Net Link Services - Acceptable Use Policy (AUP)

No IRC's, BNC's, Eggdrops, unauthorized SHELL programs, Illegal or blatantly offensive material, or spamming from a site or server. NO EXCEPTIONS at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.

Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.

Support Restrictions:

Net Link Services will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on Net Link Services' part to tutor the necessary skills to utilize that service, only to provide system-specific information.

Payments:

Accounts will be billed in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. No refunds will be processed without "cause" . Accounts are invoiced 5 days in advance of payment processed. You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 5 days after the invoice due date, we will suspend services without further notice. If we are still unable to collect 15 days past payment due date, we reserve the right to terminate the account and all files on our services without recourse.

Uptime Guarantee:

If your website and/or email becomes unavailable due to reasons at our facility (or related), we will offer a refund for the amount of time lost regardless of duration of downtime for any reason NOT related to customer error up to 100% of monthly charges refunded.

Cancellation Policy:

We offer a 30 day money back guarantee for cause on all hosting plans. Secure server certificate (SSL) and domain registration fee's ARE NOT REFUNDABLE. CANCELLATIONS MUST BE PROVIDED IN WRITING TO OUR STAFF 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES.

Payments:

Net Link Services accepts Visa, MasterCard, and PayPal as payment options. We will not accept company or personal checks or wire transfers.

Acceptable Use Policy (AUP)

Use of Net Link Services' services constitutes acceptance and agreement to Net Link Services' AUP as well as Net Link Services' TOS (Terms of Service).

Net Link Services reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Net Link Services' services, and their clients, must comply with this AUP and our TOS (Terms of Service).

IMPORTANT NOTICE:

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Net Link Services Inc may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Net Link Services account or other actions as detailed below without notice, based upon the nature of the violation. As noted on the site, legal adult content is allowed on our servers.

Use of Email/Subdomains:

Please remember, your unlimited e-mail services and/or subdomains are for YOUR use.
They are not intended to be used for re-sale or promotional offerings.

This document is intended to provide a basic understand of Net Link Services Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Net Link Services AUP. If a Net Link Services account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

The following constitute violations of this AUP:

-Illegal Activities:
Net Link Services' services may not be used for illegal purposes, or in support of illegal activities. Net Link Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
-Harm or Endangerment to other people:
You may not use Net Link Services' service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Net Link Services' service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
-Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
-Unsolicited E-mail, News Bombing (SPAM)
Use of the Net Link Services' service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending Net Link Services account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour timeframe will result in the Net Link Services' staff suspending the offending account by whatever means necessary. Anyone hosting websites or services on their site that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our servers. Severe violations may result in immediate and permanent removal of the account from our severs without notice to the customer. Any account guilty of a second violation will be immediately and permanently removed from our servers without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Net Link Services account. 

Copyright or trademark infringement:

Use of the Net Link Services' service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Net Link Services' service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Network disruptions :

Use of the Net Link Services' service for any activity which affects the ability of other people or systems to use our servers or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Net Link Services will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Net Link Services does not allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the Net Link Services' service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Net Link Services or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Net Link Services account is subject to immediate termination.

Security:

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Network Security:

Net Link Services accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF NET LINK SERVICES AUP

Net Link Services requests that anyone who believes that there is a violation of this AUP direct the information to the our Sales Department. If possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation. Net Link Services will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT $75.00 PER HOUR.

Terms of Service (TOS)

All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of Net Link Services' service constitutes acceptance and agreement to Net Link Services AUP (Acceptable Use Policy) as well as Net Link Services TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, Company or Net Link shall constitute reference to Net Link Services, the usage of Client or Customer shall refer to client / customer of Net Link Services.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) and receipt of such order by Net Link Services, that you are agreeing to our TOS, AUP, and SLA. No modifications of said contract by customer is allowed.

2. Net Link Services will provide, and customer will purchase and pay for, the services, and 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 they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any hosting services, if customer's actual bandwidth usage in any month exceeds allotted amount, specified in customer's contract, customer will pay Net Link Services any additional fees as specified in the service description.

Payment:

Establishment of this service is contingent upon receipt of payment from customer to Net Link Services. Subsequent payments are due on the anniversary date of the month for that month's service.

Payments and Fees:

Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 5 days past due and subject to immediate termination. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by Net Link Services will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00).

Delinquent Accounts:

Net Link Services 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, or any collection fees.

Account Cancellation:

All CANCELLATIONS MUST BE PROVIDED IN WRITING TO SALES 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Pro-rated refunds are not given so be sure that we know your intention to leave within 7 days of billing.  NO REFUNDS WILL BE GIVEN FOR DEDICATED SERVER PAYMENTS.

Refunds and Disputes:

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback's, in Net Link Services discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.  NO REFUNDS WILL BE GIVEN FOR DEDICATED SERVER PAYMENTS.

Litigation and Legal Action

Net Link Services is a legal company based in the State of Texas, United States. Regardless of the place of agreement, the client agrees that for purposes of venue and jurisdiction the understanding regarding services was entered into and performed in Galveston County, TX, and any dispute will be litigated or arbitrated in Galveston County, TX. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Galveston County Courts.

Net Link Services - SLA

Hosting services are defined as server space that is rented to clients.

Network outages or unscheduled downtime is any unplanned or unscheduled interruption in service availability during which client is unable to access the services. A network outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by Net Link Services. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled downtime is any Net Link Services scheduled interruption of services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post.

Net Link Services will refund the customer 100% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must the sales department within 5 days of reported violation. SLA violations will be reviewed by our personnel.

*Network violation SLA credit does not cover server hardware failure.*

Performance Credit exclusions:
The following are excluded from the monthly calculation of service availability:
1. Scheduled downtime
2. Problems outside of Net Link Services network (upstream providers, or client's inbound connection) not effecting 100% loss to our network
3. Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Net Link Services is not responsible for the restoration of data to your site. We strongly recommend that you perform backup measures for your data, and keep copies of your off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Net Link Services shall not be liable for loss of data under any circumstance.