KAZELI Terms and Conditions
IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
KAZELI and www.kazeli.com are products of Kazeli Holdings Ltd.
Please read our terms and conditions, which you (hereafter 'the Subscriber') agree to, in subscribing for any KAZELI service or package. As a user of KAZELI services you accept that by using this service you agree that KAZELI assumes no responsibility for the nature or content of anything contained on this website and disclaim all liability in respect of such nature or content. Use of this service is subject to our Terms and Conditions of Use.
The Service is offered to Subscriber conditioned upon Subscriber's acceptance without modification of this Agreement. Subscriber acknowledges that, from time to time, it may be necessary for KAZELI to update or revise certain provisions of the Agreement. By signing up for any KAZELI Service and accepting this Agreement, Subscriber agrees that KAZELI may change the terms of the Agreement in its sole discretion without specific notice to Subscriber. If Subscriber does not agree to the changes proposed by Kazeli Holdings Ltd. or to any terms in this Agreement, Subscriber's sole and exclusive remedy is to cancel Subscriber's KAZELI Subscription ("Subscriber's Account"). Notwithstanding the foregoing, KAZELI reserve the right to cancel, suspend or refuse access to the Service to anyone in their sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Users are granted access to KAZELI services subject to the following Terms and Conditions ("TACS").
Terms and Conditions
General Use of the Service
Subscriber shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Subscriber agrees that Subscriber will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Subscriber created websites, in accordance with this Agreement. This means, among other activities, that Subscriber agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Subscriber agrees that Subscriber will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of KAZELI Subscriber agrees that Subscriber will not access or attempt to access password protected, secure or non-public areas of the Service. If Subscriber attempts to access prohibited areas of the Service, Subscriber may be subject to prosecution.
Charges and Billing
If Subscriber is required to pay a fee for all or any part of the Service for which Subscriber has chosen to register. Subscriber hereby authorizes KAZELI to charge Subscriber's valid and current credit or debit card in advance for all applicable fees incurred by Subscriber in connection with Subscriber's chosen Service and Subscriber's Account. Subscriber's Service and Account will automatically renew at the end of each subscription period, unless the Service or Subscriber Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Subscriber Account, these fees will be billed automatically to the Subscriber's designated valid and current credit or debit card at the start of each renewal period, unless Subscriber terminates the Service before the relevant period begins. If Subscriber registered for the Service using a promotional code or discount, after the initial promotional period expires, Subscriber's subscription and any purchased upgrades will automatically be renewed and billing will continue at the then-current prices for the Service. Subscriber further acknowledges that it is Subscriber's responsibility to notify KAZELI of any changes to Subscriber's credit card and to update Subscriber's credit card number if Subscriber's credit card has expired otherwise Subscriber's access to the Service may be disconnected or interrupted. All fees shall be paid in Euros unless otherwise agreed with KAZELI and acknowledged in writing.
KAZELI shall consider ownership of an account and its constituent
site(s) to be the identity of the person providing payment; or for trial sites,
the identity of the person registered for the trial period. KAZELI reserves
the right to change any fees (which includes but is not limited to, increasing
prices and charging a fee for upgrades and/or a Service for which it may not
currently charge a fee) at any time, provided, however, that KAZELI will provide
Subscriber with reasonable notice prior to making any fee changes. In addition,
KAZELI will also give Subscriber reasonable notice before any modification
to the Service that could adversely impact Subscriber's Site(s)/Services.
If Subscriber finds any change to the Service to be unacceptable, Subscriber
is free to cancel any part of the Service or Subscriber's Account at any time,
but KAZELI will not refund any remaining portion of Subscriber's pre-paid
fees when Subscriber cancels any part of the Service or Subscriber's Account
and Subscriber may be charged a cancellation fee.
Subscriber agrees to pay Subscriber's Account balance on time. Subscriber
also agrees to pay any taxes, including sales or use taxes, resulting from
Subscriber's use of the Service. Subscriber is responsible and liable for
any fees, including attorney and collection fees, that KAZELI may incur in
its efforts to collect any remaining balances due from Subscriber. This Section
2 shall in no way limit any other remedies available to KAZELI. Subscriber
also acknowledges and agrees that Subscriber will be billed for and will pay
any outstanding balances if Subscriber cancels Subscriber's Account or Subscriber's
Account is terminated due to Subscriber's breach of this Agreement. Subscriber
must notify KAZELI of any billing problems or discrepancies within sixty (60)
days after they first appear on Subscriber's credit card account statement.
