I. Introduction

This contract spells out what you can expect from Kanal, Inc., and what we expect from you.

If you have any questions about any part of the contract, please email us at contact@kanalinc.com. We will be glad to explain what these contract provisions mean for you and why they are important for our system. We can also be flexible if you can suggest a mutually satisfactory new approach.

Please remember that by visiting and using the services on our website, you are indicating that you accept this agreement.

In this agreement, we have referred to the Kanal, Inc. service as the "Service" or "System," to you as the "Client," collectively to you and others who have agreed to this document as "Clients," and to this contract as the "Agreement."

II. Relationship Between Kanal, Inc. And User

Kanal, Inc. is a holding company that leverages technology and proprietary processes in order to provide worldwide e-commerce and other Internet-based services across a diverse range of industry segments. It offers innovative and low-cost services to its Clients, which are individuals or companies striving to succeed in e-commerce or other Internet-based enterprises.

III. Client Guidelines

In order to maintain attractiveness and usefulness for all Clients, it is important that Clients follow certain guidelines and rules. Some of these rules are described in this contract, and the rest in bulletins posted on this page or emailed to Clients as necessary. Kanal, Inc. reserves the right to deny further access to its Service to any Client who violates these rules or is the subject of complaints by other Kanal, Inc. Clients, or for any other reason, specified or unspecified.

Clients may not engage in any of the following activities on our System or any third-party systems associated with or used by our website:

• do or say anything to injure or harm others
• display material containing nudity or pornographic material of any kind
• provide material that is grossly offensive to the online community, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
• defame any person or group
• display material that exploits children under 18 years of age
• violate the rights of another, including but not limited to the intellectual property rights of another (This includes using the Service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs; or any type of cracker utilities, including files which are solely intended for game emulation.)
• violate Internet standards
• use the Service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or torturous material, or for invading others' privacy
• interfere with or disrupt the Service, or servers or networks connected to the Service, by posting advertisements or links to competing services, or by transmitting junk mail, spam, chain letters, or other unsolicited mass email distributions
• promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual
• encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or crimes compromising the security of the Service
• attempt to gain access to System areas private to Kanal, Inc., or to other Clients.

IV. Confidentiality

Kanal, Inc. makes every effort to maintain the confidentiality of any information submitted by Clients. However, Kanal, Inc. is not responsible for the release of such information due to error or failure in the System.

V. Indemnification

The Client agrees that Kanal, Inc. is not responsible for any harm that this Service, or any content provided by this Service, may cause. The Client agrees to indemnify, defend, and hold Kanal, Inc. harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, or expenses arising from or in connection with the contents or use of the Service. The Client agrees that this defense and indemnity shall also apply to any breach by the Client of the Agreement or the foregoing representations, warranties, and covenants. The Client further agrees that this defense and indemnity shall include, without limitation, attorney fees and costs. The Client also agrees that this defense and indemnity shall apply to Kanal, Inc., its affiliates, directors, officers and employees. Kanal, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, and the Client shall not in any event settle any matter without the written consent of Kanal, Inc.

VI. Communications and Other Data

Kanal, Inc. is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other cause.

VII. Other Kanal, Inc. Rights

Kanal, Inc. also reserves the following rights:

VIII. Modifications to Terms of Service

Kanal, Inc. may change this Agreement at any time.

The Client will be notified of the change and will be responsible for promptly reading and complying with the new terms and conditions. Continued use of the service will indicate acceptance of the new terms and conditions.

IX. Modifications to Service

Kanal, Inc. reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the Client. The Client agrees that Kanal, Inc. shall not be liable to the Client or any third party for any modification or discontinuance of the Service. The Client acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Kanal, Inc. may immediately delete data and files in the Client's account and bar any further access to such files or the Service.

X. Kanal, Inc.'s Proprietary Rights

Kanal, Inc. owns certain parts and attributes of this System, including the “look and feel” of the System, the name of the System, contents of the System. This is not a complete list—other parts of the System are also Kanal, Inc. property. Contact Kanal, Inc. before copying anything from the System with plans of reproducing it or distributing it.

The Client acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design, other material contained in the Service, and information presented through the Service, are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The Client acknowledges and agrees that the Client is permitted to use this material and information only as expressly authorized by Kanal, Inc. or its Sponsors, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

XI. Disclaimer of Warranties and Limitation of Liability

A concern for Kanal, Inc., and for all operators of online systems, is that we might be held accountable for the wrongful actions of our Clients. Accordingly, we require all Clients to accept responsibility for their own acts, and to accept that an act by another Client that damages them must not be blamed on Kanal, Inc., but only on the other Client.

Although it is Kanal, Inc.'s goal to provide Clients with a reliable, quality system, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this Service available to Clients if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind. In order to continue offering and improving our service, Kanal, Inc. must deny any warranties on this service and insure that our liability for any problems connected with the use of our System is strictly limited.

These needs are accomplished by the following disclaimers:

Disclaimer of Warranties

THE CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Kanal, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Kanal, Inc. MAKES NO WARRANTY THAT THE SERVICE WILL MEET CLIENT'S REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES Kanal, Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Kanal, Inc. MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE CLIENT FROM Kanal, Inc. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

THE CLIENT AGREES THAT Kanal, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES; EVEN IF Kanal, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CLIENT FURTHER AGREES THAT Kanal, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR UNJUSTIFIED, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

XII. Arbitration

Any controversy or claim arising out of or relating to this Agreement or Kanal, Inc. Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered by any court having jurisdiction therein. Either the Client or Kanal, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York, necessary to protect the rights or property of the Client or Kanal, Inc. pending the completion of arbitration. This arbitration clause does not prohibit either Kanal, Inc. or the Client from seeking to have the arbitration dismissed or judicially terminated on the basis that the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed a court of general jurisdiction within New York City, New York.

XIII. General

This agreement (the Agreement) incorporates by reference our Privacy Policy and any notice by Kanal, Inc. contained in any of its Web site pages, and constitutes the entire understanding between the Client and Kanal, Inc. regarding the Client's relationship to our Service.

Clients can reach our Service from all fifty states and around the world. Each of these places has a different set of laws. Since Kanal, Inc. cannot monitor all these laws and their requirements, the Agreement and the relationship between the Client and Kanal, Inc. shall be governed by the laws of the State of New York without regard to its conflict-of-law provisions.

If Kanal, Inc. fails to exercise or enforce any right or provision of this Agreement, that failure shall not be construed as a waiver of the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. The Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

We appreciate your interest and support and we welcome you to our community!