Legal Policies/Agreements

General Terms of Service

Thank you for using our website. We look forward to building a long lasting relationship.

This is an agreement between LINK Host LTD and you, and is effective as of the date of your use of the above specified website ("Site"). It sets forth the general terms and conditions of your use of the Site and each product or service you purchase or access through this Site (each and together "Services"). Depending on the Services you have purchased certain additional provisions indicated below ("Service-Specific Provisions") may be included and applicable. These are in addition to (not in lieu of) these general terms and, together with any referenced agreements and policies, form an integral part of this Agreement. In the event of a conflict between any particular Service-Specific Provision and any particular provision of these General Terms, the additional Service-Specific Provisions shall control.

We are a British corporation located at: 4 Wadsworth Road, Perivale, UB6 7JJ, United Kingdom. Unless otherwise indicated, "we", "us" and "our" refer to LINK Host LTD and its brands, subsidiaries and sister companies (collectively, LINK Host LTD.). Our official details are:

Identification number: 12590213

VAT number: 17846 26724

We may refer to you using such terms as "you", "your", "customer", or "User". If you are acting on behalf of an entity, then "you" will refer to the entity and you represent and warrant to us that you have full authority to bind the entity to this Agreement. In any case "you" will also include any individual or entity who accepts this Agreement, uses the Site, acquires or uses Services, or acts on your behalf, whether or not authorized by you. It also includes anyone who has access to your account, which means that we will, without liability, rely on any action they take regarding your account. Please carefully guard your access credentials, including your passwords.

This Site and the Services are available only to individuals/entities who can form legally binding contracts under applicable law. By using this Site and/or Services, you are representing and warrantying to us that you are (1) at least of the age of majority; (2) able to form legally binding contracts under applicable law; and, (3) are not a person barred from purchasing or receiving Services under the laws of any applicable jurisdiction.

Your continuing to use the Site and/or any Services constitutes your acceptance of this Agreement. If you do not agree with the terms of this Agreement or any applicable Services Agreement you may not use the Site or Services.

1. Modification
You agree that we may modify this Agreement and/or the Services and any policies or agreements which are incorporated herein from time to time in our sole discretion. Such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. We may (but are not obligated to) occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information current. We assume no liability or responsibility for your failure to receive an email notification. It is important that you regularly review these Terms of Use.

2. Your account
You must create an Account in order to access some features of the Site or use some of the Services. You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You agree to notify us within five (5) business days if there has been a change in any previously provided information and your failure to do so will, at our election, be a material breach of this Agreement and we will thereafter have the absolute right, in our sole discretion, to terminate any Services and close your account. If we have reason to believe that any part of the Account information you provide is untrue, inaccurate, out-of-date or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs regarding your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), payment providers, and any password. For security purposes, we recommend that you use a secure password, change it regularly, and keep it secure and undisclosed. You must notify us immediately of any breach of security or unauthorized use of your Account. Notwithstanding your notification to us, we will not be liable for any loss you incur due to unauthorized use of your Account. You, however, may be liable for any loss to us or to others as a result of unauthorized use of your Account, regardless of the manner or means used by anyone to gain unauthorized access to your Account.

3. Privacy
Your privacy is important to us. Our Privacy Policy is incorporated within this Agreement. The Privacy Policy sets out your rights and our responsibilities with regard to your personal information.

4. General Rules of Conduct
4.1 You agree to use the Site and Services in compliance with this Agreement (and policies or agreements which are incorporated herein) and will not use, promote or encourage the use of the Site or Services:

  1. To collect or harvest, or permit others to collect or harvest, any content, whether or not containing non-public or personally identifiable informationn

  2. In a manner we determine is contrary to applicable laws, rules or regulations to which you or we may be bound.

  3. To engage in child pornography or exploitation of children.

  4. To engage in terrorism, violence against people, animals or property.

  5. To engage in any spam or other unsolicited bulk email, or computer or network hacking, cracking or denial of service attack.

  6. To interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization or to access at a level exceeding your authorization.

  7. In violation of the intellectual property rights of any person or entity.

  8. To violate the privacy or publicity rights of any person or entity.

  9. To breach any duty of confidentiality that you owe to any person or entity.

  10. To interfere with the operations of this Site or any Services.

  11. To create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication.

  12. To export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of any applicable jurisdiction without all required approvals, licenses and/or exemptions.

  13. To disseminate or install any virus, worm, bug, Trojan horse or other code, file, or program designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware or obtaining passwords or confidential information of any person or or entity.

4.2. Activities that violate or endanger system or network security are prohibited and may result in criminal and civil liability. Examples include, without limitation, unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, forging TCP-IP packet or other header information.

4.3. You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any content) or enforce limitations on the use of this Site or the Services found at this Site, or any content found therein.

4.4. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

4.5. You will not copy or distribute any part of this Site or the Services without our express written authorization.4.6.You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

4.7. You will not re-sell or provide the Services or related technologies for a commercial purpose, without our express written authorization.

4.8. You are aware that we may from time-to-time call or email you about your account, and that, for the purposes of training, technical compliance and as a part of our record keeping in providing Services that you request, any and all call(s) and emails may be recorded and retained. Subject to any applicable laws and our restrictions and obligations thereunder, as well as our Privacy Policy, you consent to such recording and our retention of such records for the period set out in our Privacy Policy. You further acknowledge and agree that, to the extent permitted by applicable law, we may submit any such recording(s) and emails (and other relevant documentation) in any legal proceeding in which we are a party.

4.9. Without limiting any of the rights set forth elsewhere in this Agreement, we expressly retain the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any user who engages in (1) any inappropriate or unlawful activities while using the Site or Services or (2) any activities which, in our sole discretion, constitute a violation of this Agreement or any Services Agreement.

In the event we, in our sole discretion determine you have, directly or indirectly, violated the provisions of this Section, we may, in addition to all other remedies, suspend or terminate your access and/or Services, without refund or liability.

5. Content monitoring;
Termination policyWe typically do not pre-screen or review content you may have posted on our Site or that is posted on a website hosted using our Services. However, we do reserve the right (but undertake no duty) to do so. If we review such content we may decide (in our sole discretion) that any such content is not appropriate and/or does not comply with this Agreement. In such a case we may, again in our sole discretion, take any action deemed appropriate, including, without limitation, removing any item we deem inappropriate and/or suspending or terminating your access to this Site or to all or any specific Service (including those not related to the content at issue). If we terminate your access to this Site or any Services, we may, in our sole and absolute discretion, remove and destroy any data and files associated with the Service, including, without limitation, that stored by you on any servers. No refunds are provided if we limit, suspend or terminate your Account/Services for violations of this Agreement.

6. Storage, Backups and Security
6.1. You agree to back-up all content you publish or store using our Site or Services so that you can access and use it when needed. We do not warrant that we back-up any account or data you may publish or store using our Site or Services, and you agree to accept as a risk the loss of any and all of your content. Backup Services may be provided as a cloud based solution and your data may be stored in one or more server locations inside or outside Europe. You may subscribe to our Backup Services, in which case other terms may apply.

6.2. You are solely responsible for all acts, omissions and use undertaken and charges incurred with your account or password or in connection with the Site or any Services, including any content displayed, linked, transmitted through or stored using our Site or Services. It is your sole responsibility to:

  1. prevent any loss or damage to your content.

  2. maintain independent archival and backup copies of your content

  3. ensure the security, confidentiality and integrity of your account and access to any content you provide or store using our Site or Services, including content transmitted through or stored on any servers.

  4. ensure the confidentiality of your password(s).

6.3. We do not undertake to archive our Site or Services and we shall have no liability to you or any other person for loss, damage or destruction of any content you may provide, publish or store using our Site or Services. Our services are not intended to provide a PCI (Payment Card Industry) compliant environment and should not be utilized for such activities.

7. Non-exclusive License
Any content or software made available to you by way of a non-exclusive, non-transferable license for your personal use only in connection with Services you have purchased from us and only for as long as your subscription remains valid.

Any content or software, together with any copyright and other intellectual property rights embodied therein, are owned by us or by a third party from whom we have licensed same. Such content and software was not (and is not) sold nor distributed to you. We (or our licensee) reserve all rights to the software. Any license granted to you is a limited, non-exclusive, non-transferable and non-assignable license to use the software for such purposes as are ordinary and customary and consistent with the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on any content or software. You may use the software on any single computer but may not use it on multiple computer devices simultaneously. You agree to not reverse engineer, decompile (or otherwise attempt to discover the source code), alter or modify the software. You agree you are not authorized to (and will not) combine the software with any other software program, create derivative works based upon the software and are not authorized to integrate any plug-in or enhancement which uses or relies upon the software except those we provide to you for such use. You acknowledge and agree that your use of content or software that is owned or controlled by third parties is subject to our agreement(s) with the third-party providers. If this Agreement or our Site requires or requests that you consent to any agreement with a third party regarding your use of any content or software, agree to honor any such agreement. We may provide your personal information to third- party providers as required to provide you with access to the content or software. Any software and services are provided to you "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

We may, acting at any time and in our sole discretion, modify, change or discontinue the use of any content or software operating on our Site or used in connection with any Services. In connection with any modification of software, you agree that you will faithfully cooperate in performing all steps necessary to install updates and that this Agreement (together with any third party software license agreement as to which your consent is required or requested) will continue to apply notwithstanding any update.

8. Availability of website/services
Subject to the terms of this Agreement or any applicable Services Agreement, we undertake to use commercially reasonable efforts to provide this Site and the Services on a continuous basis (24/7). However, you acknowledge and agree that this Site and applicable Services may, from time to time, be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements; or causes beyond our reasonable control or that we do not reasonably anticipate such as telecommunication or digital transmission congestion, interruptions or failures, hostile network attacks, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we therefor assume no liability to you or any other person or entity with regard thereto.

9. Fees, Payment and Refunds
9.1. You acknowledge receipt of communications specifying the nature of any Services you have purchased and the applicable rates and charges. You agree to pay all amounts due for Services at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted in the Refund Policy, even if your services are suspended, terminated, or transferred prior to the end of the term of service.

9.2. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the Services. If that date falls after the 28th of the month, then your billing date will be the 28th of each month. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, we will automatically renew your Services when they come up for renewal and will take payment in accordance with the designated payment method at our then current rates.

9.3. If for any reason we are unable to charge your account for the full amount owed for the Services provided, we may reduce the level or number of your Services and charge such lower amount as will be honored by your payment provider. If we are charged a penalty in connection with any attempt to charge your payment provider, you will be responsible for such charge. We may pursue all available remedies in order to obtain payment. You agree that among the remedies we may pursue in order to effect payment, shall include, without limitation, immediate cancellation (without notice to you) of any Services, including domain name registrations.

9.4. We reserve the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to you. These include intellectual property or other claims (including UDRPs), DMCA or other take- down requests or third party complaints.

9.5. All purchases are processed in the currency stated on or Site or Services subscription when the Service is purchased. This may be GBP ("), Euros (") or US Dollars ($) and your payment provider will be charged in the applicable official currency shown. We may provide an estimated conversion price to other currencies other than those invoiced, you acknowledge and agree that such converted pricing displayed during the checkout process is an estimate and the actual amount charged may differ from the estimated currency amount provided. We make no representation or warranty that the estimated amount shown in any other currency will be the same as the actual price charged. Other charges may also apply, such as currency conversion charges by your payment processor and VAT (based on the country indicated in your billing address. Any amounts to be charged will appear during the checkout process in the official currency due.

9.6. Although pricing is generally established based on the applicable Service, we reserve the right to differentiate pricing among our customers on any basis, acting in our sole discretion. We reserve the right to change pricing at any time and any new pricing will be posted on our Site and will be effective immediately. If you have purchased Services on a periodic subscription, any new pricing will become effective automatically upon renewal of the subscription period.Order to avoid interruption or loss of services, all services are offered on automatic renewal with automatic renewal occurring immediately at the end of the period you initially selected with your purchase (e.g. Monthly, annually). If you do not disable automatic renewal, we will automatically renew the applicable service when it comes up for renewal and process payment from the payment method associated with the service(s) in your account. It is your responsibility to ensure that your selected payment method remains current and funded.

10. Discontinued Services
10.1. We reserve the right to stop providing or to change (materially or otherwise) any of our Services at any time. We can do this for any or no reason, and without prior notice to you.

10.2. If we stop offering or providing any Service, we will attempt to notify you in advance, subject to our ability to do so. It is your responsibility to take all necessary steps to replace the terminating Service with an alternative and taking steps to ensure your content and data is secure. In any case we will either (1) migrate you or your account/Service to the most current version (or most substantially similar) Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration; (2) provide a prorated in-store credit for use to satisfy other charges, or (3) provide a prorated refund representing the unused portion of your Service.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of any Services we may offer.

11. Disclaimers & Liability Limitations
You acknowledge and agree that your use of this site and the services is at your own risk and that this site and the services are provided "as is", "as available" and "with all faults". To the fullest extent permitted by law we, our officers, directors, employees, agents, and all of our third party service providers disclaim all warranties of any nature, whether statutory, express or implied, including, withouit limitation, implied warranties of title, merchantability, fitness for a particular purpose or that the site or services do not infringe on the intellectual property or other rights of others. Neither we nor any of our officers, directors,
Employees, and agents make any representation or warranty as to (1) whether our site or services will meet your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. The accuracy, completeness, or content of this site or any website linked or otherwise accessible from the site or services; (2) any advertisement published on the site or via the services; and/or (3) accessability or function of any services, whether located at our site or any third party website, and we assume no liability or responsibility therefor.
No oral or written information provided by us, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

12. Limitation of Liability
Waiver and ReleaseIn no event shall we, our officers, directors, employees, agents, or any of our third party service providers be liable for any or all direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including, without limitation, personal or property injury, loss of use, data, or profits; or business interruption, procurement of substitute goods or services;) however caused and regardless of the theory of legal or equitable liability, including, without limitation, warranty, contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the site or services, even if we (or the other beneficiaries of these provisions) are aware of or have been, directly or indirectly, made aware of the possibility of such damages. To the maximum extent allowed by law, you further fully release, remise, and forever discharge us and any of our officers, directors, employees, agents, or any of our third party service providers for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever including without limitation those described above in this section.
In addition, you acknowledge and agree that in no event shall our total aggregate liability, directly or indirectly, exceed the lesser of (a) the amount we have received from you during the past twelve (12) calendar months in connectionwith services you have purchased, or (b) $1,000.00.
The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of, this agreement or your use of this site or the services found at this site.

13. Indemnification
You agree to protect, defend, indemnify and hold harmless us and our officers, directors, employees, agents, and third party service providers (collectively "Indemnitees") from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys" fees) imposed upon or incurred by any Indemnitee directly or indirectly arising from (A) your use of and access to this Site or any Services; (B) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (C) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; and/or (D) any violation of any law, rule or regulation in any applicable jurisdiction. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or any Services.

14. Compliance With Local Laws
We make no representation or warranty that the content available on this Site or the Services are appropriate or legally compliant in every country or jurisdiction, and access to this Site or the Services from countries or jurisdictions where the Site"s content or Services is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations and we will not be liable to you or any third party for your failure to comply with such laws, rules or regulations.

15. Termination
You agree that you will be responsible for notifying us should you desire to terminate your use of the Site or any of our Services. Notification of your intent to terminate must be provided no earlier than 30 days prior to your billing date but no later than three days prior to your billing date. If you terminate during your subscription period no amount will be refunded to you. Upon termination all unused credits will become and void.

15.1. Suspension or Termination
Linkdata reserves the right to suspend or terminate any services, including but not limited to domain registration and hosting services, if the Client fails to provide accurate and up-to-date contact information, including but not limited to a valid physical address, phone number, and email address.
If Linkdata determines, at its sole discretion, that the Client has provided false, incomplete, or outdated contact information, Linkdata will notify the Client to update the information. If the Client does not rectify the issue within seven (7) days of receiving such notice, Linkdata reserves the right to suspend or terminate the Client’s services without further notice or liability.
By using Linkdata’s services, the Client acknowledges and agrees that maintaining accurate contact information is essential to the proper administration of services and that failure to comply may result in the loss of service, including domain name registration, without compensation or refund.

16. Notices
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the information you have provided in connection with your account/Services.

17. Final Agreement
This Agreement, together with all regulations and policies incorporated herein, as may be modified from time to time, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us that specifically references this Agreement and contains an express intention to amend same. For this reason you are cautioned that statements or comments that may be made to you, orally or in writing, in connection with the provision of Services, including communications from our help-desk, are not amendments and do not act to modify this Agreement.

18. No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

19. Waiver
Any provision of this Agreement may be waived if, but only if, such waiver is in writing and is signed by the party against whom the waiver is to be effective. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

20. Enforceability
In the event that any provision of this Agreement shall be declared by a court of competent jurisdiction to be unenforceable or invalid under any applicable law it shall not affect or impair the validity or enforcement of any other provision of this Agreement and the offending provision shall be limited to the least extent possible to render it enforceable or otherwise give effect to the parties" intentions21. No Third Party BeneficiariesNothing in this Agreement or any rules, regulations or policies incorporated herein, shall be deemed to confer any third-party rights or benefits.

22. Successors & Assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective and valid heirs, successors and assigns.

23. Assignment and Resale
Except as otherwise may be expressly set forth in this Agreement, you may not assign your rights or obligations and any attempt to do so (including by levy or operation of law) shall be void and without effect, and at our election constitute a breach of this Agreement. We may freely assign all or any of our rights and obligations under this Agreement without notice and without your consent.

24. Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any governmental authority (whether federal, state or local or any agency, division or department thereof) governments having or claiming jurisdiction over us; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all commercially reasonable steps in an effort to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, we mayimmediately terminate this Agreement. Force majeure events shall not apply to difficulties in your tendering payment when otherwise due.

25. Headings
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

26. Links To Third-Party Websites
This Site and the Services may contain links to websites that we neither own nor control and we assume no responsibility (and will incur no liability) for the content, terms and conditions, privacy policies, or practices of any such websites. We encourage you to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. By using this Site or the Services, you are expressly releasing us and our officers, directors, employees, agents, affiliates, or service providers from any and all liability arising from your use of any third-party website.

27. OTHER RIGHTS RESERVATIONS
We expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as we determine in our sole and absolute discretion), including but not limited to the following: (A) to correct mistakes we may make in offering or delivering any Services (including any domain name registration), (B) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (C) assistance in fraud/abuse detection and prevention, (D) to comply with court orders and applicable local, state, national and international laws, rules and regulations, including requests of law enforcement or subpoenas; (E) to comply with any UDRP or other dispute resolution process, (F) to defend ourselves, or our officers, directors, employees, agents, affiliates, or service providers, against any legal or equitable action (existing or threatened) and without having to determine the merits of same; (G) in connection our efforts to avoid any civil or criminal liability on the part of ourselves or our or our officers, directors, employees, agents, affiliates, or service providers; or, (H) to respond what we determine to be an excessive volume or seriousness of complaints related to you or the manner in which you are utilizing this Site, your Account or any Services.

28. Intellectual Property
Except for any content that you provide or store in connection with any Services, the content on this Site and any Services , including but not limited to, software, scripts, source code, API, text, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein("LINK Host LTD Content"), are owned by or licensed to us for our use, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under the laws of UK and other jurisdictions.Any LINK Host LTD Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only in connection with the Site and Services, and may not be, directly or indirectly, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited by you for any purposes whatsoever without our express prior written consent. Nothing in this Agreement, or in any regulations or policies incorporated herein, acts to grant to you any license under any copyright, trademark, patent, or other proprietary right or license. We reserve all rights not expressly granted in and to any LINK Host LTD Content, this Site and the Services, and this Agreement does not transfer ownership of or any license to any of these rights.

29. English Language Is Controlling
This Agreement, along with all rules, regulations and policies and any applicable agreements required for any specific Service (collectively, "Agreement"), is executed and enforceable in the English language. Any translation provided to you is for convenience purposes only, and, to the fullest extent permitted by applicable law, in the event of any conflict between the English and translated version, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (1) both language versions shall have equal validity; (2) you acknowledge that you have reviewed both language versions and agree that they are substantially the same in all material respects; and, (3) in the event of any discrepancy between the two versions, while the translated version may prevail to the extent required by law, its interpretation shall be consistent with the intent of both you and us as expressed in the English.

