This
AGREEMENT between Uplink Web Design (hereinafter
referred
to as "Uplink Web Design") and Account Holder
(hereinafter referred to as "Member") WHEREAS
Uplink Web Design provides the service including but
not limited to that of Web Hosting, Domain Name Registration
Service, E-mail Service, Website Design Service, Shopping
Cart Services, SEO Service and Merchant Account Services
(the "Service"); AND WHEREAS Member desires
to subscribe to the Service on the terms and conditions
contained herein; now THEREFORE in consideration
of
the mutual agreements contained in this Agreement,
Uplink Web Design and Member agree as follows:
Detailed Terms of Service
1. The Service
Uplink Web Design's services include but are not limited
to the following: Web Hosting, Domain Name Registration
Service, E-mail Service, Website Design Service, Shopping
Cart Services, SEO Service and Merchant Account Services.
Uplink Web Design does not place banners on Members'
web sites although Members may choose to do so in
accordance with all regulations set out by Uplink
Web Design, the State, and the Country. Uplink Web
Design will not charge a membership fee for the aforementioned
services unless Member chooses to use optional services
that are subject to a fee. Member is, however, entirely
responsible for:
i. all fees and/or charges related to domain name
registration and/or renewal;
ii. Presenting available payment upon due date for
any of Uplink Web Design's paid services; if account(s)
has outstanding balance, Uplink Web Design reserves
the right to suspend all services associated to member
and/or member credit card number until amount is paid
in full*
*a $25.00 reactivation service charge will apply for
accounts suspended due to account outstanding balance
problems.
iii. Providing all necessary equipment and software
to establish a connection to the World Wide Web and
use the services offered by Uplink Web Design, including
but not limited to a computer and modem;
iv. Providing own access to the World Wide Web and
pay for all fees associated with such access.
2. Member Information
To be able to use the Service, Member must complete
a proper registration process. Member agrees to:
i. provide current, complete and accurate personal
information (referred to as the Registration Data)
as requested by the Service;
ii. Maintain and update this information to keep it
current, complete, and accurate.
Uplink Web Design does not sell or disclose any Registration
Data to a third-party unless:
i. Member voluntarily discloses such information to
another party;
ii. Member expressly directs Uplink Web Design to
release such information;
iii. Uplink Web Design is required to disclose such
information by any applicable law or legal process
served on Uplink Web Design.
3. Advertisements
Member may choose to display advertising banners on
own web site, provided that the advertisements are
not of illegal, pornographic, or discriminatory nature.
Member may also enter into correspondence with or
participate in promotions of the Advertisers whose
banners are displayed on own or other Members' web
sites. Any such correspondence or participation, including
the payment and delivery of products and services,
and any other terms, conditions, warranties or representations
associated with such correspondence or participation,
are solely between the corresponding Member and the
Advertiser. Uplink Web Design assumes no liability,
obligation or responsibility for any part of any such
correspondence or participation.
4. Limitations
The Service is subject to the following limitations:
i. Member agrees not to engage in any activity that
could overwhelm the server with heavy CPU usage or
that requires a disproportionate or unreasonable amount
of the resources of the Uplink Web Design server;
ii. Member shall not include content or Internet links
to content on the Site that may contain, promote,
or involve the following:
a. any infringement of copyright, trademark, patent,
trade secret or other intellectual property right;
b. nudity or pornography;
c. content that exploits children under 18 years of
age;
d. hate propaganda;
e. racist, threatening, or otherwise abusive content;
f. content promoted through the sending of unsolicited
e-mail (also known as spamming);
g. sending of unsolicited e-mail (spam) from the Uplink
Web Design server, or any other server that refers
to content on the Uplink Web Design server, or sending
such e-mail with a Uplink Web Design-hosted web site
listed as the contact address;
h. mail fraud, multilevel marketing (pyramid) schemes
or other fraudulent activities;
i. the promotion or incitement of, or instruction
for, the commission of illegal activities;
j. information or other material that contains a virus,
corrupted data or other harmful or damaging component.
5. Member Account, Password, and Security
A password and an account are provided to Member upon
completion of registration. Member is entirely responsible
for
i. maintaining confidentiality of the password and
account;
ii. All consequences of voluntary disclosure of password
and account information;
iii. Any and all activities that occur under Member's
account.
Member agrees to notify Uplink Web Design immediately
of any unauthorized use of Member's account or any
other breach of security known to Member.
6. Cancellation
Notice is required to cancel your service with Uplink
Web Design and there is no cancellation fee. All fees
paid for service up to the date of notice of cancellation
are nonrefundable if cancellation occurs after the
15-day trial period. Set-up fee is nonrefundable.
Promotional offers bundled with hosting services are
subject to payment if cancellation occurs within the
first 15 days of services. To cancel your account
you must fill out the cancellation form
and submit it to our accounting department.
7. Data transfer and web space limitations
In order to load balance our servers keeping our services
cost effective for our paying members, bandwidth limitations
and web space is limited to a maximum of 15GB of data
transfer per month and 250MB of total web space depending
on members account type. Exempt accounts will be required,
to pre-establishe a different set of bandwidth limitations
before hosting account is created. Member agrees to
pay any bandwidth and or web space overages that may
occur on their account. Bandwidth overage charge is
$5.00/1GB/mo. Web space overage charge is $5.00/5MB/mo.
8. Amendments to Agreement
Member agrees to be bound by any amendments or modifications
to this Agreement that are set out, from time to time,
by Uplink Web Design anywhere on this site http://www.UplinkWebDesign.com.
