TERMS OF SERVICE

1. Scope of the Terms of Service

The Terms of Service define the terms under which KAYWA AG (“KAYWA”) provides services for its users (“user”) .

Users are all persons who possess their own weblog (“weblog author”) or who consume respectively comment them.

KAYWA reserves itself the right to update and change the Terms of Service without further notice or acceptance by the users. The Terms of Service can be viewed at any time at: http://www.kaywa.com/terms_of_service/terms_of_service.html.

To use the KAYWA weblogs, users must be at least 16 years old. The Terms of Service are also applicable to the use of the Service on a trial basis.

2. Description of Service

KAYWA provides its weblog authors with their own website, additional subdomain and hosting space according to the product they have chosen.

The upload of the digital content happens via webbrowser, mobile phone, pda or email of the user.

Everybody with internet access or a WAP2 mobile phone, can also comment (via trackbacks pingbacks, comments).

3. Contractual obligation on registration

The weblog author provides KAYWA with all necessary information, especially with a valid email address and/or his mobile phone number. In case of payment by invoice or credit card, this also applies for the address and the credit card details. The weblog author accepts the use of his email address for KAYWA’s information purposes concerning its service and its terms of service. The weblog author agrees to provide true, accurate, current and complete information about himself as prompted by the Service’s registration form.

The weblog author also agrees to maintain and promptly update the registration data in the administration area under author to keep it true, accurate, current and complete.

The weblog author agrees to maintain the confidentiality of the password and account and is fully responsible for all activities that occur under his password or account. The weblog author is liable for unauthorized uses of the KAYWA services, as long as it is his failure. If the weblog author knows, that a third party has knowledge of his password, he should immediately change it or – if this is not possible – inform KAYWA about it immediately.

4. Payment Terms

Billing by SMS

The defined rates apply. The amount due is directly billed via your telecom invoice. (this service only works in Switzerland right now).

Monthly fees are billed on a ongoing basis. To stop these and the service, you have to send an SMS to 201with the contents “KAYWA stop”. The Weblog account will be immediately closed respectively redirected to http://www.kaywa.com.

Billing by Invoice

The weblog author receives an invoice after opening up his account, which is payable in ten days (or in 30 days if so mentioned on the invoice). If the invoice isn’t paid during this period, the KAYWA weblog will be redirected on http://www.kaywa.com.

The weblog account and the data residing on it will be stored for another 30 days. Has the invoice been paid during this time period, KAYWA will reopen the account again.

After these 30 Days, the weblog account will be suspended and all data will be lost.

Payment for the service is billed on a annually basis and is non-refundable.

Billing by Credit Card

The credit card that weblog authors provide as part of the registration data will be automatically billed. All currency references are in swiss francs. Please note, unless KAYWA gives notice to the contrary, payment for the service is billed on a annually basis and is non-refundable.

5. Termination

If the weblog author cancels the service before the end of the term, his cancelation will take effect immediately. After cancelation, the weblog author will no longer have access to his website and all information contained therein may be deleted by KAYWA. KAYWA accepts no liability for such deleted information or content.

The payment of annually billed weblog accounts is non-refundable. The cancellation for the following year should arrive at least 30 days before the beginning of the next year. The cancellation must be in written form and arrive at the due date. It lies in the hands of the weblog author to provide KAYWA with this information at the right time. Else the service continues.

KAYWA may immediately terminate the service if the weblog author does not follow the terms of service or if he does something unlawful. The weblog author has to bear all costs which occur during such an instant dismissal.
Further, the weblog author agrees that all terminations for cause shall be made in KAYWA’s sole discretion and that KAYWA shall not be liable to the weblog author or any third-party for any termination of his account, any associated email address, or access to the Service.

6. Privacy Policy

KAYWA takes your privacy seriously. All personal data (telephone number, address) which you enter by signing up, as well as network data we gain by running the service, will not be given out to any third party.

For all information, which is made public by yourself, we exclude any liability.