30. BETA SERVICES
We may, from time to time, offer new Services in a "beta" version (a pre-release version not yet available to the general public) ("Beta Services. If you opt to use any of our Beta Services, your use is subject to the additional terms and conditions set out in this Section.All Beta Services are pre-release versions and may not work properly. Your use of the Beta Services may result in operational failures. All Beta Services are provided as-is and without any form of warranty or representation and we do not recommend using them if you cannot sustain the risks of complete loss of functionality or loss or corruption of data. We reserve the absolute right to modify, change, or discontinue all or any part of any Beta Service at any time, without notice or liability therefor. If any Beta Service is subsequently released to the general public as a Service, you assume the risk that the commercial version may have changed substantially from the Beta Service and/or that the commercial version may not be compatible with the Beta Service or any programs used in connection therewith. We may limit or eliminate customer service for any Beta Service. In exchange for your access to the Beta Service, you agree to provide feedback regarding your experience in using the Beta Services, providing such feedback in the format and detail reasonably requested by us.You agree that we can freely your all or any part of your feedback for any purpose, including product development purposes or inclusion within publicity, press materials and marketing collateral. Any agree that any intellectual property inherent in your feedback or arising from your use of any Beta Service shall be owned exclusively by us and you hereby assign to us all rights thereto. You that any information regarding your use of any Beta Service, including your experience with and opinions regarding the Beta Service(s), is confidential, and that although we may disclose same, you may not do so other than providing us with the feedback. Any Beta Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, we disclaim any and all warranties, statutory, express or implied, with respect to any Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement.

31. Contact Information
For any questions about this Agreement, please contact us by email or regular mail at the following address:
LINK Host LTD " Legal Department4 Wadsworth Road, Perivale, UB6 7JJ, United kingdom
+964-750-8193333
info@linkdata.com
Our DMCA agent is registered with the United States Copyright Offices and such other locations as may be required.
Our Data Control agent is, if required, registered with the appropriate authorities of the UK government and/or such other locations as may be required.

32. Third Party
ContentIf you elect to sell or resell advertising or web space to a third party then you are responsible for the contents of that advertising and the actions of that third party. You may not sell, resell advertising or web space representing more than 20% of any webpage. You may not, directly or indirectly, sell or resell advertising or web space if the effective result (in our sole discretion) is that you are reselling any of our Services. If we determine in our discretion that you are engaging in such prohibited activities, we may suspend or close your Account and/or Services or require that you agree to and abide by our Reseller Agreement, the terms of which are incorporated by reference into this Agreement.
We have the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of this Agreement, any policy or regulation, or any applicable law. Such violation may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all of your domain transfers, renewals and orders. In the event that an error occurs you must notify us immediately of the error. In no event shall we be liable to you for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal. Other provisions of this Agreement, including warranty and liability limitations.

33. Governing Law
Any and all contractual agreements between us and you are exclusively governed by and construed in accordance with the laws of the country of UK, exclusive of the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods.Resellers

Reseler

Effective as of June 6, 2019
If you elect to resell any of our Services a third party (your customers) then you must agree to our Reseller Agreement which can be found  HERE , the terms of which are incorporated by reference into this Agreement. As a Reseller you will, in addition to those provisions in our Reseller Agreement, be responsible for the acts and omissions of the third party. Each of your customers must, as a condition of purchasing our Services through you, consent to this Agreement. We retain the absolute right to reject any of your customers if we find them to be objectionable or if, through act or omission, they breach any provision of this Agreement, any policy or regulation, or any applicable law. Additionally, we may suspend or terminate any of your customer"s Accounts or Services, if, through act or omission, they breach any provision of this Agreement, any policy or regulation, or any applicable law. Other provisions of this Agreement, including warranty and liability limitations, apply in addition to, and not in lieu of, the Reseller Agreement.

Hosting Services

Effective as of June 6, 2019
PLEASE READ THESE SECTIONS CAREFULLY. THEY CONTAIN ADDITINOAL INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGIATIONS REGARDING HOSTING SERVICES.
1. Description Of Services
We offer a variety of hosting and related support plans including the following:

Web Hosting: Web Hosting plans place your site within one or more of our servers. Resources are shared between many customers on the same servers; however, your site is given a unique address. Managed Hosting. Managed Hosting plans, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles and back-ups.

Reseller Hosting:
Reseller Hosting combines Managed Hosting and an integrated Web Host Manager license, which allows you to, among other things, resell, configure and manage both hosting accounts and domain names, and with WHMCS, it allows you to invoice and collect payments, and track communications and support issues with your customers. A separate Reseller Agreement may be required.

Managed WordPress Hosting:
Managed WordPress Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups (if included in your plan), WordPress core updates and server- level caching.

Virtual Private Server (VPS):
VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

Dedicated Server:
Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server"s bandwidth, memory, and storage space, and your server"s performance will not be affected by traffic and the usage patterns of other customers.

Managed Support:
Managed Support is a monthly subscription that provide you with root/administrative access to the service and Plesk or cPanel. We handle core patching, security, monitoring and backups.Additional configurations and installations can be performed for an additional fee.

Bespoke Hosting Services:
Bespoke Hosting Support and dedicated services provide you with custom support services available for a negotiated fee proposed after learning about your needs. Bespoke Hosting Services can provide you with an experienced server administrator for complicated tasks such as firewall and database configuration and complex migrations.

Hosting Backup.
Hosting backup and restore services saves all your website files to the cloud once per day. These backup and restore services may be available for an additional fee depending on your hosting plan.

2. Your Obligations: Representations & Warranties
Disclosures
: You agree that if requested, you will disclose to us your intended and actual purpose in using our Hosting Services. You agree that we may disclose your name and justification to certain registries according to their policies. You agree that your name and the address provided by you may also be displayed publicly in one or more WHOIS databases. More information can be found in our Privacy Policy.

Use Restrictions.
In addition to those restrictions described above, you agree that you will not:

  • Use our Services, any of our servers, or your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, us, our customers, or third-parties.

  • Directly or indirectly engage in any server hacking or other perpetration of security (whether of our systems or using your website or our servers to breach third party systems).

  • Use our Services or your website (or any other website linked to our servicers) as an anonymous

  • Use our Services or the server associated with any Hosting Services as a repository for storing archived

  • Use our Services or the server associated with any Hosting Services to store material that can be downloaded through other

We may (but undertake no obligation to) scan your hosted account and any website(s) for malicious content and, in the event we locate any such content, we may remove it in our discretion for security purposes, without notice or obligation as concerns the operability of your website or the preservation of any data contained therein. We also have the right to carry out a forensic examination in the event of a compromise to your server or account.
If you are in violation of this Agreement, or we determine that there are activities that threaten the stability of our network, we may remove or disable your website (and any other website you host with us) temporarily or permanently from our servers.
Storage and Security. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. You are solely responsible for preventing any loss or damage to your website or server content; maintaining independent archival and backup copies of your website or server content; and ensuring the security, confidentiality and integrity of your website or server content that is transmitted through or stored on our servers. This remains true even if you have subscribed for backup services.
Our Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment.
Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server. You agree that our support staff to modify, alter or remove the content of your hosted product in the course of providing you with support or technical services. If you have purchased our Backup Service, additional terms may apply. However, such terms do not remove your primary responsibility as noted above.
If you install (or request that we install) or use any computer software that we did not provide to you as a part of our Services, you represent and warrant to us, and our directors, officers, employees, agents and affiliates that (1) you have the right to install and use such software on the server and in connection with your website;
(2) you have paid any applicable licensing fee(s) relative to such installation and use; and (3) such software does not and will not infringe on the intellectual property or other rights of any other person or entity.

3. Space/Capacity Limitations
Storage and Plan Limits: All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to limits.
Our basic Hosting Services are designed to host most personal, small business and organization websites, and thus we offer a reasonably unlimited bandwidth. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement and does not act as a burden to our systems given other customer needs. Some of our plans offer more disk space and website capacity but at an added fee.
In the event the bandwidth, number of websites or disk space usage of your website presents, in our sole opinion, a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
Because of the space required for operating systems, system files and other supporting software, the total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity. Backups and Add-Ons will also reduce the usable space available.
All Hosting plans, including unlimited plans, are subject to the following limits (as applicable): (1)no more
than 250,000 file entries (inodes) per account for Linux" hosting accounts; (2) no more than 500,000 files and folders per account for Windows" hosting accounts; and, (3) no more than 1,000 tables per database and no more than one gigabyte of storage per database. If you exceed these limits you may be issued a warning. Your subsequent failure to reduce your consumption to a level equal to or below the limits may result in a temporary or permanent suspension (as we deem appropriate) and no amounts will be refunded.
All Linux hosting plans are subject to additional limitations. No Linux hosting plan may exceed: (1) 25% of one CPU core; (2) 512MB of RAM; (3) 100 website connections; (4) 100 active processes; and/or (5)( 1 MB/s disk IO. If you exceed these additional limits you may experience a slowing of site loading and response times. Additional resources are available for an additional fee.You may only use WordPress Hosting for a WordPress website. Any non-WordPress site requires its own hosting plan. You may only install one instance of WordPress per website. If you violate these requirements, you may be issued a warning. Your subsequent failure to comply may result in a temporary or permanent suspension (as we deem appropriate) and no amounts will be refunded.

4. Other Limitations
Website/Server Content: You may not include any of the following content on any hosted website: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website; (2) banner ad services for display on other websites or devices (commercial providers of rotation-based banner advertisements); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download; (4) commercial audio streaming (exceeding one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or, (9) any script that causes a degradation in the performance of our server or network environment.
Content Delivery Networks (CDNs): We may, in our discretion, offer access to caching and distribution of website content using a network of dispersed servers. These servers may be located anywhere globally, including the United States. You acknowledge and agree that We may alter or discontinue your access to CDNs at our discretion.
WHMCS License: We operate a WHMCS environment which provides you (and us) with a wide variety of tools and dashboards. We feel WHMCS makes the hosting experience easier. As a part of your Hosting Services subscription you agree to be bound by WHMCS"s Terms of Service located HERE and WHMCS's
End-User License Agreement located HERE, both of which are incorporated by reference into this Agreement. Your hosting plan may provide you with access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service required by ManageWP, and incorporated herein by reference.cPanel. If you have purchased or otherwise added cPanel to your server, you agree to be bound by the cPanel"s End-User License Agreement, which is incorporated by reference into this Agreement.

5. Dedicated Hosting
General. Our Dedicated Hosting allows you to operate your own specifically configured server to host your website. This server may be its own independent computer or may be a segregated area within a server used by others.
Server Access: If you purchase our Backup Service, you hereby authorize us to log into your server for purposes of installing and configuring the backup software.
IP Addresses: We may, from time to time, migrate our servers to new or different equipment as we may determine advisable, including without limitation, maintenance, equipment replacement or load balancing. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant thatyou will be able to consistently maintain your given IP numbers. Also, if your Service Subscription includes multiple IP addresses it is important that you use them. Accordingly, you agree that we may reclaim unused IP addresses if you do not begin to use at least ninety percent (90%) of your subscribed IP addresses within thirty(30) days of their assignment to you. You will not receive a refund for any reclaimed IP Addresses.

6. Backup Services
General: This section applies if you have subscribed to our Backup Services. We offer both FTP Backup and Database Backup Services, each for an extra fee. Our Backup Service may require that your server may be down, slow to respond, or unavailable to the public during installation and maintenance.
Backup Limitations: Backup Services are subject to disk-space limitations which are specific to the plan you have purchased. Different fees may apply as you use more capacity. It is your responsibility to ensure that your backups (including historical copies) do not exceed the applicable limits. If they do, we reserve the right, in our sole discretion to truncate your backups such that applicable limits are not exceeded, or increase the applicable limit and charge you any additional fee(s) applicable. In the event of the latter you agree to pay such additional fee and authorize us to immediately process payment with your payment provider.
Limitations of our Obligations: Subject to additional limitations found elsewhere in this Agreement, warranty exclusions and liability limitations, we agree only to use commercially reasonable efforts to provide FTP Backup and Database Backup services on a frequency applicable to the Backup Service plan you purchased. You agree that our Backup Services may be inaccessible or inoperable from time to time and for any reason, including, without limitation: (1) maintenance procedures or repairs we undertake; (2) equipment malfunctions; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, security intrusions, or other failures. FTP Backup and Database Backup may not be available on all hosting plans. We reserve the right to store backups in any one or more of our servers and for this reason backup files may be stored at locations that differ from your website server. Please note that even if Backup Services are purchase, it remains your primary responsibility to ensure that your website along with all content and files are properly backed up and archived.

7. Support Services
General. Support is provided as a part of your paid Services. Support is provided 24/7 but is available on an as- come, as-served basis and subject to the availability of our support personnel. Support is available on a "best efforts" basis.

Premium Support. Premium Support is available on a subscription or pay-as-you-go basis. Premium Support Service is superior to our general support services but it is not unlimited. We reserve the right to charge any or all of the fees for Premium Support Services prior to the commencement of any work being performed. Our fees are subject to change at any time prior to commencement of any work. Premium Support generally applies to out-of-scope support such as problems that are not directly caused by our Services or software we have provided. Premium Support may require that you install a plug-in software application to allow our support personnel access to your systems so that we can attempt to diagnose, repair, automatically update files, software, and the like related to the maintenance of your site and server.

Expert Services: If we determine that any support request falls outside the scope of your purchased Services, we will let you know. We may agree to provide custom services for a fee, or on a per service basis. You will have the opportunity to approve any quoted fee. We reserve the right to charge such fees prior to commencement of work. If we do not agree to provide customer services we will not provide you with referrals. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.You will have the opportunity to approve any quoted fee. We reserve the right to charge such fees prior to commencement of work. If we do not agree to provide customer services we will not provide you with referrals. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.You agree that our support personnel may contact you by email or by phone. Emails will be retained as a part of your account records as described in our Privacy Policy. Phone calls may be recorded for training and other purposes and retained as described in our Privacy Policy.We reserve the right to refuse to provide services if doing so will expose our personnel to harassment or what we deem unreasonable conduct. This includes objectionable materials such as pornographic, X-rated, sexually explicit, or otherwise tasteless text, materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services).All Support is available on a "best efforts" basis. We provide no guaranty that we will be able to resolve your issues or that our assistance, if successful, will continue to work for you. Our support services are limited. In the case of an inoperable failure or defect, we will limit our technical support to restoring any applicable software program to its original state, assuming you have retained and provided copies to which you hold a fully-paid license. We will not undertake to re-configure or install data or undertake customized services.

Hosting Migrations: Migrations of websites and their related files can be difficult. Most hosting companies are is configured differently and store their data and file configurations in formats that are proprietary or incompatible with our systems. While we will try our best to assist you with any migration to or from our Hosting Services, we do as a courtesy service. Any assistance we may provide is on a best-commercial efforts basis and subject to availability of qualified personnel and the nature of the migration you desire.We will not perform website backups or archives of your old website or files when we assist with a migration, and we strongly recommend that you back up your third-party hosted website before starting any migration process. If we do assist you with a migration, you agree that during the migration process you will not modify the website or any related files. You are solely responsible for ensuring that any migration was correctly completed.reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.We provide no express or implied warranty that any migration will be successful, even if we have assisted you in the process. In addition to the warranty exclusions and liability limitations stated elsewhere, you agree that we will not liable to you or any third party for any loss in connection with a delay, website resolution, or loss of data related to your Hosting Migration.

8. Account Termination Limitations
Termination. Your Hosting and other Services may be terminated at the earlier of (a) expiration of your relevant subscription period, or (b) your violation of this Agreement. In the event of termination you must stop using any Hosting or other Services and relinquish use of the IP addresses and server names that may have been assigned to you and you must alter any Name Server designation records in your domain name registration. Any images or other materials we have provided to you in connection with Services remains ours and were available for your use while you were our customer. You may not transfer any such images or other materials to any other location for use in conjunction with services provided by any third party. If Services are terminated you are responsible for migrating your website and all content to your new provider. We will not transfer files, including backups to another provider. Although we reserve the right to do so immediately upon termination, we reserve the right to delete any website and related content from our servers within ten (10) days following termination of your Services.

9. Third Party Software
Third Party Software. Third Party Software means any software or application developed and owned by a third party provider with whom we may contract with from time to time.

Operating Systems: Hosting Services may be operated in both Linux" and Windows" environments. Each time you commission a server, we will provision the server with the operating system you choose.

Modifications, Changes, Discontinuations: We expressly reserve the right to modify, change, or discontinue any Service or software, including, Third-Party Software, at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates, as applicable. Software is neither sold nor distributed to you, and you may use the software solely as part of your Hosting or other Services. You may not use any software outside of the Services for which you subscribed and paid. We may provide your personal information to third-party providers as required to provide any Third-Party Software. You acknowledge and agree that your use of software may be subject to our agreement(s) with the third-party providers. In addition, if any software is accompanied by, or requires consent to, a service or license agreement from us or any third- party provider, your use of the software is subject to such service or license agreement. You may not download, install, or use any software that is accompanied by or requires consent to a service or license agreement from us or any third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on any software. You may not reverse engineer, decompile, or disassemble any software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that both we and any third-party providers (and our respective affiliates and suppliers) make no representations or warranties about any software offered in connection with any Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of any software. You acknowledge and agree that any software will be supported by us and not by the third- party providers (or their affiliates or suppliers). Other terms and conditions stated elsewhere in this Agreement may apply, including warranty exclusions and liability limitations.

10. Service Uptime
General: Your website will remain available to the public 99.9% of the time, measured on a per-month basis over the calendar year.

Exclusions: Our uptime guaranty does apply to periods of unavailability directly or indirectly caused by: (1) periodic scheduled maintenance or repairs we may perform; (2) interruptions caused by any act or omissions of you or any of your employees or agents, including, without limitation, scripting, coding or the installation errors; (3) errors caused by third-party software applications; (4) any period during which your website resolves publicly even though slowly or if all of your website may not be completely accessible, or accessible on a delayed or intermittent basis (for example, backup services, certain Add-Ons or email); (5) causes beyond our control or that are not reasonably foreseeable; and, (6) outages related to any defect in any third party software (whether or not installed by us). Other exclusions may apply as set forth in our warranty exclusions and liability limitations provisions found elsewhere in this Agreement.

Add-On Services
General: We offer a number of Add-On Services that can be configured to work with your Hosting Services, including control panel, Backup Services (FTP & database backups), Monitoring, Site Builder, SEO, SSL Certificates, firewall, VPN, and RAID. Add-Ons are provided for an extra fee and generally provided on a periodic subscription basis. The specific Add-Ons available to you may depend on the particular Hosting Service to which you subscribed. Your Add-On services will continue only for as long as your subscription payments remain current. Add-on services may require you to download and periodically upgrade software and failure to maintain or upgrade may result in a degradation or loss of service, for which we will not be responsible. Add-On services are provided in the form of a personal, limited, non-transferable, non-exclusive license to use the relevant Service and any related software solely for your personal, private and non- commercial purposes. You may not resell all or any part of any VPN Service or permit others to use or access same using your account. Please note that Add-Ons may consume some of your available storage and depending on the Add-On, may require installation services on our part, such as additional hardware or software to which additional fees may apply. Some Add-On services/software may not function properly or cause conflicts with other software you have installed on your server or to operate your website.

Add-On Service " End-User Agreements. Some or all Add-On Services may require that you consent to the specific End-User License/Use Agreement as required by the owner/provider of any software application provided as a part of any Add-On service. The relevant End-User License/Use Agreement will be presented to you upon check-out and your consent is required as a part of the check-out process for purchasing such Add- Ons. The terms of such End-User License Agreement are each incorporated by reference into this Agreement.

Link Cloud Services Terms

These LINK Cloud Terms of Service (together, the "Agreement") are entered into by LINK and the entity or person agreeing to these terms ("Customer") and govern Customer's access to and use of the Services.
This Agreement is effective when Customer clicks to accept it (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.

1. Provision of the Services:
1.1 Services Use. During the Term, LINK will provide the Services in accordance with the Agreement, including the SLAs, and Customer may use the Services, and integrate the Services into any Customer Application that has material value independent of the Services, in accordance with the Agreement.
1.2 Admin Console. Customer will have access to the Admin Console, through which Customer may manage the use of the Services.
1.3 Accounts. Customer must have an Account to use the Services and is responsible for the information it provides to create the Account, the security of its passwords for the Account, and for any use of its Account. LINK has no obligation to provide multiple accounts to Customer.
1.4 Modifications.
(a) To the Services. LINK may make commercially reasonable updates to the Services from time to time. LINK will inform Customer if LINK makes a material change to the Services that has a material impact on Customer's use of the Services provided that Customer has subscribed with LINK to be informed about such change.

(b) To the Agreement. LINK may make changes to this Agreement (including the URL Terms) and pricing from time to time. Unless otherwise noted by LINK, material changes to the Agreement will become effective 30 days after they are posted, except to the extent the changes apply to new functionality or the Cloud Data Processing Addendum, or are required by applicable law, in which case they will be effective immediately. LINK will provide at least 90 days' advance notice for materially adverse changes to any SLAs by (i) sending an email to the Notification Email Address.(ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, Customer may stop using the Services. Customer may also terminate this Agreement for convenience under Section 8.4 (Termination for Convenience). Customer's continued use of the Services after such material change will constitute Customer's consent to such changes. LINK will post any modification to this Agreement to Terms Conditions (linkdata.com).

