1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

A. Permission is granted to temporarily download one copy of the materials (information or software) on RKS Web Designs web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to DE-compile or reverse engineer any software or source code owned, distributed, developed, sold, or contained on RKS Web Designs web site;
4. remove any copyright or other proprietary notations from the materials; or
5. Transfer the materials to another person or “mirror” the materials on any other server.
6. You may not reproduce the database portion or create any tables or reports relating to the database portion
7. You may NOT download any or all files of the Source Code from the server that RKS Web Designs installs the Club Membership System on. (All source code of the proprietary Software Product not being hosted on the servers of RKS Web Designs will be obfuscated, and will be fully functional).
   

B. Any violations of the “Single Use License” of the Club Membership System and policies in section 2 (A) of this Terms Of Service Agreement regarding the proprietary software of the Club Membership System is punishable by law.

3. Disclaimer

A. The materials or Software Products on RKS Web Designs web site are sold and provided “as is”. RKS Web Designs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further,RKS Web Designs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

B. RKS Web Designs uses a lot of open source software for websites, website add-ons for it websites. Although some of the Dating and Social Networking software has a license to purchase for this software. If you choose a software that requires a license for use, this license will be issued and registered to the owner of the Domain Name who purchased the software. RKS Web Designs does not charge more for any software than the original company charges for it, RKS Web Designs only charges a fee for the installation and configuration of said product(s).

C.  The Club Membership System (Web Based System) is proprietary software by RKS Web Designs. When you purchase a subscription to the system, you are purchasing a “Single Use License” of the proprietary software itself. All of the data about your members are your property. Please make sure you read the entire License agreement that comes with the system when you purchase a “Single Use License” (link can be found on the “Main Menu”) of the Club Membership System. You may also view a PDF (Portable File Document) on our website at http://rkswebdesigns.com/license.pdf. If hosted on other servers besides the servers of RKS Web Designs, we cannot guarantee that the system will function properly with other hosting companies and their servers. Some users may experience problems with certain aspects of the system if the server configuration is not up to date with the latest software specifications. We have posted some server specs to look for on the product page, and this does not guarantee that the system will perform flawlessly. Running the software on your own Domain Name and Server is your responsibility. RKS Web Designs is not responsible for server outages, server configuration errors or any kind of modification of the system by you or a third party.

D. Please refer to section 2 (A & B) of the Term of Service Agreement for RKS Web Designs pertaining to the “Single Use License” of the Club Membership System.

4. Limitations

In no event shall RKS Web Designs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on RKS Web Designs Internet site, even if RKS Web Designs or a RKS Web Designs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Warranties

RKS Web Designs makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by RKS Web Designs or its agents or employees shall create a warranty.RKS Web Designs provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall RKS Web Designs be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

5. Account Set-up

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

6. Content

All services provided by RKS Web Designs may only be used for lawful purposes. The laws of the State of South Carolina, and the United States of America apply.

The customer agrees to indemnify and hold harmless RKS Web Designs from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email support@rkswebdesigns.com with the information required.

We reserve the right to refuse service to anyone. Any material that, in our judgement, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our support department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at support@rkswebdesigns.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be deleted immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

7. Site Terms of Use Modifications

RKS Web Designs may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Identification

Account-Holder Identification Information You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply RKS Web Designs with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us or our payment partner(s), and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use. Website Hosting & Management Services reserves the right to refuse service to anyone without notice or reason.

9. Indemnification

Customer agrees that it shall defend, indemnify, save and hold RKS Web Designs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against RKS Web Designs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless RKS Web Designs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with RKS Web Designs; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from RKS Web Designs server.

10. Arbitration

By using any RKS Web Designs services, you agree to submit to binding arbitration. If any disputes or claims arise against RKS Web Designs or its subsidiaries, such disputes will be handled by an arbitrator of RKS Web Designs choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of South Carolina. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

11. Disclosure to law enforcement

RKS Web Designs may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

12. Governing Law

Any claim relating to RKS Web Designs web site shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.

These General Terms and Conditions are applicable to Use of this Web Site.

As of January 21 2012, we do charge a 3% convenience fee, this helps cover the credit card processing and merchant account fees.

Last Updated on Thursday, 22 March 2012
RKS Web Designs