This agreement is between Green Link Marketing. (greenlinkmarketing.com) (PROVIDER) and the party as specified in the on-line application (CLIENT). Hosting services may also be provided by a company associated with Green Link.
Client agree that client, as the person officially responsible for all use of its account, are at least 18 years of age. If client is below 18 years of age, client need to have parental approval in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name.
Client agree to supply Creative on with a current and truthful name, postal address, email address and telephone number for Provider records, and this is client duty to keep this information up to date.
Client also agree that client is an authorized user of any credit card that client supply to our payment partner; client and providers agree that provider have an obligation to fully investigate any possible fake credit card use and take legal actions along with the termination of services and imposition of fine.
2- Usage policy
Provider reserve the right to suspend or cancel a customer’s access to any or all services we provided when provider decide that the account has been inappropriately used. In short provider do not allow certain activities hosted on provider’s servers:
No adult content (No Pornography) – without permission
No online gambling
No Spam, No unsolicited e-mailing
No Warez, cracks, copyright infringement
No patched, cracked software
No Hacking Scripts
Its the responsibility of Client to make sure of making them free of these items. If provider found any provider will cancel its services without any notice and Provider is not responsible for any refund/loss of data.
Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited. Can cause to termination of services and fine will be imposed on client.
4- Unauthorized use of other people’s accounts or computers
Provider will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to provider, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
5- Abuse of Unlimited Traffic and/or Unlimited Storage
If one of provider hosting plans offers unlimited traffic and/or unlimited storage for the client web sites, the intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All of client’s web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of un-linked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our service the following limitations apply to such hosting plans:
- Sites with Banners, graphics or cgi scripts running from their domain used on other domain
- Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
- Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)
If client do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $20/1GB/month will be billed to your account.
We will be the sole arbiter as to what constitutes a violation of this provision
6- Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
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 five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic.E-mail is a person-to-person medium, not a broadcast medium.
7- Background Running Programs
In addition to these CLIENT agrees not to run any kind of ‘server applications’. Every program/script that opens a port on the shared hosting server is considered a ‘server application’. These include but are not limited to IRC servers, IRC proxies, IRC bots.CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.
8- Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserves the right to change prices at any time. 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 us in writing for a request for termination of services. Credit card information is stored on file and will be auto-billed on the due date of the account. Email notification will be sent to you prior to your hosting renewal date.
Provider reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by provider if provider institute our 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 provider web hosting plans are backed by a 7 day money back guarantee. If client are not completely satisfied with our services or support within the first 7 days of client’s contract, client will be given a full refund of the contract amount including setup fees but excluding overages. Domain Registration fees are not refundable at all. If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged. For web hosting contracts of 3 months or less, the full contract amount less any domain registration fees and overages will be refunded if provider are notified within the first 7 days following activation. No refund is available after the 7th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any domain registration fees and overages will be given if provider are notified prior to the 7th day of the first half of the contract term. For example, on a twelve month contract Provider must receive the notice of cancellation prior to the seventh day of the first month of the contract. No refunds will be given once the 7th day of first half of the contract term has begun. 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 mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. Provider also accept account cancellation submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, payment will be made by company check within 15 -20 working days of receipt of cancellation.
Provider reserve the right to refuse service to anyone. Client may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, provincial 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. Provider expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which provider 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 our management.
11- Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada (International Web Hosting / Domain Providers/ Online Service Provider Law) along with the Laws of Islamic Republic Of Pakistan.
12- LIMITATION OF LIABILITY
CLIENT AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY
(A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT
(B) INTERRUPTION OF BUSINESS
(C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES
(D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
(E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION
(F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER
(G) THE PROCESSING OF CLIENT APPLICATION FOR THE SERVICES
(H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF CLIENT ACCOUNT IDENTIFIER OR PASSWORD. CLIENT FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(I) GREENLINKMARKETING.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLIENT AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO CLIENT’S USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY CLIENT OR SOMEONE ELSE USING CLIENT COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM CLIENT IN WHICH CLIENT PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. CLIENT FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY CLIENT.
14- DATA LOSS
Company Green Link Marketing / PROVIDER is not responsible for any type of Data loss or website loss. Clients are given with the C-Panel / WHM / ROOT / Admin passwords. The client should change the password as soon as possible. The provider will not at all be responsible for any type of data loss from the web server. Neither the provider is responsible for any type of backup.
Provider take care of our Customer’s data very seriously but only CLIENTS are responsible for any kind of client data loss. Provider recommend taking full backup of client website data frequently (after every 2 days) and download it to client local hard drive. However, Provider can restore full backup once uploaded at no cost (But not necessary provider are not bound for providing backup – Incase provider will be having provider can restore it within 2 days)
15- PRICING REVISION
Green Link Marketing reserve the right to revise our prices at any time. If client have chosen to pre-pay for client account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered.
However, once client account is due for renewal, the new prices will be applicable.
16- TERMINATION OF CONTRACT
After the contract period overs Green Link Marketing will not be responsible for any type of providing any data, money, invoice (copy) or any type of contract document as soon as the contract is terminated. (Provider have the data for client 24 hour after the contract expires – No Claiming After that will be entertained)
17- CHANGES IN TERMS AND AUP
Green Link Marketing reserves the right to revise its policies at any time without any prior or post notice/notification. However, we try out best to intimate the client about the changes.