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This Agreement is between Kurt Electronics, Inc. ("Lynk360") and you ("you" or "Customer"), as an authorized user of Lynk360, and governs the terms and conditions of your use of Lynk360 ("Lynk360" or "the Service"). This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Lynk360 (collectively, the "Agreement"), constitutes the entire agreement between Lynk360 and you regarding Lynk360, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Lynk360 related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Lynk360" or "Services" are defined as any and all services provided by Lynk360 to you either now or in the future. By using Lynk360, you confirm your acceptance of, and agree to be bound by, this Agreement.
Description of Service
Lynk360 is in the business of providing Internet-based data storage and transfer resources. It is our goal to provide you with the best access possible to data storage and transfer resources available through the Internet. Our business depends upon it and Lynk360 is strongly motivated to achieve success. We want you to have the best possible experience in dealing with Lynk360 and using Lynk360's services.
Lynk360 offers Services at its website, www.Lynk360.com.
Free Trial Usage; Fair Use Policy
Lynk360 provides a free trial as an accommodation to you. If you exceed the bandwidth or storage limits of your plan while on your free trial or if you exceed 10 gigabytes of total storage or 10 gigagbytes of total bandwidth use, whichever is more restrictive, Lynk360 reserves the right to terminate your free trial before the specified end date or require you to switch to a paid plan to continue usage of the account. Additionally, if you or your company has previously created a free trial, you may be required to convert your free trial to a paid account or your free trial account may be canceled. Finally, if Lynk360 determines that you are using your free trial for a non-business purpose or in a potentially illegal or unethical way, your free trial may be terminated without notice. Lynk360 also reserves the right to terminate your free trial for other reasons not outlined above, at the discretion of the company.
You will have the option to subscribe for additional services that Lynk360 offers as described on the Lynk360 Website, all subject to the terms of this Agreement or another agreement specific to those additional services.
Incomplete Signup E-mails
If you begin the sign up process for Lynk360 but fail to complete the process, Lynk360 may contact you in an effort to help successfully guide you through this process. You hereby authorize Lynk360 to make such contact, even if you ultimately determine not to sign up for Lynk360.
Lynk360 grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Lynk360 to you are retained.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without Lynk360's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
Third Party Interaction
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Lynk360 shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Links to Third Party Sites Lynk360 does not endorse any sites on the Internet that are linked through the Service. Lynk360 is providing these links to you only as a matter of convenience, and in no event shall Lynk360 be responsible for any content, products, or other materials on or available from such sites.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Lynk360. To open a user account, you or your company must complete the registration process by providing Lynk360 with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Lynk360 suspect that such information is untrue, inaccurate, not current or incomplete, Lynk360 has the right to suspend or terminate your usage of the Service. Lynk360 will provide you with an initial username and password for system access. Users can choose a personal, non-transferable password after logging into the system. User accounts cannot be "shared" or used by more than one individual. An Admin user belonging to a "Business Account" plan is responsible for adding and removing user accounts and setting privileges within their Business Account.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Lynk360 immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Lynk360 shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Lynk360, or any transactions entered into through the Service or failure to abide by this Agreement.
Account Information and Data
Lynk360 does not own any data, information or material that you submit to the Service or store in your account ("Data").
Lynk360 will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Lynk360 may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Lynk360, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Lynk360 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Payment of Fees
Lynk360 offers its Service, as described on the Lynk360 website (www.Lynk360.com) and as published within the Service, for monthly, quarterly, or annual fees (the "Fees") which you will pay to
Lynk360 by authorized credit card or by check. The Fees applicable for the Service are available at www.Lynk360.com and as published within the Service. Lynk360 reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail). Your authorized credit card will automatically be charged Fees on the 1st of the month, or the expiration of the initial trial period, if any, whichever is earlier. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on or about the 1st of the month. In the event you cancel the Service, Lynk360 will not refund any Fees already paid by you.
Your Lynk360 account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than 30 days. Lynk360 may impose a charge to restore archived data from delinquent accounts. If you believe Lynk360 has billed you incorrectly, you must contact Lynk360 no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Lynk360's Customer Support department via email(support@Lynk360.com) or through our website support link http://www.Lynk360.com/support/. Lynk360 may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Lynk360 thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection. Please remember that Lynk360 bills you immediately for the extra features you order. You will initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra features after your card has been billed for the month, you will not be reimbursed for the days you did not use the features.
Trial Offers, Coupons, Credits and Special Offers
Lynk360 reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with Lynk360 entitles subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by Lynk360. At the end of the trial You will be billed a pro-rated amount for the number of days left in the month. Thereafter you will be billed the normal amount on the 1st of each month. If you wish to terminate the trial and do not wish to subscribe to a plan, You must cancel before the end of your trial period. You may cancel in the support screen or at www.Lynk360.com/cancel.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service. Lynk360 has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Lynk360 reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Lynk360, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Lynk360 at any time; however, you will not receive a refund of any portion of your fees paid to Lynk360. Upon termination by Lynk360 or at your direction, you may request a file of your Data, which Lynk360 will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Lynk360 shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Lynk360 or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Lynk360 and/or other Lynk360 products and services referenced herein are either trademarks or registered trademarks of Lynk360.
You shall indemnify and hold Lynk360 and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties
Lynk360 MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Lynk360 DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Lynk360.
Limitation of Liability
IN NO EVENT SHALL Lynk360'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Lynk360 BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF Lynk360 HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
Lynk360 controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Lynk360 makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Terms
Lynk360 reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement will be governed by Delaware law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Raleigh, Delaware. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Lynk360 as a result of this agreement or use of the Service. The failure of Lynk360 to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lynk360 in writing. Lynk360 has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Lynk360 and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
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