Terms Of Service

Linexium Enterprises Terms of Service

 

1.0 – Contact & Billing Information:

You must provide us with, and keep current, accurate contact information for you. This includes but is not limited to E-mail addresses, Name, address, and phone number. Not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. It is your responsibility to ensure the e-mail address on file is current or up to date always. We are not responsible for any claim, damages, fees, or otherwise because of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, e-mail.

1.1 – Minor Accounts
If you wish to use this service as a minor (under 18 years of age) you are required to have a parent or the custodial guardian attached to your account as a contact. Linexium can request a government issue photo ID at any time, If you choose not to comply with the request we can within our legal right refuse all service to you and remove your account.

1.2 – Right to Identify
Under the US Patriot Act, we have an obligation to identify clients that are suspected of using Linexium for purposes that are not lawful including but not limited to organized crime, drug trafficking, and terrorism. We may suspend all services at our discretion to investigate.

 

2.0 – Domain Registrations:

You are also requesting us to register your site for you when selecting a “new domain” in the order form of our site. Linexium will register such services for you on your behalf, but it is your responsibility to ensure the correct name servers are set for your domain. All domain registrations are NON-REFUNDABLE. For free domain offers, we will transfer domains only after the money-back guarantee period has ended. You, as the registrant of the new domain, are required to ensure correct whois information is always maintained. After you have bought your domain. Domain registrations are done via NameCheap when you register a domain with us you also agree to NameCheaps Terms of Service

2.1 – Verification of Registration
After you order your domain name, you ( the client ), you will be required to verify your contact information through an e-mail sent by NameCheap.com, you will have 45 days to complete this before your domain is suspended. It is not our responsibility to remind you about this step.

*2.2 – Restricted Domains
Linexium holds the right to restrict some TLD’s from being registered with our services. At this time we do not allow the following domain names (.tk, .gq, .cf, .ml, .ga) This may not be a full list of domains we restrict, we hold the right to restrict any domain registration that we suspect is used for abuse. If we receive a new order with a restricted domain we will cancel the order. If you have questions regarding a domain that we have restricted or an order that was cancelled please open a ticket or start a live chat.

3.0 – Pricing:

Linexium reserves the right to change pricing terms on any accounts and services at any time. While we have little control over third-party licensing where prices can go up outside of our control, this includes but not limited to ( Domain Registrations, Software, VPS Plans ). We will never increase the existing client’s web hosting account plan price. New accounts for current customers are subject to the current fees at the time the new account is opened.

4.0 – Billing and Payments:

You agree to pay Linexium in advance for the services to be rendered. Subsequent payments are due on the anniversary date of the term of your plan. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed regularly. The client agrees to all annual and longer-term recurring charges that are not cancelled at least 30 days before the next renewal date. It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. Linexium reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank because of the client’s account being invoiced. Linexium provides a 5-day grace period from the time invoices are generated. However, invoices not paid by due date are subject to a late fee of $8.00. Service will be interrupted on accounts that are (5) five days past due. Service interrupted for non-payment will remain disconnected until the account balance or contract term is paid in full. The client should not request a cancellation after the service invoice has been generated.

5.0 – Cancellation

If you wish to cancel your services with us, you must submit a cancellation request through your client area. In the event that you submit a cancellation request your contract with us (Linexium) will end effective immediately. We are in no way liable for lost data nor do we have an obligation to hold, maintain, or save your saved data.

6.0 – Unpaid Orders:

Orders that have been placed and not paid for will be marked as fraud after (3) three days. After (5)five days, the order is removed without notice.

6.1.0 – Other Fees;

6.1 – Excessive Software Installs:
( $3.99) You may request our staff to install the software that we offer. We may charge you if you submit more then three requests per month. After three requests within the same month, you will be charged per install.

7.0 – Refunds:

Activated services or products are eligible for a refund if they have been active for less than five (5) days. Services that have not yet been set up may be eligible for a refund. Account credit is ineligible to be refunded, refunds are not available anytime for the following; (domain names, SSL certificates, licenses, project down-payments, VPS servers, DMCA/Takedown Services or other services provided from LinexiumDesigns.com). Refunds will not be provided if you have violated any policy set out in our Terms of Service. If you’re unhappy with your service at Linexium, we make all refund requests through our Billing Department. Charging us back through your bank/PayPal or any other payment gateway is forbidden and will result in a $250 chargeback fee, and your client account being terminated & you will not be able to shop with us again.

7.1.0 – Chargebacks:
Any chargebacks or unauthorized refunds will be reported to our debt collection agency for collection, and the client will receive chargeback a fee of $250, the debtor will pay any costs associated with this. If the payment isn’t paid within seven (7) days, the client risks the chance of his/her Service being suspended or terminated without any refund or credit.

7.2.0 – Paypal Subscriptions: 
PayPal subscriptions are the responsibility of the client. If the client cancels their product/service, it is their responsibility to cancel their PayPal subscription. Linexium is not liable to refund subscription payments or payments for renewal of services.

8.0 – Termination:

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.0 – Refusal of Service:
We (Linexium) reserves the right to refuse, suspend and terminate services at our discretion, we have no obligation to return, save, or hold your saved data.

10.0 – Threats and unlawful conduct:

You may not use our Service to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).

10.1 Computer Fraud & Abuse Act (CFFA)
Linexiun may terminate your service without refund if we believe that you have violated CFFA, you are 100% responsible for your account.

11.0 – Fraud:

Use of our 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.” Adding, removing, or modifying identifying network header information to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is not permitted. The use of anonymous remailers or nicknames does not constitute impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing, or activity made with the intent that the person receiving it will act upon it.

12.0 – Attacks and Exploits:

Any activity which affects the ability of other people or systems to use any services or other Internet services. 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 client’s responsibility to ensure that their server is configured securely. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate activities. Unauthorized entry or use of another company or individual’s computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others or penetrate security measures of other networks.

