Terms of Service
L i N K393.net
This Master Services Agreement (the “Agreement”)
contains the complete terms and conditions
applicable to your subscription to the
Web hosting provided by L i N K393 LLC,
as specified in the Service Level Agreement
(the “SLA”). By clicking on the “Submit
Order” button, you acknowledge that you
have read and agree to the entire terms
and conditions contained herein and all
policies posted on the L i N K393 website.
Service Level Agreement
L i N K393, LLC agrees to provide Customer
the Services listed on the Service Order
in accordance with the terms contained
in this Master Services Agreement and
the policies posted on the L i N K393 website.
Any additional Services subsequently ordered
shall be governed by the terms of this
Agreement. L i N K393, LLC shall provide
Customer with Services in accordance with
service levels set forth below. Shared
Hosting plans include the cPanel control
panel. Sub-domains and add-on domains
are included. Shared Hosting plans also
include E-mail (POP, IMAP, and Webmail),
MySQL database, FTP access, FrontPage
support, PHP, Perl
and CGI-bin for scripting. Linux plans
provide Spam filtering. Shared Hosting
servers are fully managed and monitored,
with L i N K393, LLC responsible for server
administration and maintenance. However,
support is not provided for third party
applications or custom scripts that the
customer may be using. L i N K393, LLC
guarantees 99.99% network uptime.
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Support
L i N K393, LLC provides Clients with
Technical Support 24/7/365 via its online
website. Application Support, L i N K393,
LLC offers technological expertise pertaining
to our hosting services, but not web development,
application development or consulting.
As such, L i N K393, LLC does not guarantee
assistance with issues including, but
not limited to: Custom configuration and
detailed usability questions about included
third party features including control
panel, database, and email applications.
Questions related to a third party product
or script that the client introduces to
the server. These questions must be directed
to the third party vendor or creator of
the script. Programs not created or programmed
by L i N K393, LLC cannot fulfill programming
and/or debugging requests not created
or programmed by L i N K393, LLC staff.
L i N K393, LLC may perform ‘best effort’
support for programming issues related
to programming done by our staff or initial
installation and configuration.
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Monitoring Services
L i N K393, LLC provides a variety of
monitoring services, so communication
with customers may be necessary and/or
part of a paid service. The customer is
responsible for informing L i N K393,
LLC of contact changes, such as e-mail
address, phone numbers, and password changes
as appropriate. Services requiring action
by L i N K393, LLC / Root password Clients
subscribing to such services must ensure
that their current root password is on
record at all times. Frequent monitoring
notifications should an ongoing problem
result in a high frequency of monitoring
notifications, L i N K393, LLC will work
directly with Client to resolve the issue.
L i N K393, LLC may recommend that Client
take specific action to resolve the issue
so that it does not impact our ability
to effectively support other Clients.
Should you choose not to follow our recommendation
, L i N K393, LLC reserves the right to
discontinue monitoring services.
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Virtual Security
Virtual Security L i N K393, LLC offers
email filtering and services designed
to help prevent virus infection. However,
these services do not guarantee protection
against all viruses. The proliferation
of viruses on the Internet cannot be directly
controlled. Therefore, L i N K393, LLC
cannot be held responsible for virus infections
that may occur. L i N K393, LLC also reserves
the right to remove or disable third party
applications that pose a security risk
to its Shared Servers. Shared Hosting
are responsible for maintaining the security
of passwords corresponding to their account(s).
L i N K393, LLC is not responsible for
security breaches resulting from compromised
passwords. Clients purchasing ‘managed
services’ will receive the level of support
specified in the terms defined by the
product. The Client is responsible for
maintaining services running on the server
unless otherwise specified by additional
service or support agreements. Privacy
Policy Protecting your privacy is very
important to L i N K393, LLC, so we operate
our website under specific guidelines
to safeguard your personally identifiable
information.
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Term By submitting the order
Customer hereby agrees to be bound by
the service term selected on the online
order form or via applicable promotional
codes. This Agreement begins on the date
you register for the Services and shall
continue in effect on a month-to-month
basis from the first of each month to
the end of each month unless otherwise
specified by separate agreement (the “Term”).
Termination must be in accordance with
the provisions of this Agreement.