(c) To the Cloud Data Processing Addendum. LINK may only change the Cloud Data Processing Addendum where such change is required to comply with applicable law, is expressly permitted by the Cloud Data Processing Addendum, or.
(i) is commercially reasonable.
(ii) does not result in a material reduction of the security of the Services;
(iii) does not expand the scope of or remove any restrictions on LINK 's processing of "Customer Personal Data," as described in the "Scope of Processing" Section of the Cloud Data Processing Addendum; and
(iv) does not otherwise have a material adverse impact on Customer's rights under the Cloud Data Processing Addendum.

If LINK makes a material change to the Cloud Data Processing Addendum in accordance with this Section 1.4(c) (Modifications: To the Cloud Data Processing Addendum), LINK will post the change at the webpage containing the Cloud Data Processing Addendum.

(d) Discontinuation of Services. LINK will notify Customer at least 12 months before discontinuing any Service (or associated material functionality) unless LINK replaces such discontinued Service or functionality with a materially similar Service or functionality. Further, LINK will notify Customer at least 12 months before significantly modifying a Customer-facing LINK API in a backwards-incompatible manner. Nothing in this Section 1.4(d) (Discontinuation of Services) limits LINK 's ability to make changes required to comply with applicable law, address a material security risk, or avoid a substantial economic or material technical burden. This Section 1.4(d) (Discontinuation of Services) does not apply to pre-general availability Services, offerings, or functionality.

1.5 Software. If LINK makes Software available to Customer, including third-party software, Customer's use of any Software is subject to the applicable provisions in the Service Specific Terms.

2. Payment Terms.
2.1 Online Billing. At the end of the applicable Fee Accrual Period or as otherwise stated by LINK in the Admin Console, LINK will issue an electronic bill to Customer for all charges based on Customer's use of the Services during the applicable Fee Accrual Period (including, if applicable, the relevant Fees for TSS). If LINK reasonably determines based on evidence available to LINK that Customer is at risk of non-payment or that Customers Account is potentially fraudulent, then LINK may invoice Customer more frequently. Customer will pay all Fees in the currency stated in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, LINK will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and LINK agrees), all Fees are due as stated in the invoice. Unless required by law, Customer's obligation to pay all Fees is non-cancellable. LINK 's measurement of Customer's use of the Services is final. LINK has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by LINK.

2.2 Taxes.(a) Customer is responsible for any Taxes, and will pay LINK for the Services without any reduction for Taxes.

2.3 Payment Disputes & Refunds. Any payment disputes must be submitted in good faith before the payment due date. If LINK , having reviewed the dispute in good faith, determines that certain billing inaccuracies are attributable to LINK , LINK will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If a disputed invoice has not yet been paid, LINK will apply the credit memo amount to a disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. Refunds given by LINK for billing inaccuracies under this Section will only be in the form of credit for the Services. Nothing in this Agreement obligates LINK to extend credit to any party.

2.4 Delinquent Payments; Suspension. Late payments (which, for clarity, do not include amounts subject to a good faith payment dispute submitted before the payment due date), may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by LINK in collecting such delinquent amounts. Further, in the event of any late payment for the Services, LINK may Suspend the Services.

2.5 No Purchase Order Number Required. Customer is obligated to pay all applicable Fees without any requirement for LINK to provide a purchase order number on LINK 's invoice (or otherwise).

3. Customer Obligations:
3.1 Compliance. Customer will (a) ensure that Customer and its End Users' use of the Services complies with the Agreement, (b) use commercially reasonable efforts to prevent and terminate any unauthorized use of, or access to, the Services, and (c) promptly notify LINK of any unauthorized use of, or access to, the Services, Account, or Customer's password of which Customer becomes aware. LINK reserves the right to investigate any potential violation of the AUP by Customer, which may include reviewing Customer Applications, Customer Data, or Projects.

3.2 Privacy. Customer is responsible for any consents and notices required to permit (a) Customer's use and receipt of the Services and (b) LINK 's accessing, storing, and processing of data provided by Customer (including Customer Data, if applicable) under the Agreement.

3.3 Restrictions. Customer will not, and will not allow End Users to, (a) copy, modify, or create a derivative work of the Services; (b) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of, the Services (except to the extent such restriction is expressly prohibited by applicable law); (c) sell, resell, sublicense, transfer, or distribute any or all of the Services; or (d) access or use the Services (i) for High Risk Activities; (ii) in violation of the AUP; (iii) in a manner intended to avoid incurring Fees (including creating multiple Customer Applications, Accounts, or Projects to simulate or act as a single Customer Application, Account, or Project (respectively)) or to circumvent Service-specific usage limits or quotas; (iv) to engage in cryptocurrency mining without LINK 's prior written approval; (v) to operate or enable any telecommunications service or in connection with any Customer Application that allows End Users to place calls or to receive calls from any public switched telephone network, unless otherwise described in the Service Specific Terms; (vi) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (vii) in a manner that breaches, or causes the breach of, Export Control Laws; or (viii) to transmit, store, or process health information subject to United States HIPAA regulations except as permitted by an executed HIPAA BAA.

3.4 Documentation. LINK may provide Documentation for Customer's use of the Services.

3.5 Copyright. LINK responds to notices of alleged copyright infringement and terminates the Accounts of repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act.

3.6 Third-Party Content Enforcement. If Customers primary use of the Services is to host third-party content or facilitate the sale of goods or services between third parties on its platform, Customer will take the following steps to enforce compliance with the AUP: (a) publish policies defining what content is prohibited on its platform (e.g., illegal content); (b) maintain a publicly accessible method (e.g., webform or email alias) to receive notices of violation of that policy (in addition to a monitored communications channel for LINK ); and (c) promptly review and address any such notices, and remove content where appropriate.

4. Suspension.
4.1 AUP Violations. If LINK becomes aware that Customer's or any End User's use of the Services violates the AUP, LINK will notify Customer and request that Customer correct the violation. If Customer fails to correct the violation within 24 hours of LINK 's request, then LINK may Suspend all or part of Customer's use of the Services until the violation is corrected.

4.2 Other Suspension. Notwithstanding Section 4.1 (AUP Violations), LINK may immediately Suspend all or part of Customer's use of the Services if (a) LINK reasonably believes Suspension is needed to protect the Services, LINK s infrastructure supporting the Services, or any other customer of the Services (or their end users); (b) there is suspected unauthorized third-party access to the Services; (c) LINK reasonably believes that immediate Suspension is required to comply with any applicable law; or (d) Customer is in breach of Section 3.3 (Restrictions) or the Service Specific Terms. LINK will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer's request, LINK will, unless prohibited by applicable law, notify Customer of the basis for the Suspension as soon as is reasonably possible.

5. Intellectual Property Rights; Protection of Customer Data; Feedback.
5.1 Intellectual Property Rights. Except as expressly stated in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Customer retains all Intellectual Property Rights in Customer Data and Customer Applications, and LINK retains all Intellectual Property Rights in the Services and Software.

5.2 Protection of Customer Data. LINK will only access, use, and otherwise process Customer Data in accordance with the Cloud Data Processing Addendum and will not access, use, or process Customer Data for any other purpose. LINK has implemented and will maintain technical, organizational, and physical measures to protect Customer Data, as further described in the Cloud Data Processing Addendum.

5.3 Customer Feedback. At its option, Customer may provide feedback or suggestions about the Services to LINK ("Feedback"). If Customer provides Feedback, then LINK and its Affiliates may use that Feedback without restriction and without obligation to Customer.

6. Technical Support Services:
6.1 By Customer. Customer is responsible for technical support of its Customer Applications and Projects.6.2 By LINK . Subject to payment of applicable support Fees, LINK will provide TSS to Customer during the Term in accordance with the TSS Guidelines. Certain TSS levels include a minimum recurring Fee. If Customer downgrades its TSS level during any calendar month, LINK may continue to provide TSS at the same level and for the same TSS Fees as applied before the downgrade for the remainder of that month.

7. Confidential Information.
7.1 Obligations. The recipient will only use the disclosing party's Confidential Information to exercise the recipient's rights and fulfill its obligations under the Agreement, and will use reasonable care to protect against the disclosure of the disclosing party's Confidential Information. The recipient may disclose Confidential Information only to its Affiliates, employees, agents, or professional advisors ("Delegates") who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that its Delegates use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement.
7.2 Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient or its Affiliate may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient or its Affiliate uses commercially reasonable efforts to (a) promptly notify the other party before any such disclosure of its Confidential Information, and (b) comply with the other party's reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (a) and (b) above will not apply if the recipient determines that complying with (a) and (b) could (i) result in a violation of Legal Process; (ii) obstruct a governmental investigation; or (iii) lead to death or serious physical harm to an individual.

8. Term and Termination:
8.1 Agreement Term. The term of this Agreement (the "Term") will begin on the Effective Date and continue until the Agreement is terminated as stated in this Section 8 (Term and Termination).

8.2 Termination for Breach. To the extent permitted by applicable law, either party may terminate this Agreement immediately on written notice if (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice of the breach or (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

8.3 Termination for Inactivity. LINK reserves the right to terminate the provision of the Services to a Project upon 30 days' advance notice if, for a period of 60 days (a) Customer has not accessed the Admin Console or the Project has had no network activity and (b) such Project has not incurred any Fees for such Services.8.4 Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time on prior written notice (E-mail) and, upon termination, must cease use of the applicable Services. LINK may terminate this Agreement for its convenience at any time with 30 days' prior written notice to Customer.LINK may terminate this agreement if the following violation have occurred at anytime on prior notice (E-mail):a Cyber attackb - Malware and spyware attackc - DDoS attackd) IP Abuse

8.5 Termination Due to Applicable Law; Violation of Laws. LINK may terminate this Agreement immediately on written notice if LINK reasonably believes that (a) continued provision of any Service used by Customer would violate applicable law(s) or (b) Customer has violated or caused LINK to violate any Anti-Bribery Laws or Export Control Laws.

8.6 Effect of Termination. If the Agreement is terminated, then (a) all rights and access to the Services will terminate (including access to Customer Data, if applicable), unless otherwise described in this Agreement, and (b) all Fees owed by Customer to LINK are immediately due upon Customers receipt of the final electronic bill or as stated in the final invoice.

9. Publicity. Customer may state publicly that it is a LINK customer and display LINK Brand Features in accordance with the Trademark Guidelines. LINK may use Customer's name and Brand Features in online or offline promotional materials of the Services. Each party may use the other partys Brand Features only as permitted in the Agreement. Any use of a party's Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features.

10. Representations and Warranties. Each party represents and warrants that (a) it has full power and authority to enter into the Agreement, and (b) it will comply with all laws applicable to its provision, receipt, or use of the Services, as applicable.

11. Disclaimer.
Except as expressly provided for in the Agreement, LINK does not make and expressly disclaims to the fullest extent permitted by applicable law (a) any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, title, noninfringement, or error-free or uninterrupted use of the Services or Software and (b) any representations about content or information accessible through the Services.

12. Limitation of Liability.
12.1 Limitation on Indirect Liability. To the extent permitted by applicable law and subject to Section 12.3 (Unlimited Liabilities), neither party will have any Liability arising out of or relating to the Agreement for any (a) indirect, consequential, special, incidental, or punitive damages or (b) lost revenues, profits, savings, or goodwill.

12.2 Limitation on Amount of Liability. Each party's total aggregate Liability for damages arising out of or relating to the Agreement is limited to the Fees Customer paid during the 12 month period before the event giving rise to Liability, except LINK s total aggregate Liability for damages arising out of or related to Services or Software provided free of charge is limited to $5,000.

12.3 Unlimited Liabilities. Nothing in the Agreement excludes or limits either party's Liability for:(a) its fraud or fraudulent misrepresentation;(b) its obligations under Section 13 (Indemnification);(c) its infringement of the other party's Intellectual Property Rights;(d) its payment obligations under the Agreement; or(e) matters for which liability cannot be excluded or limited under applicable law.

13. Indemnification.
13.1 LINK Indemnification Obligations. LINK will defend Customer and its Affiliates using the Services under Customers Account and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from an allegation that any Service or any LINK Brand Feature, in each case used in accordance with the Agreement, infringes the third party's Intellectual Property Rights.

13.2 Customer Indemnification Obligations. Customer will defend LINK and its Affiliates providing the Services and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (a) any Customer Application, Project, Customer Data, or Customer Brand Features; or (b) Customer's or an End User's use of the Services in breach of the AUP or Section 3.3 (Restrictions).

13.3 Exclusions. Sections 13.1 (LINK Indemnification Obligations) and 13.2 (Customer Indemnification Obligations) will not apply to the extent the underlying allegation arises from (a) the indemnified party's breach of the Agreement, (b) a combination of the indemnifying party's technology or Brand Features with materials not provided by the indemnifying party under the Agreement, unless the combination is required by the Agreement, or (c) in the case of LINK or any of its Affiliates as the indemnifying party, any Services provided to Customer free of charge.

13.4 Conditions. Sections 13.1 (LINK Indemnification Obligations) and 13.2 (Customer Indemnification Obligations) are conditioned on the following:(a) Any indemnified party must promptly notify the indemnifying party in writing of any allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with the indemnifying party to resolve the allegation(s) and Third-Party Legal Proceeding. If breach of this Section 13.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party's obligations under Section 13.1 (LINK Indemnification Obligations) or 13.2 (Customer Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice.(b) Any indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party's prior written consent, not to be unreasonably withheld, conditioned, or delayed.

13.5 Remedies.(a) If LINK reasonably believes the Services might infringe a third party's Intellectual Property Rights, then LINK may, at its sole option and expense (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing without materially reducing their functionality; or (iii) replace the Services with a non-infringing, functionally equivalent alternative.(b) If LINK does not believe the remedies in Section 13.5(a) are commercially reasonable, then LINK may Suspend or terminate Customer's use of the impacted Services.

13.6 Sole Rights and Obligations. Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 13 (Indemnification).

14. Miscellaneous:
14.1 Notices. Under the Agreement, notices to Customer must be sent to the Notification Email Address and notices to LINK must be sent to support@linkdata.com. Notice will be treated as received when the email is sent. Customer is responsible for keeping its Notification Email Address current throughout the Term.

14.2 Emails. The parties may use emails to satisfy written approval and consent requirements under the Agreement.

14.3 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where (a) the assignee has agreed in writing to be bound by the terms of this Agreement, and (b) the assigning party has notified the other party of the assignment. Any other attempt to assign is void. contracting entity.

14.4 Change of Control. If a party experiences a change of Control other than as part of an internal restructuring or reorganization (for example, through a stock purchase or sale, merger, or other form of corporate transaction), that party will give written notice to the other party within 30 days after the change of Control.14.5 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

14.6 Subcontracting. LINK may subcontract obligations under the Agreement but will remain liable to Customer for any subcontracted obligations.

14.7 No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.

14.8 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.

14.9 Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.14.10 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.14.11 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.

14.12 U.S. Governing Law.
(a) For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county, or state government entity, then the Agreement will be silent regarding governing law and venue.
(b) For U.S. Federal Government Entities. If Customer is a U.S. federal government entity, then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW, (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
(c) For All Other Entities. If Customer is any entity not identified in Section 14.12(a) (U.S. Governing Law for U.S. City, County, and State Government Entities) or (b) (U.S. Governing Law for Federal Government Entities), then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

14.13 Amendments. Except as stated in Section 1.4(b) (Modifications: To the Agreement) or (c) (Modifications: To the Cloud Data Processing Addendum), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.

14.14 Survival. The following Sections will survive expiration or termination of this Agreement: Section 2 (Payment Terms), Section 5 (Intellectual Property Rights; Protection of Customer Data; Feedback), Section 7 (Confidential Information), Section 8.6 (Effect of Termination), Section 11 (Disclaimer), Section 12 (Limitation of Liability), Section 13 (Indemnification), and Section 14 (Miscellaneous).

14.15 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in this Agreement. The URL Terms are incorporated by reference into the Agreement. After the Effective Date, LINK may provide an updated URL in place of any URL in this Agreement.

14.16 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order (of decreasing precedence): the Cloud Data Processing Addendum, the remainder of the Agreement (excluding the URL Terms), and the URL Terms (excluding the Cloud Data Processing Addendum).

14.17 Headers. Headings and captions used in the Agreement are for reference purposes only and will not have any effect on the interpretation of the Agreement.

14.18 Conflicting Languages. If this Agreement is translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.

14.19 Definitions.

  • "Account" means Customer's LINK Cloud Servicesaccount.

  • "Admin Console" means the online console(s) or dashboard provided by LINK to Customer for administering the Services.

  • "Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.

  • "Anti-Bribery Laws" means all applicable commercial and public anti-bribery laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010, that prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. Government officials include: any government employees, candidates for public office, members of royal families, and employees of government-owned or government-controlled companies, public international organizations, and political parties.

  • "AUP" means the then-current acceptable use policy for the Services stated.

  • "BAA" or "Business Associate Agreement" is an amendment to the Agreement covering the handling of Protected Health Information (as defined in HIPAA).

  • "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.

  • Cloud Data Processing Addendum means the then-current terms describing data processing and security obligations with respect to Customer Data,

  • "Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Subject to the preceding sentence, Customer Data is considered Customer's Confidential Information.

  • "Control" means control of greater than 50 percent of the voting rights or equity interests of a party.

  • "Customer Application" means a software program that Customer creates or hosts using the Services.

  • "Customer Data" means data provided to LINK by Customer or End Users through the Services under the Account, and data that Customer or End Users derive from that data through their use of the Services.

  • "Documentation" means the LINK documentation (as may be updated from time to time) in the form generally made available by LINK to its customers for use with the Services

  • "End Users" means the individuals who are permitted by Customer to use the Services. For clarity, End Users may include employees of Customer Affiliates and other authorized third parties.

  • "Export Control Laws" means all applicable export and re-export control laws and regulations, including (a) the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, (b) trade and economic sanctions maintained by the U.S. Treasury Departments Office of Foreign Assets Control, and (c) the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State.

  • "Fee Accrual Period" means a calendar month or another period specified by LINK in the Admin Console.

  • "Fees" means the applicable fees for each Service, Software, or TSS plus any applicable Taxes.

  • "LINK API" means any application programming interface provided by LINK as part of the Services.

  • "High Risk Activities" means activities where the use or failure of the Services would reasonably be expected to lead to death, personal injury, or environmental or property damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry).

  • "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it.

  • "including" means including but not limited to.

  • "Indemnified Liabilities" means any (i) settlement amounts approved by the indemnifying party and (ii) damages and costs finally awarded against the indemnified party by a court of competent jurisdiction.

  • "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.

  • "Legal Process" means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.

  • "Liability" means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.

  • "Notification Email Address" means the email address(es) designated by Customer in the Admin Console.

  • "Project" means a collection of LINK Cloud Servicesresources configured by Customer via the Services.

  • "Service Specific Terms" means the then-current terms specific to one or more Services stated at Terms Conditions (linkdata.com)

  • "Services" means the then-current services described at Cloud Services | Offering services across the globe | Linkdata.com, excluding any Third-Party Offerings.

  • "SLA" means each of the then-current service level agreements

  • "Software" means any downloadable tools, software development kits, or other such computer software provided by LINK in connection with the Services, and any updates LINK may make to such Software from time to time, excluding any Third-Party Offerings.

  • "Suspend" or "Suspension" means disabling or limiting access to or use of the Services or components of the Services.

  • "Taxes" means all government-imposed taxes, except for taxes based on LINK 's net income, net worth, asset value, property value, or employment.

  • "Term" has the meaning stated in Section 8.1 (Agreement Term) of this Agreement.

  • "Third-Party Offerings" means (a) third-party services, software, products, and other offerings that are not incorporated into the Services or Software, (b) offerings identified in the "Third-Party Terms" section of the Service Specific Terms, and (c) third-party operating systems.

  • "Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).

  • "Trademark Guidelines" means LINK 's Guidelines for Third Party Use of LINK Brand Features

  • "TSS" means the then-current technical support service provided by LINK to Customer under the TSS Guidelines.

  • "URL Terms" means, collectively, the AUP, Cloud Data Processing Addendum, Service Specific Terms, SLA, and TSS Guidelines.

Service Level Agreement (SLA)

Virtual Private Server Service Level Agreement (SLA)

This Virtual Private Server Service Level Agreement (this "SLA") is a policy governing the use of the LINK Services listed below and applies separately to each Customer using these LINK Services. In the event of a conflict between the terms of this SLA and the Terms and conditions (the "Terms of Service"), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Terms of Service.

Service Availability Commitment
LINK will use commerciallyreasonable efforts to ensure that each class of LINK Service identified belowis "Available" during a given calendar month equal to the"Monthly Availability Commitment" for such LINK Service as setforth in the table below. In the event any of the LINK Services do not meet theMonthly Availability Commitment, You will be eligible to receive a ServiceCredit as described below.

