Terms of Service (for individuals)
Note on Applicability
There are two types of Keepsite account. One is ‘Individual Account’ and the other is the ‘Organisation Account.’ This Terms of Service (TOS) is relevant only for Individual Keepsite accouts and is NOT relevant for organisations. Keepsite’s relationship with organisations is via contract outside this TOS. However any individual user account created regardless of whether or not an individual belongs to a paying or non-paying organisation is to be bound by these TOS.
Acceptance of Terms
Before you register with Keepsite, you must read and agree to these Terms of Service (‘TOS’). The following TOS are between you and Keepsite Ltd and constitute a legal agreement that governs your use of the Keepsite service and website (collectively referred to as the ‘Service’). By using the Service, you are agreeing to be bound by the following terms and conditions of these TOS.
Keepsite may update or change the TOS from time to time without notice but will inform you when it does so and prompt you to review and accept or decline. Any new features that augment or enhance the current Service shall be subject to the TOS. Acceptance will of course constitute your consent to such changes. You can always review the TOS at: https://keepsite.com/.
You agree that Keepsite may terminate your account and access to the Service should you violate any of the TOS.
KEEPSITE prohibits conduct and Content on the Service that fails to comply with these TOS, you understand and agree that KEEPSITE cannot be responsible for the Content posted on the Service and you risk being exposed to such materials. “Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.
Description of the Service
The Service is a web-based project management application from KEEPSITE that is made available on an “AS IS” and “AS AVAILABLE” basis. KEEPSITE uses or may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You assume all risks associated with your use of the Service.
KEEPSITE will provide technical or other support for the Service via e-mail and through the built-in support ticket function only, if you have questions or concerns of this nature, please use the support ticket system or contact us at firstname.lastname@example.org.
Modifications to the Service
KEEPSITE reserves the right, at any time or from time to time, to modify, suspend or discontinue the Service (or any part thereof), temporarily or permanently, for any reason, with or without notice to you. Keepsite warrants that it will, in the event of discontinued service, make all client data available to the client. KEEPSITE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that KEEPSITE has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future.
As part of using the Service, KEEPSITE will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that KEEPSITE will be free to use any feedback you provide for any purpose, unless otherwise provided in writing, without obligation.
Limitations on Use
KEEPSITE may impose certain limitations on the use of the Service, including, but not limited to restricting the number of accounts you may register. You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. KEEPSITE reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service, or any portion thereof, for any purpose.
Your Keepsite Account
To sign in and activate the Service, you must create an account if you don’t already have one. To complete the sign up process, you must provide your legal full name, a valid e-mail address, and provide any other information requested. Your login may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Please choose a strong password and do not reveal it to others. KEEPSITE cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 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).
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).
You understand that all Content on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not KEEPSITE, are solely responsible for any Content you upload, download, post, e-mail, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. KEEPSITE does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You acknowledge that KEEPSITE is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
Access to Your Account and Content
You acknowledge and agree that KEEPSITE may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of KEEPSITE, its users or the public as required or permitted by law.
Legal Authority and Your Conduct
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Service to:
- upload, download, post, e-mail, transmit, store, or otherwise distribute any Content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, harmful, tortious, libelous, violent, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or is otherwise objectionable as reasonably determined by KEEPSITE;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another Keepsite subscriber, an KEEPSITE employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (KEEPSITE reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, SMSs, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- forge any TCP-IP packet header or any part of the header information in an e-mail or a posting, or otherwise put information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (‘spoofing’);
- modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or KEEPSITE;
- upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Violation of any of the foregoing may result in immediate termination of your ability to access and use the Service, and may subject you to state and federal penalties and other legal consequences. By accepting these TOS you represent that you understand and agree to the foregoing.
Payment, Refunds, Upgrading and Downgrading Terms
Keepsite is free for individual users and no credit card is required to hold and maintain a personal account.
Until further notice, payment for the Keepsite platform beyond the individual user account (that is, on an organisation basis) is by negotiation and will be subject to the financial agreement reached between Keepsite and the organisation in question. There is no facility to pay for the service via the website. Individuals can, without charge, create and administer their own individual user account from within the platform.
Cancellation and Termination
You are solely responsible for cancelling your own user account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings tab and then clicking on the “close account” link in the admin section. Closing your account deactivates your account. Once your account is deactivated, you cannot use the Service, but you can still access your account for up to ninety (90) days. All of your Content will be deleted from the Service ninety (90) days following deactivation of your account. This information can not be recovered after it has been deleted. To reactivate your account during this ninety (90) day period, contact us at email@example.com
KEEPSITE, 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 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. We reserve the right to refuse service to anyone for any reason at any time.
Intellectual Property Rights
You acknowledge that KEEPSITE owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by UK, EU, US, and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
KEEPSITE claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you set your pages to be shared publicly, you agree to allow others to view and share your Content.
By participating in projects from your personal account, information that you upload to the project will be shared with anyone who is granted access to that project. You agree to allow others to view and share your Content within the bounds of the Keepsite service permissions management system. These permissions are customised on any project according to an individual’s classification as a certain type of user. Different users levels have different permissions. When your personal Keepsite account is ‘linked’ with a project for the purpose of participating in that project, some of your personal information will be shared and made public according to these defined user permissions. Your user permissions are not set through your individual account but are set by any given project’s administrator/s. As such, what is shared and what your access is will vary from project to project. Your participation in a project is via direct request from a projects administrator and your and you have the opportunity to choose to participate or not in any given project, at your discretion.
Warranties and Liability
KEEPSITE does not warrant that: (i) the Service will meet your requirements or expectations; (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (iii) bugs or errors will be corrected; (iv) that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss; and (iv) the results that may be obtained from or the mathematical calculations performed by the Service will be accurate or reliable. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. No advice or information, whether oral or written, obtained by you from KEEPSITE or through or from the Service shall create any warranty not expressly stated in the TOS. You expressly understand and agree that KEEPSITE 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 KEEPSITE has been advised of the possibility of such damages), resulting from: (i) your usage of 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. You expressly agree that KEEPSITE’s liability shall be limited to the amount of funds you have paid for your subscription.
You agree to hold harmless and indemnify KEEPSITE, and its affiliates, officers, members, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service or any violation by you of these TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and Solicitors’ fees, of every kind and nature. In such a case, KEEPSITE will provide you with written notice of such claim, suit or action. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.
KEEPSITE may provide you with notices regarding the Service, including changes to these TOS, by e-mail, regular mail, or by postings on its website and/or the Service.
Any litigation or other dispute resolution between you and KEEPSITE arising out of or relating to these TOS or your use of the Service will fall under the Laws of England (English Law), and you and KEEPSITE hereby consent to the personal jurisdiction of and exclusive venue with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of England. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
These TOS constitutes the entire agreement between you and KEEPSITE and govern your use of the Service, superseding any prior agreements between you and KEEPSITE (including, but not limited to, any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of KEEPSITE to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact KEEPSITE at firstname.lastname@example.org.