If Subscriber does not notify KAZELI within sixty (60) days, Subscriber waives
any right to dispute such problems or discrepancies.
If your bandwidth usage exceeds 2 GB/month, or significantly
exceeds the average bandwidth usage of other KAZELI customers (as
determined by KAZELI), you will receive an email notification and be
given the option to reduce your bandwitch consumption within a specified time
period or purchase additional bandwith. KAZELI reserves the right to disable
your account access until the issue has been appropriately resolved.
KAZELI Support Services
KAZELI offers its Subscribers unlimited free email support as well as extensive
support material that is available online. Subscribers may submit an unlimited
amount of support related questions or concerns by email to: firstname.lastname@example.org.
KAZELI provides professional business services and we expect that our Subscribers
conduct themselves in a professional manner with regards to the use
of our services. Subscriber, and not KAZELI, is entirely responsible for
all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Subscriber Content") posted
via the Service. Subscriber, and not KAZELI, is also responsible for compliance
with all laws, regulations and ordinances connected with all aspects of
Subscriber's use of the Service. Subscriber shall not use the Service for
any illegal purpose in violation of any local, state, federal or international
law. Subscriber must provide all required and appropriate warnings, information
and disclosure, comply with all applicable laws and regulations, and take
all other required and appropriate actions (collectively, "Information
and Actions") in connection with Subscriber's use of the Service. If
the Service does not provide adequate facility or features for Subscriber
to provide such Information and Actions, then Subscriber shall not use the
Service. KAZELI does not control or monitor the Subscriber Content posted
via the Service and as such, does not guarantee the accuracy, integrity
or quality of such content. KAZELI reserves the right, but is not obligated
to review the Subscriber Content posted via the Service and to refuse or
remove any such materials in its sole discretion, without notice at any
time. KAZELI also reserves the right to disclose any information or materials
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or remove any information
or materials, in whole or in part, from the Subscriber Content in KAZELI's
sole discretion. With respect to the content on the Subscriber Website,
Subscriber agrees not to:
post, upload or otherwise transmit any content which
is misleading to others or impersonate any person or entity or falsely
state or otherwise misrepresent Subscriber's affiliation with a person
or entity to others, including, but not limited to, consumers;
post, upload or otherwise transmit any content that
is threatening, abusive, harassing, tortious, defamatory, obscene, libelous,
invasive of another's privacy, hateful, or racially and ethnically objectionable;
post, upload or otherwise transmit any content that
Subscriber does not have a right to post and transmit under any law or
under contractual or fiduciary relationships (such as information learned
or disclosed as part of employment relationships or under nondisclosure
post, upload or otherwise transmit any content, such
that such posting, uploading, or transmission constitutes the infringement
of any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
post, upload or otherwise transmit any materials that
contain 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 and/or attempt to
access the accounts of others, or attempt to penetrate security measures
of KAZELI, its vendors or suppliers or other entities' systems ("hacking"),
whether or not the intrusion results in corruption or loss of data;
post, upload or otherwise transmit any materials that
impose an unreasonable or disproportionately large load on KAZELI's infrastructure
that exceed the limits provided by the Service for which Subscriber registered;
post, upload or transmit any unsolicited or unauthorized
advertising, promotional materials, "spam," "chain letters,"
or any other form of solicitation;
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;
intentionally or unintentionally violate any applicable
local, state, national or international law.
forge any headers or other manipulation of identifiers
in order to disguise the origin of any content transmitted through the
promote or provide instructional information about
illegal activities, promote physical harm or injury against any group
or individual, or promote any act of cruelty to animals; or
sell, distribute, disseminate or link to any sites
for marketing, sales, distribution of: firearms, explosives, ammunition,
liquor, tobacco products and any other products or services that (i) Subscriber
cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via
the Subscriber Web Site could cause KAZELI to violate any law, statute
post or disclose any personal or private information
or images about children or any third party without their consent (or
a parent's consent in the case of a minor).
