Terms & Conditions

This agreement represents the complete agreement and understanding between Keyseeker Designs, and the customer (hereinafter called CUSTOMER) and supercedes any other written or oral agreement. Upon notice published on-line via KEYSEEKER DESIGNS, KEYSEEKER DESIGNS may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Provision of services

1. Service means ANY act of serving the CUSTOMER, being provided by KEYSEEKER DESIGNS, regardless of its duration and whether it is a paid service or a service for free.
2. Without limiting the scope of item 1.a. above, KEYSEEKER DESIGNS will provide services on its host computing systems to individual CUSTOMERS in exchange for payment of fees and compliance with the terms and conditions of this document.
3. KEYSEEKER DESIGNS Services are defined as the use by the CUSTOMER of computing, telecommunications, software, and information services provided by KEYSEEKER DESIGNS. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet.
4. KEYSEEKER DESIGNS's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar ("registrar"). KEYSEEKER DESIGNS DOES NOT AND CAN NOT GUARANTEE THAT A PARTICULAR APPLICATION FOR A DOMAIN NAME WILL BE ACCEPTED OR APPROVED. Please note each individual domain name constitutes a single submission. KEYSEEKER DESIGNS will submit the application to the appropriate registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information must be made directly to KEYSEEKER DESIGNS. KEYSEEKER DESIGNS or representative will register the new information with the appropriate registrar.  
5. For existing customers only, KEYSEEKER DESIGNS may, with 30 days notice, amend the fees and/or charges for any future server usage and services.
6. Be advised that upon registering a domain name with Go Daddy Software, Inc. you will be subject to the Terms and Conditions of Go Daddy Software, Inc. or other registries as applicable.
7. KEYSEEKER DESIGNS reserves the right to conduct an emergency maintenance window at any time. During such time all KEYSEEKER DESIGNS services may be unavailable.

2. Use of Material

1. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using KEYSEEKER DESIGNS services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The CUSTOMER assumes all risks regarding the determination of whether the material is in the public domain.
2. As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using KEYSEEKER DESIGNS services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material or notices and author attribution notices may not be changed.

3. Use of Services

1. The CUSTOMER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for changing its password as required to assure secure access to its account. The CUSTOMER is solely responsible for the security of it’s password.
2. The CUSTOMER agrees to use the services provided by KEYSEEKER DESIGNS as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any KEYSEEKER DESIGNS policy.
3. KEYSEEKER DESIGNS reserves the right to refuse service to any new or existing customer and refund the remaining balance on the account, if any.
4. The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at KEYSEEKER DESIGNS. The ACCOUNT HOLDER represents and warrants to KEYSEEKER DESIGNS that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not:
1. violate or potentially violate any criminal laws or any rights of any third party, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. The CUSTOMER agrees to indemnify and to hold KEYSEEKER DESIGNS, and any third party entity related to KEYSEEKER DESIGNS, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
• the CUSTOMER's breach of any of the forgoing representations and warranties, or
• any other third party claim with respect thereto.

5. The CUSTOMER understands and agrees that hosting of the CUSTOMER's web site is at the sole discretion of KEYSEEKER DESIGNS. KEYSEEKER DESIGNS may at its sole discretion discontinue web site hosting service to any CUSTOMER operating a web site that KEYSEEKER DESIGNS deems to be in violation of Section (3d.) of these Terms and Conditions.
6. KEYSEEKER DESIGNS accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with KEYSEEKER DESIGNS.
7. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
8. CUSTOMER will endeavor to prevent viruses from corrupting KEYSEEKER DESIGNS systems. KEYSEEKER DESIGNS may run anti-virus programs to minimize damages.
9. CUSTOMER acknowledges that any recommendation by KEYSEEKER DESIGNS employees for services or products ancillary to KEYSEEKER DESIGNS's services are the recommendations of that employee and not of KEYSEEKER DESIGNS. KEYSEEKER DESIGNS does not warrant the integrity or quality of the services or products provided by such third parties.
10. In the case of domain name registration the CUSTOMER warrants by submitting an application for domain name registration that, to the best of the CUSTOMER's knowledge and belief, the information submitted therein is true and correct, and that any future changes to this information will be provided to KEYSEEKER DESIGNS who then forward the changes to the appropriate registrar in a timely manner.
11. In the case of domain name registration, the CUSTOMER agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.

4. Indemnification

The CUSTOMER agrees to protect, defend, hold harmless and to indemnify KEYSEEKER DESIGNS, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, from any claims, including attorney's fees, resulting from the CUSTOMER's use of KEYSEEKER DESIGNS's services.

