This Dreamlink Web Hosting Terms of Service (this "Agreement")
and the Dreamlink Web Hosting Acceptable Use Policy ("AUP")
govern your purchase and use of all Dreamlink Web Hosting
services (collectively, the "Services"), as described in the
Order Form(s) submitted by you and accepted by Dreamlink Web
Hosting (“Service Order”). Acceptance of any terms or
conditions different from those contained herein by
Dreamlink Web Hosting will not be deemed by provision of
service, but only by electronic or written signature of an
officer of Dreamlink Web Hosting. You must register and
accept the terms of this Agreement and the AUP
in order to use the Services. BY REGISTERING FOR AND USING
THE SERVICES, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF
THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE
AUP (acceptable
usage policy). Dreamlink
Web Hosting may modify any of the terms and conditions
contained in this Agreement and the AUP, at any time, in its
sole discretion. Any modifications are effective upon
posting of the revisions on the Dreamlink Web Hosting web
site (the "Site"). Your continued use of the Services
following Dreamlink Web Hosting posting of any modifications
constitutes your acceptance of the modifications. If you do
not agree to the terms of any modification, do not continue
to use the services and immediately notify Dreamlink Web
Hosting of your termination of this Agreement in the manner
described in the section below.
All services provided by
Dreamlink Web Hosting can be
used for lawful purposes only. Transmission, storage or
presentation of any information, data or material in violation
of any United States federal, state or city law is prohibited.
This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material
protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Dreamlink Web Hosting from any
claims resulting from the use of service which damages the
subscriber or any other party.
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2. Term and Payment for Services |
Term: This Agreement will be for an initial “Term“ of 1 month
, 12 months or 24 months from the date the Services
are first provided by Dreamlink Web Hosting. This
Agreement will be automatically renewed (the "Renewal Term")
at the end of the Initial Term or any Renewal Term for a
period of 1 month or 12 months or 24 months unless you
provide Dreamlink Web Hosting with notice of termination at
least ten (10) days before the end of the Initial
Term or Renewal Term (also referred to interchangeably and
collectively as “Term”), whichever is then applicable. To
provide your notice of termination you can
refer to the Cancellation section below.
If you provide
us your credit card information, you authorize
Dreamlink Web Hosting to automatically charge your credit or debit card
for charges that apply to your account.
You are responsible for
directly updating, or notifying Dreamlink Web Hosting, of any changes to
your credit card (including, but not limited to, card number,
expiration date, billing address, or card status). The accounts which are not paid
within 15 days after the end
of billing cycle, will be
suspended with or without advice. You can change your Term cycle
at any time;
the new Term will take effect at the
time of the next "Renewal Term". You can upgrade or
downgrade your account at any time; if you are downgrading
there is no refund for unused periods if you have a 12
months or 24 months renewal term.
All prices are in US Dollars. Payments are to be made in US
dollars. You authorize Dreamlink Web Hosting to charge
your credit or debit card to pay for any charges that may
apply to your account.
You will immediately pay, upon receiving an electronic
invoice from Dreamlink Web Hosting, all charges for your use
of the Services at the then current Dreamlink Web Hosting
prices for that category of service or any special offer
applicable to your account as determined by Dreamlink Web
Hosting. You are responsible for paying all federal, state,
and local sales, use, value added, excise duty and any other
taxes assessed with respect to the Services, other than
taxes based on Dreamlink Web Hosting net income. If you default
on any of your obligations under this Agreement and
Dreamlink Web Hosting must engage a collections effort to
collect past due sums associated with your use of Services,
you are responsible for all costs of collection of all
amounts owed under this Agreement, including reasonable
attorney’s fees of Dreamlink Web Hosting.
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Cancellations Dreamlink
Web Hosting services will automatically renew until a plan is
cancelled. In order to cancel service, you must contact our
Billing
Dept. Monday through Friday. Cancellation requests must be received by Dreamlink.Net
Web Hosting Billing Dept. at least ten (10) days before the end of your Billing Cycle.
The Dreamlink Billing Dept. will help you with
the cancellation process . You will receive a confirmation
via email with your Account Cancellation Ticket
Number . Your account will be cancelled at the end of
your billing cycle. If you do not receive an email confirmation, please
contact our Billing Dept. as soon as possible and provide them
your cancellation Ticket Number .
Dreamlink web hosting does not control and automatically cancel
hosting
plans for problems related to domain name transfers,
non-usage, Internic, your ISP, or any other secondary issues
not directly related to Dreamlink services.
