LinkSky Value Host AUP (Acceptable Use Policy)
LinkSky Hosting's Acceptable Use Policy (AUP) is provided to give our customers and users a clear understanding of what LinkSky Value Host expects of them while using the service. All users of LinkSky Value Host's internet services, both those who access our Services but do not have accounts, as well as those who pay a fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of LinkSky Hosting Service constitutes acceptance and agreement to LinkSky Value Host's AUP as well as LinkSky Value Host's TOS (Terms of Service).
The following applies to LinkSky members who have purchased, registered for (e.g. a trial version), or participate in any level of service of any LinkSky hosting account including, but not limited to the following:
LinkSky Standard Feature
LinkSky Extended Feature
LinkSky Value Host supports the uncensored flow of information and ideas over the Internet and does not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, blog posts, galleries, or other material created or accessible over or through LinkSky hosted services. However, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. LinkSky Value Host may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the immediate suspension or termination of your LinkSky hosting account.
This document is intended to provide a basic understanding of LinkSky Value Host's Acceptable Use Policy. Listed below are guidelines for the establishment and enforcement of LinkSky Value Host's AUP. It is our policy to:
• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users
While the LinkSky Value Host is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both LinkSky Value Host and the Internet and cannot be permitted under the guise of free speech. The resources of the LinkSky Value Host and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and for the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
In summary, LinkSky Value Host does not allow:
1) Sites that are in the business of distributing large amounts of data for download. Examples are as follows: warez, spamware, shareware, freeware, repositories of stock photography, large amounts of music and video files, etc. Our servers are NOT to be used for the mass distribution of software.
2) Sites involved with unsolicited mailings of any kind (a.k.a. spam). This refers to hosting accounts that are used to send spam, and/or accounts that support sites advertised via unsolicited email from other servers, a.k.a. "spamvertised sites."
3) Sites and LinkSky hosted domains that are connected in any way with mass advertisement distribution sent via email. Note: Useof so called "Safe-Lists", "Opt-in", "Double Opt-in" services, etc. fall within this category. (Unless the email address owner opts in at YOUR site for information about the specific products or services promoted there, then use of such addresses constitutes UCE or spam.)
4) LinkSky account owners, their web pages or outside organizations that endeavor to resell or give away any of LinkSky services or resources outside of the LinkSky hosting account reseller program. Note: Individual LinkSky hosted accounts are designed to be single-user accounts. If you wish to give away or resell services, please join the LinkSky hosting account reseller system described here and open accounts as resold using this system.
5) Hosting accounts that are used for data storage, e.g. for remote backup of PCs or office systems. All files that are stored within any LinkSky account must be linked to the hosted website or database, or must otherwise serve some purpose that relates to the LinkSky hosted website for that specific account.
6) Sites with installed software or web scripts that take up an extreme amount of server resources.
7) Sites featuring explicit sexual content, hate-espousing material or sites that contain illegal content of any kind (e.g. copyright violations, warez or cracked software, hacker tools or instructions for system break-ins, etc.), OR sites that advertise with banners, links, sound files, etc. any of the foregoing. You may not use your hosting account or hosted site to publish material which LinkSky determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
Our intent is to preserve services for sites that have a wide, general audience, and to keep our servers up and running smoothly far into the foreseeable future. In short, we refuse to have our servers monopolized by ANY special interest group.
We realize there are some gray areas in the items mentioned. If you are unsure about whether the content of your LinkSky hosted website will be in violation of our AUP, it is best to ask us before signing up.
At all times, what constitutes a violation of our AUP is strictly up to the discretion of the fair and open-minded people of LinkSky management.
Your application and use of the services of LinkSky Value Host constitutes an agreement that you will hold harmless LinkSky Value Host in every case for any damages caused by, but not exclusive of, web service outages (for any length of time), email service outages (for any length of time), and/or loss of data.
LinkSky management goes to extraordinary efforts to keep our server up-time among the very best in the industry; however, hosting and email services are based upon extremely complex file sharing systems and will always remain fallible no matter what precautions are taken. Furthermore, service interruptions can be caused by 3rd party, telcom-owned router outages, etc. Such routers are distributed between the client computer systems and the LinkSky servers over which LinkSky technical administration has absolutely no control.
Specifically: In no event shall LinkSky Value Host nor any owner, partner or employee of said hosting company be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses, including data losses, arising out of the use of or inability to use any aspect of LinkSky Hosting services and/or information from us.
