Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Kathmandu infosys, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your kiec.edu.np Account.
- Responsibility of Contributors.
- Payment and Renewal.
- Responsibility of Website Visitors
- Content Posted on Other Websites
- Copyright Infringement and DMCA Policy.
- Intellectual Property.
- Disclaimer of Warranties
- Limitation of Liability
- General Representation and Warranty.
- California Online Privacy Protection Act
- COPPA (Children Online Privacy Protection Act)
- Fair Information Practices
- CAN SPAM Act
- Google Analytics and Remarketing.
Your kiec.edu.np Account.
If you create an account on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Kathmandu infosys may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Kathmandu infosys liability. You must immediately notify Kathmandu infosys of any unauthorized uses of your blog, your account or any other breaches of security. Kathmandu infosys will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Kathmandu infosys or otherwise.
By submitting Content to Kathmandu infosys for inclusion on your Website, you grant Kathmandu infosys 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 blog. If you delete Content, Kathmandu infosys will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Kathmandu infosys has the right (though not the obligation) to, in KIEC sole discretion (i) refuse or remove any content that, in KIEC reasonable opinion, violates any Kathmandu infosys policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in KIEC sole discretion. Kathmandu infosys will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Kathmandu infosys the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Kathmandu infosys before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Kathmandu infosys in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Kathmandu infosys the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Kathmandu infosys reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Kathmandu infosys.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Kathmandu infosys to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free kiec.edu.np services. All support will be provided in accordance with Kathmandu infosys standard services practices, procedures and policies.
Responsibility of Website Visitors
Kathmandu infosys has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Kathmandu infosys does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Kathmandu infosys disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which kiec.edu.np links, and that link to kiec.edu.np. Kathmandu infosys does not have any control over those non-Kathmandu infosys websites and webpages, and is not responsible for their contents or their use. By linking to a non-Kathmandu infosys website or webpage, Kathmandu infosys does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kathmandu infosys disclaims any responsibility for any harm resulting from your use of non-Kathmandu infosys websites and webpages.
Copyright Infringement and DMCA Policy.
As Kathmandu infosys asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by kiec.edu.np violates your copyright, you are encouraged to notify Kathmandu infosys in accordance with KIEC Digital Millennium Copyright Act (“DMCA”) Policy. Kathmandu infosys will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kathmandu infosys will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kathmandu infosys or others. In the case of such termination, Kathmandu infosys will have no obligation to provide a refund of any amounts previously paid to Kathmandu infosys.
This Agreement does not transfer from Kathmandu infosys to you any Kathmandu infosys or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kathmandu infosys. Kathmandu infosys, kiec.edu.np, the kiec.edu.np logo, and all other trademarks, service marks, graphics and logos used in connection with kiec.edu.np, or the Website are trademarks or registered trademarks of Kathmandu infosys or KIEC licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kathmandu infosys or third-party trademarks.
Kathmandu infosys reserves the right to display advertisements on your blog unless you have purchased an ad-free access.
Kathmandu infosys reserves the right to display attribution links such as ‘Blog at kiec.edu.np,’ theme author, and font attribution in the link you’ve shared or at the bookmarks.
Kathmandu infosys reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kathmandu infosys may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Kathmandu infosys may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your kiec.edu.np account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Kathmandu infosys if you materially breach this Agreement and fail to cure such breach within thirty (30) days from KIEC notice to you thereof; provided that, Kathmandu infosys can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Kathmandu infosys and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kathmandu infosys nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Kathmandu infosys, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Kathmandu infosys under this agreement during the twelve (12) month period prior to the cause of action. Kathmandu infosys shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Kathmandu infosys, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
California Online Privacy Protection Act
• By chatting with us or by sending us a support ticket
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:We will notify you via email• Within 7 business daysWe will notify the users via in-site notification
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at email@example.com• Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.
Google Analytics and Remarketing
We use a service provided by Google called Google Analytics (GA). GA permits us to reach people who have previously visited our site, and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network. This is often called ‘remarketing’.
Cookies can be used to track your session on our website, to serve customized ads from Google and other third party vendors. When you visit this website, you may view advertisements posted on the site by Google or other third parties. Through first-party and third party cookies, these third parties may collect information about you while you are visiting this website and other websites. They may use this data to show you advertisements on this website and across the Internet based on your prior visits to this website and elsewhere on the Internet. We do not collect this information or control the content of the advertisements that you will see.
This Agreement constitutes the entire agreement between Kathmandu infosys and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kathmandu infosys, or by the posting by Kathmandu infosys of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Kathmandu, Nepal, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dillibazar, Kathmandu, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kathmandu infosys may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.