9. Modifications to Service
Uplink Web Design reserves all rights to modify or
discontinue the Service with or without notice to
Member. Uplink Web Design shall not be liable to Member
or any third party should Uplink Web Design exercise
its right to modify or discontinue the Service.
10. No Representations or Warranties
The Service offered by Uplink Web Design is on
an "as is" basis, with no representations
or warranties of any kind, expressed or implied.
For
greater certainty and without limitation to the
generality of the following:
i. Uplink Web Design makes no representations, warranties
or guarantees of any kind, whether written or verbal,
regarding the reliability of the Site provided or
any other services offered;
ii. Uplink Web Design is not responsible for deleted,
altered, or lost data due to network or system outrages,
file corruption, accidental deletion, or any other
reasons;
iii. Uplink Web Design makes no representations, warranties,
or guarantees with regards to server reliability,
speed or consistency;
iv. Uplink Web Design makes no representations, warranties
or guarantees as to the accuracy or correctness of
any content on any of the Sites and is not responsible
for any errors or omissions arising from the use of
such information;
v. Uplink Web Design may also include, on its web
resources or in newsletters, information provided
by 3rd party partners and providers. Uplink Web Design
does not guarantee or warrant the reliability of this
information nor does Uplink Web Design recommend any
of these services.
11. Limitation of Liability
Uplink Web Design is not responsible for any failures,
delays, or interruptions in the delivery of any content
or services contained on the Uplink Web Design server;
or losses or damages arising from the use of the content
or services provided by Uplink Web Design. For greater
certainty and without limitation to the generality
of the following:
i. in no event will Uplink Web Design be liable to
Member for any direct, indirect, incidental or consequential
damages arising out of the Service or in connection
with the Site or any other services or products provided
to Member;
ii. Uplink Web Design, and it's employees shall in
no way be liable to Member or anyone else for any
loss or injury resulting from use of the Service or
the Site;
iii. In no event shall Uplink Web Design be held liable
for any damages, whatsoever, as a result of notifying
any official of potentially illegal content on the
Site, providing copies of Members' web pages to the
appropriate officials or cooperating with law enforcement
efforts to locate persons who have posted content
that is illegal or promotes illegal conduct.
iv. Disclaimer of Liability
For documents and software available from this
server or web designer, Uplink Web Design does
not warrant or assume any legal liability or responsibility
for the accuracy, completeness, or usefulness of
any information, apparatus, product, or process
disclosed.
Disclaimer of Endorsement
General – Uplink Web Design does not endorse or recommend any commercial
products, processes, or services. The views and opinions of authors expressed
on Uplink Web Design’s Web sites do not necessarily state or reflect those
of Uplink Web Design, and they may not be used for advertising or product endorsement
purposes.
External Links -- Some Uplink Web Design Web pages may provide links to other
Internet sites for the convenience of users. Uplink Web Design is not responsible
for the availability or content of these external sites, nor does Uplink Web
Design endorse, warrant, or guarantee the products, services, or information
described or offered at these other Internet sites. Users cannot assume that
the external sites will abide by the same Privacy
Policy to which Uplink Web
Design adheres.
12. Indemnity
Member agrees to indemnify and hold Uplink Web
Design harmless from and against, and to reimburse
Uplink
Web Design with respect to, any and all losses,
damages, liabilities, claims, judgments, settlements,
fines,
costs and expenses (including reasonable related
expenses, legal fees, costs of investigation)
of every nature
whatsoever incurred by Uplink Web Design by reason
of or arising out of or in connection with
i. any breach of this Agreement by Member;
ii. Any infringement of any copyright, trademark,
patent, trade secret or any other intellectual
propriety
right of any party by content on the Site;
iii. Illegal, pornographic, or discriminatory
content on the Site.
13. Termination
Member agrees that Uplink Web Design may terminate
this Agreement, discontinue the Service and delete
the Site at any time with or without notice to
Member
in any of the following circumstances:
i. Member violates any term of this Agreement,
any municipal, statel or federal laws, or any
policy set
out, from time to time, by Uplink Web Design
anywhere on this site http://www.UplinkWebDesign.com
ii. Member engages in conduct or posts material
on the Site that Uplink Web Design believes is
harmful
to other Members, the business of Uplink Web
Design or any third-party;
iii. Member engages in any activity that could
overwhelm the server with heavy CPU usage or
that requires a
disproportionate amount of the resources of the
Uplink Web Design server;
iv. Member disputes the terms of this Agreement
or any amendment set out by Uplink Web Design;
v. Uplink Web Design receives complaints regarding
Member or the Site, from other Members or third-parties.
vi. Member provides personal information that
is not current, accurate, and complete.
14. Governing Law
i. This Agreement is governed by and construed
in accordance with the applicable laws of the
State of
Nevada and the federal laws of USA;
ii. Member and Uplink Web Design agree to submit
to the exclusive jurisdiction of the courts of
the State
of Nevada and of USA;
iii. If any provision of this Agreement is held
to be invalid, illegal or unenforceable, all
other provisions
will nevertheless continue in full force and
effect;
iv. Uplink Web Design's failure to exercise or
enforce any right or provision of this Agreement
shall not
constitute a waiver of such right or provision
unless acknowledged and agreed to by Uplink Web
Design by
writing;
v. Member and Uplink Web Design agree that any
cause of action arising out of or related to
this Service
must commence within one (1) year after the cause
of action arose; otherwise, such cause of action
is
permanently barred.
The section titles in this Agreement are solely
used for the convenience of the parties involved
and hold
no legal or contractual significance.