This Terms of Service Policy (“Policy”) is a binding agreement between Link Tech Computer Services. (“we” or “us”) and you [hereinafter “you” or “customer(s)”]. You understand and agree that your use of and access to the Internet hosting and related services (“Services”) and the network and host computers (“Network”) that we, our affiliates and/or subcontractors operate, are conditioned upon your full compliance with the terms of this Policy.
We may modify this Policy as well as modify Services. Your continued use of the Services after we post the modified Policy indicates your acceptance of the modified Policy. Therefore, you are encouraged to review this Policy on a regular basis, which is located at: http://www.linktechcomputerServices.com/terms.htm
Right of Termination
If any customer account is involved in a violation of this Policy, or if we reasonably anticipate such a violation, we reserve the right, at our option, to suspend or terminate use of and access to the Services and Network without notice. The key contributing factors affecting our actions taken on Policy violations include, but are not limited to, protection of our customers and our resources, provision of quality service to our customers, compliance with applicable law, and the protection of our reputation as a service provider.
Re-Establishing an Account
In the event that an account is deactivated or cancelled as a result of any activities in violation of this Policy, the account may be subject to set-up fees, reactivation charges, deposit requirements and/or other restrictions to be determined by us if such account is permitted to be re-activated or re-established.
Services Agreement, Utilization and Account Sharing
Your use of the Services is also subject to other applicable agreements, including, without limitation, the Services Agreement. Bandwidth and disk utilization will be computed in accordance with those relevant agreements. In the event we determine that any account is exceeding the relevant bandwidth or disk utilization, the customer will generally be notified by e-mail. If the excess use continues after such notification, the customer may be requested to upgrade the account under the Services Agreement or to modify the activity creating the excess use, or otherwise risk account termination.
Each customer may only use those Services and portion of the Network which have been authorized for customer’s use. If access is protected by a password, customers are not to make this password available to others or use the password(s) of others to gain access to such areas. Account sharing (other than as expressly permitted in the applicable Services Agreement) is strictly prohibited. Accounts which have been transferred to other parties, or which show other activity in violation of this condition, may be terminated without notice.
By accessing and using the Services and Network, you represent, covenant and warrant that all information, data and materials hosted on and/or transmitted through the Network do not and will not violate any law or infringe upon any legal rights. Furthermore, you agree not to engage, or assist any others to engage, in using the Service and/or Network in connection with any illegal purpose including, but no limited to:
(i) Attempting to interfere with or compromise the operation of the Network in whole or part, with any of the equipment comprising the Network, or intercepting, redirecting or interfering with messages or data intended for transfer to other parties;
(ii) Accessing without authorization any computers, accounts or networks or attempting to penetrate security measures (a/k/a “hacking”), and any other activity that might be used to attempt to penetrate a system (i.e., stealth scans or other information gathering activity).
(iii) Engaging in any activity, hosting or transmitting data or other material that infringes upon or misappropriates intellectual property rights, including, without limitation, copyright, trademark, trade secret, patent, privacy or publicity, moral rights, or other personal or proprietary rights. This also includes deleting or falsifying any author ownership attributions, legal notices or designations of origin in a file that you host or transmit;
(iv) Permitting use of the Network in any manner to transmit or store libelous, slanderous or defamatory statements or otherwise statements that constitute false or misleading indications of origin or statements of fact;
(v) Permitting use of the Network as a means to threaten, harass, stalk, or otherwise violate the legal rights of others;
(vi) Hosting or transmitting, or distributing information regarding the creation and sending of, files that contain a virus, worm, Trojan Horse, pinging, floating, mail bombs or denial of service attacks;
(vii) Hosting, publishing, advertising, storing, posting, distributing or disseminating child pornography, obscene or other unlawful material or information;
(viii) Sending large volumes of unsolicited e-mails or materials, commercial or otherwise. This risks overloading our Network and has a negative impact on our customers and public image;
(ix) Violating any applicable federal, state, municipal, local or foreign laws, rules, or regulations;
(x) Advertising, transmitting or otherwise making available any software, program, product, information or service that is designed to violate this Policy, or otherwise engaging in activities, whether lawful or unlawful, that we determine to be harmful to customers, operations, reputation, goodwill, partners and/or affiliates.
Network Integrity and Content
We reserve the right to access a customer’s account to investigate and/or resolve any problems. In addition, you understand we will cooperate with the appropriate legal authorities or other parties in investigating claims of activity violating any law or this Policy.
No computer system can be completely protected or should be considered 100% safe from intrusion. E-mail and other data transmissions over the Internet may pass through many computer systems, and even with use of encryption such information is only as secure as the encryption method used.
We do not generally monitor the activity of accounts except to measure system utilization and accumulated billing records. The views and comments expressed by customers or others hosting or sending data through the Network are solely those of their authors and do not necessarily reflect any review, approval or endorsement by us. Customers acknowledge that we have no control over the individuals using the Internet and that we do not warrant that no one will infringe upon your materials hosted on or distributed through the Network. We are not responsible for the content or tone of any e-mail or other transmissions, and customers and others should not expect that we will attempt to mediate or otherwise become involved in any disagreement or dispute between Internet users. However, we will cooperate with appropriate law enforcement agencies involved in investigating instances.
You agreed to defend, indemnify, save and hold us harmless and our parents, subsidiaries and affiliates, and providers (including, without limitation, Link Tech Computer Services, and its affiliates) and each of the foregoing party’s directors, officers, employees, agents, contractors, counsel, successors and assigns, from all liabilities, claims, awards, expenses, damages and judgments, including reasonable attorneys fees and cost that arise from your use or misuse of the Services and Network. This means you will pay for any people’s claims brought against us for which we believe you are responsible. We reserve the right, at its own expense, to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully and pay for the entire amount spent in asserting any defense.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND NETWORK IS SOLELY AT YOUR OWN RISK. THE SERVICES AND NETWORK ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. THE SERVICES AND NETWORK ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE EXPRESSLY DISCLAIMED). WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES AND NETWORK WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE, OUR, PARENTS, SUBSIDIARIES, AFFILIATES OR PROVIDERS (INCLUDING, WITHOUT LIMITATION, LINK TECH COMPUTER SERVICES AND ITS AFFILIATES), AND EACH OF THE FOREGOING PARTY’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, ADVISORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THE SERVICES OR NETWORK. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. REGARDLESS OF ANY DAMAGES THAT YOU INCUR FOR ANY REASON, THE ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS POLICY SHALL NOT EXCEED THE FEES PAID BY YOU PURSUANT TO THE SERVICES AGREEMENT (OR SUCH LESSER AMOUNT IF THE LESSER AMOUNT IS SET FORTH IN THE SERVICES AGREEMENT).
Applicable Law and General Terms
The Network has a substantial presence in Pinellas County, Florida, U.S.A. By using the Services and accessing the Network, you agree that the laws of the State of Florida and of the U.S.A. will govern all matters relating to your use of the Services and this Policy, without giving effect to any contrary conflicts of law principles. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts located in and for Pinellas County, Florida, U.S.A. The prevailing party in any action to interpret or enforce any part of this Policy shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief entitled to it. Any failure by us to enforce any of its rights under this Policy or applicable laws shall not constitute a waiver of such rights. If any provision of this Policy shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder. This Policy contains the entire agreement relating to the matters contained herein.