Classof LINK Services

Monthly   Availability Commitment

Starter

99.9%

Value

99.9%

Essential

99.9%

Comfort

99.9%

Elite

99.9%

Best  Value

99.9%

Calculation of Availability
"MonthlyAvailability Percentage" is calculated by subtracting from 100% thepercentage of minutes during the month in which any class of LINK Service wasUnavailable. Monthly Availability Percentage measurements excludeUnavailability resulting directly or indirectly from any UnavailabilityExclusion (as defined below).

Service CreditsService Credits arecalculated as a percentage of the total Fees paid by You (excluding one-timepayments) for the individual LINK Service for the calendar month in which theUnavailability occurred in accordance with the schedule below.

Monthly Availability Percentage

Service Credit Percentage

Less than 99.9% but equal to or greater  than 99.0%

10%

Less  than 99.0% but equal to or greater than 95.0%

30%

Less than 95.0%

100%

How to Request a Service Credit

  • To request a Service Credit, You must file a support request withinsixty (60) calendar days of the suspected incident via the LINK Control Panel.

  • If the Monthly Availability Percentage of such request is confirmed byLINK and is less than the Monthly Availability Commitment, then LINK will issuethe Service Credit to You within forty-five (45) calendar days in which yourrequest is confirmed by LINK. LINKs monitoring tools, data and records will bethe sole source of information used to track and validate Availability.

  • Service Credits will be issued to the person or entity that LINKinvoices for the applicable instance of the LINK Service, as a separate creditmemo that can be applied towards a future invoice for that LINK Serviceinstance. If Your Service Term for the LINK Service expires or is terminatedprior to the issuance of a Service Credit, the Service Credit will become voidas of the date of the expiration or termination.

  • You will not be eligible to receive a Service Credit if: (i) YourAccount has any payments for the LINK Service that are delinquent, (ii) You arein violation of the Terms of Service during the time of the incident, or (iii)the incident was due to Your failure to meet Your security responsibilities asset forth in the Terms of Service.

  • The Service Credits specified in this SLA are Your sole and exclusiveremedies for any incident occurring during Your Service Term for the LINKService or for any other claim in connection with this SLA. In no event willthe amount of Service Credits issued for all incidents within a given monthexceed 100% of the monthly invoiced amount for the LINK Services.

Unavailable and Unavailability Exclusions

  • A class of LINK Services will be considered "Unavailable"or in a state of "Unavailability" when a class of LINKServices has no external connectivity.

  • The following (each an "Unavailability Exclusion") willbe excluded from any time-based calculations related to a class of LINK Servicebeing Unavailable:

i.scheduled, recurring, or zero impact maintenance windows;
ii.Unavailability due to Your misuse of a particular class of LINK Service;
iii.Unavailability that results from Your facilities, equipment, software,or other technology and/or third-party facilities, equipment, services,software, or other technology (other than third party equipment within LINKsdirect control); 
iv. Unavailability arising from Your use of an outdated release of the LINKServices or third-party software, or any failure to install a material Updateto either of the foregoing;
v.Unavailability caused by third-party service or facility providers,including any telecom, internet, or other related service or facility provider,or packet loss, network or Internet problems beyond LINK’s border routersupporting LINKs public internet connectivity;
vi.Denial of service attacks, virus or hacking attacks, or bugs in code,hardware, or services for which there is no commercially reasonable, knownsolution (even if there is a known workaround); and 
vii. Force majeure events or any other event that are not within LINK’sdirect control or that could not have been avoided with commercially reasonablecare.

LINK will use its best efforts to communicate downtimeevents prior to scheduled, recurring, or zero impact maintenance windows asdescribed above, however, this will not always be possible. Without limitingthe foregoing, service interruptions due to emergency maintenance willconstitute Unavailability Exclusions equivalent to scheduled maintenancewindows, provided that (1) LINK notifies You of such emergency maintenance assoon as possible and (2) downtime due to emergency maintenance does not exceedfour (4) hours in any month.

Cloud Storage Service Level Agreement (SLA)

During the Term of the agreement under which LINKhas agreed to provide LINK Cloud Platform to Customer (as applicable, the"Agreement"), the Covered Service will provide a Monthly UptimePercentage to Customer as follows (the "Service Level Objective" or"SLO"):

Covered Service

Monthly Uptime Percentage

Standard storage class in a multi-region or  dual-region location of Cloud Storage

>= 99.95%

>= Standard storage class in a regional  location of Cloud Storage; Nearline, Coldline, or Archive storage class in a  multi-region or dual-region location of Cloud Storage99.95%

>= 99.9%

Nearline, Coldline, or Archive storage class  in a regional location of Cloud Storage; Durable Reduced Availability storage  class in any location of Cloud Storage

>= 99.0%

Any Cloud Storage bucket for which the turbo  replication feature has been activated for the entire billing month

Any Cloud Storage bucket for which the turbo  replication feature has been activated for the entire billing month

Monthly Replication Time Conformance
>= 99.0%
Monthly Replication Volume Conformance
>= 99.9%

If LINKdoes not meet the SLO, and if Customer meets its obligations under this SLA,Customer will be eligible to receive the Financial Credits described below.Monthly Uptime Percentage, Monthly Replication Time Conformance, MonthlyReplication Volume Conformance, and Financial Credit are determined on acalendar month basis per Project or, with respect to the turbo replicationfeature, per Cloud Storage bucket. This SLA states Customer's sole andexclusive remedy for any failure by LINK to meet the SLO. Capitalized termsused in this SLA, but not defined in this SLA, have the meaning set forth inthe Agreement. If the Agreement authorizes the resale or supply of LINK CloudPlatform under a LINK Cloud partner or reseller program, then all references toCustomer in this SLA mean Partner or Reseller (as applicable), and anyFinancial Credit(s) will only apply for impacted Partner or Reseller order(s)under the Agreement.

Definitions
The following definitionsapply to the SLA:

  • "Back-off     Requirements" means, when an error occurs,     the Application is responsible for waiting for a period of time before     issuing another request. This means that after the first error, there is a     minimum back-off interval of 1 second and for each consecutive error, the     back-off interval increases exponentially up to 32 seconds.

  • "Bad RPO Minute" means each minute where there are outstanding     replications taking longer than 15 minutes for the turbo replication   feature to complete.

  • "Covered Service" means Cloud Storage.

  • "Error Rate" means the number of Valid Requests that result   in a response with an HTTP Status in the 500 range divided by the total     number of Valid Requests during the applicable period, represented as a     percentage. Repeated identical requests do not count towards the Error     Rate unless they conform to the Back-off Requirements.

  • "Financial Credit" means the following for the Standard storage   class in a multi-region or dual-region location of Cloud Storage:

Monthly Uptime Percentage

Percentage of monthly bill for the Standard storage  class in a multi-region or dual-region location of Cloud Storage that does  not meet SLO that will be credited to Customer's future monthly bills

99.0% – < 99.95%

10%

95.0% – < 99.0%

25%

< 95.0%

50%

  • "Financial Credit" means the following for the Standard storage class in a regional location of Cloud Storage, and the Nearline, Coldline, or Archive storage class in a multi-region or dual-region location of Cloud Storage:

Monthly Uptime Percentage

Percentage of monthly bill for the Standard  storage class in a regional location of Cloud Storage or the Nearline,  Coldline, or Archive storage class in a multi-region or dual-region location  of Cloud Storage that does not meet SLO that will be credited to Customer's  future monthly bills

99.0% – < 99.9%

10%

95.0% < 99.0%

25%

< 95.0%

50%

  • "Financial Credit" means the following for the Nearline, Coldline, or Archive storage class in a regional location of Cloud Storage, and Durable Reduced Availability storage class in any location of Cloud Storage:

Monthly Uptime Percentage

Percentage of monthly bill for the Nearline, Coldline, or Archive storage class in a regional location of Cloud Storage,  or the Durable Reduced Availability storage class in any location of Cloud Storage that does not meet SLO that will be credited to Customer's future monthly bills

98.0% < 99.9%

10%

95.0% – < 98.0%

25%

< 95.0%

50%

  • "Financial Credit" means the following for a Cloud Storage bucket for which the turbo replication feature has been activated for the entire calendar month:

Monthly Uptime Percentage

Monthly Uptime Percentage

Percentage of monthly bill for the Nearline,  Coldline, or Archive storage class in a regional location of Cloud Storage,  or the Durable Reduced Availability storage class in any location of Cloud  Storage that does not meet SLO that will be credited to Customer's future  monthly bills

98.0% < 99.9%

99.0% – < 99.9%

10%

95.0% – < 98.0%

95.0% – < 99.0%

25%

 <95.0%

 <95.0%

 50%

*If both a Monthly UptimePercentage SLO and turbo replication SLO are affected in a given month withinthe same Project, then Customer will only be entitled to the greater of the twocorresponding Financial Credits (not both).

  • "Monthly Replication Time Conformance" means 100% minus the percentage of Bad RPO Minutes during the calendar month.

  • "Monthly Replication Volume Conformance" means 100% minus the percentage of applicable Cloud Storage objects in the calendar month that the turbo replication feature did not replicate within 15 minutes.

  • "Monthly Uptime Percentage" means 100%, minus the average of Error Rates measured over each five minute period during the calendar month.

  • "Valid Requests" are requests that conform to the Documentation, and that would normally result in a non-error response.

Customer Must Request
Financial CreditInorder to receive any of the Financial Credits described above, Customer must notify LINK technical support within 30 days from the time Customer becomes eligible to receive a Financial Credit.Failure to comply with this requirement will forfeit Customer's right toreceive a Financial Credit.

Maximum Financial Credit
Theaggregate maximum number of Financial Credits to be issued by LINK to Customerin a single billing month will not exceed 50% of the amount due by Customer forthe applicable Covered Service for the applicable month. Financial Credits willbe made in the form of a monetary credit applied to future use of the Serviceand will be applied within 60 days after the Financial Credit was requested.

SLA Exclusions
TheSLA does not apply to any (a) features or Services designated pre-generalavailability (unless otherwise set forth in the associated Documentation); (b)features or Services excluded from the SLA (in the associated Documentation);or (c) errors (i) caused by factors outside of LINK's reasonable control; (ii)that resulted from Customer's software or hardware or third party software orhardware, or both; (iii) that resulted from abuses or other behaviors thatviolate the Agreement; or (iv) that resulted from quotas listed in the AdminConsole.

Domain Registration (SLA)

This servicesupport agreement effective as of the last date written above, is made by andbetween LINK, and the client whose name and address are mentioned on thefirst page of this contract, referred to as the second party.
Purpose andGoal of the Agreement
The purpose of this Agreement is to constitutes the entire understanding between the partieshereto in order to regulate any concern or reported issue that might occur onthe service provided to the customer.
The goal ofthis Agreement is to obtain mutual agreement for the service provision betweenthe Service Provider(s) and Customer(s).The objectives ofthis Agreement are to:Provide clearreference to service ownership, accountability, roles and/or responsibilities.Present aclear, concise and measurable description of service provision to the customer.Matchperceptions of expected service provision with actual service support &delivery.
Scope of Support Service:
LINK commit toprovide service and support to our customer to cover Domain Registrationservice:

  • If the requested name is available, LINK will attempt to register and maintain domain names requested and ordered in writing by the custom Customer shall retain ownership of the registered domain name(s) provided that LINK is paid any outstanding charges associated with any services provided by LINK or any balance due as a result of the Agreement the Customer signed with LINK.

  • LINK reserves the right to change the amount of the domain name registration charges upon thirty (30) days notice to the Customer.

  • The reported problems and technical queries are treated according to the below classified severity levels:

Severity 1 (S1)

The customer’s existing service is down or there is a critical effect on their business operations.

Severity 2 (S2)

Operation of a customer’s existing service is severely degraded, or significant aspects of customer’s business operations are negatively affected

Severity 3 (S3)

Operational performance of the service is impaired, although most business operations remain functional

Severity 4 (S4)

Information is required about the service, or configuration. There is little or no effect on business operations

  • LINK commit on the below support matrix to solve any issue related to domain registration service based on severity classification:

Level of urgency and specification

Case Ownership

Remedy Time

Final Resolution Time

Severity 1
This includes the unavailability of the service or a performance degradation of the service that affects [Customer]s Core Business value stream.

1/2 Hours

1 Hours

4 Hours

Severity 2
This includes the Performance degradation of the service that does not impact the [Customer]’s Core Business Value

1 Hours

3 Hours

8 Hours

Severity 3
This is the failure of a non-critical component of the Service. All service incidents that affects a single user, Application Alerts or events

2 Hours

6 Hours

24 Hours

Severity 4
Technical Enquiries

6 Hours

24 Hours

48 Hours

  • All above severities can be reported by phone, email and website, the customer can determine his/her issue based on predefined categorization as below:
    - Domain Management Issues and Inquiries.
    - WHOIS Verification Issues and Domain Suspensions.
    - Rights Protection & Ownership Disputes.
    - Transfer Issues.
    - Content Abuse, Fraud, & Phishing Issues.
    - Renewal Issues.
    - Miscellaneous.

Service Level Agreement Workflow

Open Support Ticket Link
provide below support channel to our customer in order to open ticket for any issue:·     
Email: support@linkdata.com.
Phone: +9647508193333.
Website Chat
Client Portal

Service Availability

  • Link will make the service available 24 hours per day every day of the year.

  • Scheduled Maintenance; expecting necessary planned interruptions for service, upgrades, and reconfiguration. LINK will minimize the number and duration of these interruptions not to exceed 1 hour per month. LINK will attempt to coordinate with all affected customers to schedule the interruptions for times least disruptive to the customers in one week advance.

  • Planned Outages; LINK will communicate planned outages to customers by email or by phone 7 business days before the outage. If a planned outage becomes necessary in cases of great urgency, we will communicate soon after the outage necessity is determined.

  • Unplanned Outages; Link will communicate unplanned outages as time permits, to the first available Customer contact by phone and email, if the first customer unavailable Link will communicate any technical or admin contact.

Service Limitation
LINK shall not be responsible for the Customer’s web site or domain management portal not being accessible on the Internet due to the circumstances not in the direct control of LINK, such as limitations of the Internet users’ equipment, Internet Service provider outages and/or browser software limitations.

LINK Kubernetes Service LKS (SLA)

Additional Definitions
Link Kubernetes Service (LKS) Cluster" A Kubernetes cluster is divided into two components:

  • Control plane nodes provide the core Kubernetes services and orchestration of application workloads.

  • Nodes run application workloads.

"Kubernetes API Server" When you create an LINK Kubernetes Service (LKS) Cluster, a control plane is automatically created and configured. The control plane includes the API Server that exposes the underlying Kubernetes API.
"Availability Zone" is a fault-isolated area within an LINK region, providing redundant power, cooling, and networking.
Uptime Calculation and Service Levels for LKS Clusters that use Availability Zones
"Maximum Available Minutes" is the total accumulated minutes of an Availability Zone enabled LKS Cluster to the time Customer has initiated an action to stop or delete the LKS Cluster during an Applicable Period.
"Downtime" is the total accumulated minutes that are part of Maximum Available Minutes with no connectivity to Kubernetes API Server from provisioned Availability Zone enabled LKS Cluster in the region.
"Uptime Percentage" for Availability Zone enabled LKS Clusters is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in an Applicable Period for a given LINK subscription. Uptime Percentage is represented by the following formula:Cluster" A Kubernetes cluster is divided into two components:

The following Service Levels and Service Credits are applicable to Customers use of LKS Clusters that have Availability Zones enabled in the region:

Uptime Percentage

< 99.95%

< 99%

< 95%

Uptime Calculation and Service Levels for LKS Clusters that don't use Availability Zones
"Maximum Available Minutes"
is the total accumulated minutes of a provisioned LKS Cluster to the time Customer has initiated an action to stop or delete the cluster during an Applicable Period.
"Downtime" is the total accumulated minutes that are part of Maximum Available Minutes where a provisioned LKS Cluster has no connectivity to Kubernetes API Server.
"Uptime Percentage" is calculated as Maximum Available Minutes less Downtime divided by Maximum Available Minutes in an Applicable Period for a given LINK subscription. Uptime Percentage is represented by the following formula:

Domain Name Registration

Domain Names are available for registration. Registrations are subject to specific agreements depending upon the specific domain name and relevant domain name registry, some of which are referenced below in part. By registering any domain name using our Services you are agreeing to the terms of the relevant registrar and registry, each of which is incorporated by reference within this Agreement.
Domain names are registered under clients" names and are managed by Hosting.uk on your behalf. Privacy protection may be available and if available can be enabled upon your request for an additional fee. At any time you will have the option of taking full control over the domain name.Domain Names may also be available for lease but a separate leasing agreement is required. Please contact us if you are interested in domain name leasing.

Nominet: Terms & Conditions
Visit Nominet
www.nominet.uk/go/terms

LINK. and this Site is member of Nominet. When registering with us any domain names available through the Nominet registry, you agree on this Agreement, as well as the Nominet"s UK terms and conditions, and which (in addition to being provided in part below) are incorporated within this Agreement by reference.

1. Service Level Agreement
We offer a Service Level Agreement of 3-4 business days for any issues with our customer"s domains registered through the Nominet registry. We aim to resolve the issue as fast as possible.

2. Complaints
If you are not satisfied with our domain related service you can sent your complaint to us. Please describe the issue as detailed as possible. It will allow our team to proceed with your complaint immediately. We will acknowledge your complaint within 1 business day. We aim to resolve any problems within 4 business days.You have the right to file a formal complaint about a registrar (the .uk registry).

3. Abuse
In case you suffer from any abuse (phishing scams, spam emails), please contact us. We aim to resolve any issues within 4 business days.

4. Data Validation
LINK. is responsible for WHOIS data accuracy. We may require your cooperation when verifying domain contact.

5. Domain Expiry
We will typically send you invoices 10 days before domain"s expiration date. Emails will be sent to the email address in the account. It is the client"s responsibility to maintain their data up to date.

6. Domain Renewals & Grace Period
If you fail to renew your domain name within the specified timeframes outlined in this Agreement, you acknowledge that LinkData.com may, at its sole discretion, automatically renew your expired domain name on your behalf. Should LinkData.com choose to renew your expired domain name on your behalf, you will be granted a Renewal Grace Period, during which you are required to reimburse LinkData.com for the renewal to retain ownership of your domain name. The current Renewal Grace Period is set at twelve (12) days, though it is subject to modification according to the terms of this Agreement. If your domain name is deleted, the Registry also offers a 30-day Redemption Grace Period, allowing you the opportunity to pay LinkData.com a redemption fee of $80 and reclaim your domain name. The redemption fee will be clearly indicated during the checkout process and is subject to change as per the terms of this Agreement. Failure to redeem your domain name before the conclusion of the Registry's Redemption Grace Period will result in the release of your name, making it available for registration on a first-come-first-served basis. Renewal Grace Periods and Redemption Grace Periods may vary for different ccTLDs, and you are advised to consult the specific terms applicable to the TLD in question. In the event of a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall take precedence.

7. Transfer / Cancellation
You can transfer your domain away from us at any time and fees may apply. For transfer in fees may apply. Please note that a 90 day hold period (during which transfers may not be undertaken) may be applied in the event you change any information contained within your WHOIS registration data.
To ensure a smooth and timely domain transfer process, we require that all domain transfer requests to a new registrar be initiated at least five (5) days before the expiration date. This timeframe allows for the necessary processing, verification, and authorization steps to be completed without delays.
Failure to initiate the transfer within this timeframe may result in delays or fail

Refund Policy

Effective as of June 23, 2022

Standard Provisions
This Refund Policy is incorporated within and not in lieu of the Agreement.Subject to more specific refund policies stated below, Services that you purchase from us may be subject to a refund only if cancelled within the following timeframe:

Annual Plans: Within 30 days of the Transaction Date.

Monthly Plans (less than 1 year): Within 48 hours of the Transaction Date.Security Services with remediation service cannot be refunded once a cleanup request has been submitted and services have begun (including automated scanning).

"Transaction Date"
, means the date of purchase of any product or service, which includes the date any renewal is actually processed by us or via our Site.

No Refund After Account Closure: Accounts will be automatically closed upon cancellation/termination of all Services. You must make a request for refund before your account is closed. Even if otherwise eligible for a refund under our standard or specific policies, no refund will be made if notice is provided after the date your Service is cancelled or terminated for any reason.The Standard Provisions are subject in all cases to the specific refund policies set forth below and in the case of a conflict the specific refund provision most favorable to us will apply. Some Services are not subject to refund.

Specific Service-Related Refund Policies

Domain Name Registrations/Renewals
Registrations and renewals of domain names having of any type of extension (e.g. com/net/org, etc.) and renewals are not refundable. Any fees paid for pre-registration of any domain name is not refundable. Terms of individual registries may differ and any shorter period imposed by the domain name registry will control.