KAZELI may terminate Subscriber's account for failure to
comply with the above listed rules of Subscriber Conduct. Additionally, KAZELI
may request Subscriber to place all or any portion of the Subscriber Content
behind password protection if KAZELI determines that such content is inappropriate
for the community at large but does not otherwise violate the terms of this
Agreement. If KAZELI has requested Subscriber to place Subscriber Content
behind password protection or if Subscriber independently determines that
the Subscriber Content appropriately belongs behind password protection, Subscriber
may not publish the password in such a way that negates the limited-access
nature of the password protected site. If KAZELI requests Subscriber to place
any Subscriber Content behind password protection and Subscriber fails to
do so promptly, KAZELI reserves the right to (a) place such content behind
password protection itself, or (b) terminate Subscriber's Account.
Subscriber Website Ownership
The nature of KAZELI's database driven technology means that it is physically
impossible for a Subscriber to own a copy of their KAZELI website. You agree
not to hold KAZELI liable and KAZELI accepts no liability in respect
of, the loss of all data relating to their website. Subscribers are strongly
advised to keep copies of any data, images, music or otherwise that they
upload onto their KAZELI website.
KAZELI and all its associated web-based products and services cannot be
used either directly or indirectly to distribute UCE (unsolicited mass email),
also known as "Spam". See our Anti-Spam Policy
, which is incorporated into these Terms and Conditions of Use by reference.
We have zero tolerance towards Spam, if you Spam, all your KAZELI web-based
services may be immediately cancelled/suspended while we review your account. If you are found to be in deliberate violation of our Anti-Spam Policy, your account will be cancelled and you will be banned from using our services in the
future. You will also be liable in full for any legal consequences resulting from
your spamming activities. For further questions, please email: email@example.com.
Subscriber Website Editing
Editable areas on Subscriber websites can be up-dated using the KAZELI Page
Editor. If a Subscriber wishes to edit areas that are not editable via the
KAZELI Page Editor or requires customized design or functionality enhancements,
please contact: firstname.lastname@example.org with your specific enquiry/request for
pricing and more information.
Subscriber Website Cancellation
You can cancel your KAZELI subscription at any time. Please note that should
you cancel your subscription your site(s) will remain accessible until your
subscription ends, upon which time your site(s) will be locked, i.e. become
inaccessible. We will hold on to your site for 30 days, after which the
site and all its contents will be deleted. Please note that deleting your
sites does not cancel your subscription - you need to explicitly cancel
the subscription by sending an email to: email@example.com specifying the
service you wish to cancel.
KAZELI takes no responsibility for additional funds taken from your card
unless you explicitly cancel your agreement and receive confirmation that
this has taken place.
Refunds are only provided at the discretion of KAZELI. If for any reason
you wish to apply for a refund, please send a detailed e-mail to: firstname.lastname@example.org.
Kazeli is a month-to-month subscription service that you are able to terminate at any time. KAZELI may also suspend or terminate Subscriber's Service or Subscriber's Account if in KAZELI's sole discretion, it determines just cause. Additionally, KAZELI, in its sole discretion, may terminate Subscriber's Site, Subscriber's Account or Subscriber's use of the Service including, without limitation, (i) if Subscriber breaches this Agreement, (ii) if KAZELI is unable to verify or authenticate any information that Subscriber provides to KAZELI, or (iii) if KAZELI believes that Subscriber has violated or acted inconsistently with the spirit of this Agreement. If KAZELI terminates Subscriber's Account pursuant to (i), (ii) or (iii) above, Subscriber will forfeit all credits, pre-paid fees, and any other amounts accruing to Subscriber, if any, and KAZELI shall not be required to refund, redeem, or pay amounts to Subscriber upon such termination. Whenever deemed possible Kazeli will provide due warning before an account is suspended or terminated.
Effect of Termination
Upon termination of Subscriber's Account for any reason, KAZELI reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Subscriber; (b) delete any Subscriber Content, listings, messages or other information in connection with Subscriber's Account; (c) prohibit Subscriber's access to Subscriber's Account, including without limitation by deactivating Subscriber's password; and (d) refuse Subscriber future access to the Service. In no event shall KAZELI be required to refund, redeem, or pay amounts to Subscriber upon termination of Service or return any Subscriber Content.
