This service agreement has been put together to provide you with a complete and comprehensive set of policies that bind us as the hosting services provider, and you, our customer.

Website Hosting and Domain Name Registration Services

Index:

• Hosted Content
• Customer Responsibility
• Payment
• Cancellation
• Domain Name Registration
• Transfers Out

• This service agreement is between NetLink IT Services (hereinafter "NetLink," "we," "our," or "us") and you, our customer (hereinafter "Customer," "you" or "your").
• NetLink, as your web hosting service provider, will supply Customer with a shared web hosting solution. For all accounts this solution will, at the very least, provide you with the selected amount of server or disk space to upload your website and an allocated amount of bandwidth transfer to allow for website connectivity. As your web hosting provider, we will make available various services and software for maintaining your website, as indicated on our website.
• Upon paying for and using the hosting services provided by NetLink, Customer indicates his/her agreement to the following terms and conditions, as outlined below. The use and or payment for services provided by NetLink constitute an agreement with these terms and conditions. If you do not agree with any of these policies, please contact us immediately.
• Use of our services requires Customer to be at least 18 years old.
• NetLink requires that Customer information, as listed on the account signup form, is a complete and accurate representation of Customer contact details. Customer must be a valid representative of the entity or organization listed on our signup form.
• This agreement supersedes any other oral agreement between NetLink and Customer.
• Any of the terms, prices or services offered can be modified or updated with prior online or email notification.

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Hosted Content

All services provided by us may be used only for lawful purposes. The laws of the Republic of Ireland and the European Union apply.

The customer agrees to indemnify and hold us harmless from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, literature, photographs, or any other copyrighted work. The offer of sale of any counterfeit trademarked merchandise will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@netlink.ie, including relevant information.

Examples of unacceptable material on all shared and reseller servers include:

IRC Bots, Proxy Scripts and Anonymizers, filedump, mirror, or banner-ad services (similar to rapidshare, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), muds / rpg's.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup per account.

Examples of unacceptable material on all servers include:

Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to e-mail from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/e-mail and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@netlink.ie and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Authorities will be notified in the case of suspected hosting of child pornography.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. Accounts may be monitored for further infractions.

Direct customers: Your services will be terminated with or without notice.

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Customer Responsibility

• Under this Web Hosting Agreement, Customer is responsible for uploading website files and/or providing and setting up any website content. We are not responsible for modifying or updating website material unless there is a separate agreement for this in place.
• Customer is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the customer.
• While we will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
• You are responsible for updating and maintaining their contact information with us. Any changes to the customer contact information must be provided to us by mail, email or updated through the control panel if you were provided with one. You are responsible for ensuring that we are able to notify the you for technical, billing or other issues or purposes deemed necessary by us to maintain the account.
• It is your responsibility to ensure that scripts/programs installed under their account are secure and permissions of directories are set properly, regardless of installation method.
• When at all possible, permissions on most directories should be set to 755 or as restrictive as possible.
• You are ultimately responsible for all actions taken under your 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.

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Payment

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing or via cancellation form if provided. Once we receive your cancellation notice and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically e-mail) that your account has been canceled. Your cancellation confirmation will contain a tracking number in the subject for your reference, and for verification purposes. If you do not hear back from us, or do not receive the confirmation email within 48 hours after submitting your cancellation, please contact us immediately via phone. It may be required that cancellations of services are done through the online form to confirm your identity; confirm in writing you are prepared for all files and/or e-mails to be permanently removed; and document the request. This process reduces the likelyhood of mistakes, fraudulent or malicious requests, and ensures you are aware that the files, e-mails, and account may be removed immediately after a cancellation request is processed.

As a client of ours, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. We provide a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid may result in a €20.00 EUR late fee and/or an account suspension until the account balance has been paid in full. There is also a re-activation fee of €50.00 EUR for suspended accounts.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision, please contact sales@netlink.ie

We reserve the right to change the monthly service fees and any other charges at any time.

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Cancellation

We reserve the right to cancel web hosting services at any time. In this event you will be entitled to a pro rata refund based upon the remaining period of hosting. If a customer contravenes our terms of service, a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. In addition, some accounts incur set-up fees; these charges are non-refundable.

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Domain Name Registration

We offer comprehensive domain name registration and acquisition services. To faciliate this, we have agreements with a number of domain name registries and registrars.

All domain names that are registered through our services are subject to these terms of service, as well as the rules and regulations of the respective registry and any contractual obligations that may exist between the registrant and the registrar where the registrar is not NetLink IT Services.

The registration of the international domain name extensions (.com/.net/.org/.info/.biz) are governed by the ICANN (Internet Corporation for Assigned Names and Numbers) UDRP (Uniform Domain-Name Dispute-Resolution Policy).

.IE domain name registrations are subject to the rules and regulations governing registrations as defined by the IEDR. Domain name disputes are governed by the IE Dispute Resolution Policy (IEDRP).

