Keep up the good Work!
Your technical support is fast and always very helpful. In my business that is the biggest concern. I have never had to worry since I signed up with ImageLinkUSA.
Marc Holt
(Holt WorldWide)
To keep our standards high, and reach our goal of providing first class service to all our clients, we must have in place strict standards on items of possible abuse. These items include SPAM, insecure scripts and SSH access. Each item is listed below and we highly recommend all our clients to review.
By submitting the online order form, or by using ImageLinkUSA's
service, Customer hereby agrees to ImageLinkUSA's Terms of Service
(TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and
Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the NSP,
and the Privacy Policy, the usage of us, we, our, and ours shall
refer to ImageLinkUSA, LLC., a Maryland corporation, and all its
parents, subsidiaries, successors, and assigns. The usage of
you, your, they, and them shall refer to the Customer of ImageLinkUSA, LLC.
Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy,
ImageLinkUSA shall refer to ImageLinkUSA, LLC., a Maryland corporation,
and all its parents, subsidiaries, successors, and assigns; unless
otherwise specified, ImageLinkUSA and ImageLinkUSA, Inc. shall
have the same meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS, ImageLinkUSA's Acceptable Use Policy (AUP), and ImageLinkUSA's No-Spam
Policy (NSP). Customer further agrees that it has read ImageLinkUSA's Privacy Policy and agrees to all the terms and conditions
in the Privacy Policy. In this document, the word Agreement,
with a capital A, refers to the TOS, the AUP, the NSP, and the
Privacy Policy collectively.
1. General Terms.
In consideration of hosting services
to be delivered, Customer agrees to be bound by the following
terms and conditions:
1.1.
Customer agrees to pay, in advance of each monthly
service term, for hosting services to be rendered.
1.2.
Customer agrees to be bound by the service term
selected on the online order form or via applicable promotional
codes that may require Customer to order ImageLinkUSA's service
for a certain minimum period of time.
1.3.
Customer agrees to a no-refund policy in advance.
Setup fees, domain registration fees, domain services and monthly web hosting service fees are non-refundable.
1.4.
Non-Payment of services shall result in a 5-day
notice of disconnection. All payment failures must be cured within
5 business days from invoice due date or account will be suspended.
Account termination will result from invoices overdue for 30
days. If an account has been suspended and payment is made, a reactivation fee of $20 may be imposed against your account for reactivation.
1.5.
ImageLinkUSA is not and shall not responsible
for data integrity for any accounts that are terminated, disconnected,
or interrupted because of Customers failure to pay for ImageLinkUSA's services.
1.6.
Customers agree to pay all taxes applicable to
your account.
2. Agreement for Services.
2.1.
ImageLinkUSA will provide, and Customer will
purchase and pay for, the Web hosting services (the Services),
according to the service fees specified in the Order for the
applicable Service Description. Customer acknowledges that the
service, and service fees have been communicated to the Customer,
and that Customer is aware of all applicable charges as per the
Agreement. Customer also understands that no promotional offers
will apply to their individual service unless said promotional
offers are specified in this Agreement.
3. Payment.
3.1.
Establishment and provision of service is contingent
upon receipt of payment from Customer to ImageLinkUSA.
3.1.1.
Customer must pay in full for the Services before ImageLinkUSA begins to provide the Services to Customer. Invoices are
generated 1 day before renewal and customer agree that if paying
by credit card, recurring billing will be billed and charged
automatically on the date the invoice is generated and that ImageLinkUSA may apply the amount due at any time to the credit card
listed on file.
3.1.2.
Setup fees will be charged and are due at the
time of the Customers initial request of the Services requiring
setup.
3.2.
Payment is due on the defined monthly recurring
billing date of each month. All returned checks will be charged
a $20.00 service fee. Service will be interrupted on accounts
that reach 5 days past due. Accounts that are not collectable
by ImageLinkUSA will be turned over to an outside agency for
collection. If your account is turned over for collection, you
agree to pay to ImageLinkUSA a Processing and Collection Fee
of not less than Fifty ($50.00) Dollars nor more than One Hundred
Fifty ($150.00) Dollars.
4. Delinquent Accounts.
ImageLinkUSA may temporarily deny
service or terminate this Agreement upon failure of Customer
to pay charges when due. Such termination or denial will not
relieve Customer of responsibility for the payment of all accrued
service fees, and any collection fees to which ImageLinkUSA may
be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time,
for any reason or for no reason, by filling out the Cancellation
Request Form which is provided on the ImageLinkUSA Web site.