Getting Back Your Data
If for any reason you decide to terminate your Kazeli account, we will keep your data on file for 30 days. During this time you may request our data export service, which includes a file of your contacts, documents, and website content in comma separated value (.csv) format as well as all emails including their attachments. After such 30-day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in our possession or under Our control.If your account has been terminated by Kazeli for non-payment or for violation of our terms and conditions, you will be required to settle any outstanding amounts due, in order to be eligible for this service. Please contact email@example.com for pricing information of our data export service.
Third Party Content
For Subscriber's convenience, the Service may contain products, services,
content and information from third party providers and/or links to their
Web sites ("Third Party Content"). Such Third Party Content is
not under the control of KAZELI and KAZELI is not responsible for such content,
including, without limitation, any link contained in such content, or any
changes or updates to such content. KAZELI is under no obligation, but does
reserve the right to pre-screen Third Part Content available on the Service
and does not assume any responsibility or liability for the content provided
by others. KAZELI is providing such Third Party Content to Subscriber only
as a convenience, and the inclusion of such content does not imply endorsement
by KAZELI of such content or the affiliate or advertiser. Subscriber may
be subject to additional and/or different terms, conditions, and privacy
policies when using third party products, services, content, software, or
sites. KAZELI does reserve the right to remove content that, in its judgment,
does not meet its standards, but KAZELI is not responsible for any failure
or delay in removing such material.
KAZELI is not and will not be responsible for (i) the terms and conditions
of any transaction between Subscriber and any third party, (ii) any insufficiency
of or problems with any such third party's background, insurance, credit or
licensing, or (iii) the quality of services performed by any such third party
or any other legal liability arising out of or related to the performance
of such services. In the event that Subscriber has a dispute with any such
third party, Subscriber releases KAZELI (and its affiliates, suppliers, agents
and employees) from any and all claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
DISCLAIMER OF WARRANTIES
Subscriber EXPRESSLY UNDERSTANDS AND AGREES THAT:
Subscriber'S USE OF THE SERVICE IS AT Subscriber'S
SOLE RISK. KAZELI AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL
CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE
ON OR ACCESSED THROUGH THE SERVICE, AND THE Subscriber SITE(S) "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KAZELI AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET Subscriber'S REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY Subscriber THROUGH THE SERVICE WILL MEET Subscriber'S EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE, OR Subscriber SITES IS DONE AT Subscriber'S
OWN DISCRETION AND RISK, AND Subscriber WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO Subscriber'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KAZELI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF KAZELI OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION
MAY NOT APPLY TO Subscriber. IN NO EVENT SHALL KAZELI'S AGGREGATE LIABILITY
TO Subscriber AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT
EXCEED THE AMOUNT Subscriber ACTUALLY PAYS TO KAZELI UNDER THIS AGREEMENT
DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR €500.00
(EURO), WHICHEVER IS LESS.
Without limiting the foregoing, neither KAZELI nor its suppliers is responsible
for any of Subscriber's data residing on the Service or Kazeli Holdings Ltd suppliers'
hardware. Subscriber is responsible for backing-up Subscriber's data and
information that may reside on the Service or Kazeli Holdings Ltd suppliers' hardware,
whether or not such information is produced through the use of the Service.
It is Subscriber's responsibility to take the necessary steps to ensure
that Subscriber's primary means of business is maintained (if applicable).
Additional Representations and Warranties.
You represent, warrant, and covenant that (a) you have the power and authority
to enter into this Agreement; (b) you are at least eighteen (18) years of
age; and, (c) you will only use the KAZELI Websites in accordance with these
Terms of Service.
Proprietary Rights to Subscriber Content
KAZELI does not claim ownership of the Subscriber Content that Subscriber
provides to KAZELI and/or places on the Subscriber Site. However, Subscriber
grants KAZELI a worldwide, royalty-free, non-exclusive license to (i) host,
use, reproduce, modify, distribute, transmit, combine with information provided
by third parties, and publicly display the Subscriber Content on and through
the Service and in KAZELI's promotional or advertising materials (only for
the limited purpose of promoting the Service), and (ii) sublicense to third
parties such Subscriber Content to the extent necessary for the creation
and maintenance of, in part or in whole, such Web sites. No compensation
will be paid or due Subscriber with respect to KAZELI or its sub-licensee's
use of the materials as licensed above. By posting messages, uploading files,
inputting data, submitting any feedback or suggestions, or engaging in any
other form of communication with or through any Subscriber Site, Subscriber
warrants and represents that Subscriber owns or otherwise controls the rights
necessary to do so and to grant KAZELI the license set forth above, and,
pursuant to the terms set forth in this agreement, Subscriber will defend
and indemnify KAZELI and its suppliers from any third party claim related
to a breach of any of the foregoing representations and warranties.
