TERMS OF SERVICE
Acknowledgment and Acceptance
MetroLink Technologies or metrolinkusa.com (hereafter referred to as "Provider") shall provide electronic services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at metrolinkusa.com. This TOS shall be binding on both Provider and Client and shall include but not be restricted to services ("Service") for graphic and file hosting. In this TOS, "we," "our" and "us" means Provider and "you" or "their" means Client. Provider reserves the right to refuse Service to any individual or organization, for any legal, moral or ethical reasons.


Description of Services
Provider will give Client the ability to store Web pages, data, and files that shall be accessible via the Internet and World Wide Web and be considered to be Hosted by Provider.   While Provider shall make every reasonable effort to protect Client's pages, data and files stored using the Service, Provider is not responsible for theft, loss of, or damage to them.  Client is solely responsible for maintaining backups of their own pages, data and files, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client.

The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures.

Disclaimer of Warranties
Provider makes no Warranties, representations, or assurances that Client or anyone else's equipment will be compatible with the Service.  Client expressly agrees that use of the Service is at Client's sole risk.  The Service is provided on an "AS IS, AS AVAILABLE" basis.  Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied Warranties of merchantability, fitness for a particular purpose or use and non-infringement. Provider makes no Warranty that the service will meet Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may be obtained from the use of the Service or as to the accuracy of reliability of any information obtained through the Service or that defects in the software will be corrected.
Client understands and agrees that any Web pages, data, or files downloaded or uploaded for storage through the use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of Service. No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create any Warranty not expressly made herein.

Provider makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.


Privacy Policy
The policy of Provider is to respect the privacy of its Clients, as well as the privacy of all those conducting business through use of the Service. However, unless expressly stated and identified, communications by and between Provider, Client, and third parties, cannot be considered completely private, and no Warranties about their privacy are thus made by the Provider.

Client grants Provider the right to disclose to third-parties certain information about the Client and Service in the aggregate; however, such disclosures will exclude Client's name, mailing address, e-mail address, account and phone number, unless: (1) Client directs Provider in writing to disclose such information and/or (2) Provider is required to disclose such information by any applicable law or legal process served on Provider. Client acknowledges and agrees that Provider does not endorse the contents of any Client communications or use of the Service and specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising there from or any crime facilitated thereby. 

Client acknowledges and agrees that certain technical processing of communications and their content may be required to: (1) communicate with Clients of Provider; (2) conform to connecting networks technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. Provider may at times monitor the use of Service by and between Clients and third parties.


Pricing Policies
All accounts are setup on a pre-pay basis.  Provider reserves the right to change prices at any time and prices are guaranteed for the term of pre-payment.  Any account not brought current within a week (7 days) of Email notice is subject to suspension.  If the account is not brought current within a further seven (7) days then all services will be canceled and any Agreements deemed to be terminated.  Client agrees they are responsible for keeping their account up-to date and for all money owed on the account from the time it was established to the time that Client notifies Provider with a written request for termination of Service.  All payment is in United States currency.

All Fees shall be collected through PayPal(R) or CCBill. The Plans described on metrolinkusa.com are on a subscription basis. The Subscription through PayPal(R)or CCBill and these list of terms will constitute the agreement between Provider and Client. 

 

Additional Fees
All Fees shall be collected through PayPal(R). The Plans described on metrolinkusa.com are on a subscription basis. The Subscription through PayPal(R) or CCBill, and these list of terms will constitute the agreement between Provider and Client. 
 

Account Reactivation - If your account was suspended due to non-payment of fees, there will be a $25.00 account reactivation fee due in addition to all other fees owed before reactivation. Upgrades or downgrades - There is no charge to upgrade or downgrade your account at this time. 

 Custom Plan Clients - Insufficient Funds Charge - There is a $35.00 fee for each check returned marked insufficient funds. Credit Card Charge Back - There is a $25.00 charge for any charge back that occurs on a legitimate transaction with metrolinkusa.com. 
 

Additional Disk Space - If you need additional disk space for your site, you can upgrade your plan free of charge or purchase additional megs at $5.00 per 5 meg (per month). The Client can upgrade at any time with out penalty by emailing the request to sales@metrolinkusa.com

Extra Bandwidth/Data Transfers Charges - Bandwidth overage charges will be billed at the end of the month for accounts that exceed their plan's bandwidth allocation. You will be notified automatically when you near your plan's bandwidth limit. Excess bandwidth is billed at $10.00 per any part of 500 Megs (0.5 Gigabyte) per month. You may pre-pay for for extra bandwidth at the reduced price of $10.00/Gig.
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Data Transfer Limit for Hosting Plans

Domain Name Change/Additions - Each domain name change will have a charge of  $15.00 Each additional domain name you want to register and "park" or point towards your existing domain will be $15 each for one year. Script Installation - If you have a cgi, perl, php, etc, script you would like us to install for you, there is a $25 charge per installation.  Each domain comes with their own CGI-Bin and the user may install the scripts themselves, provided the installation does not violate any copyright or intellectual property laws.

