Web Hosting Agreement

Terms of Service

• 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.

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.

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.

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.

Cancellations & Refunds

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. All amounts paid to NetLink IT Services for domain name registrations are also non-refundable.

Transfers Out

Should you choose to transfer your services to a different provider, your accounts with NetLink 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.