriented sex site, a casino/gambling site, a dating site, a mass generated MLM get rich quick site, an online pharmacy, a generic web hosting site, a generic directory, a generic financial affiliate and/or lead generation site, a so called 'information' site (sites promoting ad sense, booklets, mortgages/reverse, getting out of debt, mortgages/home equity, loans, investments , credit cards), a website primarily selling Viagra or a website selling products/machines claiming the ability to make private body parts grow and/or a generic e-commerce 'dropshipper' site (that is, you don't own your inventory).

    Please Note: Some ecommerce 'dropshipper', directories, adult, casino/gambling, web hosting, financial and or MLM get rich quick sites do qualify. If you are unsure as to whether or not your web site qualifies for our guarantee please contact our office.

    Furthermore our Guaranteed program is categorized into sections. Your website must fall within such said category to qualify.

    Your website qualifies for our OnTarget Local program if it is:
    An ethnic restaurants,
    Bakeries, pastry or cakes shops,
    Kitchen counter manufacturers,
    Landscaping or Gardening services,
    Gutter installation services,
    Many more...
    If your business type is not listed, contact our office for verification

    Your website qualifies for our OnTarget Local+ program if it is:
    Generic restaurants,
    Taxi service or limo services,
    General contractors,
    House painters,
    Many more...
    If your business type is not listed, contact our office for verification

    Your website qualifies for our OnTarget National program if it is:
    National manufacturers,
    Owned product e-commerce,
    Niche audience service/product,
    Many more...
    If your business type is not listed, contact our office for verification

    Please contact our office with your URL and with 'First Page Ranking Guarantee Qualification?' in the email subject to:

    Refunds:
    No refunds will be made on 'SEO (First Page Ranking)' assignments before 240 days. Indexing and ranking in search engines is subject to server uptime, server settings, DNS settings, website coding and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking.

    Performance refunds are subject to the below conditions only.

    Major Search Engines:
    We guarantee your website(domain) will be found in the first page of top search engines like Google, Bing or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords related to your web site content, service(s) or product(s)! Your website will be found in the first page of at least one of the above major search engines.

    Major Secondary Search Engines:
    Furthermore we guarantee your website(domain) will be found in the first 10 listings of secondary major search engines like About, Alexa, AllTheWeb, Alta Vista, AOL, Ask (AskJeeves), Digg, DMOZ, Cuil, Digg, Excite, Lycos and/or HotBot using single or multiple keywords related to your web site content, service(s) or product(s)! Your website will be found on the first page in at least three of the above secondary search engines.

    Definition of: Single or multiple keywords related to your web site content, service(s) or product(s).
    Konae Technologies, Inc, will work with all keywords and/or keyword phrases provided by clients and make every effort possible to bring said keyword and/or keywords phrases to the top of major search engines like Google, Yahoo and/or Bing. However, the client must clearly understand that 'organic SEO' programs cannot guarantee 'specific' keywords and/or keyword phrases in specific search engines. Instead our guarantee covers keyword and/or keyword phrase rankings related to a clients's website product and/or services.

    Here is an example for a fictitious 'dog grooming store in North Vancouver BC' whose company name is Dog Love Suds Inc, and whose domain name is dogslovesuds.com.

    A typical scenario of keyword phrases in the first page of major search engines would include any of the following:
    dog groomers
    dog groomers Vancouver
    dog grooming North Vancouver
    dog shampoo Vancouver BC
    dog grooming supplies Vancouver BC
    dog grooming clippers North Van

    First page ranking on the company name ie: 'Dogs Love Suds Inc', the domain dogslovesuds.com or results returning from a PPC campaign (Adwords, Sponsored Listings) do not constitute a successful first page ranking return .

    Google, Yahoo, Bing Local (maps)
    Positioning (ranking) cannot be guaranteed in Google Local (maps), Yahoo local (maps)or Bing Local (maps).

    Ownership. All SEO work prepared by WALKINWEB INC for your website is yours to keep permanently. You will have complete ownership of all optimized content and all generated pages (if applicable). Detailed explanation of work performed along with associated files is forwarded on completion of assignment for your records.


    Over-writing and re-installs:
    It is the client's responsibility to insure optimized and/or installed content remains intact. If updating/editing the website from copies on your PC, you will need to download and use optimized files prepared for your assignment. Publishing changes without updating your local files will erase optimized content. Re-installation charges may apply if we are required to re-install over-written optimized content.

    Under no circumstances, including negligence, shall WALKINWEB INC, its offices, agents or any one else involved in creating, producing or distributing WALKINWEB INC's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WALKINWEB INC Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WALKINWEB INC's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on WALKINWEB INC's service.

    Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

    Limited Liability Customer expressly agrees that use of WALKINWEB INC's Server is at Customer's sole risk. Neither WALKINWEB INC, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that WALKINWEB INC's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WALKINWEB INC Server service, unless otherwise expressly stated in this contract.

    Under no circumstances, including negligence, shall WALKINWEB INC, its offices, agents or any one else involved in creating, producing or distributing WALKINWEB INC's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the WALKINWEB INC Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WALKINWEB INC's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on WALKINWEB INC's service.

    Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

    Lawful Purpose
    Customer may only use WALKINWEB INC's servers for lawful purpose. Transmission of any material in violation of Canadian and United States laws is prohibited. To this effect, child pornography, hate sites, warez is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on WALKINWEB INC's Server.

    Indemnification
    Customer agrees that it shall defend, indemnify, save and hold WALKINWEB INC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against WALKINWEB INC, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WALKINWEB INC against Liabilities arising out of:
    Any injury to person or property caused by any products sold or otherwise distributed in connection with WALKINWEB INC's Servers; Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;

    Contract
    These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions are agreed to by the both parties upon renewal of services.

    Should you have any questions or concerns about these terms of service, please send us an email at:

    Thank you for doing business with us! We really appreciate it.

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