KAZELI Proprietary Rights/Software Licenses
Subscriber acknowledges and hereby agrees that the Service and any software
used in connection with the Service (the "Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. Subscriber further acknowledges and agrees that
content contained in sponsor advertisements or information presented to
Subscriber through the Service, advertisers and/or Discussion Boards is
protected by applicable copyrights, trademarks, service marks, patents and
other proprietary rights and laws.
KAZELI provides Subscriber with a non-exclusive, non-transferable, limited
license to use the Software, which Subscriber agrees to use in accordance
with this Agreement. Subscriber may not sub-license or charge others to use
or access the Software without first obtaining written permission or a written
agreement from KAZELI. The KAZELI Software is protected to the maximum extent
permitted by copyright laws and international treaty provisions. Any reproduction,
modification, creation of derivative works from or redistribution of the Software
is expressly prohibited, and may result in severe civil and criminal penalties.
The Software, its structure, sequence and organization and source code are
considered trade secrets of KAZELI and its suppliers and are protected
by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. Subscriber MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY
SOFTWARE PROVIDED HEREUNDER.
Subscriber agrees to indemnify and hold KAZELI and its suppliers, affiliates,
partners, subsidiaries and employees (collectively, the "Indemnified
Parties") harmless from any and all claims and demands, losses, liability
costs and expenses (including, but not limited to, reasonable attorneys'
fees), incurred by an Indemnified Party arising out of or related to (i)
Subscriber's breach of this Agreement; (ii) any information (including but
not limited to Subscriber Content and Subscriber's publicly posted information)
submitted, posted, or otherwise provided by Subscriber at the Subscriber
Site and/or to KAZELI and/or its affiliates; (iii) any dispute or litigation
between an Indemnified Party and a third party caused by Subscriber's actions;
and (iv) Subscriber's negligence or violation or alleged violations of any
rights of another. These obligations will survive any termination of Subscriber's
relationship with KAZELI or Subscriber's use of the Service. To the fullest
extent permitted by law, the foregoing indemnity will apply regardless of
any fault, negligence, or breach of warranty or contract of KAZELI and/or
its suppliers, affiliates, partners, subsidiaries and employees.
Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization
and layout of the Service are owned and copyrighted or licensed by KAZELI,
its affiliates or its suppliers. All rights reserved. No reproduction, distribution,
or transmission of the copyrighted materials of the Service, which includes
the KAZELI (and any successor Websites or additional Websites or any co-branded
Web sites), and/or the Software, is permitted without the written permission
of KAZELI. Any rights not expressly granted herein are reserved.
Modification of the Service
KAZELI reserves the right, at its sole discretion, to, at any time,
modify, or discontinue the Service, temporarily or permanently, (or
any part thereof), including the imposition of limits on certain features
and services or restriction of access to parts or all of the Service,
with or without notice. Subscriber agrees that KAZELI shall not be
liable to Subscriber or to any third party for any modification, suspension
or discontinuance of the Service. Subscriber further agrees that KAZELI
shall have the right to remove any feature from the Subscriber Site,
with or without notice to Subscriber, at any time at KAZELIs sole
discretion, if KAZELI discontinues offering the feature for any reason.
If Subscriber does not agree to any such modifications, Subscriber's
sole and exclusive remedy is to cancel Subscriber's Account.
- Arbitration/ Jurisdiction
Subscriber agrees that any dispute or claim arising out of or related
to the Service or this Agreement, or the interpretation, making, performance,
breach or termination thereof, shall be finally settled by binding arbitration
in Cyprus under the Cyprus Arbitration Association Rules by one arbitrator
appointed in accordance with said Rules. The proceedings shall be conducted
and all evidence shall be offered in the English language. Subscriber
agrees that any claim against KAZELI must be filed within one (1) year
of the time such claim arose, regardless of any law to the contrary,
otherwise such claim will be barred forever.
Notwithstanding the above, KAZELI may apply to any court of competent
jurisdiction (i) for a temporary restraining order, preliminary injunction
or other interim or conservatory relief as necessary.