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Terms of Payment
During the term of this Agreement, Client
will pay L i N K393, LLC the fees and
charges for the Services ordered. All
amounts shall be paid in U.S. dollars
and L i N K393, LLC shall either: L i
N K393, LLC will deliver by e-mail an
invoice to the Client in accordance with
the applicable Service Fees for the current
month. Invoices are due upon receipt.
Delinquency L i N K393, LLC shall be entitled
to immediately terminate this Agreement
for Client’s failure to make timely payments.
For further information, see Late Payments.
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Fees and Reinstatement
If service begins after the First of the
month, fees will be pro-rated for the
remaining days of the month. Late Payments
not received within fifteen
(15) days of the invoice date, will be
assessed a late fee of ten percent (10%)
per month or the highest rate allowed
by applicable law. Accounts with balances
45 days past due are delinquent and eligible
for discontinuation without further notice.
Delinquent accounts require full payment
to return to good standing. Accounts that
are not paid within 10 days of discontinuation
are subject to immediate termination.
Returned Item Fee Accounts with returned
checks and/or e-checks will be assessed
a $25.00 returned item fee. L i N K393,
LLC shall have the right at any time,
to invoice to customer any new or increased
taxes, fees, assessments, or other charges
imposed or required by any governmental
agency. Client will indemnify and hold
harmless L i N K393, LLC from any and
all taxes associated with or arising from
Client’s use of the Services. These include
any penalties and interest as well as
any costs associated with the collection
or withholding thereof. If L i N K393,
LLC suspends an account for non-payment,
Client shall be allowed to reinstate use
of the Services within ten (10) business
days upon approval and full payment of
balances due. A re-instatement fee of
$25.00 will apply.
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Termination and Cancellation
Either party will have the right to terminate
this Agreement upon notice to the other
party. If Client is terminating this Agreement,
Client must submit their cancellation
in writing. All Cancellation requests
must be received Five (5) days prior to
the cancellation effective date (end of
current cycle date). Cancellation requests
must be made via submission of a written
support request in your control panel
for your domain. If a Client terminates
their account, L i N K393, LLC will disable
the server/account on the day the Client
specifies. It is the responsibility of
the Client to remove any data off the
server prior to the date provided in their
cancellation notice. L i N K393, LLC will
not maintain an archival copy of the Clients
data files. No service charge refunds
will be given if Client chooses a date
before the end of the current billing
cycle (end of the month). If Client terminates
this Agreement, you shall be responsible
for any outstanding fees owed and agrees
to pay any and all fees incurred by Client.
For Services provided on a monthly basis,
Client will be responsible for Service
Fees incurred each month, regardless of
when Client provides notice of termination.
Discount/Prepaid Accounts if Client has
agreed to a specific term in exchange
for a discount of fees and/or has pre-paid
L i N K393, LLC for such Services, no
refunds will be issued, even if cancelled
before the pre-paid term ends.
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Client Liability and Indemnification
The parties agree that in no event shall
L i N K393, LLC be liable to any third
party for Client’s breach or alleged breach
of any of the terms and conditions set
forth in this Agreement. Client agrees
to defend, indemnify, and hold harmless
L i N K393, LLC from any and all expenses,
losses, liabilities, damages, or third
party claims resulting from Client’s breach
or alleged breach of any Client obligations
set forth hereunder. Customer shall pay
to L i N K393, LLC all expenses incurred
by L i N K393, LLC in exercising any of
its rights under this Agreement or applicable
law with respect to a Payment Default
or other breach by Customer, including,
but not limited to, reasonable attorneys’
fees and the fees of any collection agency
retained by L i N K393, LLC. In any legal
proceeding between the parties under this
Agreement, the prevailing party shall
be entitled to recover its costs, expenses
and reasonable attorney’s fees.
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Client Content
Client agrees that it will not distribute,
electronically transmit, or display any
materials to or from any L i N K393, LLC
server which: Violate any state, federal,
or international laws or regulations Infringe
on any intellectual property rights (e.g.
copyright, trademark, patent, or other
proprietary rights) of L i N K393, LLC
or any third party; Are defamatory, slanderous
or libelous; Are threatening or harassing;
Are discriminatory based on gender, race,
or age; Promote hate or violence; Violates
any L i N K393, LLC policy posted on the
L i N K393, LLC site including, but not
limited to those listed in our Terms of
service (TOS); Contain viruses or other
computer programming defects which result
in damage to L i N K393, LLC or any third
party; or Are considered spam. Nor may you stream any video or audio under a shared hosting plan.