Hosting Services
Subject to special provisions appearing on our Site at the time you purchased your subscription, refunds may be available for Hosting Services based upon the nature of your subscription, as follows: Monthly Subscriptions. A refund may be available if you terminate within 30 days of the Transaction Date and we have not yet made the Hosting Services available to you. No refunds are provided if we have already made Hosting Services available to you. Quarterly Subscriptions. A refund may be available if you terminate within 30 days of the Transaction Date and we have not yet made the Hosting Services available to you. No refunds are provided if we have already made Hosting Services available to you. Annual Subscriptions. A refund may be available if you terminate within 30 days of the Transaction Date and we have not yet made the Hosting Services available to you. If we have already made Hosting Services available to you, you will remain responsible for payment of Hosting Services for the first 6 months of the annual subscription period and if you have paid in you will receive a refund equal to six (6) months of your subscription fee, measured on a prorated basis. Exclusions. A refund of fees paid for Dedicated Servers. Hosting, VPS Server Hosting or Cloud-based Hosting Services may be available if you terminate within 30 days of the Transaction Date and we have not yet acquired or provisioned the dedicated or VPS server or otherwise made the Hosting Services available to you.

Website Security
A refund may be available if you terminate within 30 days of the Transaction Date unless we have commenced security scans or malware has been otherwise identified and/or removed.

Cloud Backup
You may receive a refund may be available if you terminate within 30 days of the Transaction Date and we have not yet made the relevant Backup Service available to you. If we have made the Backup service available to you will not be entitled to a refund.

Mega Cloud Backup
Mega Backups are provided by way of purchased coupons issued by the supplier, Mega Limited. No refunds are provided.

Monitoring Tools
Uptime, Full Page Load, Servers/VPN Monitoring and Custom Monitoring ("Monitoring Tools") are provided on a periodic subscription basis. If you cancel Monitoring Tools, we will provide you may receive a refund may be available if you terminate within 30 days of the Transaction Date and we have not yet made the relevant Monitoring Tool available to you. No refunds are provided if we have already made relevant Monitoring Tool available to you or if we incur a charge from any third party in connection with your order.

SEO Services
We normally sell our SEO Services with a twelve (12) month commitment. Although you may cancel SEO Services at any time, your cancellation will only be effective as of the last day in the billing period for your subscription and we will stop billing you at the end of the billing period in which your cancellation was received. Any amounts related to the current or prior billing period(s) remain due and are not refundable.

Site Builder
Site Builder is a software tool and provided on a periodic subscription basis. Although you may cancel Site Builder at any time, your cancellation will only be effective as of the last day in the billing period for your subscription and we will stop billing you at the end of the billing period in which your cancellation was received. Any amounts related to the current or prior billing period(s) remain due and are not refundable. Please note that because of the issues migration, your website may no longer be available should your Site Builder Service be cancelled or terminated.

Web Design Services
A refund may be available if you terminate within 30 days of the Transaction Date and we have not yet begun any work on your project. Once any work has commenced no amount is refundable.

SSL Certificates
SSL Certificates are provided on a periodic subscription basis. Although you may cancel your subscription at any time, your cancellation will only be effective as of the last day in the billing period for your subscription and we will stop billing you at the end of the billing period in which your cancellation was received. Any amounts related to the current or prior billing period(s) remain due and are not refundable.

VPN Services
VPN services are provided on a periodic subscription basis. You may cancel your VPN subscription at any time but your cancellation will only be effective as of the last day in the billing period for your subscription and we will stop billing you at the end of the billing period in which your cancellation was received. Any amounts related to the current or prior billing period(s) remain due and are not refundable.

Purchased Product w/ Domain Name or Additional Service
In the event any purchased Service includes a free domain name, if you cancel (or we terminate) the Service, the full list price for the domain name will be deducted from any amount otherwise refunded. If no amount is refundable control over the domain name will be provided to you upon our receipt of the full list price for the domain name registration covering the period for which it was registered to you. The list price is not subject to any promotion or discount. As of your cancellation (or termination) of the paid-for Service, your access to any additional Service that had been offered without charge will cease to become free and you must pay the normal subscription price for them to continue. Payment is for such formerly free Services will be due within five (5) days of our notice to you (by email or otherwise) and failure to timely pay will result in termination thereof.

Configuration or Expert Services
If we have already begun to provide you with any these Services then no part of the fee is refundable. If we have not yet begun services, refunds are provided if termination is received within 30 days of the Transaction Date.

Products/Services Not Eligible for Refunds
No refunds are available for Products/Services if such is provided via a third party (whether by license or otherwise) and a refund is not otherwise available to us from the third party.The suspension, reduction of capacity or termination of any product or Service by us in accordance with this Agreement will not be subject to refund and all payments shall remain due and payable, including amounts related to the period of any suspension or capacity reduction.

Refunds, if provided, are net of all amounts due us and further reduced by refund payment related fees, including bank transfer fees imposed by our bank.
End Refund Policy
Last updated: December 4th, 2023

LINK - Security Policy

1- INTRODUCTION
2.1- ACCEPTABLE USE OF  INFORMATION SYSTEMS
2.2- CLEAN DESK
2.3 " FIREWALLS SECURITY
2.4 " INTERNET2.5 " PASSWORDS
2.6 " SERVER SECURITY
2.7 " SERVER VIRTUALIZATION
2.8 " Website Policy

1.INTRODUCTION
Information Technology (IT) is an integral and critical component of daily business. This policy seeks to ensure that IT resources efficiently serve the primary business functions, provide security for members" electronic data, and comply with federal and other regulations.IT resources typically include hardware (computers, servers, peripherals), software (licensed applications, operating systems), network equipment (routers, firewalls, wiring), and IT personnel.The overriding goal of any IT security policy is to comply with all federal and other regulations and to protect the integrity of the private and confidential member and business data that resides within the business"s technology infrastructure.

ACCEPTABLE USE OF INFORMATION SYSTEMSDefinitions
Information Systems: All electronic means used to create, store, access, transmit, and use data, information, or communications in the conduct of administrative, instructional, research, or service activities.Additionally, it is the procedures, equipment, facilities, software, and data that are designed, built, operated, and maintained to create, collect, record, process, store, retrieve, display, and transmit information.Authorized User: An individual or automated application or process that is authorized access to the resource by the system owner, in accordance with the system owner"s procedures and rules.Extranet: An intranet that is partially accessible to authorized persons outside of a company or organization.

Overview
Data, electronic file content, information systems, and computer systems at LINK must be managed as valuable organization resources.Information Technology"s (IT) intentions are not to impose restrictions that are contrary to LINK"s established culture of openness, trust, and integrity. IT is committed to protecting LINK"s authorized users, customers, and the company from illegal or damaging actions by individuals either knowingly or unknowingly.Internet/Intranet/Extranet-related systems, including, but not limited to, computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and File Transfer Protocol (FTP) are the property of LINK.These systems are to be used for business purposes in serving the interests of LINK and of its clients and members during normal operations.Effective security is a team effort involving the participation and support of every LINK employee, volunteer, and affiliate who deals with information and/or information systems.It is the responsibility of every computer user to know these guidelines and to conduct activities accordingly.

Purpose
The purpose of this policy is to outline the acceptable use of IT equipment at LINK. These rules are in place to protect the authorized user and LINK. Inappropriate use exposes LINK to risks including virus attacks, compromise of network systems and services, and legal issues.

Scope
This policy applies to the use of information, electronic and computing devices, and network resources to conduct LINK business or interacts with internal networks and business systems, whether owned or leased by LINK, the employee, or a third party.All employees, volunteer/directors, contractors, consultants, temporaries, and other workers at LINK, including all personnel affiliated with third parties, are responsible for exercising good judgment regarding appropriate use of information, electronic devices, and network resources in accordance with LINK policies and standards, local laws, and regulations.

Policy DetailOwnership of Electronic Files
All electronic files created, sent, received, or stored on LINK owned, leased, or administered equipment or otherwise under the custody and control of LINK are the property of LINK.

General Use and Ownership
Access requests must be authorized and submitted from departmental supervisors for employees to gain access to computer systems. Authorized users are accountable for all activity that takes place under their username.Authorized users should be aware that the data and files they create on the corporate systems immediately become the property of LINK. Because of the need to protect LINK"s network, there is no guarantee of privacy or confidentiality of any information stored on any network device belonging to LINK.For security and network maintenance purposes, authorized individuals within the LINK IT Department may monitor equipment, systems, and network traffic at any time.LINK"s IT Department reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy.LINK"s IT Department reserves the right to remove any non-business-related software or files from any system.Examples of non-business-related software or files include, but are not limited to; games, instant messengers, pop email, music files, image files, freeware, and shareware.

Security and Proprietary Information
All mobile and computing devices that connect to the internal network must comply with all the different parts of LINK"s security policySystem level and user level passwords must comply with the Password Policy. Authorized users must not share their LINK login ID(s), account(s), passwords, Personal Identification Numbers (PIN), Security Tokens (i.e., Smartcard), or similar information or devices used for identification and authentication purposes.Providing access to another individual, either deliberately or through failure to secure its access, is prohibited.Authorized users may access, use, or share LINK proprietary information only to the extent it is authorized and necessary to fulfill the users assigned job duties.All PCs, laptops, and workstations should be secured with a password-protected screensaver with the automatic activation feature set at 10 minutes or less.All users must lockdown their PCs, laptops, and workstations by locking (control-alt- delete) when the host will be unattended for any amount of time. Employees must log-off, or restart (but not shut down) their PC after their shift.LINK proprietary information stored on electronic and computing devices, whether owned or leased by LINK, the employee, or a third party, remains the sole property of LINK. All proprietary information must be protected through legal or technical means.All users are responsible for promptly reporting the theft, loss, or unauthorized disclosure of LINK proprietary information to their immediate supervisor and/or the IT Department.All users must report any weaknesses in LINK computer security and any incidents of possible misuse or violation of this agreement to their immediate supervisor and/or the IT Department.Users must not divulge dial-up or dial-back modem phone numbers to anyone without prior consent of the LINK IT Department.Authorized users must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, e-mail bombs, or Trojan Horse codes.

Unacceptable Use
Users must not intentionally access, create, store, or transmit material which LINK may deem to be offensive, indecent, or obscene.Under no circumstances is an employee, volunteer/director, contractor, consultant, or temporary employee of LINK authorized to engage in any activity that is illegal under local, state, federal, or international law while utilizing LINK-owned resources.

System and Network Activities
The following activities are prohibited by users, with no exceptions:

  • Violations of the rights of any person or company protected by copyright, trade secret, patent, or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by LINK.

  • Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution from copyrighted sources, copyrighted music, and the installation of any copyrighted software for which LINK or the end user does not have an active license is prohibited. Users must report unlicensed copies of installed software to IT.

  • Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).

  • Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home.

  • Using a LINK computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws.

  • Attempting to access any data, electronic content, or programs contained on LINK systems for which they do not have authorization, explicit consent, or implicit need for their job duties.

  • Installing any software, upgrades, updates, or patches on any computer or information system without the prior consent of LINK IT.

  • Installing or using non-standard shareware or freeware software without LINK IT approval.

  • Installing, disconnecting, or moving any LINK owned computer equipment and peripheral devices without prior consent of LINK"s IT Department.

  • Purchasing software or hardware, for LINK use, without prior IT compatibility review.

  • Purposely engaging in activity that may.

  • degrades the performance of information systems.

  • obtains extra resources beyond those allocated or circumvents LINK computer security measures.

  • Downloading, installing, or running security programs or utilities that reveal passwords, private information, or exploit weaknesses in the security of a system. For example, LINK users must not run spyware, adware, password cracking programs, packet sniffers, port scanners, or any other non- approved programs on LINK information systems. The LINK IT Department is the only department authorized to perform these actions.

  • Circumventing user authentication or security of any host, network, or account.

  • Interfering with, or denying service to, any user other than the employee"s host (for example, denial of service attack).

  • Using any program/script/command, or sending messages of any kind, with the intent to interfere with or disable a user"s terminal session, via any means, locally or via the Internet/Intranet/Extranet.

Access to the Internet at home, from a LINK-owned computer, must adhere to all the same policies that apply to use from within LINK facilities. Authorized users must not allow family members or other non-authorized users to access LINK computer systems.
LINK information systems must not be used for personal benefit.

Incidental Use
As a convenience to the LINK user community, incidental use of information systems is permitted. The following restrictions apply:

  • Authorized Users are responsible for exercising good judgment regarding the reasonableness of personal use. Immediate supervisors are responsible for supervising their employees regarding excessive use.

  • Incidental personal use of electronic mail, internet access, fax machines, printers, copiers, and so on, is restricted to LINK approved users; it does not extend to family members or other acquaintances.

  • Incidental use must not result in direct costs to LINK without prior approval of management.

  • Incidental use must not interfere with the normal performance of an employee"s

  • work duties.

  • No files or documents may be sent or received that may cause legal action against, or embarrassment to, LINK.

  • Storage of personal email messages, voice messages, files, and documents within LINK"s information systems must be nominal.

  • All messages, files, and documents " including personal messages, files, and documents " located on LINK information systems are owned by LINK, may be subject to open records requests, and may be accessed in accordance with this policy.

  • Installing, disconnecting, or moving any LINK owned computer equipment and peripheral devices without prior consent of LINK"s IT Department.

2.2 " CLEAN DESK
Overview
LINK is committed to protecting the privacy of its employees and members and shall protect the confidentiality of nonpublic information consistent with laws.LINK has an obligation to ensure the security and confidentiality of its member records and to protect these records against unauthorized access that could result in any type of loss or inconvenience for its members.

Purpose
The purpose and principle of a "clean desk" policy is to ensure that confidential data is not exposed to individuals who may pass through the area such as members, service personnel, and thieves. It encourages methodical management of one"s workspace.Because of the risk of being compromised, confidential information should always be treated with care.

Policy Detail
To maintain the security and privacy of employees" and members" personal information, LINK employees should observe the "clean desk" rule. All employees should take appropriate actions to prevent unauthorized persons from having access to member information, applications, or data. Employees are also required to make a conscientious check of their surrounding work environment to ensure that there will be no loss of confidentiality to data media or documents.
The clean desk policy applies to:

  • Day Planners and Rolodexes that may contain non-public information

  • File cabinets, storage cabinets, and briefcases containing sensitive or confidential information

  • Any confidential or sensitive data, including reports, lists, or statements. Sensitive data refers to personal information and restricted data. Personal information includes, but is not limited to an individual"s name IDs, Passports and Access door cardso Driver"s license number or identification card number Account number, credit or debit card number, security code, access code, or password that could permit access to an individual"s financial account Restricted data is divided into two categories Personal data, that refers to any combination of information that identifies and describes an individual.
    Limited data, that refers to electronic information whose unauthorized access, modification, or loss could seriously or adversely affect LINK, its members, and non-members.

  • Electronic devices, including cell phones and PDAs

  • Keys used to access sensitive information

  • Printouts containing sensitive information

  • Data on printers, copy machines, and/or fax machines

  • Computer workstations and passwords

  • Portable media, such as CD"s, disks, or flash drives

  • Desks or work areas, including white boards and bookshelves

2.3 " FIREWALLS SECURITY

Firewall
:
Any hardware and/or software designed to examine network traffic using policy statements (ruleset) to block unauthorized access while permitting authorized communications to or from a network or electronic equipment.

Firewall configuration:
The system setting affecting the operation of a firewall appliance.

Firewall ruleset:
A set of policy statements or instructions used by a firewall to filter network traffic.

Host firewall: A firewall application that addresses a separate and distinct host, such as a personal computer.

Internet Protocol (IP):
Primary network protocol used on the Internet.

Network firewall:
A firewall appliance attached to a network for the purpose of controlling traffic flows to and from single or multiple hosts or subnet(s).

Network topology:
The layout of connections (LINKs, nodes, etc.) of a computer network.

Simple Mail Transfer Protocol (SMTP): An Internet standard for electronic mail (e- mail) transmission across Internet Protocol (IP) networks.

Virtual private network (VPN): A network that uses a public telecommunication infrastructure, such as the Internet, to provide remote offices or individual users with private, secure access to their organization"s network.

OverviewLINK operates network firewalls between the Internet and its private internal network to create a secure operating environment for LINK"s computer and network resources. A firewall is just one element of a layered approach to network security.

PurposeThis policy governs how the firewalls will filter Internet traffic to mitigate the risks and losses associated with security threats to LINK"s network and information systems.The firewall will (at minimum) perform the following security services:

  • Access control between the trusted internal network and untrusted external networks

  • Block unwanted traffic as determined by the firewall ruleset

  • Hide vulnerable internal systems from the Internet

  • Hide information, such as system names, network topologies, and internal user IDs, from the Internet

  • Log traffic to and from the internal network

  • Provide robust authentication

  • Provide virtual private network (VPN) connectivity

Policy Detail
All network firewalls, installed and implemented, must conform to the current standards as determined by LINK"s IT Department. Unauthorized or non-standard equipment is subject to immediate removal, confiscation, and/or termination of network connectivity without notice.The approach adopted to define firewall rulesets is that all services will be denied by the firewall unless expressly permitted in this policy.

  • Outbound " allows all Internet traffic to authorized groups

  • All traffic is authorized by Internet Protocol (IP) address and port The firewalls will provide:

  • Packet filtering " selective passing or blocking of data packets as they pass through a network interface. The most often used criteria are source and destination address, source and destination port, and protocol.

  • Application proxy " every packet is stopped at the proxy firewall and examined and compared to the rules configured into the firewall.

  • Stateful Inspection " a firewall technology that monitors the state of active connections and uses this information to determine which network packets to allow through the firewall.The firewalls will protect against:

  • IP spoofing attacks " the creation of IP packets with a forged source IP address with the purpose of concealing the identity of the sender or impersonating another computing system.

  • Denial-of-Service (DoS) attacks " the goal is to flood the victim with overwhelming amounts of traffic and the attacker does not care about receiving responses to the attack packets.

  • Any network information utility that would reveal information about the LINK domain.A change control process is required before any firewall rules are modified. Prior to implementation, LINK network administrators are required to have the modifications approved by the Director of IT or the VP of IT.

All firewall implementations must adopt the position of "least privilege" and deny all inbound traffic by default. The ruleset should be opened incrementally to only allow permissible traffic.Firewall rulesets and configurations require periodic review to ensure they afford the required levels of protection:LINK must review all network firewall rulesets and configurations during the initial implementation process and periodically thereafter.Firewall rulesets and configurations must be backed up frequently to alternate storage (not on the same device). Multiple generations must be captured and retained, to preserve the integrity of the data, should restoration be required.Access to rulesets and configurations and backup media must be restricted to those responsible for administration and review.

Responsibilities
The IT Department is responsible for implementing and maintaining LINK firewalls, as well as for enforcing and updating this policy. Logon access to the firewall will be restricted to a primary firewall administrator and designees as assigned. Password construction for the firewall will be consistent with the strong password creation practices outlined in the LINK Password Policy.The specific guidance and direction for information systems security is the responsibility of IT. Accordingly, IT will manage the configuration of LINK firewalls and will be responsible for:

  • Retention of the firewall rules

  • Patch Management

  • Review the firewall logs for:

  • System errors

  • Blocked web sites

  • Attacks

  • Sending alerts to the LINK network administrators in the event of attacks or system errors

  • Backing up the firewalls

2.4 " INTERNET
Definitions
Internet: A global system interconnecting computers and computer networks. The computers and networks are owned separately by a host of organizations, government agencies, companies, and colleges.Intranet: A private network for communications and sharing of information that, like the Internet, is based on Transmission Control Protocol/Internet Protocol (TCP/IP), but is accessible only to authorized employees within an organization. An organization"s intranet is usually protected from external access by a firewall.User: An individual or automated application or process that is authorized access to the resource by the system owner, in accordance with the system owner"s procedures and rules.World Wide Web (www): A system of Internet hosts that supports documents formatted in Hypertext Markup Language (HTML) that contains links to other documents (hyperlinks) and to audio, video, and graphic images. Individuals can access the Web with special applications called browsers, such as Microsoft Internet Explorer.

OverviewInternet access and usage at LINK must be managed as valuable and mission critical resources. This policy is established to:

  • Create prudent and acceptable practices regarding the use of the Internet.

  • Educate individuals who may use information resources with respect to their responsibilities associated with such use.

Purpose
The purpose of this policy is to establish the rules for the use of LINK Internet for access to the Internet or the Intranet.

Audience
This policy applies equally to all individuals granted access privileges to any LINK information system or resource with the capacity to access the Internet, the Intranet, or both.