7. Terms of Use

The weblog author is fully responsible for the content and the display of his weblog. He refrains from doing anything unlawful and/or not in accordance with the terms of service. All users commit themselves to follow the ethic and generally accepted rules of the internet community.

The user is fully responsible for his contents and will bear all costs, if KAYWA has costs due to the contents or presentation of the contents of a user. The user has to ensure that his use of the KAYWA weblog is lawful.

The user accepts to respect all national and international agreements and treaties especially concerning patents, trademarks, trade secrets, copyright, rights of privacy or publicity or any other proprietary rights of any party. The user agrees to never upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This applies especially to the circulation or linking or offering of pornographic and/or violent materials, incitement to crime of any kind and discrimination of any kind.

KAYWA is not bound to oversee and control the content of its users. The following is strictly forbidden on any weblog accout:

  • contents, which harm privacy rights (Swiss Law: StGB 179)
  • Racist and discriminatory contens (Swiss Law: StGB 261bis)
  • Contents which include violence (Swiss Law: StGB 135)
  • Incitement to violence (Swiss Law: StGB 259)
  • Pornographic Materials (Swiss Law: StGB 197)
  • Informations and data which harm Copyrights, Trademarks or any other proprietary rights

If KAYWA would gain knowledge of a such a case, KAYWA has the right to immediately terminate the business relationship and to block and/or erase the weblog account. Claims for compensation, as well as other legal mesures are reserved.

It is also forbidden to upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. KAYWA reserves itself the right, to deactivate any weblog account without warning, till the case is resolved.

For contents which need a lot of bandwith, like for example weblog accounts with legal file downloads, you have to get our approval.

8. Contents

The user assures that he has the full rights of all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials published on his weblog account. Therefore the user is solely and entirely responsible in any third party claim or demand. The user agrees to indemnify and hold KAYWA harmless from any such claim or demand.

KAYWA does not claim ownership of the content from its users. By submitting content on a KAYWA weblog account, the weblog author grants KAYWA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your weblog on KAYWA’s Internet properties. This license exists only for as long as your content is available on a KAYWA weblog account.

9. Liability

KAYWA will make reasonable efforts to maintain the service. The use of the weblog accounts is nevertheless at the sole risk of the user.

KAYWA does not warrant that the service will be uninterrupted, timely, secure or error-free. KAYWA is not responsible for any damage which has been caused by third parties (virus, hacking etc.). The information provided by the user as well as the claims by any third party lies only within the responsibility of the user. KAYWA is also not responsible for any other damage (problems occuring during data transmissions, loss of data, customer information or vendor data, etc.).

KAYWA is not liable in case of access or transmission problems occuring with a third party (for example Swisscom, Sunrise etc.) or due to force majeure, repairs, maintenance or introduction of new technologies.

KAYWA could only made responsible in an act of gross negligence by KAYWA itself. The gross negligence has to be proven by the party which will make the claim. The liability is maximum the price of a weblog account for one year.

KAYWA reserves itself the right to sue for damages all users which misuse data or use it for a criminal purpose, hack or attack the KAYWA infrastructure. KAYWA reserves itself also the right to sue all users who disrespect the rules in this terms of service.

10. In case of dysfunctions

To help our users, KAYWA created an email support. As a general rule, you can use the product name and add “@kaywa.com”.

Examples:
moblogger@kaywa.com
premium@kaywa.com

For more general questions, you can send an email to support@kaywa.com.

In case of dysfunctions, KAYWA tries to act as quickly as possible. No claims can be made, if the service is temporarily unavailable due to dysfunctions, repairs, introduction or installation of new technologies or similar cases.

If there are special requirements concerning the availability of the service, they have to be arranged in a separate Service Level Agreement (SLA).

11. Invalidity of parts of the terms of service

Should parts of this terms of service be effectless or be considered void or invalid, other parts should not be touched by this. They remain intact and valid. The void or invalid parts have to be replaced by similar, legally valid terms.

12. Place of jurisdiction

This terms of service are governed by Swiss law. The place of jurisdiction is Zürich. KAYWA has however the right to sue a user at any legal venue.