You can find the Cancellation Request Form at the following Web
page:
Once a Customer has cancelled their account before the renewal
date, no more charges will be billed to the account. Cancellations
on or after renewal will be charged renewal fees.
Paypal paying customers cancelling their paypal subscription
payment does not warrant cancellation of service. All cancellations
must go through the cancellation form.
All cancelled accounts will have up to 7 days from the date of cancellation to remove data from the server. After that timeframe has past, your account will be removed from the server. Domains found during monthly maintenance that are no longer using our services will be classified as "Cancelled Services" and all data will be removed from the server, during monthly maintenance.
Customer can terminate their account for any reason or for
no reason. However, Customer understands and agrees that ImageLinkUSA does not provide pro-rated or any other kinds of refunds
on cancellations. All fees Customer has paid shall be nonrefundable. Cancellations must be received at least one week before renewal for shared hosting and reseller packages and, one month ( 30 days ) before renawal date for dedicated servers.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN
THIS SECTION 6, ALL PAYMENTS TO IMAGELINKUSA ARE NONREFUNDABLE.
All payments to ImageLinkUSA are nonrefundable. This includes
any setup fees and monthly fees regardless of usage. All billing
disputes must be reported within thirty (30) days of the time
the dispute occurred. Disputed charges to your credit card issuer,
also known as chargebacks, which, in ImageLinkUSA’s sole
discretion, are invalid under the terms and conditions of this
Agreement, will result in service interruption, a $25 chargeback fee, and $50 reconnection
fee to restore the desired service. Any chargeback received will be disputed to the fullest extent until resolved.
Without waiving any of its other rights under this Agreement,
ImageLinkUSA offers to its Customers a 30-day money-back guarantee
on fees for hosting services only (the “30-Day
Guarantee”). If for any reason you cancel your account
by filling in the account cancellation form and submitting it
to ImageLinkUSA, within thirty (30) days of the beginning of
your service, ImageLinkUSA will refund your money with no questions
asked; provided, however, that you have never previously obtained
a refund under the 30-Day Guarantee. If you have ever previously
obtained a refund under the 30-Day Guarantee, your account will
be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount
you paid for hosting services only, and will not include any
of the following fees:
Setup fees,
Fees for domain name registrations,
Fees charged for exceeding your allotted disk storage space
or bandwidth,
SSL certificate fees,
Web design fees,
Web site marketing fees,
Any add-on services, features, software, and
Any other fees for services involving a third party.
The 30-Day Guarantee is
subject to all of the following limitations:
You are entitled to a maximum of one (1) 30-Day Guarantee.
If you do not cancel your account within thirty (30) days
of the beginning of your service, your right to the 30-Day Guarantee
shall expire forever and may not be revived under any circumstances,
without the prior express written approval of ImageLinkUSA.
You may not transfer or assign the 30-Day Guarantee to any
third party.
You agree that you will not circumvent the restrictions on
the 30-Day Guarantee described in this document, or attempt to
circumvent those restrictions by any means, including, but not
limited to, the following actions:
Creating multiple accounts, using the same customer name
or different customer names;
Canceling your account for the sole purpose of obtaining
a refund and then registering for a new account;
Organizing multiple business entities or using assumed business
names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when
you register for your account; or
Requesting a refund under the 30-Day Guarantee at any time
after you have already received a refund under that guarantee.
If you violate any provision of any of the following policies
of ImageLinkUSA, you will not be eligible for the 30-Day Guarantee:
Terms of Service (TOS);
Acceptable Use Policy (AUP); or
No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding
new services, removing services, or changing the type of hosting
plan you have do NOT make you eligible for an additional 30-Day
Guarantee. The 30-Day Guarantee applies to your first order of
Web hosting services from ImageLinkUSA and does not apply to
any changes to your service at any time.
7.
Customer agrees not to engage in
any activity that violates any international, foreign, federal,
state, or local laws applicable to the service terms described
in this Agreement.
8.
ImageLinkUSA reserves the right
to discontinue service to any Customer it deems, in its sole
discretion, violates any condition of service including, but
not limited to, the following:
Customer agrees to defend, indemnify,
and hold harmless ImageLinkUSA, and the parents, subsidiaries,
successors, assigns, employees and agents of ImageLinkUSA against
any losses, claims, damages, liabilities, penalties, actions,
proceedings or judgments (collectively, Losses) to which an indemnified
party may become subject and which Losses arise out of, or relate
to this Agreement or Customers use of the Services, and to reimburse
an indemnified party for all legal and other expenses, including
reasonable attorneys fees incurred by such indemnified party
in connection with investigating, defending, or settling any
Loss whether or not in connection with pending or threatened
litigation in which such indemnified party is a party.