This also includes losses and/or damages incurred through email received, and/or data transmitted to any LinkSky hosted account (e.g. via a web hosted fill-out form) from local or remote sources. It is strongly recommended that the LinkSky customer learn to guard against "phishing," "pharming" lottery scams, auction scams, employment scams, domain re-registration scams, and other similar scams and frauds potentially leading to identity theft or worse. All LinkSky accounts come with anti-spam scoring and tagging that will help you spot such fraudulent email, but no such email filtering system is infallible. Simply stated, it is always up to the web hosting account owner and/or email account user to exercise their best judgement. We recommend that you do not respond to unexpected requests for password resets, especially from financial institutions (including PayPal), domain registration service, etc. When in doubt, contact your service provider directly or you are always welcome to forward such email (or messages received by any other means) to email@example.com for analysis. Also, STAY INFORMED by visiting such informational websites as ScamDex.com You are also encouraged to sign up for a free SpamCop membership which will provide spam and fraud email reporting, see SpamCop.com
Full, server-wide backups are made of all customer accounts and other critical data at least twice per week (7x per week is the standard). This is not an archival backup system, but a rolling system which is kept in sync with current data. Every effort to validate the integrity of such backups is made, but again, such systems will always remain fallible no matter what precautions are taken. A backup utility is included with every LinkSky-hosted account, which enables an easy method of backing up various aspects of the LinkSky account, or the entire LinkSky account including all settings, email and web data. LinkSky membership is encouraged to use this system on a regular basis in order to develop a true archival system. NOTE: Once backup archives are created, they should be downloaded for safe keeping and removed from the server.
The LinkSky customer is well-advised to regard their hosting account data as they would data residing on their own local computer systems, and perform regular backups of their web data. Backing up your data is the very best advice for ANY work involving critical computer data no matter where it resides. Easy methods are available for conducting such backups on an individual account-wide basis from the individual account LinkSky control panel (a.k.a. the LinkSky hosted cPanel). It is our recommendation that this system be utilized on a regular basis. If the LinkSky customer maintains MySQL databases, they are advised to regularly do a data "dump" (archive), of all their databases on a regular basis. This can be achieved via use of the MySQL administration software which is provided for every LinkSky MySQL database user.
If a LinkSky Hosting account is determined to be in violation of our AUP or our TOS, we reserve the right to terminate service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org.
The following constitute violations of this AUP:
1. Illegal use: LinkSky Value Host's services may not be used for illegal purposes, or in support of illegal activities. LinkSky Value Host reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of the LinkSky Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
3. Threats: Use of the LinkSky Value Host service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of the LinkSky Value Host service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent Activity: Use of LinkSky Hosting service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
6. Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
7. Mass commercial e-mail distribution (via any LinkSky hosted account) and/or unsolicited bulk e-mail (SPAM): Use of the LinkSky Value Host service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. The selling of any so-called opt-in lists or other email lists intended for mass email distribution is expressly prohibited. The selling of mass email software, a.k.a. spamware, sometimes described as stealth spamware, or software designed to "rake" addresses from websites and search engines, or bulk email software of any kind that was designed for unsolicited commercial email (a.k.a. spam), or bulk email software that is commonly used by unsolicited email marketers (a.k.a. spammers), all are expressly prohibited. In addition, it is expressly prohibited to involve any LinkSky hosted website in any unsolicited email campaign whether or not such a campaign used a LinkSky mail server in the transmission of the unsolicited email in question, a.k.a. "spamvertised websites." Violations of this type will result in the immediate termination of the offending LinkSky Value Host account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending LinkSky Value Host account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the LinkSky Value Host service is in violation of this AUP.
10. Usenet/forum/blog post SPAMing: LinkSky Value Host has a zero tolerance policy for the use of its network to post messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of the LinkSky Value Host service to access, or to attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of LinkSky Value Host or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending LinkSky Value Host account is subject to immediate termination.
12. Copyright or trademark infringement: Use of the LinkSky Value Host service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized duplication of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software will not be tolerated.
13. Collection of personal data: Use of the LinkSky Value Host service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
14. Network disruptions and unfriendly activity: Use of the LinkSky Value Host service for any activity which affects the ability of other people or systems to use LinkSky Value Host services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. LinkSky Value Host will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Making a misrepresentation or misleading statement, writing or activity with the intent that the person receiving it will act upon it.
16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection (e.g. pinging, installing/running daemon processes, etc.) within a LinkSky hosted account, or connected to any LinkSky Value Host services could result in suspension service.
18. Third Party Accountability: LinkSky Hosting subscribers will be held responsible and accountable for any activity by third parties using their account that violates guidelines created within the Acceptable Use Policy.
