Effective as of March
9, 2021
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:
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Identification
number: 12590213
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VAT number: 17846
26724
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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
information
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 policy
We 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; and
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,
12. Limitation of Liability; Waiver and
Release
In 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.
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. 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" intentions 21. No Third Party Beneficiaries Nothing 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 may immediately 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 Department 4 Wadsworth Road, Perivale, UB6 7JJ, United
kingdom +964-750-8193333 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 Content If 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
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")u>. 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: 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 that you 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. 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 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.
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. 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 July 2021
Table of Contents
1- INTRODUCTION 2.1- ACCEPTABLE USE OF INFORMATION
SYSTEMS 2.2- CLEAN DESK 2.3 " FIREWALLS SECURITY 2.4 " INTERNET 2.5 " 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.
Definitions
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 Detail
Ownership 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 policy System 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: o
degrades the performance of information systems; o
deprives an authorized LINK user access to a LINK resource; o
obtains extra resources beyond those allocated; or o
circumvents LINK computer security measures. 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:
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: o
an individual"s name o
IDs, Passports and Access door cards o
Driver"s license number or identification card number o
Account number, credit or debit card number, security code, access code,
or password that could permit access to an individual"s financial account o
Restricted data is divided into two categories: o
Personal data, that refers to any combination of information that identifies
and describes an individual. o
Limited data, that refers to electronic information whose unauthorized access,
modification, or loss could seriously or adversely affect LINK, its members,
and non-members.
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.
Overview
LINK 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.
Purpose
This 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:
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. The firewalls will protect against: 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:
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.
Overview
Internet access and usage at LINK must be
managed as valuable and mission critical resources. This policy is established
to:
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 Detail
Accessing 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 usage All 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 use
Computer 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. Content LINK 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. Transmissions All 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 use Incidental 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. Reimbursement An 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 System-Level Passwords
Password Protection
o
Take control of the passwords and protect them o
Report the discovery to IT o
Take control of the passwords and protect them o
Report the discovery to IT Application Development Standards Application developers must ensure their
programs follow security precautions in this policy and industry standards.
2.6 " SERVER SECURITY
Definitions
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: This 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: Therefore, 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 Detail
Responsibilities
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 Technology All 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. 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:
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.
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 traffic Using 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. LINK - Domain Name Registration Agreement
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, g 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 LINK . Notwithstanding
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 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 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‐to‐date, 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 Highly‐regulated 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, by registering 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 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: You agree that, to 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:
1.
The domain or sub-domain name(s) registered by you;
2.
Your organization name, type and postal address;
3.
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);
4.
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;
5.
The corresponding names of those name servers;
6.
The original creation date of the registration; and
7.
The expiration date of the We 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 listed
2.
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 to Return 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 by
2.
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 you
4.
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 additional
6.
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 other Subject 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; or
13.
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 other We, 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: 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: 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: Documents submitted to us are used by us and
shared with the Registry solely for the purpose of real name verification, and
are otherwise subject to our Privacy Policy. By registering a .CN
domain, you expressly agree that your data may be stored on servers in the
U.S., or otherwise outside of the People"s Republic of China. Refunds. Refunds for .CN Registrations will only be allowed where (i)
registration of the applied for domain name is not permitted by the Chinese
government; or (ii) you notify us of your intent to cancel for any reason
within the first five (5) days after the Registration (i.e., after it is deemed
permissible by the Chinese government). For the avoidance of doubt, refunds
will not be permitted under any circumstances after five (5) days from the date
of Registration, including, for example, in the event real name verification is
not successful or if the Chinese government determines after Registration that
the domain name should not have been registered (and directs us to delete). (D) PROVISIONS SPECIFIC TO .JP
REGISTRATIONS Registration
Restrictions. You represent and
warrant that you have a local presence in Japan with a home or office address.
You agree that certain domain names are reserved and can only be registered by
certain parties. These include: (i) TLDs, other than ccTLDs, as determined by
ICANN; (ii) geographical-type .JP domain names that are defined as
metropolitan, prefectural, and municipal labels; (iii) names of primary and
secondary educational organizations; (iv) names of organizations related to
Internet management; (v) names required for .JP domain name operations; and
(vi) character strings which may be confused with ASCII-converted Japanese
domain names.
Auction Terms and conditions:
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.
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.
Visit Nominet www.nominet.uk/go/terms
LINK"s makes sure that security policies for websites are strictly followed by
taking into consideration the below guidelines:uidelines, 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").
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 buyer’s 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 LinkData’s 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. LinkData’s
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.
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