This Agreement shall be governed in all respects by the laws of the Republic
of Cyprus. Such law shall be applied by the arbitrator to the merits of
any dispute or claim. For any non-arbitral action or proceeding arising
out of or related to the Service or this Agreement, both parties submit
to sole and exclusive jurisdiction and venue in the courts located in
the Republic of Cyprus and further agree that any such action or proceeding
shall be brought in a court in The Republic of Cyprus.
A printed version of this Agreement shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. KAZELI's failure to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision.
Subscriber shall not assign this Agreement or any rights or obligations
hereunder, by operation of law or otherwise, without prior written approval
of KAZELI, and any such attempted assignment shall be void. KAZELI shall
have the right to freely assign this Agreement, and its rights and obligations
hereunder, to any third party without requiring the consent or notice
of Subscriber. Subject to the foregoing, this Agreement shall be binding
upon and inure to the benefits of the parties hereto, their successors
and permitted assigns. This Agreement sets forth the entire understanding
and agreement between KAZELI and Subscriber with respect to the subject
matter hereof. The section and subsection titles in the Agreement are
for convenience only and have no legal or contractual effect. Each party
is an independent contractor and not an agent or representative of any
other party. No party shall have any right or authority to create any
obligation or make any representation or warranty in the name or on
behalf of any other party. This Agreement shall not be interpreted or
construed to create an association, joint venture or partnership between
the parties or to impose any partnership obligation or liability upon
any party. The parties acknowledge and agree that this Agreement may
be entered into electronically, and without the necessity of written
Please report any violations of these Terms and Conditions to firstname.lastname@example.org
- Independent Review
Subscriber ACKNOWLEDGES THAT Subscriber HAS READ THIS AGREEMENT AND
ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT
AND THAT Subscriber AGREES TO ALL ITS TERMS AND CONDITIONS. Subscriber
HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY
OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND
IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN
THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Service-Specific Terms: The following terms apply in addition to the points
stated above. KAZELI may change service providers or stop providing the
following services at any time without notice to Subscriber; and Subscriber
shall permit KAZELI to act as its agent with respect to the following
- Internet Domain Names
KAZELI has chosen independent Third Party Domain Name Vendors ("TPDNVs")
who are ICANN accredited registrars, to provide domain name registration
services. Subscriber hereby authorizes KAZELI if requested, to transfer
in or acquire Subscriber's selected domain name from TPDNVs. In order
to receive a domain name, Subscriber must agree and remain agreeable
through the use of the Domain Name, to the TPDNVs' terms of service
which the TPDNVs may change at any time in their sole discretion to
the TPDNVs' terms of service. Subscriber understands that Subscriber
is creating a separate contractual relationship between Subscriber and
the TPDNVs, and that Subscriber, and not KAZELI, is responsible for
all liability, and obligations in connection with that relationship.
Some KAZELI accounts may have Email services provided by an independent
Third Party Email Services Vendor ("TPESV"). KAZELI is not responsible
for the actions or inaction of the then current TPESV or the unavailability
or malfunction of their network or services. KAZELI is not a party to,
and shall not be involved in or responsible for, transactions, agreements,
and/or disputes between Subscriber and the TPESV ("TPESV Dispute").
In the event of a the TPESV Dispute, Subscriber hereby releases KAZELI
(and its officers, directors, agents, and employees) from claims, demands,
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any connected with such disputes.
- Standard Clip-Art and Photos
As part of the Service, KAZELI may provide its Subscribers with links
to Third Party Image Vendors ("TPIV") from where they can obtain clip-art
and photos to incorporate into their Subscriber Web websites. In using
the clip-art and photos, Subscriber is governed by an Image License
Agreement with a Third Party Image Vendor ("TPIV"). Subscriber understands
that the Image License Agreement is a separate contractual relationship
between Subscriber and the TPIV, and that Subscriber, and not KAZELI,
is responsible for all liability, and obligations in connection with
that relationship. KAZELI is not a party to, and shall not be involved
in or responsible for, transactions, agreements, and/or disputes between
Subscriber and the TPIV ("TPIV Dispute"). In the event of a TPIV Dispute,
Subscriber hereby releases KAZELI(and its officers, directors, agents,
and employees) from claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any connected with such
Revised March 2009