Terms & Conditions

Last updated on January 18, 2019.

This website is provided by Webkey on an “as is” and “as available” basis. Webkey makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or services included on this site. You expressly agree that your use of this site is at your sole risk.

Webkey does not warrant that this site, its servers, or email sent from www.webkey.us are free of any viruses or other harmful components. Webkey will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

By visiting www.webkey.us, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and Webkey.

General Terms:

By using the webkey.us website, the Webkey content and data management system (Service), all services of Webkey, LLC (Webkey), you are agreeing to be bound by the following terms and conditions (Terms of Service).

Webkey reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.webkey.us/335/terms-and-conditions.html.

The Webkey Service has been released in Beta; basically a term reserved for newly released software and applications, such as this content management system. A select group of clients have been invited to use the Service and give us feedback concerning its functionality and design.

Account Terms:

1. You must be 16 years or older to use this Service.

2. You must be a human. Accounts registered by bots or other automated methods are not permitted.

3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

4. Your login may only be used by one person a single login shared by multiple people is not permitted. You may create separate logins for as many people as necessary.

5. You are responsible for maintaining the security of your account and password. Webkey cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Servers, Data Storage, Accessibility and Security:

1. All Webkey installations employ current versions of the MySQL and PHP platform. Currently, we do not support other platforms.

2. All technical support required to configure, coordinate and transfer an existing database is in addition to all standard Webkey plans.

3. The Webkey interface will be hosted in whole or in part (at our sole discretion) on our servers at www.webkey.us or related servers.

4. The Basic Package includes the following features: 1 gigabyte account storage, 21 gigabyte monthly transfer, open source database platform support, unlimited email accounts (the first 5 accounts are setup for free, additional accounts may be configured on an hourly basis). Domain name registration, renewal, OR transfer is included for one domain name per year only while additional registrations, renewals or transfers may be arranged at additional cost.

5. Our servers support 128 bit web standard encryption using secure socket layers (SSL). Third-party security certificates may be purchased at an additional cost and require annual fees for the duration of the certificate. The Basic Package and any additional modules do not include the security certificate nor its installation on the server, but can be contracted at an additional fee. Webkey strongly recommends the use of secure pages and encryption for all database-enabled websites that handle sensitive information and encourages clients to add this level of security to their contracted sites. The client remains solely responsible in his/her decision to employ or reject this security feature.

6. The Webkey administrative interface is tested and supported on the following browsers: Internet Explorer 8+, Firefox 2+, Safari 3+, and Chrome 1+. Please note that the antiquated and insecure versions of Internet Explorer before version 8 are not supported.

7. Your design for the public web pages is tested and supported on the same browsers as above. Support for other browsers must be requested by client. Complex designs and interactive (Javascript-based) components may increase costs for development.

IMPORTANT: In consideration of the reduced usage and extra costs to program a website for the inconsistencies and lack of support of modern browser features found in Internet Explorer 6 and 7, we DO NOT support these antiquated and insecure browsers by default. Upon request, we can program work-arounds to address those inconsistencies in a user-friendly manner OR program an alert to display only to visitors to your site who are using IE6 or IE7 that encourages upgrading or switching to a modern browser, and provides links to download several free options. Estimated range to bring website into compliance is between 3 and 9 hours and, if requested, will be billed hourly.

For current usage statistics on all browsers, click here:
http://www.w3schools.com/browsers/browsers_stats.asp.

For current usage statistics on Internet Explorer, click here:
http://www.w3schools.com/browsers/browsers_explorer.asp.

Payment, Refunds, Upgrading and Downgrading Terms:

1. Access to the Service after the introductory demo period requires full payment of the setup fee for the Basic Package plus each contracted module. All data entered into the Service during the introductory demo period may be transferred to the paid account at the full discretion of Webkey.

2. Once payment is received for the Basic account and that account has been established on our servers, the setup payment is non-refundable. The subscription payment for the Basic Package and each contracted module will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged the subscription fee.

3. You will be billed for your first month of any upgrade from the Basic plan that includes additional modules immediately upon upgrading.

4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

6. For any upgrade or downgrade in plan, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

7. Downgrading your Service may cause the loss of related data, content, features, or capacity of your account. Webkey does not accept any liability for such loss.

8. Full payment of the contracted subscription amount is due upon receipt or billed as scheduled credit card payments directly.

9. Non-payment or late payment may result in the suspension of all access to the Service until the account is brought up to date. Currently, accounts over 45 days past due result in the temporary suspension of support and contracted work, while accounts over 60 days risk the suspension of their website services.

10. Suspended websites may continue to function for public viewing only but changes to the content will no longer be possible. Sites hosted on Webkey servers may be decommissioned completely for non-payment after 60 calendar days. Accounts delinquent for longer than 90 calendar days risk a complete loss of data.

11. The monthly subscription fee for the Basic Package and all additional contracted modules is due on a monthly basis. Discounts are available if subscription is paid in annual payments. For more information on payment plans, please contact customer service.

12. The one-time setup fee and monthly subscription rates may increase annually to accommodate for inflation. Pre-payments of subscription fees (for a maximum of one calendar year) may lock in current rates.

Cancellation and Termination:

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account by contacting customer service during normal business hours via telephone. Verification of your identity and authorization to cancel the account is required.

2. Your content will be deleted from the Service upon cancellation. However, clients in good standing with current accounts may request a one time data dump of all site data (output in MySQL standard format only) at no additional cost prior to canceling the account. This information can not be recovered once your account is cancelled.

3. If you cancel the Service before the end of your current contracted month, your cancellation will take effect immediately and you will not be charged again.

4. Webkey, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Webkey service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Webkey reserves the right to refuse service to anyone for any reason at any time.