10. IMAGELINKUSA SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR
10.1.
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM
THE USE OF IMAGELINKUSA's SERVICES BY CUSTOMER OR ANY THIRD PARTIES,
REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2.
ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS.
11.
ImageLinkUSA PROVIDES THE SERVICES
AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED. IMAGELINKUSA DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT
OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY
RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES
AND ImageLinkUSA SHALL HAVE NO LIABILITY THEREFOR.
12.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, IMAGELINKUSA DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS
OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE
INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS
WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT
OF ANY THIRD-PARTY RIGHTS.
13.
IMAGELINKUSA DOES NOT ASSUME ANY
LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY
INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES,
ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
14.No Waiver of Rights by ImageLinkUSA.
Any failure by ImageLinkUSA to enforce
this Agreement in every instance in which it might apply does
not amount to a waiver of any of ImageLinkUSA's rights.
15. Arbitration.
ANY CONTROVERSY OR CLAIM ARISING
OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS
OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH
THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION
ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR
MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
16. Notices.
16.1.
From ImageLinkUSA to Customer.
ImageLinkUSA will notify you by
e-mail of any notices that ImageLinkUSA is required to provide
to you under this Agreement, at the most current e-mail address
you have provided to ImageLinkUSA. By entering
this Agreement, you consent to receive notices by e-mail. You
are solely responsible for ensuring that ImageLinkUSA has your
most current e-mail address, and ImageLinkUSA shall not be responsible
for any lost, misdirected, bounced, forwarded, or undeliverable
e-mail that ImageLinkUSA sends to the most current e-mail address
you have provided to ImageLinkUSA.
16.2.
From Customer to ImageLinkUSA.
Unless otherwise specified in this Agreement, notices to ImageLinkUSA shall be sent to the following address:
This Agreement shall be governed
by and construed in accordance with the laws of the State of
Maryland, without regard to choice of law or conflicts of law provisions
that would cause the application of the law of another jurisdiction.
18. Currency.
All monetary amounts to which this
Agreement refers shall be in United States dollars.
19. Entire Agreement.
This Agreement, including all of
its component parts, comprises the entire agreement between you
(the Customer) and ImageLinkUSA, and supersedes any prior or
previous agreements between you and ImageLinkUSA with respect
to the subject matter of this Agreement; provided, however, that
you agree that you shall be subject to any additional terms and
conditions of which ImageLinkUSA notifies you from time to time,
pursuant to this Agreement.
20. No Oral Modification of this
Agreement.
This Agreement may not be modified
orally.
21. Assignment.
21.1
Customer shall not assign or attempt to assign
its obligations under this Agreement without ImageLinkUSA's prior
and express written consent to such assignment.
21.2.
ImageLinkUSA may assign any or all of its rights
and obligations under this Agreement at any time without prior
notice to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration
or litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or
the breach thereof shall be proper only in a venue determined
ImageLinkUSA.
23. Choice of Law.
For all purposes, this Agreement
shall be deemed to have been made within the State of Maryland,
United States of America. This Agreement shall be governed by
the laws of the United States of America and the laws of the
State of Maryland, without regard to Maryland choice of law and conflicts
of law rules, and ImageLinkUSA and Customer each submit to the
exclusive jurisdiction of the courts of Dorchester County, Maryland,
or to the United States District Court for the Eastern District
of Maryland, should any claim or question arise under Federal law
or federal jurisdiction based upon diversity of citizenship.
24. Force Majeure.
ImageLinkUSA shall not be liable
or deemed to be in default for any delay or failure in performance
under this Agreement or interruption of service resulting directly
or indirectly from acts of God, civil or military authority,
acts of public enemy, war, terrorism, riots, civil disturbances,
insurrections, accidents, fire, explosions, earthquakes, floods,
the elements, strikes, labor disputes, shortages of suitable
parts, materials, labor or transportation, magnetic interference,
interruptions of electrical power or other utility service, unavailability
of any telecommunications or wireless service or connection to
any telecommunications or wireless service, or any cause beyond
the reasonable control of ImageLinkUSA.
25. Severability of Terms of this
Agreement.
In the event that any portion of
this Agreement is held to be unenforceable, the unenforceable
portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the
parties hereto, and the remainder of the provisions shall remain
in full force and effect.
26. Limitation of Actions Arising
Under this Agreement.
Any cause of action you may have
with respect to ImageLinkUSA's performance or alleged non-performance
of this Agreement must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of
action is forever barred.
27. Denial of Service
ImageLinkUSA reserves the right
to refuse or discontinue service to anyone at our sole discretion.
