X
 
 
Terms of Use Agreement
 
Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 3rd February, 2003.

This Terms of Use Agreement sets forth the standards of use of the Keyona Inc. Online Service. By using the Keyona Inc. / Keyona.ca website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Keyona Inc. / Keyona.ca website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  1. Description of Service

    Keyona Inc. is providing Member with Design, Web Development, Web Hosting and SEO services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection. Keyona Inc. will carry out work upon receiving an agreement provided either by email, telephone, mail or fax.

    The website, graphics and any code developed remains the property of Keyona Inc. until all payments have been completed. At times we will create scripts, php scripts, or software (unless specifically agreed) that is written by Keyona Inc. and will remain the copyright of Keyona Inc. and may only be commercially reproduced or resold with the permission of Keyona Inc.

  2. Disclaimer of Warranties.

    The site and services are provided by Keyona Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Keyona Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site or it services in terms of its correctness, accuracy, reliability, or otherwise. Keyona Inc. shall have no liability for any interruptions in the use of this Website or services. Keyona Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

    Anyone (or Member) who experiences a problem with the Website or Services provided by Keyona Inc. should raise the matter directly using our online contact form to do so, giving sufficient information (such as an url) and outlining the grounds for complaint. Keyona Inc. will approach the Member for the matter in question with a view to resolving the complainant to the best of its abilities.

  3. Limitation of Liability

    KEYONA INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KEYONA INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT OR DUE TO ANY SERVICE PROVIDED TO THE MEMBER, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KEYONA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

    Keyona Inc. will not take responsibility for any copyright infringements caused by materials submitted by the Member.

    Keyona Inc. will not be liable for compensation, loss of earnings or costs incurred due to the failure to meet agreed deadlines, work carried out, unavailability of site, servers or any material provided to the Member.

    There are conditions that exist on the Internet which are outside the control of Keyona Inc. and could result in a breach of security. Accordingly, Keyona Inc. cannot guarantee that Member data or information will be free from corruption or piracy. Member hereby expressly waive any claim against Keyona Inc. arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of Keyona Inc.

    Keyona Inc. does not warrant or represent that the use or the results of the use of the materials available through the services provided by Keyona Inc. or from third parties will be correct, accurate, timely, reliable or otherwise.

    Keyona Inc. provides hosting through 3rd party companies, no guarantees can be made as to the availability or interruption of this service by Keyona Inc. and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

    Keyona Inc. reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

    With respect to Web Design and Development services provided by Keyona Inc.:

    • The Member is expected to test fully any application or programming relating to a site developed by Keyona Inc. before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Keyona Inc. will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
    • Keyona Inc. will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the most popular and widely used web browsing softwares available in the industry. Keyona Inc. can offer no guarantees of correct function with all browser software.
    • Keyona Inc. cannot take responsibility for any losses incurred by the use of any software created for the Member. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the Member in ensuring that all software is functioning correctly before use.

    With respect to SEO services provided by Keyona Inc., we will not be liable for:

    • URLs dropped or excluded by a search engine for any reason.
    • Do not represent or warrant that Member URLs will achieve a favourable position, or any position, within a particular search engine.

    Keyona Inc. will not be liable for any acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.

    Keyona Inc. will not responsible for delays or failure of performance resulting from ISP delivery problems or failure for mail, email or any such services, or any communication or delivery problems associated with Member's receipt of the Services

  4. Indemnification

    Member agrees to indemnify and hold Keyona Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

  5. Modifications and Interruption to Service

    Keyona Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Keyona Inc. shall not be liable to Member or any third party should Keyona Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Keyona Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  6. Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

  7. Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Keyona Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    Keyona Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  8. Governing Jurisdiction of the Courts in Ontario

    Our website is operated and provided in the Province of Ontario. As such, we are subject to the laws of the province of Ontario, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the province of Ontario.

  9. Compliance with Laws.

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  10. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2003 Keyona.ca, with all rights reserved, or is the property of Keyona Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Keyona Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Keyona Inc.

    Keyona Inc.TM and Keyona.caTM are proprietary marks of Keyona.ca. Keyona Inc.'s trademarks may not be used in connection with any product or service that is not provided by Keyona Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Keyona Inc.

    All other trademarks displayed on Keyona Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Keyona Inc.

  11. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Keyona.ca designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail: 8 – 60 Bristol Road East, Ste# 624, Mississauga, ON – L4Z3K8, CANADA
    By Telephone: 91 – 416 – 619 7732
    By Email:

  12. Botnets

    Keyona Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Keyona Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

  13. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Keyona Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.