19. Temporary Address: All members are given a temporary web address to view their website. This address is to be used for testing purposes only for the brief period before your domain name points to the LinkSky server
You, as account owner, are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee, due to a hacked PC, etc. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
1) Your password provides access to your account. It is your responsibility to keep your password secure. We recommend that you use secure (hard to guess) passwords and change your account password(s) at least once per month.
2) Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
3) Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
4) You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
5) You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
6) You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
7) Users who violate systems or network security may incur criminal or civil liability. LinkSky Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
8) Script installations with security flaws which could compromise your account and the LinkSky server on which your account resides are prohibited and may be removed if there are signs of a compromise. This includes security vulnerable packages such as WordPress, Joomla, Drupal, etc. which are severely out-of-date. It is important to keep such packages up to date by upgrading to the lastest version. This also applies to plugins, extensions, modules, and other addons for such packages. It is also important to remove old/unused (e.g. test) script installations as they will become security vulnerable over time.
LinkSky Value Host accounts operate on shared resources. Excessive use or abuse of these shared network resources by any single account may have a negative impact on all other customers/accounts sharing the same server. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in suspension or termination of your account.
Regarding Email sending and receiving including use of E-lists: LinkSky maintains some of the most generous email transmission limits in the commercial web host industry. However, any email services run from within a shared web host server must have hourly caps so that other services such as MySQL access, FTP access, web page draw speeds, etc. are not negatively impacted. These caps are often improved (set higher) over time. Please consult LinkSky support staff for the current hourly cap on the server where your account is hosted.
Overall, you are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of LinkSky Hosting systems or networks. LinkSky Hosting reserves the right to terminate or limit such activities. In this regard the following software/scripting and program types are disallowed:
1) Free For All (FFA) links or bookmark pages.
2) Free For All classified ad pages.
3) IRC programs or using your account for any IRC/BBN purposes. This includes any kind of locally installed chat software. However, you can establish a chat site at any number of free chat servers which you can find here. Then, link to your chat page from your LinkSky website.
4) Webcams. Please consider using an external; webcam service, then displaying the results in your LinkSky hosted site via iFrame. This is a typical method, and free webcam services are becoming common, e.g. here.
5) Mailing center scripts, i.e. any scripts or programming which can be used to freely distribute email sent by registered or unregistered 3rd party members.
6) Third-party installed versions of FormMail.pl, FormMail.cgi, BNBMail, MailForm, MAIL.CGI, and similar software. (A secure version of FormMail is available, globally, for all accounts on our network.)
7) Script installations and software programs based on or that utilize the following are NOT ALLOWED due to the extreme amount of server resources they require, and/or security flaws which could compromise your account and the LinkSky server on which your account resides. This includes proxy scripts, IP scanners, and security vulnerable packages such as WordPress, Joomla, Drupal, etc. It is important to always keep such packages up to date. This also applies to plugins, extensions, modules, and other addons for such packages. It is also important to remove old/unused (e.g. test) script installations as they will become security vulnerable over time.
8) We ask our hosted customers to take a common sense approach when it comes to installation of 3rd party packages, and to keep good pace with security patches and updates as they are released by the script package developers. If you are wondering about the security and stability of any particular package that may be under consideration for your LinkSky hosted site, please submit a SUPPORT TICKET and we will be happy to do any necessary pre-installation research for you.
Please note - LinkSky Value Host reserves the right to place caps or limiters on a resource or upon any given group of resources at any time, and/or to remove or disable customer installed scripts in order to prevent detrimental impact and/or security breaches that may effect other accounts sharing the same server.
Reporting Violations of LinkSky Hosting AUP:
LinkSky Value Host requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at email@example.com.
If available, please provide the following information:
The web domain address used to commit the alleged violation.
The date and time of the alleged violation, including the time zone or offset from GMT.
Evidence of the alleged violation. E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Possible Actions Taken in Response to Violations:
LinkSky Hosting may take any one or more of the following actions in response to complaints:
• Issue written or verbal warnings
• Suspend the Member's forum and/or newsgroup posting privileges
• Suspend the Member's account
• Terminate the Member's account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
Revisions To This AUP
LinkSky Value Host reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
LinkSky Value Host TOS (Terms of Service)
LinkSky Value Host ("the Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
The following applies to LinkSky members who have purchased, registered for (e.g. a trail version), or participate in any level of service of any LinkSky hosting account including, but not limited to the following:
LinkSky Standard Feature
LinkSky Extended Feature
Use of LinkSky Value Host service constitutes acceptance and agreement to the Company's AUP (Acceptable Use Policy) as well as the Company's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of LinkSky Value Host and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that any change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Lake applicable to contracts enforceable in that state. Venue will be Lake County, California.
