Linkfinity - Service Policy

Terms, Conditions and Acceptable Use Policy

Linkfinity, LLC ("Linkfinity") provides Internet World Wide Web content hosting and publishing, marketing, design and development. Linkfinity has certain legal and ethical responsibilities consisting with the use of its services, software, servers and equipment involved in these services. In order to protect each client and to provide the best services possible we have created this Acceptable Use Policy Agreement. Linkfinity reserves the right to suspend or cancel a customer's access to any or all services provided by Linkfinity when we decide that the account has been inappropriately used or in violation of this Acceptable Use Policy.

By establishing or maintaining your account with Linkfinity, you are indicating that you have read and understand Linkfinity's Acceptable Use Policy and agree to be bound by its terms.

Specified Acceptable Use Policies

Server Abuse
Any attempt to undermine or cause harm to a server, or a customer of Linkfinity is strictly prohibited.

Unauthorized use of other people's accounts or computers, or attempted use of an Internet account or computer without the owner's authorization will result in action against the perpetrator. Such attempts include tricking other people into releasing their passwords, password and sensitive data theft, port scanning etc. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Licensed Software Only.
No pirated software, hacker programs, archives or any such unacceptable content allowed on any of our sites. PERIOD. This is illegal and if you're conducting such business elsewhere, please be aware of the EULA of each software platform you are pirating.

All pornographic content and sex-related merchandising are strictly prohibited on any & all Linkfinity servers. This includes, but is not limited to, any sites that may infer sexual content or links to adult content elsewhere. Linkfinity will be the sole arbiter as to what constitutes a violation of this provision.

Sites that promote any illegal activity or present content that may be damaging to Linkfinity servers or any other server on the Internet (as well as links to such materials) are all prohibited.

SSH/Telnet "Shell" Access is NOT provided. No user on Linkfinity servers shall have SSH or Telnet access. This is to protect our network and the sensitive data of our customers with an added security layer. Any maintenance requiring such access will be provided by Linkfinity or will only be granted to verified, dedicated server owners with exclusive written limitations.

Abuse of Storage
Linkfinity's customers are privileged to be offered generous storage space for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) or database served content must be 'linked' with the content (.GIF, .JPEG, etc.) stored on Linkfinity's server(s). Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Linkfinity management. Any customer who violates Linkfinity's Policies in abusing either space/site transfer will be notified and given 3 days to remedy the problem. If the problem is not resolved within the alloted 3 day period, the client will be billed for the overages.

To maintain the integrity of our services the following limitations apply:

The following types of sites are either refused or require special agreements (such as establishing dedicated server accounts): Sites with remotely hosted (content residing on domains outside Linkfinity Network) third party applications or content. Sites with more than 70% of the files transferred is graphics or binary content.

Bandwidth:
Unless otherwise agreed upon, bandwidth usage (data transfer) over the defined monthly limit will be billed. However unlikely, over the monthly limit in bandwidth usage, will be billed in normal data transfer cost of $12.00/1GB/month. Customers are provided monitoring tools and regular updates about the traffic and usage.

No SPAM
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is strictly prohibited on any and all of Linkfinity servers. The client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given prior, specific permission and authorization to be included in such a process. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Sending a message, especially an advertisement, to more than six recipients, is by itself spamming unless the individuals have specifically requested to be added to the corresponding list. We believe, e-mail is a person-to-person medium, not a broadcast medium. Linkfinity considers 'SPAMMING" as a violation of it's acceptable use policy.

Third Party Software (or Scripts)
We do not allow clients to install any third party applications, (or applications not provided/supported by Linkfinity), without having been approved by the Linkfinity Support Department.

Background Processes/Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and extra charges may be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies
All accounts are set up on a monthly payment basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. Linkfinity reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Linkfinity in writing for a request for termination of services. All payment is in U.S. currency.

Cancellation
Linkfinity reserves the right to cancel service at any time. All fees for unused service, paid in advance of cancellation will be pro-rated and paid by Linkfinity if Linkfinity invokes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Linkfinity's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding overages or special custom setup fees. Setup fees are refundable only if the account order is canceled prior to activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. Phone requests for cancellation will not be accepted. If payment was made by check or bank transfer, the zip/postal code of the primary contact must be provided. Refund payment will be made by company check within 15 business days of receipt of cancellation.

Lawful Purpose
Linkfinity reserves the right to refuse service to anyone. Customers may only use Linkfinity servers and services for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Linkfinity expressly forbids anyone from using Linkfinity servers/services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Linkfinity management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Linkfinity harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Linkfinity, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Linkfinity against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Linkfinity's servers/services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Linkfinity's servers.

Disclaimer
Linkfinity will not be responsible for any damages your business may suffer. Linkfinity makes no warranties of any kind, expressed or implied for services we provide. The services, the Linkfinity site(s), and also including, but not limited to: all products and services displayed or offered on the Linkfinity site, and all text, graphics, links and applications are provided to client on a 'as is' basis and without warranty of any kind. Linkfinity disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability or of fitness for a particular purpose, non-infringement or arising from a course of dealing. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Linkfinity and its employees. Linkfinity's liability to you for any reason is limited to amounts actually received by Linkfinity from you for Linkfinity services within one year of the date of any applicable claim by you.

Linkfinity reserves the right to revise its policies at any time.

All Sub-Networks, customers, resellers and dedicated server clients of Linkfinity must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Linkfinity, LLC
Washington Blvd.
Marina Del Rey, CA 90292
Tel/Fax: (310)306-0331

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