13.0 – Disputes:

Sometimes, our clients present disputes to us that may require our attention. This may include ownership disputes, copyright disputes, etc. If a dispute arises, we deal with it via means of consulting all parties involved to obtain context and knowledge of the situation to make an appropriate decision, with clarity. We will investigate the claim in house and contact you via the ticket you have started with our legal department.

Linexium Client Disputes (NONE DMCA): [email protected]

13.1 – DMCA Policy
Linexium Enterprises LLC is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). Linexium Enterprises LLC respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described below. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.

Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Linexium Enterprises’s Designated Agent:[email protected]

 

What We Do When We Receive A Proper DMCA Notice
Linexium Enterprises will follow the procedures provided in the DMCA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works.

Notice and Takedown Procedure
It is expected that all users of any part of the Linexium Enterprises system will comply with applicable copyright laws. However, if Linexium Enterprises is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Linexium Enterprises will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by its Designated Agent.

Notice to Users of Linexium Enterprises Systems
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. Linexium Enterprises also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.

Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.

Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the Linexium Enterprises notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.

Writing a Counter-notification

To Write a Proper Counter-notification, please provide the following information:

State that access to your website was disabled due to operation of the notice and takedown procedure.
Identify the material that has been removed and designate its URL prior to removal.
State, under penalty of perjury:
a. Your name, address, and telephone number,
b. That you have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material.
c. That you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

Sending the Counter-notification

To exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for Linexium Enterprises, whose contact information is:
Sebastian Protel
[email protected]

 

Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to Linexium Enterprise’s voids any claim of right made by the submitting party.

13.2 – Repeat Infringers
Linexium Enterprises may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers.

14.0 – Indemnification:

Client agrees to defend, indemnify, and hold Linexium harmless from all demands, liabilities, losses, injury, costs, and claims, including reasonable attorney’s fees, asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, copyright infringement, or defective products by customer, our agents, employees or assigns.

15.0 – Governing Law:

By using any Linexium services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that an arbitrator of Linexium’s choice shall handle any action arising out of or in connection with this Agreement. The arbitrator’s award is final and binding on all parties. You, the client, are also responsible for all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.

16.0 – Disclosure:

Linexium will cooperate with law enforcement agencies. We will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena or lawful request. If you are a Law Enforcement Agency requesting information, you can contact the following e-mail with the subject “LEO INFORMATION REQUEST “[email protected], please send an e-mail to us from your agency e-mail.

17.0 – Disclaimer:

We are not responsible for any claims resulting from the use of our Service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and all service interruptions regardless of cause. The client acknowledges that the Service provided is of such a nature that service can be interrupted for many reasons. Therefore, the client agrees that the company shall not be liable for any damages, loss, or injury.

18.0 Promotions:

Promotions are at the discretion of our staff. We may solely deem clients eligible or ineligible for active, past, or future promotions. Services received on promotions are not eligible for a refund unless otherwise granted by a member of management or stated within that promotion details.

19.0 Soft Limitations:

Linexium may place soft limitations on services that are marked as “Unlimited or Unmetterd” this is to be done to comply with fair usage so other clients may use our services.

20.0 Infected/ Dangerous Content

Clients that do not take the time to secure their site (i.e. Passwords, Usernames, etc.) will be charged a $20 recovery fee if we are required to go in and removed the infected files from your account.

21.0 Cloud Services Use Policy

When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff“). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. Your use of our Services must comply with our Terms of Service and Acceptable Use Policy. Others’ intellectual property rights may protect content in the Services. Please don’t copy, upload, download, or share content unless you have the right to do so.

Linexium may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.

Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13.

22.0 – VPS (Virtual Private Server)

22.1 – Setup
Due to the nature of the service and such demand for these services, we reserve the right to perform security checks against the purchaser to ensure our vital interests are protected and that are services are not subject to abuse. Due to this, some purchases may take a small period of time to be fully provisioned.

22.2 – Usage
You may use your virtualised cloud hosting services for lawful purposes. Your use of our services must not breach any applicable local, national or international law or regulation, including copyright or other intellectual property law. Any actions that that can be deemed fraudulent or to transmit any data, send or upload any material that contains viruses, trojans, worms, keystroke loggers, adware, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware and your use of our services must not be used for the purpose of harming or attempting to harm minors in any way nor should such services be used for crypto-currency mining. We are not responsible nor liable for what a user chooses to do with a server provided by Linexium. Finally, we do not monitor what users do with their servers nor do we control or limit what they do.

22.3 – Service Suspension & Termination
The company reserves the right to suspend or terminate your virtualised cloud hosting service should any of the following apply (this list is not exhaustive and is not a complete list of reasons a subscription can be suspended): Overdue on payment, suspect/malicious content stored/displayed/distributed under your account and malicious activities taking place under your account. The company reserves the right to suspend/terminate servers at will and we reserve the right identify what is suspect or malicious. Sanctions for Virtualised Cloud Hosting Services violations include service suspensions, service terminations or a banning order which prohibits you from purchasing a service from us (temporarily or indefinitely)

22.4- Anti-Abuse
We enforce a stringent anti-abuse policy for our VPS platform. Should one of our customer’s instances become under significant load in any capacity which has the potential to affect other users, we reserve the right to intervene by any means possible. This may include network re-routing to some of our other Points of Presence (PoPs) should your use of our service be deemed high-risk as well as service suspension or termination.

 

23.0 – Class Action Waiver

THIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

Linexium and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Linexium customers, and cannot be used to decide other disputes with other customers.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Tucson, Arizona.

This Class Action Waiver section shall survive any termination of your account or the Services.

 

 

*- notes updated term

Updated 6/6/2020