Policy DetailAccessing the Internet
Users are provided access to the Internet to assist them in the performance of their jobs. At any time, at the request of management, Internet access may be revoked. IT may restrict access to certain Internet sites that reduce network performance or are known or found to be compromised with and by malware. LINK will use internet filters to block high-risk content and deny access to any unwanted material or malware in support of the Acceptable Use Policy.All software used to access the Internet must be part of the LINK standard software suite or approved by IT. Such software must incorporate all vendor provided security patches.Users accessing the Internet through a computer connected to LINK"s network must do so through an approved Internet firewall or other security device. All software used to access the Internet shall be configured to use a proxy or other means of managing or controlling. Bypassing LINK"s network security, by accessing the Internet directly, is strictly prohibited.Users are prohibited from using LINK Internet access for: unauthorized access to local and remote computer systems, software piracy, illegal activities, the transmission of threatening, obscene, or harassing materials, or personal solicitations.

Expectation of privacy
Users should have no expectation of privacy in anything they create, store, send, or receive using LINK"s Internet access.Users expressly waive any right of privacy in anything they create, store, send, or receive using LINK"s Internet access.

File downloads and virus protection
Users are prohibited from downloading and installing software on their PC without proper authorization from IT. Technical controls may be utilized to limit the download and installation of software.Downloaded software may be used only in ways that conform to its license and copyrights.All files, downloaded from the Internet, must be scanned for viruses using LINK approved virus detection software. If a user suspects a file may be infected, he/she must notify IT immediately.Users are prohibited from using the Internet to deliberately propagate any virus, worm, Trojan Horse, trap-door, or other malicious program.Monitoring of computer and Internet usageAll user activity on LINK IT assets is subject to logging and review. LINK has the right to monitor and log all aspects of its systems including, but not limited to, monitoring Internet sites visited by users, monitoring chat and newsgroups, monitoring file downloads, and all communications sent and received by users.

Frivolous useComputer resources are not unlimited. Network bandwidth and storage capacity have finite limits, and all users connected to the network have a responsibility to conserve these resources. As such, the user must not deliberately perform acts that waste computer resources or unfairly monopolize resources to the exclusion of others. These acts include, but are not limited to, spending excessive amounts of time on the Internet, playing games, engaging in online chat groups, uploading or downloading large files, accessing streaming audio and/or video files, or otherwise creating unnecessary loads on network traffic associated with non-business-related uses of the Internet.Personal use, beyond incidental use of the Internet, may be done only on break room PCs and only in compliance with this policy.ContentLINK utilizes software that makes it possible to identify and block access to Internet sites containing sexually explicit material or other material deemed inappropriate in the workplace. The display, storing, archiving, or editing of such content on any LINK PC is prohibited.Users are prohibited from attempting to access or accessing inappropriate sites from any LINK PC. If a user accidentally connects to a site containing such material, the user must disconnect at once and report the incident immediately to IT. LINK Departments may not host their own websites or contract for the hosting of websites by a vendor without the permission of IT.Content on all LINK hosted web sites must comply with the LINK Acceptable Use of Information Systems and Privacy Policies. No internal data will be made available to hosted Internet websites without approval of IT.No personal or non-LINK commercial advertising may be made available via hosted LINK web sites.TransmissionsAll sensitive LINK material transmitted over the Internet or external network must be encrypted.Electronic files are subject to the same records retention rules that apply to other documents and must be retained in accordance with departmental records retention schedules.Incidental useIncidental personal use of Internet access is restricted to LINK approved Users; it does not extend to family members or other acquaintances.Incidental use must not result in direct costs to LINK.Incidental use must not interfere with the normal performance of an employee"s work duties.No files or documents may be sent or received that may cause legal liability for, or embarrassment to, LINK.Storage of personal files and documents within LINK"s IT should be nominal.All files and documents, including personal files and documents, are owned by LINK, may be subject to open records requests, and may be accessed in accordance with this policy.ReimbursementAn employee, whose position requires him/her to have remote access, will be reimbursed for his/her Internet expenses up to a reasonable amount. An Expense Report will need to be completed and submitted to his/her manager for approval.

2.5 PASSWORDS
Definitions
Application Administration Account: Any account that is for the administration of an application (i.e., SQL database administrator, etc.).Password: A string of characters which serves as authentication of a person"s identity, which may be used to grant or deny access to private or shared data.Strong Password: A strong password is a password that is not easily guessed. It is normally constructed of a sequence of characters, numbers, and special characters, depending on the capabilities of the operating system. Typically, the longer the password, the stronger it is. It should never be a name, dictionary word in any language, an acronym, a proper name, a number, or be linked to any personal information about the password owner such as a birth date, social security number, and so on.

Overview
Passwords are an important aspect of computer security. They are the front line of protection for user accounts. A poorly chosen password may result in the compromise of LINK"s entire corporate network. As such, all LINK employees or volunteers/directors (including contractors and vendors with access to LINK systems) are responsible for taking the appropriate steps, as outlined below, to select and secure their passwords.

Purpose
The purpose of this policy is to establish a standard for the creation of strong passwords, the protection of those passwords, and the frequency of change.

Audience
This policy applies to all personnel or volunteers/directors who have, or are responsible for, an account (or any form of access that supports or requires a password) on any system that resides at any LINK facility, has access to the LINK network, or stores any non-public LINK information.

Policy Detail
User Network Passwords

  • Passwords for LINK network access must be implemented according to the following guidelines:

  • Passwords must be changed every 90 days

  • Passwords must adhere to a minimum length of 10 characters

  • Passwords must contain a combination of alpha, numeric, and special characters, where the computing system permits (!@#$%^&*_+=?/~";",<>|\).

  • Passwords must not be easily tied back to the account owner such as:

  • Username, social security number, nickname, relative"s names, birth date, etc.

  • Passwords cannot be reused for 1 year

System-Level Passwords

  • All system-level passwords must adhere to the following guidelines:

  • Passwords must be changed at least every 6 months

  • All administrator accounts must have 12-character passwords which must contain three of the four items: upper case, lower case, numbers, and special characters.

  • Non-expiring passwords must be documented listing the requirements for those accounts. These accounts need to adhere to the same standards as administrator accounts.

  • Administrators must not circumvent the Password Policy for the sake of ease of use

Password Protection

  • The same password must not be used for multiple accounts.

  • Passwords must not be shared with anyone. All passwords are to be treated as sensitive, confidential LINK information.

  • Stored passwords must be encrypted.

  • Passwords must not be inserted in e-mail messages or other forms of electronic communication.

  • Passwords must not be revealed over the phone to anyone.

  • Passwords must not be revealed on questionnaires or security forms.

  • Users must not hint at the format of a password (for example, "my family name").

  • LINK passwords must not be shared with anyone, including co-workers, managers, or family members, while on vacation.

  • Passwords must not be written down and stored anywhere in any office. Passwords must not be stored in a file on a computer system or mobile device (phone, tablet) without encryption.

  • If the security of an account is in question, the password must be changed immediately. In the event passwords are found or discovered, the following steps must be taken:

  • Take control of the passwords and protect them.

  • Report the discovery to IT

  • Users cannot circumvent password entry with an auto logon, application remembering, embedded scripts, or hard coded passwords in client software. Exceptions may be made for specific applications (like automated backup processes) with the approval of IT. For an exception to be approved, there must be a procedure to change the passwords.

  • PCs must not be left unattended without enabling a password-protected screensaver or logging off the device.

  • If the security of an account is in question, the password must be changed immediately. In the event passwords are found or discovered, the following steps must be taken:

  • Security tokens (i.e. smartcards, RSA hardware tokens, etc.) must be returned upon demand or upon termination of the relationship with LINK.Application Development StandardsApplication developers must ensure their programs follow security precautions in this policy and industry standards.

2.6 " SERVER SECURITYDefinitions
File Transfer Protocol (FTP): Is a standard Internet protocol for transmitting files between computers on the Internet.

Overview
The servers at LINK provide a wide variety of services to internal and external users, and many servers also store or process sensitive information for LINK. These hardware devices are vulnerable to attacks from outside sources which require due diligence by the IT Department to secure the hardware against such attacks.

Purpose
The purpose of this policy is to define standards and restrictions for the base configuration of internal server equipment owned and/or operated by or on LINK"s internal network(s) or related technology resources via any means. This can include, but is not limited to, the following:

  • Internet servers (FTP servers, Web servers, Mail servers, Proxy servers, etc.)

  • Application servers

  • Database servers

  • File servers

  • Print servers

  • Third-party appliances that manage network resourcesThis policy also covers any server device outsourced, co-located, or hosted at external/third-party service providers, if that equipment resides in the LINK.org domain or appears to be owned by LINK.

The overriding goal of this policy is to reduce operating risk. Adherence to the LINK Server Security Policy will:

  • Eliminate configuration errors and reduce server outages.

  • Reduce undocumented server configuration changes that tend to open up security vulnerabilities.

  • Facilitate compliance and demonstrate that the controls are working.

  • Protect LINK data, networks, and databases from unauthorized use and/or malicious attackTherefore, all server equipment that is owned and/or operated by LINK must be provisioned and operated in a manner that adheres to company defined processes for doing so.

This policy applies to all LINK company-owned, company operated, or company controlled server equipment. Addition of new servers, within LINK facilities, will be managed at the sole discretion of IT. Non-sanctioned server installations, or use of unauthorized equipment that manage networked resources on LINK property, is strictly forbidden.

Policy DetailResponsibilities
LINK"s VP of IT has the overall responsibility for the confidentiality, integrity, and availability of LINK data.Other IT staff members, under the direction of the Director of IT, are responsible for following the procedures and policies within IT.Supported TechnologyAll servers will be centrally managed by LINK"s IT Department and will utilize approved server configuration standards. Approved server configuration standards will be established and maintained by LINK"s IT Department.

All established standards and guidelines for the LINK IT environment are documented in an IT storage location.

  • The following outlines LINK"s minimum system requirements for server equipment supporting LINK"s systems.

  • Operating System (OS) configuration must be in accordance with approved procedures.

  • Unused services and applications must be disabled, except were approved by the Director of IT or the VP of IT.

  • Access to services must be logged or protected though appropriate access control methods.

  • Security patches must be installed on the system as soon as possible through

  • LINK"s configuration management processes.

  • Trust relationships allow users and computers to be authenticated (to have their identity verified) by an authentication authority. Trust relationships should be evaluated for their inherent security risk before implementation.

  • Authorized users must always use the standard security principle of "Least Required Access" to perform a function.

  • System administration and other privileged access must be performed through a secure connection. Root is a user account that has administrative privileges which allows access to any file or folder on the system. Do not use the root account when a non-privileged account will do.

  • All LINK servers are to be in access-controlled environments.

  • All employees are specifically prohibited from operating servers in environments with uncontrolled access (i.e., offices).

This policy is complementary to any previously implemented policies dealing specifically with security and network access to LINK"s network.
It is the responsibility of any employee of LINK who is installing or operating server equipment to protect LINK"s technology-based resources (such as LINK data, computer systems, networks, databases, etc.) from unauthorized use and/or malicious attack that could result in the loss of member information, damage to critical applications, loss of revenue, and damage to LINK"s public image. Procedures will be followed to ensure resources are protected.

2.7 " SERVER VIRTUALIZATION
Definitions
Virtualization: The creation of a virtual (rather than actual) version of something, such as an operating system, a server, a storage device, or network resources.

Overview
This policy encompasses all new and existing workloads.

Purpose
The purpose of this policy is to establish server virtualization requirements that define the acquisition, use, and management of server virtualization technologies. This policy provides controls that ensure that Enterprise issues are considered, along with business objectives, when making server virtualization related decisions.Platform Architecture policies, standards, and guidelines will be used to acquire, design, implement, and manage all server virtualization technologies.

Policy Detail
LINK"s VP of IT has the overall responsibility for ensuring that policies are followed in order to establish contracts and the confidentiality, integrity, and availability of LINK data.Other IT staff members, under the direction of the Director of IT, are responsible for following the procedures and policies within IT.LINK"s legacy IT practice was to dedicate one physical server to a single workload. The result of this practice was excessive server underutilization, an ever- expanding data center footprint, and excessive data center power consumption.Server virtualization software allows the consolidation of new and existing workloads onto high capacity x86 servers. Consolidating workloads onto high capacity x86 servers allows LINK to reduce the x86 server inventory, which in turn decreases the data center footprint and data center power consumption.LINK will migrate all new and existing workloads from physical servers to virtual machines. Hardware will be retired at such time as planned by IT management or required by incompatibility with Operating Systems (OS) and/or workload specific software updates.
Server Virtualization Requirements:

  • Support industry-wide open-standards

  • Embedded security technology, such as, Trusted Platform Module (TPM) or other technologies

  • Single centralized management console

  • Support industry standard management tools

  • Support industry standard backup and recovery tools

  • Interoperate with other platform technologies

  • Support industry standard x86 hardware

  • Support industry standard storage

  • Support unmodified guest operating systems

  • Functionality to support virtual server management network isolation

  • Migrate running guests without interruption

  • Add disks to a running guest

  • Automatically detect a hardware failure and restart guests on another physical server

  • Functionality to configure role-based access for the administrative console

  • Support Lightweight Directory Access Protocol (LDAP) for authentication and authorization for administrative console

  • Encrypt all intra host and administrative console traffic

  • Integrated graphical Central Processing Unit (CPU), memory, disk, and network performance monitoring, alerting, and historical reporting for hosts and guests

  • Other industry standard or best in class features as required

2.8 Websites
The internet contains over 1.7 billion websites, and every one of them is hosted by at least one web server. A web server can host hundreds of sites on one physical machine, but depending on the way it"s hosted, just one hacked website can be the downfall for all sites on the server. Security for web hosters is more important than ever as more customers depend on your cybersecurity best practices and monitoring to find ongoing attacks. Web servers usually host several business sites, which store customer data, so they are common targets for attackers.
LINK"s makes sure that security policies for websites are strictly followed by taking into consideration the below guidelines:

A- Install and Configure a Web Application Firewall
A Web Application Firewall (WAF) blocks many common attacks sent through web forms. It runs on layer 7 of the OSI model, so it works differently than a typical hardware firewall. It"s similar to a reverse proxy where all traffic must pass through the WAF before it reaches the webserver. The WAF analyzes HTTP traffic and blocks any suspicious trafficUsing a WAF, LINK can block cross-site forgeries (CSF), cross-site scripting (XSS), SQL injections, and more. For example, if an attacker sends a malformed SQL string using a website"s contact form, the WAF detects it and blocks it. A good WAF will display statistics and information about blocked attacks so that the web host can identify vulnerabilities on customer sites.

B- Use SFTP Instead of FTP
File Transfer Protocol (FTP) transfers data in cleartext, leaving customers at risk of man-in-the-middle (MitM) attacks and data eavesdropping. Instead of hosting an FTP server for customers to upload and share files, use Secure FTP (SFTP) to transfer any files over an encrypted channel.

C- Back-Up Data on Servers
Site owners make mistakes sometimes, and they then need their sites restored to a specific date. Web hosting customers rely on web hosts to have good backups and a reasonable retention policy (e.g., 30 days). Backups are a component in disaster recovery and can be used to recover data at request from customers or restore a server, should it become a target in a sophisticated attack. For example, a successful injection of ransomware on a shared hosting server could destroy data across all customer sites. Backups could be used to recover instead of experiencing a critical security incident that can"t be remediated quickly.

D- Use Whitelisting for Maintenance IPs
Web hosters know that several customer IPs will be used to access authorized areas of their account (e.g., cPanel.Learn more about cpanel security). Instead of allowing open access from any IP address, customers should be advised to whitelist IP addresses so that only approved IPs can access administration areas of their account. The same should be done for the server itself. Administrators should use whitelisting of maintenance IPs for remote access using SSH.

E- SSL/TLS Connections
Every connection to the web host should be encrypted to protect users from man-in-the-middle attacks. Users who connect to sites from public Wi-Fi open themselves to data being intercepted and stolen. By forcing an encrypted connection to the server, using a cryptographically secure cipher, user data is safe from eavesdropping and account compromise.

F- Antivirus and Antimalware Protections
When you host hundreds of sites on one server, you allow site owners to upload any file to their hosting account. These files could contain malware either purposely or unknowingly. Malware stored on the hosting server could affect other sites on the server if an administrator accidentally executes the file, or if an attacker would obtain elevated privileges on the host and will execute the file. Using antivirus for Linux server and antimalware applications, the host can detect malicious files immediately and either clean the file or block it from being uploaded.

G- Remove Unused Applications Not Used for Hosting
When the hosting application is installed on the Linux server (e.g., Apache), it"s usually configured with default settings, plugins, and possibly other third-party applications. Any additional application on the server opens risks of vulnerabilities either from errors in code or from allowing the application to run unpatched. Instead of leaving them installed on the server, it"s better to remove any application not necessary for hosting customer sites.

H- Force Password Changes
Users, especially those with high-level privileges, should change their passwords frequently. If users keep the same password indefinitely, an attacker with access to those credentials could have access to the account for years, potentially. By forcing password changes on accounts, the attack window is reduced. For example, forcing users to change their passwords every 30 days gives an attacker only 30 days maximum to compromise and use the account.

Last Revised: 7/6/2021
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1.  IN THIS REGISTRATION AGREEMENT This Domain Name Registration Agreement (this "Agreement") is entered into by and between LINK ("LINK") and you. This Agreement sets forth the terms and conditions of your use of LINK"s Domain Name Registration services (the "Domain Name Registration Services" or the "Services"). The terms "we", "us" or "our" shall refer to LINK. The terms "you", "your", "User" or "customer" refers to Registrant. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable top-level domain ("TLD"). This Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) LINK"s Universal Terms of Service Agreement ("UTOS"), (ii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain ("TLD") in which you register any domain ("Registry Policies"), and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the LINK website (this "Site").
TO LINK TO AND REVIEW THE REGISTRY POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER A DOMAIN NAME, PLEASE CLICK HERE. You acknowledge and agree that (i) LINK, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, LINK may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account ("Shopper Account") information, including your email address, current. LINK assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. LINK is an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar. You acknowledge and agree that LINK may modify this Agreement in order to comply with any terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or country code top level domain ("ccTLD") in question. The term "Registry Service Provider" shall refer to the service provider responsible for operating and managing the registry services on behalf of the Registry Operator for its applicable TLD or ccTLD. To identify the sponsoring registrar, click here.

2.  PROVISIONS SPECIFIC TO ALL REGISTRATIONS Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs that we offer. Special provisions specific to any TLD or ccTLD (those in addition to posted Registry Policies) are identified elsewhere below in this Agreement.

1. Registry Policies. You agree to be bound by all Registry Policies (defined above in this Agreement) applicable to your domain name registration (at any level). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD. REGISTRY POLICIES FOR EACH TLD CAN BE FOUND BY VISITING THE CORRESPONDING TLD LINKNotwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agreethat the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to LINK being a registrar for the respective TLD. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.

2. Registration Requirements. To the extent any TLD or ccTLD requires you meet eligibility (e.g., residency for .JP, .EU, etc.), validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in the Registry Policies for the applicable TLD for the duration of the domain name registration; (c) you have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and (e) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.

3. Ownership. You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name

4. ICANN Requirements. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. For additional ICANN-related helpful information, please see ICANN Education Materials and ICANN Benefits and Responsibilities.

5. Indemnification of Registry. You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney"s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar"s or Registry Operator"s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Regulated TLDs. For domain name registration in any "Regulated" TLD, you acknowledge and agree your registration is subject to the following additional requirements: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. Regulated TLDs include: .

games, .juegos, .school, .schule, .toys, .eco, .care, .diet,.fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund,
.investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show; .theater; .town, .city, .reise, and .reisen

7. Highly Regulated In addition to the requirements for Regulated TLDs, domain name registration in any Highly-Regulated TLD is subject to the following requirements: (a) you will provide administrative contact information, which must be kept up‐todate, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business; (b) you represent that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highlyregulated TLD; and (c) you will report any material changes to the validity of your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers they serve. Highly Regulated TLDs include: _.abogado, .attorney, .bank, .bet, .bingo, .casino .charity (and IDN equivalent), .cpa, .corp, creditcard, .creditunion .dds, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance, .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl, .spreadbetting, .srl, .sucks, .surgery .university, .vermogensberater, .vesicherung, and .wtf. For .doctor, registrants who hold themselves out to be licensed medical practitioners must be able to demonstrate to the Registrar and Registry, upon request, that they hold the applicable license.

8. Special Safeguard TLDs. In addition to the requirements for Regulated and Highly-Regulated TLDs, byregistering a domain name in any "Special-Safeguard" TLD, you agree to take reasonable steps to avoid misrepresenting or falsely implying that you or your business is affiliated with, sponsored or endorsed by one or more country"s or government"s military forces if such affiliation, sponsorship or endorsement does not exist. Special Safeguard TLDs include: .army, .navy, .airforce

9. Third Party Beneficiary. Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which you register a domain name is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to LINK being a registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.

