General Terms & Conditions
1. OVERVIEWThis General Terms & Conditions is entered into by and between NetLink ("NetLink Technologies Ltd.") and you, and is made effective as of the date of electronic acceptance. This general terms & conditions of your use of NetLink products and services purchased or accessed through NetLink or the NetLink website, and is in addition to any specific terms and conditions that apply to the particular Services you purchase or access through NetLink or this Site.
Your electronic acceptance of this Terms & Conditions signifies that you have read, understand, acknowledge and agree to be bound by this Terms & Conditions, along with the following policies and agreements, which are incorporated herein by reference:
The terms "we", "us" or "our" shall refer to NetLink ("NetLink Technologies Ltd."). The terms "you", "your", "user" or "customer" shall refer to any individual or entity who accepts this Terms & Conditions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
NetLink, in its sole and absolute discretion, may change or modify this Terms & Conditions, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) NetLink may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Terms & Conditions. If you do not agree to be bound by this Terms & Conditions, do not use (or continue to use) this Site or the Services found at this Site. In addition, NetLink may occasionally notify you of changes or modifications to this Terms & Conditions by email. It is therefore very important that you keep your account information, including your email address. NetLink assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. ELIGIBILITY; AUTHORITYThis Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Terms & Conditions on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Terms & Conditions, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Terms & Conditions, NetLink finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Terms & Conditions, including, but not limited to, the payment obligations. NetLink shall not be liable for any loss or damage resulting from NetLink's reliance on any instruction, notice, document or communication reasonably believed by NetLink to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, NetLink reserves the right (but undertakes no duty) to require additional authentication from you.
3. ACCOUNTS; TRANSFER OF DATA ABROADAccounts: In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to NetLink that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If NetLink has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, NetLink reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s), and shopper Secret Code. For security purposes, NetLink recommends that you change your password and shopper Secret Code at least once every six (6) months for each Account you have with NetLink. You must notify NetLink immediately of any breach of security or unauthorized use of your Account. NetLink will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss NetLink or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Transfer of Data Abroad: If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. YOUR USE OF NETLINK CONTENT AND USER CONTENTIn addition to the general rules above, the provisions in this Section 5 apply specifically to your use of NetLink Content and User Content posted to NetLink's corporate websites (i.e., those sites which NetLink directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
NetLink Content: Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("NetLink Content"), are owned by or licensed to NetLink in perpetuity, and are subject to copyright, trademark, and/or patent protection in any country, and other intellectual property rights under any country's laws. NetLink Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of NetLink. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Terms & Conditions. NetLink reserves all rights not expressly granted in and to the NetLink Content, this Site and the Services found at this Site, and this Terms & Conditions do not transfer ownership of any of these rights.
User Content: Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice, or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to NetLink that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
Security: You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any NetLink Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the NetLink Content or the User Content therein.
5. NETLINK'S USE OF USER CONTENTThe provisions in this Section 6 apply specifically to NetLink's use of User Content posted to NetLink's corporate websites (i.e., those sites which NetLink directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
1. Your User Submissions are entirely voluntary.
2. Your User Submissions do not establish a confidential relationship or obligate NetLink to treat your User Submissions as confidential or secret.
3. NetLink has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
4. NetLink may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
NetLink shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions). If you have a website hosted by NetLink or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.
However, if you post or publish your User Content to this Site, you authorize NetLink to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Terms & Conditions. Accordingly, you hereby grant NetLink a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and NetLink's (and NetLink's affiliates) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate "private" or "password protected") through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Terms & Conditions. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that NetLink may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, NetLink shall not use any User Content that has been designated "private" or "password protected" by you for the purpose of promoting this Site or NetLink's (or NetLink's affiliates) business(es).
6. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICYNetLink generally does not pre-screen User Content (whether posted to a website hosted by NetLink or posted to this Site). However, NetLink reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Terms & Conditions. NetLink may remove any item of User Content (whether posted to a website hosted by NetLink or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Terms & Conditions, or for otherwise violating this Terms & Conditions (as determined by NetLink in its sole and absolute discretion), at any time and without prior notice. NetLink may also terminate a User's access to this Site or the Services found at this Site if NetLink has reason to believe the User is a repeat offender. If NetLink terminates your access to this Site or the Services found at this Site, NetLink may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
7. ADDITIONAL RESERVATION OF RIGHTSNetLink expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by NetLink in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by NetLink in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of NetLink, its officers, directors, employees and agents, as well as NetLink's affiliates.
NetLink expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
8. NO SPAM; LIQUIDATED DAMAGESYou acknowledge you have read, understand and agree to be bound by NetLink's Anti-Spam Policy. You agree NetLink may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay NetLink liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
9. TRADEMARK AND/OR COPYRIGHT CLAIMSNetLink supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to NetLink's Trademark and/or Copyright Infringement Policy referenced above and available.