5. LIMITED LIABILITY

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL KEYSEEKER DESIGNS BE LIABLE TO THE CUSTOMER FOR THE LOSS OF THE CUSTOMER'S DOMAIN NAME OR ANY BUSINESS LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF KEYSEEKER DESIGNS'S SERVICES, EVEN IF KEYSEEKER DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KEYSEEKER DESIGNS'S LIABILITY EXCEED THE INITIAL FEE OR THE MONTHLY FEE PAID BY THE CUSTOMER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF KEYSEEKER DESIGNS'S SERVICES.
2. The CUSTOMER acknowledges that KEYSEEKER DESIGNS makes an honest effort to keep the information available on KEYSEEKER DESIGNS's systems accurate. However, KEYSEEKER DESIGNS can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through KEYSEEKER DESIGNS is at the risk of the CUSTOMER.
3. The CUSTOMER acknowledges that the information available through the interconnecting networks may not be accurate. KEYSEEKER DESIGNS has no ability or authority over the material. KEYSEEKER DESIGNS can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through KEYSEEKER DESIGNS services is at the risk of the CUSTOMER.
4. The CUSTOMER understands, agrees and acknowledges that KEYSEEKER DESIGNS makes an honest effort to provide the CUSTOMER with Technologies, Developments and Innovations, part of which are being licensed or co-branded from or by third-party entities. However, KEYSEEKER DESIGNS can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity of the application(s), data and/or information involved in such items. Moreover, KEYSEEKER DESIGNS specifically disclaims all warranties of merchantability and fitness of such items. The use of these application(s), data and/or information obtained from or through KEYSEEKER DESIGNS, or any other referred third-party, directly or indirectly, is at the risk of the CUSTOMER.
5. The CUSTOMER acknowledges that any mention of non-Keyseeker Designs products or services by Keyseeker Designs is for information purposes only, and does NOT constitute either an endorsement or a recommendation by Keyseeker Designs. Keyseeker Designs disclaims all liability for any representations or warranties made by the vendors of such non-Keyseeker Designs products or services.

6. Payment of fees for domain registration

1. ".com", ".net", ".org", ".info", ".biz" domain names and any new domain name extension created. Keyseeker Designs Communications Inc. has signed an agreement with Go Daddy Software, Inc. to collect the currently advertised domain name registration fee (the "Internic Fee") on behalf of Go Daddy Software, Inc. This covers the registration for the years the Customer has ordered. You will not not be billed by another party (Internic) for your domain name registration.
2. Other country domains. The CUSTOMER agrees to pay the appropriate country domain name submission fee as displayed on the Keyseeker Designs order form. The non-refundable fee covers the cost of submitting a domain name to the appropriate registrar. Please note that each registrar has its own terms and conditions for accepting/approving a domain name registration. KEYSEEKER DESIGNS's fee is non-refundable even if the domain name is rejected (because the fee is for the service of submitting the application). Each registrar might have an additional domain registration fee.

7. Payment of fees and penalties

1. The KEYSEEKER DESIGNS accounting cycle begins on the first of each month. Charges for new accounts are pro-rated. Charges for terminating accounts are not pro-rated.
2. Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earlier of the day we receive the electronic order form, hand written order form, e-mail order form or faxed order form.
3. The CUSTOMER acknowledges that he/she is responsible for initiating payment in order to renew his/her service once the original service period has ended.
4. Payment is due at the beginning of each accounting cycle.
5. Delinquent accounts are those that remain unpaid for 5 days after the commencement of an accounting cycle.
6. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. KEYSEEKER DESIGNS accounts continue to accrue charges while they are on hold.
7. There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
8. The CUSTOMER acknowledges responsibility for the account until payment is made in full.
9. There is a US $25.00 service charge for each check that is not honored.
10. Trades, Charity and Promotional accounts are NOT qualified for our special discount, if any,  on advance payment.
11. The CUSTOMER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the CUSTOMER's responsibility to monitor the amount of bandwidth of his/her account on a daily basis. KEYSEEKER DESIGNS has no obligation to warn the CUSTOMER regarding the excessive bandwidth usage.
12. The CUSTOMER is responsible for ensuring that payment to KEYSEEKER DESIGNS is made by Visa, MasterCard, taken over the telephone or processed through our website, or cheque or money order that is sent to the address as it appears on the KEYSEEKER DESIGNS website.

