Keyword Shack - Terms Of Service

Updated: May 24, 2009

Price of Service.

Keyword Shack reserves the right to change the pricing displayed on our website without any notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect. During the 30 days notice period, customers have the ability and right to unsubscribe to services before the new pricing takes effect. Customers who paid in advance will not be affected by the price change for the duration the paid for.
Keyword Shack is a subscription service. One month and three month length subscriptions are automatically renewed on the expiry date. On longer subscriptions you will be notified before the end of subscription. You have the ability to unsubscribe or cancel the automatic renewal at any time. Cancellations need to be made at least 3 day before the current subscription expiry date to avoid automatic renewal of your subscription.

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Modifications.

Keyword Shack reserves the right to make technical, interface and service changes at any time and without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or service following changes and modifications will constitute your binding acceptance.

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Notices and Email.

Notices shall be in the form of an email or an announcement post on the KeywordShack.com site. Every notice posted on the site or sent via email will be considered received after 48 hours.
By opening a Keyword Shack account you agree to receive emails related to the Keyword Shack service. You have the ability to unsubscribe at anytime.

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Service and Access.

Keyword Shack staff uses its best endeavors to make the Keyword Shack service and website available at all times, but cannot guarantee it will operate without interruptions or be error free. Keyword Shack wont be held liable for any cases of service or website unavailability. In cases where service is unavailable for 25% or more of the time in any one calendar month, the subscription prices will be waived for that month.
Access to password protected sections of the site is limited and can be accessed with a valid subscription only. A valid subscription is account based and is only valid per single user. Distribution or use of subscription login details to others is strictly prohibited and will result in cancellation of your account with no recourse or refund.
Automated solutions used to perform automated queries are prohibited. This includes, but not limited to: macros, software applications, online systems and any other agent other then a human user.
We reserve the right to refuse any order without supplying any reason for our refusal. In this case all payments for service that was not served would be refunded.

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Termination.

This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditors arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

You may terminate and cancel your service at any time.

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Warranty.

The Keyword Discovery service relies on data sourced from a number of providers, including 3rd party providers. We also endeavor to provide quality data and apply quality filters when applicable, but as a general guide we believe that pure data can be more valuable and be more representative. We can not accept liability for any cases of data skews and/or quality levels.

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Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned.

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Force Majeure.

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

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Inconsistent terms.

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

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Governing Law.

This Agreement shall be governed by Israeli law and the courts of Jerusalem shall have exclusive jurisdiction in connection herewith. Keyword Shack will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

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Privacy.

Keyword Shack reserves the right to collect and retain personal information about you that is in relation to your use of this service. This includes but not limited to: Name, Contact Details and Billing Details. You authorize us to use this data for marketing purposes for any other associated service.
Keyword Shack does not sell, provide, or disclose any personal information collected as part of your use of this service to 3rd parties.
We retain the right to monitor your usage of this service in real time so that we can determine the effectiveness of the system and to keep track of your search.

By accepting these terms and conditions, you agree to the use of your personal information as outlined above.

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