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Terms of Service

1. Acceptance of Terms
By accepting KDM Computer Solutions Terms of Service (TOS) electronically or in writing, and/or by using KDM Computer Solutions Services, including but not limited to submission of content, payment or authorization of payment or sale, you (Client) agree to be bound by the following terms and conditions. You also agree that your electronic acceptance of these TOS shall have the same force and effect as if you had agreed to these TOS in writing.

KDM Computer Solutions provides its service to you subject to the following TOS, which may be updated from time to time without notice to you. You may review the most current version of the TOS at http://norrishughes.com/tos.aspx. By using KDM Computer Solutions Service you also agree to the most current version of the TOS. Failure to comply with the TOS may result in termination of design. By agreeing to these terms, you are allowing KDM Computer Solutions Web Design Services to place a copyright logo or banner on your completed web site.

2. Description of Service
KDM Computer Solutions designs and creates custom web sites and provides other related services (Service) including, but not limited to: support and web site tuning of web sites, e-commerce, flash, Web traffic reporting, database development, easy interface for updating the web sites, e-mail accounts and additional related services. You understand that the Service may include certain communications from KDM Computer Solutions such as advertisements, notices, service announcements and newsletters. You are responsible for obtaining access to additional services that may involve 3rd party fees (including but not limited to ISP, merchant account and gateway). You are also responsible for all equipment and software necessary to access web sites designed by KDM Computer Solutions

3. Electronic Delivery Policy
KDM Computer Solutions is a web design service business and transacts with its Clients electronically. When you accept this TOS you consent to receive electronically from KDM Computer Solutions any notices, agreements, disclosures, or other communications (Notices). You agree that KDM Computer Solutions can send you electronic Notices in either of the following ways. 1) To the e-mail address you provided to KDM Computer Solutions at the time of sale or 2) to the new e-mail address account you set up through KDM Computer Solutions. You agree to check your designated e-mail addresses regularly for Notices. Notice from KDM Computer Solutions is effective when sent by KDM Computer Solutions, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.

4. Privacy Policy
Personal data and certain other information about you are subject to our Privacy Policy. By using KDM Computer Solutions' Service you also agree to the most current version of our Privacy Policy.

5. Unacceptable Practices
As we strive to offer the very best service, there are certain guidelines and policies that must govern our efforts and relationships with our clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of our service. Such decisions are at the sole discretion of KDM Computer Solutions. Unacceptable practices include, but are not limited to:

Adult or pornographic material
Bulk e-mailing tools
Distribution of Internet viruses or other harmful or destructive activity
Gambling, gaming, lotteries, and like activities
Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, chauvinistically, ethnically or otherwise objectionable Content or language.
Content or language that is harmful to minors in any way.
Illegal activities, such as ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or Content that infringes on third parties’ intellectual properties
Intentional or unintentional violations of any applicable local, state, national or international law.
Reselling e-mail accounts or hosting accounts to third parties
Spamming and all other forms of unsolicited messages including, but not limited to: spam, pyramid schemes, chain letters, and junk e-mail
Links to other sites that are in violation of KDM Computer Solutions policies and guidelines
Other activities, whether lawful or unlawful, that KDM Computer Solutions deems to be in poor taste or that reflect adversely on KDM Computer Solutions or our other clients

As an KDM Computer Solutions Client, you agree to conduct your business in a legal and professional manner. You understand that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on your Website is the sole responsibility of the Client. You are fully responsible for all Content and agree to hold KDM Computer Solutions harmless in the event of third parties’ legal issues brought against you for your business practices. KDM Computer Solutions retains the right to terminate any accounts that are in violation with the letter or spirit of these TOS.



6. Intellectual Property Policy
KDM Computer Solutions respects copyright laws and the intellectual property of others. KDM Computer Solutions may terminate accounts for copyright infringement. If you believe your work has been copied and is accessible on an KDM Computer Solutions web site please contact us immediately.

7. 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 laws regarding the transmission of technical data exported from the country in which you reside.

8. Interstate Communications
Client acknowledges that by using KDM Computer Solutions services you will be causing communications to be sent through KDM Computer Solutions’ computer networks which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of KDM Computer Solutions’ Service results in interstate data transmissions.

9. Web Site Construction Procedure:
With the help and input from the Client, KDM Computer Solutions will prepare the appropriate custom design and text for our clients. Client must submit complete Content before site construction begins on the custom web site. Client may submit Content directly to KDM Computer Solutions through e-mail, or regular mail. After Content is submitted by the Client the site will move to the layout and design phase. Once the layout and design are approved by the Client the site will move to the development phase. KDM Computer Solutions will add the text and Content to the web site. After the Client approves the text and Content added to the web site, the web site will go live. KDM Computer Solutions will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on web site. Client will be notified by e-mail that the web site is now live. Client understands that the web sites may be taken live “as-is” or “under construction” if we do not receive Client’s response to missing information requests or requests to approve completed web site within two weeks.

KDM Computer Solutions does not guarantee a time frame for completion of the custom Web site as Content may continue to be submitted by Client throughout the design process. KDM Computer Solutions cannot start and complete the design of the custom Web site until complete Content is submitted. If Client continues submitting additional Content, this increases the design time frame. If Client does not submit complete Content and KDM Computer Solutions is not able to start or complete the custom Web site design, Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale.