1. DISCLOSURE TO LAW ENFORCEMENT: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition LinkSky Value Host shall have the right to terminate all service set forth in this Agreement.
2. SERVICE RATES: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that LinkSky Value Host may prospectively change the specified rates and fees from time to time. A full 45 day notice will be given prior to any rate change. Notices will be sent via email. Our members are encouraged to follow Linksky on our social media sites for important service announcements.
3. PAYMENT: New accounts will be established within approximately 24 hours of receipt of payment. Subsequent payments are due on the anniversary date for the term selected. One-time charges will be billed at the time the service is rendered.
Payments by check or money order are accepted for the one or two year terms only and must be drawn on a U.S. bank.
Account Plan / 1 YEAR TERM / 2 YEAR TERM
Standard Feature / $59.40 / $94.80
Extended Feature / $95.40 / $166.80
Ultra Feature / $119.40 / $214.80
Visual Builder (addon) / $107.40 / $214.80
Visual Builder account / $119.40 / $238.80
Visual Builder store (addon) / $155.40 / $310.80
Make check payable to LinkSky Value Host and mail to PO Box 4327, Troy, MI 48099. For proper credit, please write your domain name on the check. If this is for a new account, the account will be opened upon receipt of funds.
For accounts paid by check, Subscriber will be notified by e-mail when the next payment is due. Accounts paid by credit card or PayPal.com will renew automatically on the anniversary date.
Accounts more than ten days past due are subject to suspension. Accounts more than 60 days past due are subject to removal.
4. PAYMENTS AND FEES: Returned checks are subject to a $15.00 (each) fee. Accounts not paid ten days after the due date are subject to a $10.00 late fee. Accounts that are not collectable by LinkSky Value Host may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
5. REFUNDS: For accounts paid monthly, the initial payment at the time the account is opened is refundable for 60 days from the date of the original invoice. All other terms (quarterly, one-year and two-year) are paid in advance. If the account is closed before the renewal date, the unused portion of fees paid in advance are not refundable, but can be issued as a prorated account credit, upon request. All overcharges or billing disputes must be reported within 60 days of the date of the disputed billing.
6. DISPUTES: If you dispute a charge to your credit card issuer, and if that dispute is resolved in our favor, you agree to pay LinkSky Value Host an "Administrative Fee" of $25 in order to compensate for the handing of any chargebacks resulting from your dispute.
7. FAILURE TO PAY: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
8. ACCOUNT CANCELLATION: Requests for cancellation must be made in writing or submitted online. Customer may request cancellation from within their Billing Services account or submitting a request here. Requests for cancellation may also be mailed to LinkSky Value Host, PO Box 4327, Troy, MI 48099. NOTE: LinkSky cannot cancel an account without first verifying authority.
9. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall LinkSky Value Host be liable for any special or consequential damages, loss or injury.
10. ACCOUNTS WITH NEW DOMAIN NAMES: LinkSky Value Host does not register domain names on behalf of our Subscribers. Subscriber is fully responsible for procuring and managing their own domain name(s), both before and after establishing their LinkSky hosting account(s).
11. ACCOUNTS WITH EXISTING DOMAIN NAMES: Transferring a domain record to the LinkSky registrar is NOT required in order to host at LinkSky. All that is required to activate any domain for a new LinkSky account is a modification of the name server, a.k.a. DNS aspect of the domain record. This will effectively "point" traffic to the new LinkSky account after the updated record has propagated world wide. Propagation is an automated process and can take anywhere from 12 to 48 hours. Subscriber is fully responsible for managing their own domain name(s), both before and after establishing their LinkSky hosting account(s).
12. SUPPORT BOUNDARIES: LinkSky Value Host, provides 24/7 technical support to our Subscribers (except for a few holidays and short company meetings when staff is unavailable.) We limit our technical support to our area of expertise. LinkSky Value Host provides support related to your web hosting account and website's physical (digital) functioning. The Company does not offer tech support for application specific issues such as cgi programming, html coding or any other such issue, unless the Company has been specifically hired to install and support such software. The Company does not provide technical support for your customers and/or visitors to your website.
We encourage you to consult our Frequently Asked Questions in looking for answers to your technical questions. In addition, LinkSky recommends that you take advantage our our private SUPPORT TICKET system for submitting technical requests. If you prefer direct email, please send your requests to firstname.lastname@example.org.
13. SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE): LinkSky Value Host takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. This means that Subscribers of LinkSky Value Host may not use or permit others to use our network to transact in UCE. Subscribers of LinkSky Value Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
a. Violation of LinkSky Value Host's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the Company will initiate an immediate investigation. During the investigation, the Company may restrict Subscriber access to the network to prevent further violations. If Subscriber is found to be in violation of our SPAM policy, the Company may, at its sole discretion, restrict, suspend or terminate Subscriber's account. Further, LinkSky Value Host reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. LinkSky Value Host will notify law enforcement officials if the violation is believed to be a criminal offense.
b. Substantial violations of this policy may result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. Continuing violations may result in an "Administrative Fee" of $500 and immediate termination of your account. Subscribers who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour to compensate Company personnel for their time in the investigation of the matter. PLEASE, DO NOT SPAM from your account or on behalf of your account.
a. IP Address Ownership: If LinkSky Value Host assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong solely to LinkSky Value Host Subscriber shall have no right to use that Internet Protocol address except as permitted by the Company in its sole discretion in connection with the Services provided during the term of this Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by the Company, and the Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
b. System and Network Security: Subscriber is prohibited from violating or attempting to violate the security of the LinkSky Value Host Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such Subscriber or logging into a server or account, which such Subscriber is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail, newsgroup, or BBS posting.
v. Taking any action in order to obtain services to which such Subscriber is not entitled.
15. NOTIFICATION OF VIOLATION
a. LinkSky Value Host is under no obligation to look at each Subscriber's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police internet-related activities.
b. First violation: Any User which LinkSky Value Host determines to have violated any element of this Acceptable Use Policy shall receive an e-mail warning of the violation. At the Company's discretion, the service may be subject to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that the Company determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d. LinkSky Value Host reserves the right to disable the section of IP or name-based hosting space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet; in particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
16. SUSPENSION OR CANCELLATION OF SERVICE: LinkSky Value Host reserves the right to suspend network access to any Subscriber if, in the judgment of the the Company network administrators, the Subscriber's server is the source or the target of the violation of any of the terms of the AUP or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's accounts were suspended.
17. LinkSky Value Host reserves the right to amend its policies at any time. All sub-accounts, sub-email accounts, primary web accounts and primary e-mail accounts of the Subscriber must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate suspension or cancellation. Subscriber will be held responsible for the actions of sub-accounts in the matter described in these Terms of Service. Therefore, it is in Subscriber's best interest to implement a similar or stricter Terms of Service and Acceptable Use Policy.
18. INDEMNIFICATION: LinkSky Value Host wishes to emphasize that in agreeing to the LinkSky Value Host Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies the Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to LinkSky Value Host or the bringing of any claim against the Company by any third-party. This means that if LinkSky Value Host is sued because of a Subscriber or a customer of a Subscriber activity, the Subscriber will pay any damages awarded against the Company, plus all costs and attorney's fees.
Customer also agrees to indemnify and hold harmless LinkSky Value Host its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof to which an indemnified party may become subject and which losses arise out of, or relate to the agreement, customer's use of the products and services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an indemnified party for all legal and other expenses, including reasonable attorney fees incurred by such indemnified party, in connection with investigating, defending, or settling any loss, whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
LinkSky Value Host may from time to time, at the request of the customer, be enlisted to perform service administration tasks on customer's account at LinkSky Value Host. This service shall be referred to as outside contractors. Customer agrees to indemnify and hold harmless LinkSky Value Host, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents against any incidental damages caused to customer service in the performance of LinkSky Value Host outside contractors service administration.
LinkSky Value Host Privacy Statement
Thank you for your interest in our services.
LinkSky Value Host is a privately held web hosting company. Our mailing address is:
LinkSky Value Host
PO Box 4327
Troy, MI 48099
We put forth uncommon effort to protect your privacy at LinkSky Value Host.
With exceptions that involve the surrender of information in cases of litigation or other legal matters effected by court ordered warrants and subpoenas, the following applies in all other situations and scenarios.
In plain English, there is NO occasion where we use the personal or business contact information you send us for ANY reason other than what you would expect as a hosting customer or participant in general membership support services, or other services we may offer. We will use your email address ONLY to facilitate the process in which you are participating: the purchase hosting services, or responses to queries submitted through our website. We DO NOT and WILL NOT EVER submit your email address to a mailing list other than LinkSky's own, nor do we relay your e-mail address or other information about you to ANYONE for ANY REASON, period.