About Kmarks Web & Computer Solutions Full Service Digital company in Wetumpka, United States
There are countless web designers/developers you could choose across the nation or in the state of Alabama. So, why choose us? We have the experience and proven track record of providing top notch quality work for our clients. Businesses making use of o
EXPERIENCE MATTERS
Why Choose Us?
There are countless web designers/developers you could choose across the nation or in the state of Alabama. So why choose us? We have the experience and proven track record of providing top notch quality work for our clients. Businesses making use of our services are growing faster and hiring more people. Thats why we love working with small businesses and watching them grow.
To serve our clients with the best web and computer solutions that inspire growth and develop of their business. We will accomplish this by investing in our talents and community to delivering technically innovative products and extraordinary service.
Vision
© 2020 Kmarks LLC – All Rights Reserved | We Make it Simple to Do Business Online!
Kmarks Web amp; Computer Solutions believes that the establishment of trust and privacy is instrumental to the continued growth of the internet. We at Kmarks Web amp; Computer Solutions have created this privacy statement to demonstrate our corporate commitment to individual privacy. The policy is designed to assist you in understanding how we collect use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our services. By using Kmarks Web amp; Computer Solutions website you agree to the terms and conditions set forth below.
Kmarks Web amp; Computer Solutions collects personal information including without limitations name address e-mail address telephone demographic data and member identification number from its members and users. Kmarks Web amp; Computer Solutions may collect such personal information as part of the registration process for members or when members or users submit comments or other correspondence to Kmarks Web amp; Computer Solutions through its website or otherwise. Additionally Kmarks Web amp; Computer Solutions may collect personal information through its website by using cookies or other methods of monitoring web usage. We do not market sell or trade this information to any outside companies but collected information may be shared with our business partners. We may at times use the demographic information as a marketing or promotional tool. When we do that we will make sure it remains entirely anonymous.
Kmarks Web amp; Computer Solutions uses cookies to keep track of its members and users activity. The types of cookies we use do not ge stored on your computer rather they expire once the browser is closed.
Our access application TeamViewer includes full encryption based on RSA private-/public key exchange and AES (256 Bit) session encoding. In addition TeamViewer uses Partner-ID TeamViewer generates a session password that changes with every software start to provide additional security against unauthorized access to a remote system. Security relevant functions like file transfer require additional manual confirmation of the remote partner.
If you have questions concerning this policy please email us at [email protected].
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this ’Agreement’) is entered into by and between Kmarks Web amp; Computer Solutions an Alabama limited liability company (’Kmarks Web amp; Computer Solutions) and you and is made effective as of the date of your use of this website (’Site’) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively the ’Services’). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement the provisions of the applicable Services Agreement shall control.
The terms ’we’ ’us’ or ’our’ shall refer to Kmarks Web amp; Computer Solutions. The terms ’you’ ’your’ ’User’ or ’customer’ shall refer to any individual or entity who accepts this Agreement has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. MODIFICATION OF AGREEMENT SITE OR SERVICES
Kmarks Web amp; Computer Solutions may in its sole and absolute discretion change or modify this Agreement and any policies or agreements which are incorporated herein at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised do not use (or continue to use) this Site or the Services. In addition Kmarks Web amp; Computer Solutions may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (’Account’) information current. Kmarks Web amp; Computer Solutions assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition Kmarks Web amp; Computer Solutions may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. KMARKS WEB amp; COMPUTER SOLUTIONS RESERVES THE RIGHT TO MODIFY CHANGE OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME AT ANY TIME.
3. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to individuals (’Users’) who can form legally binding contracts under applicable law. By using this Site or the Services you represent and warrant that you are (i) at least eighteen (18) years of age (ii) otherwise recognized as being able to form legally binding contracts under applicable law or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement in which case the terms ’you’ ’your’ ’User’ or ’customer’ shall refer to such corporate entity. If after your electronic acceptance of this Agreement Kmarks Web amp; Computer Solutions finds that you do not have the legal authority to bind such corporate entity you will be personally responsible for the obligations contained in this Agreement including but not limited to the payment obligations. Kmarks Web amp; Computer Solutions shall not be liable for any loss or damage resulting from Kmarks Web amp; Computer Solutionss reliance on any instruction notice document or communication reasonably believed by Kmarks Web amp; Computer Solutions to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction notice document or communication Kmarks Web amp; Computer Solutions reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you anyone acting as your agent and anyone who uses your account or the Services whether or not authorized by you.