10. Web site Change Requests During Design Process:
KDM Computer Solutions agrees to build a web site to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom Web site going live will be billed at "KDM Computer Solutions’ standard hourly rate. KDM Computer Solutions is not obligated to complete Client requests or changes outside of the scope of work or the original invoice quote. If KDM Computer Solutions does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

There will be NO REFUNDS of any kind for pages that have already begun the designing process. All hours of designing work put into each web site has to be accounted for. Unlike a product, we are a service that's time and effort cannot be refunded. If Client has received an initial or completed web design, KDM Computer Solutions is in no way obligated to refund complete payment. By accepting these Terms of Service, you are agreeing that no charge backs will be placed or refunds be demanded. Failure to meet these terms could result in legal action.

11. Billing Policy:
The initial fee is due and billed in full at the time of the original sale. Failure to pay will result in ceasing completion of the website.

Client requests for enhancements to the original site will be due and billed separately and at the time of request, unless a web site tuning subscription was purchased.

KDM Computer Solutions reserves the right to change prices at any time including hourly design fees.

KDM Computer Solutions charges a $25.00 fee for returned checks.

12. Termination:
KDM Computer Solutions, at its sole discretion, may terminate its service and remove and discard any Content, for any reason, including and without limitation, if KDM Computer Solutions believes you have violated the TOS. KDM Computer Solutions may also at it sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of this TOS may be effected without prior notice and that KDM Computer Solutions may deactivate or delete Client’s account and all related information files. You agree that KDM Computer Solutions shall not be liable to Client or any third-party for any termination of Services. Paid accounts that are terminated will not be refunded.

KDM Computer Solutions also reserves the right to discontinue the designing of Client’s Web site at any time, at KDM Computer Solutions’ sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by KDM Computer Solutions

13. KDM Computer Solutions Proprietary Rights
Client acknowledges and agrees that "KDM Computer Solutions’ Service may contain proprietary and confidential information that is protected by intellectual and proprietary rights laws. Client agrees to not to reproduce, duplicate, copy, sell, resell or exploit any portion of, use or access to "KDM Computer Solutions’ Service.

14. Use of Client Information
Client hereby agrees that any information or ideas submitted to KDM Computer Solutions by any means may be used by KDM Computer Solutions without compensation or liability to you for any purpose whatsoever, including but not limited to developing web sites, databases, ecommerce and developing, manufacturing and marketing other products. This provision does not apply to Client Content or to personal information that is subject to our privacy policy.

Client herby gives permission to KDM Computer Solutions to use samples or links to Client’s custom Web site designed by KDM Computer Solutions for marketing and advertising purposes, including but not limited to use in our online client portfolio.

15. Third Party Services
From time to time third parties may offer service to KDM Computer Solutions Clients. Use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. KDM Computer Solutions does not represent and warrant that use or access to any third party services will be compatible, uninterrupted, error free, without defects or that you will be able to access "KDM Computer Solutions’ Service. You also agree that KDM Computer Solutions is under no obligation to provide you with any enhancements, updates, or fixes to make "KDM Computer Solutions’ Service accessible through any third party applications.

16. Disclaimer of Warranties
YOUR USE OF KDM Computer Solutions' SERVICE IS AT YOUR OWN RISK. KDM Computer Solutions SERVICE IS PROVIDED “AS IS”. KDM Computer Solutions DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KDM Computer Solutions DISCLAIMS ANY WARRANTIES REGARDING THE SERVICE INCLUDING THAT IT WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. KDM Computer Solutions DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KDM Computer Solutions’ SERVICE, INCLUDING RESULTING SALES AND WEB TRAFFIC. KDM Computer Solutions DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENTS’ PRODUCTS, SERVICES, SALES, OR WEB SITES. KDM Computer Solutions DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH KDM Computer Solutions SERVICE, OR LINKS PROVIDED BY KDM Computer Solutions’ SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY KDM Computer Solutions OR OBTAINED THROUGH LINKS PROVIDED THROUGH KDM Computer Solutions’ SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KDM Computer Solutions’ SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FORM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT KDM Computer Solutions, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF KDM Computer Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR INABILITY TO USE KDM Computer Solutions’ SERVICE, RELIANCE ON KDM Computer Solutions SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF KDM Computer Solutions’ SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF KDM Computer Solutions SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH KDM Computer Solutions SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO KDM Computer Solutions’ SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO KDM Computer Solutions’ SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstance shall KDM Computer Solutions be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualty, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. KDM Computer Solutions’ full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to KDM Computer Solutions.

18. Indemnification
You agree to defend, indemnify and hold harmless KDM Computer Solutions, it’s directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees that may arise or result from any Content you submit, post, transmit or make available through KDM Computer Solutions’ Service, from any product sold by Client, its agents or employees or assigns, from any Service provided or performed or agreed to be performed by KDM Computer Solutions or from your violation of the TOS or your violation of any rights of another.

19. Severability
In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms.

20. Jurisdiction
The TOS agreement shall be governed by the laws of the United States. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts within the United States. Client agrees to binding arbitration if requested by KDM Computer Solutions.

21. Governance
KDM Computer Solutions may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

22. General Information
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of KDM Computer Solutions. All representations not in writing are null and void. Written agreements may include, but are not limited to e-mails and electronic acceptance of this Terms of Service.
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 or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.