10.  Variable and Non-Uniform Pricing. You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced (i.e. standard vs. premium names) and/or may have non-uniform renewal registration pricing (such that the Fee for a domain name registration renewal may differ from other domain names in the same TLD, e.g. renewal registration for one domain may be $100.00 and $33.00 for a different domain name).

3.  FEES AND PAYMENTS
GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. LINK expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Unless otherwise specifically noted (for reasons such as those highlighted in Section 2(x) above), the renewal price for any domain name in any TLD will be the same as the list (non-sale) price shown when you search for and select a domain, and again in the cart prior to purchase. For example, if the list price is $9.99, and a different renewal price is not specifically identified, then the renewal price is also $9.99. Likewise, if a domain name has a sale price of $8.99, with the list (non-sale) price shown (as a strike-through) at $9.99, the renewal price will be $9.99*. * Renewal price subject to change prior to actual date of renewal. For all other terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Services offered under the scope of this Agreement, please refer to the "Fees and Payments" section of our Universal Terms of Service. (B)  DOMAIN NAME RENEWAL TERMS_ When you register a domain name, you will have the following renewal options:

1. Automatic Renewal. Automatic Renewal is the default setting. Domain names will automatically renew, for a period equivalent to the length of your original domain name registration, and payment will be taken from the Payment Method you have on file with LINK, at LINK"s then current Thus, if you have chosen to register your domain name for one (1) year, LINK will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, LINK will automatically renew it for two (2) years, and so on. If you wish to change your automatic renewal term to a different period from your original term, as of 16 July 2020, you may manually renew the domain registration to establish a new default automatic renewal term for the domain.

2. Manual Renewal. If you have elected to turn off automatic renewal and cancel the product (i.e., cancel the domain name registration) effective at expiration of the then current term, you may nonetheless elect to manually renew the domain name at anytime prior to its expiration date by logging into your Account Manager and manually implementing the renewal or by calling customer service (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that.
All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. In the event that we are unable to automatically renew your domain name for the renewal option selected for any reason, we may automatically renew your domain name for a period less than your original registration period to the extent necessary for the transaction to succeed. If for any reason LINK is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card. For certain ccTLDs (.am, .at, .be, .br, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal billing will occur on the first day of the month prior to the month of expiration. For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal will occur, or must occur manually if the product was previously cancelled, no later than the 20th of the month prior to the expiration date, or your domain name will be placed in non-renewal status. For some ccTLDs (.es) renewal must be processed no later than seven days before the expiration date, or your domain name will be placed in non-renewal status. When the domain name is in non-renewal status, you can renew the domain name only by calling LINK and requesting that the domain name be renewed. You cannot renew the domain name through your Account Manager. If you fail to manually implement the renewal of any cancelled product before the expiration date, the domain name will be cancelled and you will no longer have use of that name. You agree that LINK will not be responsible for cancelled domain names that you fail to renew in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance. If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that LINK may, in its sole discretion, renew your expired domain name on your behalf. If LINK decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you must reimburse LINK for the renewal and keep your domain name. The Renewal Grace Period is currently twelve (12) days but subject to change under the terms of this Agreement. For certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period after the expiration date of the domain name. If you do not reimburse LINK for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you may have up to a 30-day redemption period to redeem your domain name, provided that your domain name is not subject to an expired domain name auction bid and you pay LINK a Redemption fee. The Redemption fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period LINK may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf. During the redemption period your domain name may be parked. If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay LINK a redemption fee and redeem your domain name. The redemption fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry"s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis. Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control. Our registration expiration notification policy and associated fees are described on LINK website. (C)  FREE PRODUCT TERMS In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled. For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration. In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in our sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.

4. TERM OF AGREEMENT TRANSFERS: DOMAIN TASTING The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through LINK. You agree that you will not transfer any domain name registered through LINK to another domain name registrar during the first sixty (60) days after its initial registration date. You agree that you may not transfer any domain name for ten (10) days after a Change of Account. You further agree that you will not engage in "domain tasting" by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If LINK determines (which determination shall be made by LINK in its sole and absolute discretion) that you have been engaging in "domain tasting", then LINK reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. LINK will not charge you a fee if LINK cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium Domains, which are non-refundable. You agree that LINK shall not be bound by (i) any representations made by third parties who you may use to purchase services from LINK, or (ii) any statements of a general nature, which may be posted on LINK"s website or contained in LINK"s promotional materials.

5.  UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION You agree to notify LINK within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide LINK with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by LINK to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name. You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact. You acknowledge and agree that domain name registration requires that your contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing for the purpose of administration of the domain name registration, which may require such information be transferred back and forth across international borders, to and from the U.S. to the EU, for example. As required by ICANN or for certain ccTLDs (.am, .com.au, .net.au, .org.au, .ca, .cz, .fr, .it, .jp, .co.jp, .kr, .co.kr, .ne.kr, .re.kr, .no, .co.nz, .net.nz, .org.nz, .vg, .se, .so, .sg, .com.sg, .tw, .com.tw, .net.tw, .org.tw, .uk, .co.uk, .me.uk, .org.uk, .us), this information may be made publicly available by the registry operator via Whois or its successor protocol (collectively referred to as the "Whois" Directory) that is beyond, and not subject to, LINK"s control. Both LINK and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party"s consent to such disclosure. Registrar will not process data in a way that is incompatible with this Agreement. Registrar will take reasonable precautions to protect data from loss or misuse. You agree that for each domain name registered by you the following information could be made publicly available in the Whois Directory as determined by ICANN or registry policies and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name.

  • Your name and postal address;

  • The name, email address, postal address, voice and fax numbers for technical and administrative contacts.

  • The Internet protocol numbers for the primary and secondary name servers.

  • The corresponding names of the name servers; and the original date of registration and expiration date

  • Name of primary name server and secondary name server.

  • Identity of the extent permitted by ICANN, LINK may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you"ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. You agree that LINK has the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase. In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name.

  • The domain or sub-domain name(s) registered by you.

  • Your organization name, type and postal address.

  • The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s).

  • The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list.

  • The corresponding names of those name servers.

  • The original creation date of the registration; and

  • The expiration date may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.

6.  DISPUTE RESOLUTION POLICY: You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that LINK may from time to time modify its Dispute Resolution Policy. LINK will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with LINK after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review LINK"s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with LINK as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN"s Uniform Rapid Suspension System, if applicable. You agree that if a dispute arises as a result of one (1) or more domain names you have registered using LINK, you will indemnify, defend and hold LINK harmless as provided for in this Agreement. You also agree that if LINK is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using LINK, that LINK, in its sole discretion, may take whatever action LINK deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold LINK harmless for any action taken by LINK. You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the registry operator is located (e.g., China for .CN, Columbia for .CO, UK for .EU, etc.). In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

7.  TRANSFER OF DOMAIN NAMES If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement and Change of Registrant Agreement. You may view the latest versions of our Domain Name Transfer Agreement and Change of Registrant Agreement online. In order to further protect your domain name, any domain name registered with LINK or transferred to LINK shall be placed on lock status, unless an opted-out has occurred as defined in our Change of Registrant Agreement or Domain Name Proxy Agreement. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from LINK to a new Registrar. You may log into your account with LINK at any time after your domain name has been successfully transferred to LINK, and change the status to unlock.8.  YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration. You agree that, in addition to other events set forth in this Agreement.
1. Your ability to use any of the services provided by LINK is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN.
2. Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any LINK procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by LINK or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain

You acknowledge and agree that LINK and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either LINK or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) for the non- payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities, or (x) during the resolution of a dispute. You agree that your failure to comply completely with the terms and conditions of this Agreement and any LINK rule or policy may be considered by LINK to be a material breach of this Agreement and LINK may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide LINK with material evidence that you have not breached your obligations to LINK within ten (10) business days, LINK may terminate its relationship with you and take any remedial action available to LINK under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by LINK to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach. LINK"s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.9.  RESTRICTION OF SERVICES; RIGHT OF REFUSAL If you are hosting your domain name system ("DNS") on LINK"s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with LINK, you are responsible for ensuring there is no excessive overloading on LINK"s servers. You may not use LINK"s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that LINK reserves the right to deactivate your domain name from its DNS if LINK deems it is the recipient of activities caused by your site that threaten the stability of its network. You agree that LINK, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. LINK also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. In the event LINK refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to LINK in connection with the registration either being cancelled or refused. In the event LINK deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

10.  DEFAULT SETTINGS: PARKED PAGE Choosing Your Domain Name Settings. When you register a domain name with LINK, you will be prompted to choose your domain name settings during the checkout process. If you plan on using another provider for your website or hosting needs, then you should enter the name servers of such provider when you choose your domain name settings. This will direct your domain name away from LINK"s name servers. If you are an existing LINK customer and have already set up a customer profile designating your domain name settings for new domain name registrations, you will not need to complete this step again during the checkout process. LINK"s Default Settings. If you do not direct your domain name away from LINK"s name servers as described above, LINK will direct your domain name to a "Parked Page" ("Default Setting"). You acknowledge and agree that LINK has the right to set the Default Setting. Parked Page Default Setting. LINK"s Parked Page service is an online domain monetization system designed to generate revenue (through the use of pay per click advertising) from domain names that are not actively being used as websites. If your domain name is directed to a Parked Page, you acknowledge and agree that LINK may display both (a) in-house advertising (which includes links to LINK products and services) and (b) third-party advertising (which includes links to third-party products and services) on your Parked Page through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. In addition, you acknowledge and agree that all in-house and third-party advertising will be selected by LINK and its advertising partners, as appropriate, and you will not be permitted to customize the advertising, or entitled to any compensation in exchange therefor. Please note that the third-party advertising displayed on LINK"s Parked Pages may contain content offensive to you, including but not limited to links to adult content. LINK makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on LINK"s Parked Pages, and expressly disclaims any liability or responsibility to you or any third party in connection therewith. Changing LINK"s Default Settings. You may change LINK"s Default Settings at any time during the term of your domain name registration.1. Content Displaying On Your Parked Page. You can not modify the content displaying on your Parked Page. You may select one of the other options listed2. Participating In Domain Name Monetization. If you wish to participate in the domain monetization potential presented by LINK"s Parked Page service, please review and consider purchasing our CashParking"3. No Content. If the options listed above are not acceptable to you, please contact customer support to learn what other options might be available toReturn To Parked Page Default Setting Upon Domain Name Expiration. Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Parked Page Default Setting described above. As used in this paragraph, "expiration" is deemed to include any "renewal period" or "redemption period" immediately after the domain name expires, but before the domain name is returned to the registry. Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.

11.  DOMAIN ADD-ONS Business Registration: Business registration allows You to display additional information about the business that is the basis of Your domain name, including, but not limited to, such information as Your fax number, street address, and hours of operation.

Expiration Consolidation. You understand and acknowledge the expiration consolidation service may only be used to consolidate the expiration of .com and .net domain names. The service may not be used to consolidate domains that are on Registrar HOLD, Registry HOLD, or pending Transfer status. You acknowledge the service may only be used to push the expiration date of Your domains forward in time, at least one (1) month forward and no more than ten (10) years forward, and then, only for a period lasting less than twelve (12) months. Once the service has been used to consolidate domains, the new expiration date may not be reversed. To ensure the service is not abused or used as an alternative to renewals, you may only use the service on each domain once in any 12- month period. The service may only be used on domain names that have not passed their expiration date. In order to change the expiration date again, You will be required to renew the domain name first. You further understand and acknowledge the service may only be used to coordinate domains where we are the registrar of record. Domains not registered with us must be transferred before we can perform the Service.

Discount Domain Club. In exchange for purchasing a Discount Domain Club membership, You will be able to purchase discounted products and services from us, including discounts on selected domain registrations, one (1) free Auctions account, one (1) free CashParking account, and discounts on Domain Buy Service. You are required to keep Your membership current as long as You have free or discounted products or services that are purchased with us. If You fail to renew Your membership, without canceling Your discounted domain registration or other services, we will automatically renew Your products and services at the regular pricing in effect at the time of renewal, charging the Payment Method on file for You, and You will be unable to purchase any more discounted products or services, or use Your free accounts until the Membership Agreement fee has been paid. All membership fees are non-refundable.

Backordering/Monitoring. You agree a domain name that has expired shall be subject first to a grace period of twelve (12) days, followed by the ICANN-mandated redemption grace period of thirty (30) days. During this period of time, the current domain name registrant may renew the domain name and retain registration rights. We do not guarantee your backorder will result in you obtaining the domain name and expressly reserves the right to (a) refuse additional backorders or (b) cancel existing backorders at any time for any reason. If your backorder is refused or cancelled, we agree to promptly refund any fees paid for such domain name backorder. The domain name may also be placed in a secondary market for resale through the Auctions" service. After your first year of Auctions membership, you agree that unless otherwise advised, we will automatically renew your Auctions membership using the payment method you have on file for so long as your backorder credit is active. You may learn more about Auctions by visiting the Auctions website. The domain name may also be subject to a drop pool process before it is available for purchasing. You understand we and our registrar affiliates use our services, including backordering. Therefore, the domain name may be registered with a different registrar, but can be managed through your account. By using the Services, you will be able to, among other things:1. Backorder any domain name under the top level domains .COM, .NET, .US, .BIZ, .INFO, .ORG, .MOBI. A backorder for a domain name will include the price of up to a one-year domain name registration. Should you successfully backorder any domain name, you will be subject to the terms and conditions of the Domain Name Registration and related agreements, which are incorporated herein by2. Change your backorder until you obtain a domain name. You will have the opportunity to change the credit to a different domain name until you successfully capture After three (3) years, if the credit is not used, we reserves the right to remove the credit.3. Subscribe monthly to an expiring domain name list. You may also choose to purchase a subscription to a list of domain names expiring within the next five (5) days. If you subscribe to the expiring domain name list, you agree the payment method you have on file may be charged on a monthly subscription basis for the term of the Services you4. Select domain names off the expiring domain name list you would like to register. Each domain name you attempt to backorder will include the price of up to a one-year domain name registration, as set forth in subsection (i)5. Monitor your currently registered domain names for changes in registrar, status, expiration date or name servers at no additional6. Subscribe to Domain Alert Pro or monitoring, which enables you to monitor any currently registered domain name, regardless of registrar, for historical tracking of status changes and designation of multiple email notification

Domain Ownership Protection. Domain Ownership Protection generally allows You to: (i) prevent accidental loss of a domain name due to an expired credit card or invalid payment method for a period of ninety (90) days before the domain goes through its normal expiration process; and (ii) lock your domain name to your account. THE SERVICE WILL NOT, HOWEVER, PREVENT TRANSFERS RESULTING FROM YOUR ACTION OF LISTING YOUR DOMAIN FOR SALE ON ANY OF LINK"S PLATFORMS, INCLUDING PREMIUM LISTINGS, REGARDLESS OF WHEN YOU PURCHASED THE SERVICE. Once you have elected to purchase the Service for any and all domain names, the automatic renewal function will be activated for each domain name and those names will not be transferable until You elect to remove the service or sell the domain as mentioned above. Accordingly, You acknowledge and agree You have carefully considered the implications accompanying the purchase of the Service and understand the restrictions the Service will place upon Your ability to transfer any domains for which You have purchased the Service. Furthermore, you acknowledge and agree that the Service includes additional steps to verify your ownership prior to deactivation. While You can elect to deactivate the Service at any time, you also acknowledge and agree that the Service is subject to our Refund Policy, and that you may not be entitled to a refund.

Premium Domain Listing and Buying Services.
7.
Description of Service. The Premium Domain Listing and Buying Service ("Service") is provided to facilitate the buying and selling of currently registered domain names only, and not the purchase or sale of associated website content.. LINK provides a venue and a transaction facilitation process and will take a stated commission for each completed transaction. LINK is not an escrow agent. As a result, LINK does not guarantee the quality, safety or legality of many of the domain names. Domain names listed may be withdrawn at any time by the seller or by us. You acknowledge and agree that your transaction will be handled by LINK"s "Transaction Assurance" process. By using LINK"s "Transaction Assurance" process, you authorize LINK to perform tasks on your behalf in order to complete the transaction. In these transactions, LINK acts as a transaction facilitator to help you buy and sell domain names. LINK will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge LINK is not a bank and the service is a payment processing service rather than a banking service. You further acknowledge LINK is not acting as a trustee, fiduciary or escrow with respect to your funds. In all transactions, where the domain name is registered to us, domain names purchased through the Service may not be transferred away from us to another registrar for a period of sixty (60) days following the change of registrant

12.  Your Obligations.
Listing Domain Names. You may use the Services to list domain names to which You: (i) have registration rights for sale; and (ii) are able to transfer in accordance with Your obligations under this Agreement. By using the Services for such purposes, You represent and warrant that: (i) You have all rights, titles and interests in the domain name necessary to complete the transaction; (ii) the domain name does not infringe on the intellectual property rights of anyone else; (iii) You have the right to transfer the domain name in accordance with Your obligations under this Agreement; and (iv) any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having its registration rights transferred away from You. You further agree the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy Dispute or other such litigation. In the event You are unable to comply or fail to comply with Your obligations under this Agreement, we expressly reserve the right to delist any or all of Your domain names immediately upon becoming aware of Your failure to comply. You may list Your domain name for any duration offered on the web site. You agree to pay the listing fee associated with the duration period You choose at the time of the listing. You may choose to supplement the listing with various additional services provided, if any. By using the additional services, You agree to pay any additional charges we may associate with the additional services. We reserve the right to modify its pricing structure at any time. If You find a Buyer using the Services, the transaction must be completed within the Services. For each transaction completed within the Services, You agree to pay us a transaction fee according to the fee schedule published on the site. Such transaction fee will be payable directly to us. You agree not to sell the domain name to any Buyer found through the Services without using the Services to complete the transaction. Should we find You are circumventing the Services, we reserve the right to terminate Your account and cancel all of Your listings. In the event that you update your sale price, you acknowledge and agree that it may take up to 24 hours to update the price shown to buyers. In the event your domain name sells prior to the price being updated on the website, you agree that the price listed will be enforced.

Purchasing Domain Names. As a Buyer, You are obligated to complete the transaction if You purchase the domain name. You acknowledge that some listed domain names may be subject to an additional registration fee. For those domain names, the registration fee will be added to the price to form the purchase price. You agree that by completing the transaction, You are responsible for payment of the registration fee. We will obtain the funds first by the Payment Method You have designated. If there are insufficient funds or invalid credit card information, we may obtain the remaining funds by charging any Payment Method You have on file. LINK will remit payment of the full agreed upon purchase price minus any commissions to the Seller after a prescribed period of time after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by LINK in its sole and absolute discretion. At no time will You be able to withdraw those funds or send the funds to another recipient unless the initial transaction is canceled. Transfer of Registration Rights. We are not the registrant of all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names in which we are the registrant, transfer of registration will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual property rights of a third party. Any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having the registration rights transferred away from You. LINK is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by either the Buyer or the Seller of its respective obligations. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until the transaction is complete.

Transfer of Registration Rights. We are not the registrant of all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names in which we are the registrant, transfer of registration will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual property rights of a third party. Any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having the registration rights transferred away from You. LINK is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by either the Buyer or the Seller of its respective obligations. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until the transaction is complete.

Selling Domain Names. As a Seller, You are obligated to complete the transaction if the Buyer commits to purchase the domain at an agreed upon purchase price. You authorize LINK to perform tasks on your behalf as part of its "Transaction Assurance" process including making deposits. You must, at the time of listing of Your domain name, establish a payee account. After a fraud holding period, if no fraud has been detected, payments for completed domain name sales will be credited to your payee account and paid according to the payment method selected in your payee account. You hereby authorize LINK to initiate and post (i) credit (positive) entries for payments to the deposit account and (ii) debit (negative) entries to the deposit account to reverse erroneous payments and/or make adjustments to incorrect payments. You acknowledge and agree that the amount initiated and posted to the deposit account will represent payment for domain names sold using the Services, less any applicable fees and/or chargebacks. You acknowledge and agree that there may be a delay of several days between the time that LINK initiates the payment of proceeds and the time that the proceeds are actually posted to the deposit account, and LINK expressly disclaims any liability or responsibility regarding the same. The authority granted to LINK by the deposit account owner herein will remain in full force and effect until LINK has received written notification from the deposit account owner that such authority has been revoked, but in any event, such writing shall be provided in such a manner as to afford LINK a reasonable opportunity to act on such revocation, or until LINK has sent notice to terminate this Agreement. LINK will not release the domain name to Buyer until receipt of confirmation that the funds have been verified.