4. YOUR ACCOUNT
In order to access some of the features of this Site or use some of the Services you will have to create an Account. You represent and warrant to Kmarks Web amp; Computer Solutions that all information you submit when you create your Account is accurate current and complete and that you will keep your Account information accurate current and complete. If Kmarks Web amp; Computer Solutions has reason to believe that your Account information is untrue inaccurate out-of-date or incomplete Kmarks Web amp; Computer Solutionsreserves the right in its sole and absolute discretion to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account whether authorized by you or not and you must keep your Account information secure including without limitation your customer number/login password Payment Method(s) (as defined below) and shopper PIN. For security purposes Kmarks Web amp; Computer Solutions recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Kmarks Web amp; Computer Solutions immediately of any breach of security or unauthorized use of your Account. Kmarks Web amp; Computer Solutions will not be liable for any loss you incur due to any unauthorized use of your Account. You however may be liable for any loss Kmarks Web amp; Computer Solutions or others incur caused by your Account whether caused by you or by an authorized person or by an unauthorized person.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
i. Your use of this Site and the Services including any content you submit will comply with this Agreement any applicable Services Agreement or policy that may apply to your Services and all applicable local state national and international laws rules and regulations.
ii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
iii. You will not use this Site or the Services in a manner (as determined by Kmarks Web amp; Computer Solutions in its sole and absolute discretion) that:
iv. You will not copy or distribute in any medium any part of this Site or the Services except where expressly authorized by Kmarks Web amp; Computer Solutions.
v. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
vi. You will not access Kmarks Web amp; Computer Solutions Content (as defined below) or User Content through any technology or means other than through this Site itself or as Kmarks Web amp; Computer Solutions may designate.
vii. You agree to back-up all of your User Content so that you can access and use it when needed. Kmarks Web amp; Computer Solutionsdoes not warrant that it backs-up any Account or User Content and you agree to accept as a risk the loss of any and all of your User Content.
viii. You will not re-sell or provide the Services for a commercial purpose including any of Kmarks Web amp; Computer Solutionss related technologies without Kmarks Web amp; Computer Solutionss express prior written consent.
ix. You will not to circumvent disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Kmarks Web amp; Computer Solutions Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site the Kmarks Web amp; Computer Solutions Content or the User Content therein.
x. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
xi. You are aware that Kmarks Web amp; Computer Solutions may from time-to-time call you about your account and that for the purposes of any and all such call(s) you may be subject to call recording and hereby consent to the same subject to any applicable laws and our restrictions and obligations thereunder including where permissible to record the entirety of such calls regardless of whether Kmarks Web amp; Computer Solutions asks you on any particular call for consent to record such call. You further acknowledge and agree that to the extent permitted by applicable law any such recording(s) may be submitted as evidence in any legal proceeding in which Kmarks Web amp; Computer Solutions is a party. Further by providing your telephone or mobile number you consent to receive marketing telephone calls from or on behalf of Kmarks Web amp; Computer Solutions that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Kmarks Web amp; Computer Solutions. Similarly by providing your mobile number you consent to receive marketing text messages from or on behalf of Kmarks Web amp; Computer Solutions that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Kmarks Web amp; Computer Solutions. Message and data rates may apply.
6. PROTECTION OF YOUR DATA
Kmarks Web amp; Computer Solutions offers certain hosted Services available to you that may involve the submission collection and/or use of personally identifying or identifiable information about you and your own customers (’Your Data’) in the course of your use of these Services (’Covered Services’). Your Data for the purpose of this Section excludes any User Content. Kmarks Web amp; Computer Solutionss Data Processing Addendum (’DPA’) which is hereby incorporated by reference and applicable to Covered Services is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data including transfers of Your Data from the EEA to the Covered Services meets with compliance under applicable data privacy laws.
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable) you (and your applicable affiliates) are considered the Data Controller/Data Exporter and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices as applicable). If you wish to print sign and return a physical copy of the DPA please send an email request to [email protected]
Covered Services as defined in this Section and in the DPA include hosted services that are subject to the terms and conditions of the following Agreements: (1) Domain Name Registration (2) Email Marketing Services (3) Website Builder (4) Hosting (5) Online Bookkeeping (6) Online Store/Quick Shopping Cart (7) Smartline and (8) Website Builder v7 Services.
7. USER CONTENT
Some of the features of this Site or the Services including those Services that are hosted with Kmarks Web amp; Computer Solutions may allow Users to view post publish share store or manage (a) ideas opinions recommendations or advice via forum posts content submitted in connection with a contest product reviews or recommendations or photos to be incorporated into a social media event or activity (’User Submissions’) or (b) literary artistic musical or other content including but not limited to photos and videos (together with User Submissions ’User Content’). All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or to or via the Services you represent and warrant to Kmarks Web amp; Computer Solutions that (i) you have all necessary rights to distribute User Content via this Site or via the Services either because you are the author of the User Content and have the right to distribute the same or because you have the appropriate distribution rights licenses consents and/or permissions to use in writing from the copyright or other owner of the User Content and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account and the consequences of and requirements for distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary do not establish a confidential relationship or obligate Kmarks Web amp; Computer Solutions to treat your User Submissions as confidential or secret that Kmarks Web amp; Computer Solutions has no obligation either express or implied to develop or use your User Submissions and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions and that Kmarks Web amp; Computer Solutions may be working on the same or similar content it may already know of such content from other sources it may simply wish to develop this (or similar) content on its own or it may have taken / will take some other action.