Below are links to registrars and registries that may have additional contractual requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions provided by these registries:

• .UK Nominet terms and conditions
• .DE DENIC-Domainbedingungen (English translation)
• .EU EURid terms and policies
• .AT NIC.at terms and conditions
• .IT NIC.it legal information
• .IT NIC.it legal information
• .COM/.NET/.ORG/.INFO Enom registration agreement

If registering domain names with extensions not listed here, please contact us for details and to receive a copy of the terms relevant to the appropriate domain name extension.

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Transfers Out

Should you choose to transfer your services to a different provider, your accounts with us must be settled in full before we will remove the registrar lock on your domain. With an active registrar lock, it will not be possible to transfer your domain name to any other registrar.

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We are committed to protecting the private information of our customers. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. Our purpose in retaining personal information you give us is solely to help provide you with an efficient service.

Disclosure

We will not pass your information on to third parties without your consent unless certain information is required by our partners to fulfil your order (e.g. domain name registration, SSL certificates, and software licenses; in these circumstances, our partners will have similar privacy policies to protect your data). Precautions are taken to prevent data theft.

Please note that in the process of registering a domain name, some personal information must be passed on to the relevant domain registries, which may store and publish information such as name, address, phone numbers and e-mail addresses relating to the domain registration. In most cases, this information will be freely available to third parties over the Internet. Unfortunately, there is a potential for misuse of this publicly available information. In some cases, however, there are solutions to this problem, and we would be more than happy to discuss these with you. If you are concerned about this or if you would like more information, please contact us.

Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your personal data, and in accordance with our obligations under the Irish Data Protection Acts 1988 and 2002, we will update or delete your personal data accordingly. To find out what personal data we have stored on you or to have your personal data updated, amended or removed, please contact us.

Law Enforcement

We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about users upon valid request by authorities as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.

We are committed to providing a reliable, high-quality service to support our customers. Providing you with consistent access to your data is a high priority for us and is part of the reason we make commitments in the form of Service Level Agreements (SLAs) that provide certain rights and remedies regarding the availability and performance of our network.

Linux Hosting

1. Coverage and Definitions

This Service Level Agreement (SLA) applies to you ("Customer") if you have ordered Linux hosting services from NetLink IT Services (the "Services") and your account is current (not past due) with NetLink IT Services (hereinafter "we," "our," or "us"). As used herein, the term "Website Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of Customer’s Website is available for access by third parties via HTTP and HTTPS, as measured by us, our partners or affiliates.

2. Service Level

We guarantees a monthly uptime of 99.8% for all customers with a shared Linux hosting account. If the service availability falls below this percentage in any given month, we will credit the Customer’s account with 10% of their net annual hosting charges. Credit refunds are subject to sections 3 and 4 below.

3. Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Website Availability caused by or associated with:

1. circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. scheduled maintenance and emergency maintenance upgrades;
3. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by Customer), including, without limitation, custom scripting or coding (e.g., CGI, PHP, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Terms of Service and Acceptable Use Policy;
4. outages elsewhere on the Internet that hinder access to your account. We are not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. We will guarantee only those areas considered under the control of us.

4. Credit Requests and Payment

To receive credit for a shared Linux hosting account, the Customer must make a request by sending an e-mail through our ticket system. The e-mail message MUST include the domain name of the Customer’s account in the "Subject" line. Each request in connection with this SLA must include the Customer’s account number (per customer invoice) and the dates and times of the unavailability of the Customer’s Website and must be received by us within ten (10) business days after the Customer’s Website was not available. If the unavailability is confirmed by us, credits will be applied within two billing cycles after receipt of the Customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month or year under this SLA shall not exceed the total hosting fee paid by Customer for such month or year for the affected Services. Credits are exclusive of any applicable taxes charged to Customer or collected by us and are Customer’s sole and exclusive remedy with respect to any failure or deficiency in the Website Availability of Customer’s Website.

NetLink IT Services has a zero-tolerance spam policy. Any accounts found to be involved with spamming activities may be suspended immediately, pending investigation.

We do our best to prevent and filter incoming spam. Spam is reported, and users, email addresses, and domain names may become blocked from our servers if found to be involved in spamming.

The following are some examples of spamming that may violate the Terms of Service and our Spam Policy:

• Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through our computer systems.
• Relaying email from a third party’s mail servers without the prior permission of that third party.
• Using (or causing to be used) our computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail", "chain letters", "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
• Using "robots" or other methods to harvest email addresses through any of our systems or any websites hosted by us for purposes of sending unsolicited or unauthorized material.

Occasionally, NETLINK IT SERVICES may offer Google AdWords vouchers/coupons to new and/or existing clients.

The following terms apply in respect of these offers:

• Coupons can be redeemed only on Google AdWords accounts that 14 days old or less
  (new AdWords customers only).
• Coupons may only be used for accounts registered in the UK or Ireland.
• Only one coupon may be redeemed per client, subject to the Google AdWords Program standard terms and conditions.
• Coupons cannot be traded for cash or other commodities.
• Coupons are subject to availability and a first come, first served basis.