Direclynx,
Inc. (Direclynx.net) User's Policy
Terms of agreement are as follows:
1. The use of Direclynx, Inc., (Direclynx.net) is expressly limited to the individual or business entity whose name appears at the top of this contract.
2. The Client agrees to use this service in a manner consistent with all applicable laws and regulations of the state of Arkansas, the United States of America and all agencies thereof.
3. Client agrees to follow the Acceptable Use Policy of any network accessed pursuant to this contract whether now in existence or added subsequent to the date hereof, including, but, not limited to Direclynx, Inc.’s system. Client assumes responsibility for determining and following the acceptable use policy of all networks.
4. Client is responsible for the use of Client’s account and the confidentiality of passwords and information pertaining to Client’s account. Direclynx, Inc., upon notification from Client shall, within a reasonable time, suspend or change access for Client, which is expected to not exceed 7 days.
5. Client agrees to pay any and all charges related to the use of Client’s account in accordance with this contract. Billing shall be done by Direclynx, Inc., on a monthly basis via E-mail (unless otherwise requested, a fee is accessed for paper-billing service) and payable by Client within 15 days of the billing statement date unless other arrangements are made between the two parties.
6. Direclynx, Inc. reserves the right, in its sole discretion, to suspend Client‘s access for any reason 15 days after sending a written notice to clients last known address.
7. Any activity by Client that is deemed harmful to the Direclynx, Inc. system by Direclynx, Inc. shall be grounds for immediate termination of this contract. Running server side applications are prohibited.
8. Direclynx, Inc.’s service is provided on an “As Is, As Available Basis”. No warranties, expressed or implied, including, but not by way of limitation, those of merchantability or fitness for a particular purpose, are made with respect to Direclynx, Inc. or any software distributed by or used on the Direclynx, Inc. system. This expressly includes reimbursement for losses of income due to disruption of service or for any other reason by Direclynx, Inc. or its provider other than -the fees paid by Client to Direclynx, Inc. for services.
b. This expressly excludes any liability on the part of Direclynx, Inc. for reimbursement, for losses of income due to disruption of service or for any other reason by Direclynx, Inc. or its provider other than the fees for any time service was unavailable.
9. Client agrees to indemnify and hold harmless Direclynx, Inc. for any damage arising from Client’s use of Direclynx, Inc. or by Client’s inability to use the services provider supplies.
10. While Direclynx, Inc. makes every reasonable effort to backup and protect data for Client on a regular basis; Client is responsible for independent backup of data stored on Direclynx, Inc. Client agrees that any material submitted for publication on Direclynx, Inc. Through Client’s account, will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous, and Client will indemnify and hold harmless for any such violation or infringement.
11. Due to the public nature of the Internet, all information should be considered accessible to the public. Provider is not responsible for protection or privacy of electronic mail or any information transferred through Direclynx, Inc.
12. The laws of the State of Arkansas, USA, shall govern this agreement. The parties agree that any dispute regarding this contract shall be determined by a court competent jurisdiction within the state of Arkansas.
13. In the event that it is necessary to refer any dispute to any attorney or resolve it in a court of law, the prevailing party shall be entitled to an award of reasonable attorney’s fees and all costs associated with any legal action, whether or not suit is actually filed.
14. Direclynx, Inc. may modify the terms and conditions of this upon 30 days notice to Client. The use of Direclynx, Inc.’s services after such time constitute acceptance of the modifications.
15. If provider fails to provide services in a reasonable manner, Client may cancel this agreement by 30 days prior written notice.
16. Waiver of any section of this contract does not waive any other section of this contract by Direclynx, Inc. or Client, or if any one or more section(s) is found to be unenforceable or invalid, such shall not effect the remainder of this agreement.
17. Client acknowledges that Direclynx, Inc. uses all reasonable efforts to block the Internet from harmful, vulgar, and offensive materials, Direclynx, Inc., doesn’t control the Internet and occasionally such material may be accessible. Client agrees that Direclynx, Inc. shall not be liable to Client or others for the accessibility of such materials or for damages that may arise therefrom, but rather Client specifically assumes the risk of any such disclosure. The blocking policies of Direclynx, Inc. have been thoroughly explained to Client. The Client understands that while blocking the Internet they do not control the Internet.
|