8. "NOT-TO-RENEW" Requests

1. This agreement will commence upon the CUSTOMER's acceptance of it and continue on a month-to-month basis.
2. For CUSTOMERS that pay on a MONTHLY basis ONLY, "NOT-TO-RENEW" requests for Keyseeker Designs accounts must be given via telephone call to Keyseeker Designs's main office (telephone number available on the contact section of Keyseeker Designs's website). Such requests must be received by 5PM (EST) on the last day of each month, in order to be processed by the end of the same month.
3. For CUSTOMERS that pay on a NON-MONTHLY basis (3, 6, or 12 months) ONLY, "NOT-TO-RENEW" requests for KEYSEEKER DESIGNS accounts must be given via telephone call to KEYSEEKER DESIGNS's main office. Such requests must be received by 5PM (PST) 15 DAYS before the account's anniversary date in order to be processed before the anniversary date. This will prevent an automatic renewal and charge.
4. All KEYSEEKER DESIGNS accounts must be paid in full before the transaction will be considered complete.
5. KEYSEEKER DESIGNS will provide a 30-day money back guarantee. The 30 days start from the earlier of the day we receive the electronic order form Visa, MasterCard, taken over the telephone or processed through our website, or the day the CUSTOMER signs up via fax. In any case, the set-up fee, extra bandwidth and extra storage space charges are not refundable. Cancellations will NOT generate ANY refund.

9. Abuse of Services

1. Any use of KEYSEEKER DESIGNS's system resources that disrupts the normal use of the system for other KEYSEEKER DESIGNS customers is considered to be an abuse of the system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass e-mailing using internal or external mail and/or news servers. Without limiting the scope of the above, KEYSEEKER DESIGNS forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
2. Depending on the nature and the severity of the abuse, the user may receive an e-mail warning or have his/her account suspended by KEYSEEKER DESIGNS Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with KEYSEEKER DESIGNS Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to CUSTOMER.
3. Unethical and criminal offenses are violations of KEYSEEKER DESIGNS terms and conditions of use. You are expected to report to KEYSEEKER DESIGNS any information you may have concerning instances in which the terms and conditions of use have been or are being violated. When KEYSEEKER DESIGNS becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, KEYSEEKER DESIGNS may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager following payment of a re connection charge $50US.

10. IP Addresses

KEYSEEKER DESIGNS maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the CUSTOMER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

11. Intellectual Property

The CUSTOMER warrants that it will not copy, reproduce or republish any material, in whole or in part, located on the KEYSEEKER DESIGNS'S website. The CUSTOMER will not use the trademarks or copyrights of KEYSEEKER DESIGNS. The CUSTOMER will not misrepresent its relationship with KEYSEEKER DESIGNS or attempt to pass itself off as KEYSEEKER DESIGNS or in any way claim that it is KEYSEEKER DESIGNS.

12. Year 2000 (Y2K)

The CUSTOMER understands and agrees that Keyseeker Designs's services are based on STANDARD Internet technologies that have been designed to work in the Year 2000 and beyond on a "Best Efforts" basis (rather than "Contractual" basis). Although Keyseeker Designs takes the Y2K issue seriously and continues to evaluate its readiness, given the true nature of Year 2000 issues, contractual warranties specific to Year 2000 readiness are NOT appropriate. It is a simple fact that a single technology provider can NOT solve all issues related to the transition to the Year 2000. Accordingly, the limited warranties for Keyseeker Designs's services are set forth in the Terms & Conditions page. Keyseeker Designs will continue to keep its customers informed.

The information we disseminate about year 2000 readiness does NOT constitute an extension of any warranty for Keyseeker Designs's services. Keyseeker Designs provides this information to our customers to help them in evaluating and correcting potential issues for using dates into the next century.

12. Assignment and Agents

1. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the CUSTOMER may not assign or delegate its rights and obligations under his business relationships with KEYSEEKER DESIGNS, either in whole or in part, without the prior written consent of KEYSEEKER DESIGNS. KEYSEEKER DESIGNS may assign its rights and obligations under this Agreement to any third party in connection with a merger, consolidation, sale of all or substantially all of KEYSEEKER DESIGNS's assets or other corporate reorganization.
2. The CUSTOMER agrees that even if an application for domain name registration or web hosting is completed by an agent for the CUSTOMER (sometimes called Administrative Contact), the CUSTOMER is nonetheless bound as a principal by all terms and conditions herein.

13. Governing Law/Severability

Any Agreement, arising from the business relationships between KEYSEEKER DESIGNS and the CUSTOMER, will be governed by and construed in accordance with the laws of the state of Florida (USA), without reference to its conflicts of laws principles. The CUSTOMER agrees that any litigation or arbitration between the parties will take place in Pinellas County, Florida (USA), and the CUSTOMER consents to personal jurisdiction and venue in that County. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

14. Age of Majority

KEYSEEKER DESIGNS cannot accept agreements and payments from persons under the age of 18 years. Therefore, KEYSEEKER DESIGNS requires that its agreements be made with a person who is qualified to contract. As such, the CUSTOMER must be of 18 years or older. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

15. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement between the CUSTOMER and KEYSEEKER DESIGNS, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the CUSTOMER, will be effective only if accepted in writing and signed by KEYSEEKER DESIGNS.