Kmarks Web amp; Computer Solutions shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose commercial or otherwise without acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services you authorize Kmarks Web amp; Computer Solutions to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Kmarks Web amp; Computer Solutions a worldwide non-exclusive royalty-free sublicensable (through multiple tiers) and transferable license to use reproduce distribute prepare derivative works of combine with other works display and perform your User Content in connection with this Site the Services and Kmarks Web amp; Computer Solutionss (and Kmarks Web amp; Computer Solutionss affiliates) business(es) including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind or permission or notification to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate ’private’ or ’password protected’) through this Site and to use reproduce distribute prepare derivative works of combine with other works display and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree however that Kmarks Web amp; Computer Solutions may retain (but not distribute display or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein Kmarks Web amp; Computer Solutions shall not use any User Content that has been designated ’private’ or ’password protected’ by you for the purpose of promoting this Site or Kmarks Web amp; Computer Solutionss (or Kmarks Web amp; Computer Solutionss affiliates) business(es). If you have a website or other content hosted by Kmarks Web amp; Computer Solutions you shall retain all of your ownership or licensed rights in User Content.
8. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures we shall use commercially reasonable efforts to attempt to provide this Site and the Serviceson a twenty-four (24) hours a day seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including but not limited to equipment malfunctions; periodic maintenance repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including but not limited to interruption or failure of telecommunication or digital transmission links hostile network attacks network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
9. PRODUCT CREDITS
In the event you are provided with a product credit (’Credit’) whether for redemption of the purchase of a specific product or for free with the purchase of another product (’Purchased Product’) you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted cancelled transferred or not renewed.The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed after the initial subscription period the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name if you cancel the Purchased Product the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Kmarks Web amp; Computer Solutionss website and is not subject to any promotion discount or other reduction in price. For Credits issues for free with another Purchased Product you acknowledge and agree that we may swap your Credit for a similar product in our sole discretion.
10. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Kmarks Web amp; Computer Solutions generally does not pre-screen User Content (whether posted to a website hosted by Kmarks Web amp; Computer Solutions or posted to this Site). However Kmarks Web amp; Computer Solutions reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Kmarks Web amp; Computer Solutionsmay remove any item of User Content (whether posted to a website hosted by Kmarks Web amp; Computer Solutions or posted to this Site) and/or terminate a Users access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement or for otherwise violating this Agreement (as determined by Kmarks Web amp; Computer Solutions in its sole and absolute discretion) at any time and without prior notice. Kmarks Web amp; Computer Solutions may also terminate a Users access to this Site or the Services found at this Site if Kmarks Web amp; Computer Solutions has reason to believe the User is a repeat offender. If Kmarks Web amp; Computer Solutions terminates your access to this Site or the Services found at this Site Kmarks Web amp; Computer Solutions may in its sole and absolute discretion remove and destroy any data and files stored by you on its servers.
11. DISCONTINUED SERVICES; END OF LIFE POLICY
Kmarks Web amp; Computer Solutions reserves the right to cease offering or providing any of the Services at any time for any or no reason and without prior notice. Although Kmarks Web amp; Computer Solutions makes great effort to maximize the lifespan of all its Services there are times when a Service we offer will be discontinued or reach its End-of-Life (’EOL’). If that is the case that product or service will no longer be supported by Kmarks Web amp; Computer Solutions in any way effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date or by entirely ceasing reliance on said Service before the EOL date. In either case Kmarks Web amp; Computer Solutions will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase a prorated in-store credit or a prorated refund to be determined by Kmarks Web amp; Computer Solutions in its sole and absolute discretion. Kmarks Web amp; Computer Solutions may with or without notice to you migrate you to the most up-to-date version of the Service if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Kmarks Web amp; Computer Solutions will not be liable to you or any third party for any modification suspension or discontinuance of any of the Services we may offer or facilitate access to.
12. FEES AND PAYMENTS
You acknowledge and agree that your Payment Method may be charged by one of our affiliated entities. If during your purchase your payment was identified as being processed in the United States your transaction will be processed by Wild West Domains LLC; if your payment was identified as being processed in Canada your transaction will be processed by Wild West Domains Canada Inc.; if your payment was identified as being processed in the United Kingdom your transaction will be processed by Europe Domains Hosting Services Ltd.; if your payment was identified as being processed in India your transaction will be processed by Universal Domains and Hosting Services India Pvt Ltd. If during your purchase your payment was identified as being processed in a country that is not listed above your transaction may be processed by an entity within the disclosed country that is affiliated with our local payment service provider and subject to the provisions of our Privacy Policy.
(A) GENERAL TERMS INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.
Price Changes. Kmarks Web amp; Computer Solutions reserves the right to change its prices and fees at any time and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years changes in prices and fees shall be effective when the Services in question come up for renewal as fur
To serve our clients with the best web and computer solutions that inspire growth and develop of their business.
