The BK Design Solutions commitment to our Subscribers’ privacy is set forth in this section. Except as required by law or as otherwise provided herein, BK Design Solutions will take commercially reasonable steps to ensure your right to privacy. BK Design Solutions is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
Encryption. Personal Data Transmissions are encrypted. All of Subscriber’s personal information is protected. BK Design Solutions uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.
Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with BK Design Solutions, subject to specific confidentiality agreements, BK Design Solutions will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
BK Design Solutions will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise BK Design Solutions’s legal rights or defend against legal claims. BK Design Solutions will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
USAGE POLICIES AND DEFINITIONS.
BK Design Solutions employs complex mechanisms to protect its Subscribers and systems from abuse. BK Design Solutions’s Subscribers are not allowed to unfairly or adversely impact the use of other Subscribers of the Services. BK Design Solutions specifically reserves the right to limit processor time, bandwidth, processes, or memory in cases where the amount of traffic a web site receives or on the amount of content a Subscriber uploads is unreasonable and in a manner necessary to prevent negatively impacting other Subscribers.
Breach of Terms and Account Termination. The uses of BK Design Solutions Services set forth in this section hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of BK Design Solutions) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice and without any refund.
Spamming. Spamming, whether or not it overloads the Services or disrupts service to BK Design Solutions’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. BK Design Solutions requires that all email messages contain an automated opt out . We do not allow purchased lists. BK Design Solutions’s Subscribers are required to follow our company spam rules. BK Design Solutions reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list.
Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. BK Design Solutions is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.
Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Export Control Violations. The exportation of encryption software outside of the Subscriber’s applicable territory and/or violations of the applicable law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside Subscriber’s applicable territory without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by Subscriber’s applicable territory law.
Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available pornography in any form is prohibited. BK Design Solutions is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities. The use of the Services to engage in any activity that is determined by BK Design Solutions, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. BK Design Solutions will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Other Activities. Using the Services in an unreasonable scope and for an unreasonable number of websites, or engaging in any activity that, in BK Design Solutions’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, BK Design Solutions’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of BK Design Solutions’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with BK Design Solutions in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
COPYRIGHT, TRADEMARK, AND NOTICE OF INFRINGEMENT INFORMATION.
In accordance with the applicable laws, BK Design Solutions has adopted a policy that provides for termination of websites that are found to infringe on copyrights, trademarks or other intellectual property rights of third parties (each an “IP Rights Holder”) If a IP Rights Holder believes that there has been a violation of his or her copyright on a website that is hosted by BK Design Solutions or a BK Design Solutions subsidiary, and the IP Rights Holder wants BK Design Solutions to remove the website or disable the material in question, BK Design Solutions will remove the website or disable the material if the IP Rights Holder provides us with all of the following information. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
TERM – PAYMENT.
Term of Service. The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth below.
Payment. Some services available via BK Design Solutions’s Website are currently provided free of charge through a closed BETA. BK Design Solutions may start charging for the Services or any part thereof at any time and at its sole discretion following a ninety (90) prior notice to its Subscribers (“Notice”). Upon receipt and electronic approval of Notice, Subscriber shall be required to agree to pay all applicable fees for Services in effect at the time of such notice and/or renewal, subject to these Terms as a pre condition for the continuance of access to its account and contents. Failure to agree to said Notice and provide accurate and valid billing information to BK Design Solutions within thirty (30) of receipt of said Notice shall result in suspension of the Subscriber’s account and following an additional thirty (30) days period, termination and removal thereof and all included content from BK Design Solutions’s systems and servers. Starting upon approval of the Notice and agreement to the terms thereof, Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services.
Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing BK Design Solutions Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.
Changes in Services. BK Design Solutions may amend or terminate any or all of the Services or any for any reason, at any time, including the availability of any feature or part of the Services at its sole discretion. BK Design Solutions may also impose limits on all or any of the Services or restrict access to parts or all of the Services without notice or liability. BK Design Solutions may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in the Services including such which have been created by users unless stated otherwise.
BETA version. The Services are provided as a closed BETA. The Services may contain software bugs, disruptions and fail to operate as intended or designed. Your use of the Services in BETA stage signifies your understanding and agreement to participate in the Service BETA.
Backups. For its own operational efficiencies and purposes, BK Design Solutions from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON BK Design Solutions SERVERS, AND under no circumstance will BK Design Solutions be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any BK Design Solutions server. BK Design Solutions will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason.
Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, BK Design Solutions does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if BK Design Solutions becomes aware of any violation of these Terms, BK Design Solutions may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via BK Design Solutions, and/or removing non-complying information. In addition, BK Design Solutions may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. BK Design Solutions reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. BK Design Solutions may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect BK Design Solutions or others from harm, and/or to ensure the proper operation of the Services. BK Design Solutions.com has no obligation to notify any person, including the Subscriber about whom information is sought, that BK Design Solutions has provided the information.
Reservation of Rights. BK Design Solutions reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s engagement with BK Design Solutions.
Severability. These Terms are binding upon BK Design Solutions, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
Governing Law. These Terms shall be governed by the laws of the State of Israel without reference to conflict of law principles. Subscriber agrees that all disputes, if any, involving BK Design Solutions shall be subject exclusively to the jurisdiction of the Courts within the District of Tel Aviv, Israel.
WARRANTY DISCLAIMER – LIMITATIONS – INDEMNIFICATION.
Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. BK Design Solutions HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY BK Design Solutions OR BK Design Solutions’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. BK Design Solutions DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. BK Design Solutions DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. BK Design Solutions DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR BK Design Solutions IN PARTICULAR.
Limitations on BK Design Solutions’s Liability. BK Design Solutions SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL BK Design Solutions BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT BK Design Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BK Design Solutions SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. BK Design Solutions’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL BK Design Solutions’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO BK Design Solutions FOR THE PRIOR ONE MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, BK Design Solutions’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
E-Commerce platform. BK Design Solutions may choose to make available to you an E- Commerce platform which may be utilized as part of the Services and the websites that you create. You acknowledge that the provisions of said E- Commerce platform are made only as part of the Services and shall not create any liability or responsibility on behalf of BK Design Solutions. It hereby specifically clarified that BK Design Solutions shall not be liable for any direct or indirect loss and/or damage that you or any third party may suffer in connection with the use of such E- Commerce platform and that you or any such third party irrevocably waive any claim and/or demand against BK Design Solutions in connection with such loss or damage.
Indemnification of BK Design Solutions. You, the Subscriber, agree to defend, indemnify and hold BK Design Solutions, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from BK Design Solutions’s own gross negligence or willful misconduct. BK Design Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO BK Design Solutions SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR BK Design Solutions ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.