Cancellation
Provider reserves the right to suspend or cancel at any time Client access to Service for any reason. If Provider institutes its right of cancellation then all fees paid in advance of cancellation will be pro-rated and paid by Provider if Client has not used services for Illegal, immoral or unethical purposes as stated elsewhere in this TOS.  Client may request the cancellation of their account at any time. All fees paid are non-refundable. Cancellation requests must be received 72 hours (3 days) before the end of the next billing period to avoid being charged further.  All Subscriptions with PayPal(R) must be cancelled by the Client through their PayPal(R) account.  All files will be deleted within 72 hours (3 days) of the day of cancellation.All Subscriptions with CCBill must be cancelled by the Client through their CCBill account.  Metrolink Provides a CCBill cancellation button for your convenience. All files will be deleted within 72 hours (3 days) of the day of cancellation.  We value you as a Client and hope your hosting experience with us was pleasant.  If the opportunity presents itself, we hope you will choose us again in the future.

Termination of Service
If it is discovered and proven to our satisfaction that our services are being used for an illegal, immoral or unethical purposes, all services shall be immediately terminated.  All fees and/or advance payments shall be deemed forfeited and non-refundable.  Illegal purpose shall include but not be restricted to, all applicable local, state and federal laws of the United States and international laws and regulations. Immoral or unethical purposes are at the sole discretion of the Provider, and Client agrees that the Provider's determination is final, whether based on personal opinion or fact.  Termination shall be accompanied by written notice to the Client.  Under certain circumstances described in this TOS, Provider may terminate Service with or without notice.  Provider shall not be liable to Client or any third party for termination of  Service.  Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.


Not Allowed
Service will not be used for any of the following: Illegal activities or materials, including but not limited to materials
that may violate another's intellectual property rights Promoting pornographic, sexually explicit, violent, lewd or obscene materials Anything that constitutes promotion of SPAM, Warez, or Hacker related Pirated software, MP3s, IRC Bots, Attempts to undermine or cause harm to other Clients of Provider, including using an extreme amount of bandwidth, whether intentional or not Any hate related material Any other reason that is deemed by Provider to be unsuitable.

Indemnification
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims, actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity.  Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.

Governing Law
This TOS shall be governed by and construed in accordance with the laws of the State of Arizona, United States.  Client and Provider agree to submit any legal action involving any disputes of this TOS to the exclusive jurisdiction of the courts of the City of  Tempe, County of Maricopa, in the State of Arizona, United States of America.  Venue shall be established in the City of  Tempe, County of Maricopa, in the State of Arizona, United States of America.  If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties. Provider's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Provider in writing.

Limited Liability
Client is solely responsible for the contents of its transmissions and communications through the Service.  Client's use of the Service is subject to all applicable local, state, and federal laws of the United States and international laws and regulations.

Client agrees that any and all use of Service is at the Client's sole risk.  Provider does not warrant that the Service will be error free or uninterrupted.  No claims or guarantees are made by Provider as to the accuracy or reliability of Service unless otherwise expressly stated in this TOS.

Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of Service.

Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of Agreement for Service and any reasonable attorney's fee and court costs.


Entire Understanding
This TOS constitutes the sole agreement between Provider and Client with respect to the subject matter hereof and shall be attached to any Agreement for Service.  All accounts are setup on a pre-pay basis.  Provider reserves the right to change prices at any time and prices are guaranteed for the term of pre- payment. Any account not brought current within a week (7 days) of Email notice is subject to suspension.  If the account is not brought current within a further seven (7) days then all services will be canceled and any Agreements deemed to be terminated.  Client agrees they are responsible for keeping their account up-to date and for all money owed on the account from the time it was established to the time that Client notifies Provider with a written request for termination of Service.  All payment is in United States currency.

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MetroLink Communications
Copyright © 2008 MetroLink Communications All rights reserved. Intellectual property, graphics, and Content may not be copied, reproduced, digitally or otherwise in any manner  without the written consent of one of MetroLink Communications officers. All Clients are subject to the Terms Of Service.