5. Webkey, in its sole discretion, may offer a buy-out of the Service to the client. Terms, degrees of ownership and pricing to be negotiated and determined at the time of buy-out.

Modifications to the Service and Prices:

1. Webkey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 calendar days notice from us. Such notice may be provided at any time by posting the changes to the Webkey Site (www.webkey.us) or the Service itself.

3. Webkey shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

4. If Webkey Service is paid in advance, the Service pricing will be locked-in for that period of time (up to a maximum term of one calendar year).

Copyright and Content Ownership:

1. Unless otherwise specified, content migration is the sole responsibility of the client (where requested, a technical support quote may reflect the need for assistance with content migration if moving content from an existing site). For best results, all migrated content (as copied and pasted from another source, like Word or a website) must be stripped of hidden styles and modified using the built-in rich text editor, if intended style and consistency is to be maintained. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

2. Webkey does not pre-screen content, but Webkey and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Client bears all responsibility for providing to Webkey, maintaining, and updating any information, materials, or content client desires to have displayed on or incorporated into client’s website or other materials created by Webkey. Webkey is entitled to rely on the accuracy and correctness of any content provided by client and has no obligation to proofread, investigate the accuracy of, or otherwise examine such content. Client acknowledges and agrees that Webkey will use the content in publicly available materials such as client’s website as well as other materials.

3. It is assumed that the client holds the copyright or has negotiated permission to use all images and quotes submitted for the website.

4. If custom design work is contracted, then upon completion of the design phase of the website and receipt of full payment of the setup fees, the copyright for all original artwork will pass to the client.

5. The client retains the right to use any functionality as programmed and customized for the client during the entire paid subscription period. The copyright for all code remains the property of Webkey.

6. Webkey requests the right to place a small credit hyperlink below the footer, such as "powered by Webkey".

7. Webkey reserves the right to present the website project in an online or printed portfolio, or in general marketing pieces.

Trademark:

"Webkey", "Webkey.us", "Webkey LLC", and our logo are registered trademarks and may not be used or reproduced without permission. Any individual, organization, or company wishing to use Webkey’s logos and trademarks must obtain the right to do so in writing from Webkey prior to use.

General Conditions:

1. Your use of the Service is at your sole risk. The service is provided on an as is and as available basis.

2. Technical support is only provided to paying account holders and is only available via email (we try to respond within 1-4 hours). Phone technical support is available and will be scheduled during normal business hours upon request and will be billed hourly at the current rate. Up to one hour of support or training is included with the Basic Package, extra charges may apply if additional training or support is required.

3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Webkey, or any other Webkey service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Webkey.

5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Webkey customer, employee, member, or officer will result in immediate account termination.

7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.

9. You must not transmit any worms or viruses or any code of a destructive nature.

10. If your bandwidth usage exceeds the basic package level of 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Webkey) of other Webkey customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption or upgrade to an account with sufficient bandwidth.

11. Webkey does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

12. You expressly understand and agree that Webkey shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Webkey has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

13. Pricing does not include the following unless specifically noted or are contracted separately: Creation of multimedia presentations, Interactive (e.g., Flash animation or complex motion via custom scripting), Illustrations, Print Materials (e.g., business cards, letterhead, brochures, etc.), Custom photography, Purchase of stock photography, Purchase of special fonts, Purchase of additional software, Copy-writing or editing, Extensive production of graphics (e.g., custom iconography), or Photo galleries (e.g., pages dedicated to images). Travel time and in-person meetings are billed at full hourly rates plus expenses.

14. The failure of Webkey to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Webkey and govern your use of the Service, superseding any prior agreements between you and Webkey (including, but not limited to, any prior versions of the Terms of Service).

15. These Terms do not include any implicit provisions.

16. Questions about the Terms of Service should be sent to support at terms@webkey.us.

Privacy Policy Statement:

We collect the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

1. It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.

2. We transfer information about you if Webkey is acquired by or merged with another company. In this event, Webkey will notify you before information about you is transferred and becomes subject to a different privacy policy.

3. This site contains links to other sites. Webkey is not responsible for the privacy practices or the content of such Web sites.

Information Gathering and Usage:

1. When you register for Webkey we ask for information such as your name, company name, email address, billing address, credit card information. Members who sign up for the introductory demo account are not required to enter a credit card.

2. Webkey uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

3. Periodically, we use the information you have provided on the registration form to send you updates about our products and promotional material provided to us by our partners.

4. WE DO NOT SELL, TRADE, EXCHANGE OR OTHERWISE MAKE AVAILABLE ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY OTHER COMPANY OR ORGANIZATION.

Cookies:

1. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive.

2. Cookies are required to use the Webkey service.

3. We use cookies to record current session information, but do not use permanent cookies. You are required to log-in to your Webkey Project Site after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

We use cookies to remember users’ settings, store login addresses, authenticate users, run website experiments, and store analytics data. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. For more information regarding the use of cookies, please refer to our Cookies Policy.

Client Data Storage:

Although Webkey owns the data storage, databases and all rights to the Webkey application, you retain all rights to your data, images, and provided files. We will never sell or share your client data with any third-parties, contact your clients directly, or use your data for our own business advantage. We will also not utilize your data in our databases to compete with you, market to your clients, advertise to, or contact them for any other means of profit. We respect the privacy of our subscribers, and the privacy of their client data.

Disclosure:

Webkey may disclose personally identifiable information under special circumstances, such as to comply with subpoenas, warrants, or when your actions violate the Terms of Service.

Changes:

Webkey may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Webkey primary account holder account or by placing a prominent notice on our site.

Security:

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Our site uses firewall and encryption technology to protect your information, and our servers are located in a guarded co-location facility under 24-hour surveillance.

Questions

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please Contact Us.

Webkey LLC
P O Box 95533
Seattle WA 98145 USA

Thank you.