Transfer Validation The transfer validation service is provided to help You keep Your domain name secure. By choosing to use the service, You are making an explicit and voluntary request to us to deny all attempts to transfer Your domain name to another registrar, or to move Your domain name to another account, unless You verify each request as described herein. You will provide us with a contact name, phone number and PIN for domain transfer validations. You will be contacted by us when a domain transfer is requested for a domain name in Your account. When we receive a transfer request, we will call You to verify the transfer request. If we cannot reach You with seventy-two (72) hours of receipt of the transfer request, the transfer will be denied. If You do not provide the proper PIN, the transfer will be denied. When we receive a change of account request, we will call You to verify the change request. If we cannot reach You with seventy-two (72) hours of receipt of the change request, the change will be denied. If You do not provide the proper PIN, the change will be denied. Availability of Services are subject to the terms and conditions of this Agreement and each of our policies and procedures. We shall use commercially reasonable efforts to attempt to provide certain portions of the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement and other portions of the service, during normal business hours. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that we may undertake from time to time; or (iii) causes beyond the reasonable control of us or that are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we has no control over the availability of the service on a continuous or uninterrupted basis.

Total/Premium DNS. Total DNS is a complete Domain Name System ("DNS") tool that allows you to manage your DNS and keep your website and web-based applications available and performing reliably. The service is provided "as is", "as available", and "with all faults", and we assume no liability or responsibility regarding the same. In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any.
1. Service interruptions caused by periodic maintenance, repairs or replacements of the Global Nameserver Infrastructure (defined below) that we may undertake from time to time.
2. Service interruptions caused by you from custom scripting, coding, programming or configurations.
3. Service interruptions caused by you from the installation of third-party applications.
4. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol ("FTP") and email. or
5. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or otherSubject to the provisions of Force Majeure below, we offer a service uptime guarantee ("Service Uptime Guarantee") for paid services of 99.999% availability (defined below). You shall receive service credits for any Outage (defined below) of the service covered by the Service Uptime Guarantee. The service credits shall be applied as extensions to the terms of the affected Service. The Service Uptime Guarantee shall become effective fourteen (14) days after your purchase of the Service covered by the Service Uptime Guarantee to allow both parties time to properly configure and test the Service. Definitions. For the purposes of the Service Uptime Guarantee, the following definitions shall apply:
6. "Global Nameserver Infrastructure": The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Nameserver Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation
7. "99.999% availability": A guarantee that the Global Nameserver Infrastructure shall be available to respond to DNS queries 99.999% of the
8. "Outage": A period in which the Global Nameserver Infrastructure did not maintain 99.999% availability.Exclusions. For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:
9. Service interruptions caused by "Regularly Scheduled Maintenance", which shall be defined as any maintenance performed on the Global Nameserver Infrastructure of which customer is notified twenty-four (24) hours in advance. Email notice of Regularly Scheduled Maintenance shall be provided to customer"s designated email address.
10.  Service interruptions caused by you from custom scripting, coding, programming or configurations;
11.  Service interruptions caused by you from the installation of third-party applications;
12.  Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol ("FTP") and email; or13. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or otherWe, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage. Remedies. For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within five (5) calendar days of the Outage. If we determine that an Outage did occur, then the customer shall receive a service credit in the amount of two (2) months for any affected Services. The service credit shall be applied as an extension to the term of the affected Services. A customer"s Account shall not be credited more than once per month under the Service Uptime Guarantee. To qualify for a service credit, you must have a current and valid subscription to the Services affected, and must have an Account in good standing with us. Service credits will not apply to any charges or Services other than the Services for which the Service Uptime Guarantee was not met. Customers with subscriptions for more than one Service will not receive credits for unaffected Services. The remedies set forth herein shall be the sole and exclusive remedies if we do not meet the Service Uptime Guarantee. In the event either party is unable to carry out its material obligations under this Agreement by reason of Force Majeure those obligations will be suspended during the continuance of the Force Majeure, provided the cause of the Force Majeure is remedied as quickly as practicable. The term "Force Majeure" means any event caused by occurrences beyond a party"s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of this Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment. If your Services include Domain Name System Security Extensions ("DNSSEC"), you will be able to secure your domain names with DNSSEC. DNSSEC is designed to protect you from forged DNS data so "hackers" cannot direct visitors to your website to a forged site. DNSSEC works by using public key cryptography. You acknowledge and agree that if the keys do not match, a visitor"s lookup of your website may fail (and result in a "website not found" error) and we assume no liability or responsibility regarding the same. In addition, DNSSEC responses are authenticated, but not encrypted. You acknowledge and agree that DNSSEC does not provide confidentiality of data, and we assume no liability or responsibility regarding the same. We prohibit the running of a public recursive DNS service on any server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public recursive DNS services and reserves the right to remove any servers from the network that violate this restriction.

Domain Protection. The Domain Protection service generally allows You to:

  • replace your personal details in the WHOIS Directory with the details of Domains By Proxy;

  • Your replace your personal details in the WHOIS Directory with the details of Domains By Proxy;name and postal address;

  • set up a private email address for each domain name that you can forward, filter or block. and lock your domain name.

The Domain Protection service features are intended to: prevent domain-related spam; protect your identity from third-parties; and add a higher level of security through 2-Step Verification to disallow most accidental or malicious domain name transfers. As set forth in Section 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs. Your purchase and use of Domain Protection is also subject to and governed by the terms of the Domain Name Proxy Agreement.

Domain Protection Plus (formerly Full Domain Privacy and Protection).
The Domain Protection Plus service generally allows You to:

  • replace your personal details in the WHOIS Directory with the details of Domains By Proxy.

  • set up a private email address for each domain name that you can forward, filter or block.

  • prevent accidental loss of a domain name due to an expired credit card or invalid payment method when domain is set on auto-renew and lock your domain name.

The full domain privacy and protection service features are intended to: prevent domain-related spam; protect your identity from third-parties; and add a higher level of security through 2-Step Verification to disallow most accidental or malicious domain name transfers.. As set forth in Section 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs. Your purchase and use of Full Domain Privacy and Protection is also subject to and governed by the terms of the Domain Name Proxy Agreement.

Ultimate Domain Protection & Security. The privacy and business protection service includes all the features of Full Domain Privacy and Protection, plus the service generally allows You to: (i) prevent accidental loss of a domain name due to an expired credit card or invalid payment method when domain is set on auto-renew; (ii) lock your domain name in your account; and (iii) activate Website Security Basic. The privacy and business protection service features are intended to: prevent domain-related spam; protect your identity from third-parties; plus add a higher level of security through 2-Step Verification to disallow most accidental or malicious domain name transfers;; and provide domain name protection through Website Security Basic. As set forth in Section 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs. Your purchase and use of Ultimate Domain Protection & Security is also governed by terms of the Domain Name Proxy Agreement and Website Security Terms of Use

Trademark Keeper (Beta) Trademark Keeper is a free beta feature of your domain that (i) automatically captures a record of Your homepage including any trademarks on that homepage quarterly ("Screen Capture(s)"), and (ii) timestamps and records proof of the Screen Capture(s) using blockchain technology to ensure that the record is secure. Trademark Keeper also allows You to identify up to three (3) individual trademarks to help You catalog Your brand assets in Your dashboard. Trademark Keeper stores the Screen Capture(s) on servers provisioned by LINK but does not analyze, modify or edit the Screen Capture(s). Trademark Keeper stores a digital signature of the Screen Captures on a blockchain proving the Screen Captures" existence at a certain time, but does not store the Screen Capture itself on the blockchain. You may request a report that shows a historical record of Screen Captures that have been captured by Trademark Keeper. At any time, You may opt out of Trademark Keeper and delete the historical record of Screen Captures. Your Screen Captures will be deleted 24 hours after You disable the "Keep My Data" function. If you re-enable this function within 24 hours, your Screen Captures may be restored. LINK may discontinue the Beta feature at any time and for any reason. YOU ACKNOWLEDGE THAT YOUR USE OF TRADEMARK KEEPER DOES NOT RESULT IN AN "OFFICIAL" TRADEMARK REGISTRATION WITH A GOVERNMENTAL TRADEMARK OFFICE. YOU ACKNOWLEDGE THAT TRADEMARK KEEPER IS NOT A LEGAL SERVICE AND YOU SHOULD CONSULT A TRADEMARK ATTORNEY FOR ADVICE ON HOW TO BEST PROTECT YOUR TRADEMARK RIGHTS. LINK MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARDS TO ANY MATTER INCLUDING THE ADMISSIBILITY OF THE SCREEN CAPTURES OR RECORDS CAPTURED THROUGH TRADEMARK KEEPER.13.  PRE-REGISTRATIONS If you submit an application for pre-registration of a domain name, LINK does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured. LINK may use third-party service providers for the pre-registration services. 14.  PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS Domain Name Dispute Policy. If you reserved or registered a .BIZ domain name through us, in addition to our Dispute Resolution Policy, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the Restrictions Dispute Resolution Policy applicable to the .biz TLD. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case basis by an independent ICANN-accredited dispute provider. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes. One Year Registration. If you are registering a .BIZ domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one- year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .BIZ domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .BIZ domain name during the first year, you will automatically be charged the second year renewal fees.14.  PROVISIONS SPECIFIC TO .INFO REGISTRATIONS One Year Registration. If you are registering a .INFO domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one- year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .INFO domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .INFO domain name during the first year, you will automatically be charged the second year renewal fees.15.  PROVISIONS SPECIFIC TO .NAME REGISTRATIONS Defensive Registration. A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name you wish to register is subject to a Defensive Registration, you have three (3) options: (i) you may register a variation of the name, (ii) you may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy, or (iii) you may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois Directory and requesting consent to register the .NAME domain name. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP. Acceptable Use Policy. You agree to be bound by the .NAME Acceptable Use Policy, which is hereby incorporated by reference. Among other limitations, this policy prohibits you from using your .NAME Email to engage in Spamming activities. You will be limited to a maximum of five hundred (500) messages sent from your .NAME at a time.16.  PROVISIONS SPECIFIC TO .REISE REGISTRATIONS Domain Names registered in .REISE should be used for purposes dedicated to travel topics within six months following initial Registration, e.g. utilized on the Internet or otherwise used to perform a function.17.  PROVISIONS SPECIFIC TO .SEXY REGISTRATIONS You shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY Registered Name.18.  COUNTRY CODE TOP LEVEL DOMAINS You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country"s laws.(A)  PROVISIONS SPECIFIC TO .AU REGISTRATIONS .au Registrations (to include com.au, net.au and org.au) are governed by the following additional terms and conditions: auDA. auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator. The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this Agreement. auDA is an intended third party beneficiary of this agreement. auDA Published Policy. auDA Published Policies means those specifications and policies established and published by auDA from time to time at https://www.auda.org.au. You must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this Agreement. In the event of any inconsistency between any auDA Published Policy and this Agreement, then the auDA Published Policy will prevail to the extent of such inconsistency. You acknowledge that under the auDA Published Policies: (1) there are mandatory terms and conditions that apply to all domain names; (2) licences, and such terms and conditions are incorporated into, and form part of, this Agreement; (3) You are bound by, and must submit to, the .au Dispute Resolution Policy; and (4) auDA may delete or cancel the registration of a .au domain name. auDA"s Liabilities and Indemnity. To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors. Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant"s registration or use of its .au domain name. Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.(B)  PROVISIONS SPECIFIC TO .CA REGISTRATIONS You acknowledge and agree that registration of your selected domain name in your first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA"s Registrant Agreement. CIRA Certified Registrar. The registrar shall immediately give notice to you in the event that it is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement between CIRA and the Registrar is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to the registrants thereof. In the event that the registrar is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated or in the event the Registrar Agreement between CIRA and the Registrar is terminated or expires, you shall be responsible for changing your Registrar of Record to a new CIRA Certified Registrar within thirty (30) days of the earlier of notice thereof being given to you by (i) the Registrar or (ii) CIRA in accordance with CIRA"s then current Registry PRP; provided, however, that if any of your domain name registrations are scheduled to expire within thirty (30) days of the giving of such notice, then you shall have thirty (30) days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with the Registry PRP. You acknowledge and agree that should there be insufficient funds prepaid by the registrar in the CIRA Deposit Account to be applied in payment of any fees, CIRA may in its sole discretion stop accepting applications for domain name registrations from the registrar, stop effecting registrations of domain names and transfers, renewals, modifications, and cancellations requested by the registrar and stop performing other billable transactions requested by the registrar not paid in full and CIRA may terminate the Registrar Agreement between CIRA and the Registrar. .CA ASCII and IDN domain variants are bundled and reserved for a single registrant. Registrants are not required to register all variants in a bundle, but all registered variants must be registered and managed at a single registrar. Each variant registered will incur a registration fee. In addition, when registering multiple .CA domain (ASCII and IDN) variants in a bundle, your registrant information must be identical. If variants are registered at other registrars or if registrant information does not match, it may result in an "unavailable" search result, delayed or failed registration. If information does not match, validation is required and may take up to seven business days and delay availability of domain.(C)  PROVISIONS SPECIFIC TO .CN REGISTRATIONS .CN is a restricted TLD " applications are subject to both a domain name check and real name verification as required by the People"s Republic of China. Registrations in .CN are therefore subject to the following additional terms: Verification, Registration and Activation. If a domain name is not permitted to be registered by the Chinese government, as determined by us, the Registry Operator and/or a 3rd party provider utilized for such services and determinations, in either party"s discretion, the application for registration will not be successful. In such event, the name will be deleted and you will be eligible for a refund as further described below. If permitted, then the Registration may proceed, but a .CN domain name may not be activated (i.e., it will not resolve in the Internet) unless and until you have submitted (via the process described during registration) valid documents required of us and the Registry to perform real name verification. The following are acceptable forms of documents for the purpose of verification:

Auction Terms and conditions:

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

OVERVIEW
This LinkData.com Auctions Membership Agreement (this “Agreement”) is entered into by and between LinkData.com, LINK for technology and general trading ("LinkData") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of LinkDatas Auctions services (“LinkData Auctions” or the “Services).Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with LinkData’s Universal Terms of Service Agreement, which is incorporated herein by reference.The terms we”, us or “our” shall refer to LinkData. The terms “you, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.LinkData, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the LinkData website (this Site). You acknowledge and agree that (i) LinkData may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, LinkData may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. LinkData assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

DESCRIPTION OF SERVICES
The Services are provided to facilitate the buying and selling of currently registered domain names only, and not the purchase or sale of associated website content. LinkData provides a venue and a transaction facilitation process. LinkData is not an auctioneer or an escrow agent. Although the process occurs in an auction-style” format, LinkData is not the owner of the domain names listed on the website. As a result, LinkData has no control over the quality, safety, or legality of the domain names listed. Domain names listed may be withdrawn at any time by Seller or by LinkData.You acknowledge and agree that if you engage in a transaction with an auction selling price of five thousand dollars ($5,000.00) or more, your transaction may be handled by a third-party escrow service, Escrow.com. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by Escrow.com’s General Escrow Instructions, which are incorporated herein by reference. In addition, you acknowledge and agree that LinkData may disclose personally identifiable information to Escrow.com for the sole purpose of facilitating the transaction.You acknowledge and agree that if you engage in a transaction with an auction selling price of less than five thousand dollars ($5,000.00), your transaction will be handled by LinkDatas “Transaction Safety” process. LinkData will remit payment of the purchase price, less the applicable commission and fees, to the Seller approximately 20 days after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent.For Domain Broker Service transactions, as part of LinkData’s “Transaction Safety process, LinkData will remit payment of the full agreed-upon purchase price to the Seller within approximately 20 days after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by LinkData in its sole and absolute discretion.By using LinkData's “Transaction Safety process, you authorize LinkData to perform tasks on your behalf to complete the transaction. LinkData will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge and agree that LinkData is not a bank, and the Transaction Safety process is a payment processing service rather than a banking service. You further acknowledge and agree that LinkData is not acting as a trustee, fiduciary, or escrow agent with respect to your funds.LinkData is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to the breach by the Buyer or Seller or failure of the Buyer or Seller to complete the transaction. The Buyer does not obtain any rights in the registration of a domain name until the completion of the transaction.You acknowledge and agree that we may, in our sole discretion, extend the length of the auction if bids are submitted in the final moments of the auction, to allow potential buyers the opportunity to bid prior to the end of the auction.We reserve the right to screen domain names prior to listing, and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: a) violation of this Agreement or the Universal Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right.Should you choose payment by paper check, you acknowledge and agree that a Twenty-Five Dollar ($25 USD) check processing fee will be assessed to you each time a U.S. based check is printed.Gift cards may not be used to purchase auction memberships or pay for domain names or auction-related fees. In addition, gift cards may not be used as a form of payment in transactions involving domain names or related fees.

AUCTION PARTICIPATION
To participate in an auction, you must register for an Account on the Site. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LinkData reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify LinkData of any unauthorized use of your Account.You must be at least 18 years of age to register for an Account and participate in auctions on the Site. By registering for an Account, you represent and warrant that you are at least 18 years of age.By listing a domain name for sale on LinkData Auctions, you warrant that you have the right to transfer and register ownership of the domain name. If your domain name is registered with a registrar that supports the Internet Corporation for Assigned Names and Numbers (ICANN) Inter-Registrar Transfer Policy (“IRTP”), and you intend to transfer the domain name to the buyers registrar of record, you agree to adhere to ICANN’s IRTP. If you have opted to use LinkData’s Transaction Safety process, you further warrant that you have the right to receive payment of the full purchase price from the buyer.LinkData reserves the right to refuse service to anyone for any reason at any time.You agree not to use the Services to:
(a) reproduce, duplicate, copy, sell or resell any portion of the Services or domain names sold through the Services, other than as expressly allowed under this Agreement;
(b) collect, use or disclose information, including personally identifiable information, about any other user in violation of LinkDatas privacy policy;
(c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
(d) interfere with security-related features of the Services, including by:
(i) disabling or circumventing features that prevent or limit use or copying of any content; or(ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services;
(e) interfere with the operation of the Services or any user’s enjoyment of the Services, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
(ii) making any unsolicited offer or advertisement to another user of the Services;
(iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
(f) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
(g) violate any applicable law or regulation.

PAYMENT TERMS
You agree to pay all fees and charges specified when you register for an Account and participate in auctions on the Site. All fees are in U.S. dollars and are non-refundable.If you are the winning bidder in an auction, you agree to pay the full auction price, including any applicable taxes and fees, within 7 days of the auction closing. If you fail to pay the full auction price within 7 days, LinkData reserves the right to cancel the transaction, in which case you will lose any right, title or interest in the domain name and LinkData may, in its sole discretion, offer the domain name to the next highest bidder or relist the domain name for auction.If you are the seller in an auction and your domain name sells, LinkData will deduct a commission, as well as any applicable taxes and fees, from the final auction price. Payment will be made to you within approximately 20 days after receiving funds from the buyer, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by LinkData in its sole and absolute discretion.If you engage in a transaction with an auction selling price of five thousand dollars ($5,000.00) or more, your transaction may be handled by Escrow.com. In such case, you agree to pay Escrow.coms fees in addition to LinkData’s fees. LinkData reserves the right to change its fees at any time.If you choose to use LinkData’s Transaction Safety process for a transaction with an auction selling price of less than five thousand dollars ($5,000.00), you agree to pay a service fee, which will be deducted from the final auction price. LinkData reserves the right to change its fees at any time.All payments must be made by credit card or wire transfer. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You should check with your bank and credit card issuer for more information.

TAXES
You are solely responsible for any and all taxes associated with your use of the Services and transactions conducted on the Site. LinkData may collect and remit sales tax on your behalf in connection with the sale of domain names on the Site.If you are a resident of the United States, you agree that you will provide LinkData with a valid and accurate tax identification number, and that you will not claim tax-exempt status unless you are truly eligible. If you are a resident of the United States and fail to provide LinkData with a valid and accurate tax identification number, you may be subject to backup withholding. If you are a resident of the United States and claim tax-exempt status, you will be required to provide LinkData with a completed Form W-9 or other appropriate form. If you are not a resident of the United States, you will be required to provide LinkData with a completed Form W-8 or other appropriate form.

INTELLECTUAL PROPERTY
You acknowledge and agree that LinkData and its licensors own all right, title and interest in and to the Services, including all intellectual property rights therein, and that you do not acquire any ownership rights by using the Services. LinkDatas name, logo, and the product names associated with the Services are trademarks of LinkData or third parties, and no right or license is granted to use them.You agree not to remove, alter or obscure any copyright, trademark or other proprietary rights notice incorporated in or accompanying the Services. You are not authorized to use any trademarks, service marks or trade names of any third party.You may submit comments or ideas about the Services, including without limitation about how to improve the Services (collectively, “Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LinkData under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LinkData does not waive any rights to use similar or related ideas previously known to LinkData, or developed by its employees, or obtained from sources other than you.

Last updated: August 11th, 2024


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