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Acceptable Use Policy
L i N K393, LLC provides the Services
exclusively and makes no effort to edit,
control, monitor or restrict the content
of data other than as necessary to provide
such services. However, certain activities
are prohibited or restricted by L i N
K393, LLC. For details, please read our
Acceptable Use Policy, as use of our services
constitutes acceptance of this policy.
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Licensed Software Only
Client agrees to use only properly licensed
third party software or open source software
in connection with clients use of the
Services.
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Backup Files and Processing
L i N K393, LLC will disclose the terms
of service directly to Clients subscribing
to backup processing Services. For a minimal
fee, Shared Hosting Clients can request
restoration of files automatically archived
by L i N K393, LLC. However, L i N K393,
LLC does not guarantee the existence,
accuracy, or regularity of its backup
Services. Therefore, the Client is responsible
for backing up their files. We suggest
downloading a copy of data to a personal
computer or disk. L i N K393, LLC also
does not guarantee the accuracy and quality
of backup processes provided by third
party software, such as individual third
party control panels. Restoration Clients
requesting data restoration must provide
a listing of the directories and/or files
to be restored and the location that the
data should be returned to. Requests for
the restoration of database data will
result in the restoration of the database
in its entirety. After restoration, it
is the Client’s responsibility to verify
the accuracy of the data and take any
further actions necessary for the data
to be usable. For mission critical data,
L i N K393, LLC highly recommends higher
quality off-server backup services as
well as periodic local backups.
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Disclaimer of Warranty
THE SERVICES AND THE L i N K393, LLC SITE
ARE PROVIDED TO CLIENT ON AN “AS IS” BASIS
AND WITHOUT WARRANTY OF ANY KIND, INCLUDING
WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES
DISPLAYED OR OFFERED ON THE L i N K393,
LLC SITE, ALL TEXT, GRAPHICS, LINKS AND
APPLICATIONS. L i N K393, LLC DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO EACH OF THE FORGOING, WITHOUT
LIMITATION: ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICUALAR PURPOSE, NON-INFRINGEMENT
OR ARISING UNDER FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, L i N K393, LLC SPECIFICALLY
DISCLAIMMS ANY WARRANTY THAT (1) THE SERVICES
WILL BE UNINTERUPTED OR ERROR-FREE; (2)
DEFECTS WILL BE CORRECTED; (3) THERE ARE
NO VIRUSES OR OTHER HARMFUL COMPONENTS,
AND (4) THE SECURITY METHODS EMPLOYED
WILL BE SUFFICIENT.
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Limitation of Liability
IN NO EVENT SHALL L i N K393, LLC BE LIABLE
FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, USE OF THE L i N K393 SITE OR
ANY DATA393 PRODUCTS OR SERVICES, OR FOR
ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH
THIS AGREEMENT OR IN CONNECTION WITH ANY
PRODUCTS OR SERVICES PROVIDED HEREUNDER.
IN NO EVENT SHALL L i N K393, LLC CUMULATIVE
LIABILITY EXCEED AN AMOUNT GREATER THAN
FIVE HUNDRED DOLLARS ($500 US). THE DISCLAIMER
OF WARRANTY AND LIMITATION OF LIABILITY
ARE MATERIAL TO THIS AGREEMENT.
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Miscellaneous Severability
If any of the provisions, or portions
thereof, of this Agreement are found to
be invalid under any applicable statute
or rule of law, then, that provision notwithstanding,
this Agreement shall remain in full force
and effect and such provisions or portions
thereof shall be deemed omitted. Integration
This Agreement, including the Exhibits,
attachments, and/or any addenda, represents
the entire agreement of the parties with
respect of the subject matter hereof and
supercedes all prior and/or contemporaneous
agreements or understandings, written
or oral between the parties. No obligations
beyond those set forth in this Agreement
shall be assumed.