All Dreamlink Web Hosting Hosting plans carries a 30-days money back
guarantee. If you are not satisfied with our services within the first
30 days, you will be given a full refund of the fees paid . The
following services do not qualify for the 30 Days Money Back Guarantee:
- additional items or services
- domain name registration
- dedicated servers
- items and services ordered through the reseller program
Refunds are available in accordance with the 30 Days Money
Back Guarantee. Refunds will be provided in the same payment
method as the original payment. There are no refunds after
30 days. All overcharges or billing disputes must be
reported within 60 days of the time that the dispute
occurred.
Dreamlink Web Hosting may
temporarily deny service or terminate this Agreement upon
the failure of Subscriber to pay charges when due.
Services. The AUP is posted on the site at
http://www.dreamlink.net/ab/auw.php (or such other location as Dreamlink
Web Hosting may specify) and may be updated from time to time. BY USING
THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY
MODIFICATIONS TO THE TERMS. DREAMLINK WEB HOSTING MAY TERMINATE YOUR
ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
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7.
Disclosure to Law Enforcement |
The AUP specifically prohibits the use of our service for
illegal activities. Therefore, customers agrees that the
Dreamlink Web Hosting may disclose any and all Subscriber
information, including assigned IP addresses, account
history, account use, etc. to any law enforcement agency who
makes a written request without further consent or
notification to the Subscriber. In addition Dreamlink Web
Hosting shall have the right to terminate all service if
requested to do so as a result of any action of any law
enforcement or government agency.
Resellers are completely and entirely responsible for the
conduct of their customers and by agreeing with this
AUP,
Resellers agree that their customers will adhere to the
AUP.
Resellers have an obligation under this Agreement to make
their current and prospective customers aware of the
AUP and
the consequences of violation of same.
Dreamlink Web Hosting may provide you with access
to other third party software and/or services ("Third Party
Products") through relationships that Dreamlink Web
Hosting has established with certain commercial vendors. CUSTOMER
EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY
PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY
PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND FROM Dreamlink Web Hosting OR ANY THIRD
PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF
RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Dreamlink Web
Hosting NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY
RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR
CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY
THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF
ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT
FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY
LIABLE TO THIRD PARTY VENDORS AND Dreamlink Web Hosting WITH
RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR
VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE
END USER SUBSCRIBER AGREEMENTS.
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10. Disclaimed Warranties |
Dreamlink Web Hosting exercises no control over, and accepts
no responsibility for, the content of the information
passing through Dreamlink Web Hosting host computers,
network hubs and points of presence, or the Internet. USE OF
THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED
THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER
THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY
AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE
BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
Dreamlink Web Hosting DOES NOT MAKE AND DISCLAIMS, AND YOU
WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM
COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
Dreamlink Web Hosting DOES NOT WARRANT THAT THE SERVICES
WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
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11. Limitation and Exclusion of
Liability |
IN NO EVENT WILL Dreamlink Web Hosting OR ITS
SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED
OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER Dreamlink Web
Hosting NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT
TO Dreamlink Web Hosting' OBLIGATIONS UNDER THIS AGREEMENT,
OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Dreamlink Web
Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES. THE LIABILITY OF Dreamlink Web Hosting AND ITS
SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION
IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO Dreamlink Web
Hosting UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY Dreamlink Web
Hosting UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO
BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU
RELEASE Dreamlink Web Hosting AND ITS SUPPLIERS FROM ANY AND
ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE
LIMITATION STATED IN THIS SECTION.
In agreeing to the Dreamlink Web Hosting
AUP and
this Agreement, you agree to indemnify, defend and hold
harmless Dreamlink Web Hosting, its employees, officers,
directors, partners, representatives and affiliates, for any
violation by you or your customers of the AUP or this
Agreement that results either in (a) any cost, expense,
damage or loss to Dreamlink Web Hosting, or (b) the bringing
of any claim against Dreamlink Web Hosting by any
third-party, and all costs, expenses, damages, and losses
associated therewith. For example, if Dreamlink Web Hosting
is sued because of your or your customer's activity related
to the Services, you will pay any damages awarded against
Dreamlink Web Hosting, its employees, directors, partners,
representatives and affiliates, in addition to all costs and
attorney's fees.
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13. Interruption of Service
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Dreamlink Web Hosting and its suppliers are not liable for
any temporary delay, outages or interruptions of the
Services. Further, Dreamlink Web Hosting is not liable for
any delay or failure to perform its obligations under this
Agreement, where the delay or failure results from any “act
of God” or other cause beyond its reasonable control
(including any mechanical, electronic, communications or
third-party supplier failure).
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