10. LINKS TO THIRD-PARTY WEBSITESThis Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by NetLink. NetLink assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, NetLink does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release NetLink from any and all liability arising from your use of any third-party website. Accordingly, NetLink encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIESYOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". NETLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NETLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND NETLINK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NETLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
12. LIMITATION OF LIABILITYIN NO EVENT SHALL NETLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NETLINK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NETLINK'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS & CONDITIONS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
13. INDEMNITYYou agree to protect, defend, indemnify and hold harmless NetLink and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorney's fees) imposed upon or incurred by NetLink directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Terms & Conditions or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
14. FEES AND PAYMENTSYou agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. NetLink expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Except as prohibited in any product-specific terms, you may pay for Services by supported payment methods.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, NETLINK WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH NETLINK AT NETLINK'S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND NETLINK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
IN ADDITION, NETLINK MAY PARTICIPATE IN "RECURRING BILLING PROGRAMS" OR "ACCOUNT UPDATER SERVICES" SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK'S PARTICIPATION). IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, NETLINK WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. NETLINK MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND NETLINK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason NetLink is unable to charge your Payment Method for the full amount owed for the Services provided, or if NetLink receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that NetLink may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. NetLink also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks NetLink may perform outside the normal scope of its Services, (ii) additional time and/or costs NetLink may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by NetLink in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by NetLink staff or by outside firms retained by NetLink; (iii) recouping any and all costs and fees, including the cost of Services, incurred by NetLink as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with NetLink.
In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and NetLink makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
In the event that your Account contains an in-store credit balance, NetLink will automatically apply any available credit balance to the next purchase in your Account whether completed by you, customer service, or our automated billing agent in connection with the processing of any and all Service renewals. You also acknowledge that funds available in your in-store credit balance will be held by NetLink and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that NetLink shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
15. UNCLAIMED PROPERTY; DORMANCY CHARGESPlease be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, then NetLink is unable to issue payment to such customer.
16. SUCCESSORS AND ASSIGNSThis Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
17. NO THIRD-PARTY BENEFICIARIESNothing in this Terms & Conditions shall be deemed to confer any third-party rights or benefits.
18. CONTACT INFORMATIONIf you have any questions about this Terms & Conditions, please contact us by email or regular mail at the following address:
Postal: GPO Post Box No : 2535, Dhaka-1000, BD.
Trademark & Copyrights
Trademark & CopyrightsNetLink Technologies Ltd. ("NetLink") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, NetLink is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.
To notify NetLink that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
A. Trademark Claims1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the Bangladesh Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country; state
registrations are not considered valid for these purposes), NetLink requests that the Complaining Party substantiate such claim by either:
(i) filling out the contact form available, or (ii) providing the following information via email to legalnetlink.asia. The words "Trademark Claim" should appear in the subject line. To be considered effective, a notification of a claimed trademark violation must include the following information:
- The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
- The jurisdiction or geographical area to which the mark applies.
- The name, post office address and telephone number of the owner of the mark identified above.
- The goods and/or services covered by or offered under the mark identified above.
- The date of first use of the mark identified above.
- The date of first use in interstate commerce of the mark identified above.
- A description of the manner in which the Complaining Party believes its mark is being infringed upon.
- Sufficient evidence that the owner of the website that is claimed to be infringing is a NetLink customer.
- The precise location of the infringing mark, including electronic mail address, etc.
- A good faith certification, signed under penalty of perjury, stating:
- The content of the website infringes the rights of another party,
- The name of such said party,
- The mark being infringed, and
- That use of the content of the website claimed to be infringing at issue is not defensible.
2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, NetLink will initiate an investigation. While NetLink is investigating the claim, NetLink, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from NetLink Website, notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, forward the Complaining Party's written notification to the posting party,and/or if it is solely stored on a NetLink server, temporarily remove or deny access to the challenged material.
3. If NetLink concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from NetLink Auctions, continue to suspend the posting party's NetLink account and/or if it is solely stored on a NetLink server, deny access to the challenged material. If NetLink concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, NetLink will restore access to the challenged material.
B. Copyright Claims1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, NetLink requests that the Complaining Party substantiate such claim by providing NetLink with the following information via email to legalnetlink.asia. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: GPO Post Box No: 2535, Dhaka-1000, Bangladesh.
To be considered effective, a notification of a claimed copyright infringement must be provided to NetLink and must include the following information:
2. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NetLink to locate the material.
5. Information reasonably sufficient to permit NetLink to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
6. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
7. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, NetLink will remove or disable access to the material that is claimed to be infringing.
If the Complaining Party provides NetLink with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit NetLink to locate and remove or disable the material in question, or includes information concerning repeat infringement, then NetLink will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
It is NetLink's policy to provide for the termination, in appropriate circumstances, of NetLink customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
If you have any question please contact us by email or regular mail at the following address:
Postal: GPO Post Box No : 2535, Dhaka-1000, BD.