Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
Introduction: Make your own website in a few clicks! Linxtter helps you cut down development time by providing you with a flexible website editor with a drag and drop interface. Linxtter Website Builder creates responsive, retina and mobile friendly websites in a few clicks. Linxtter is one of the easiest website development tools available today. It also gives you the freedom to develop as many websites as you like given the fact that it is a desktop app.
1.1. Our Purpose Our services are designed to allow people from all over the world to easily create a beautiful and engaging online presence for themselves in arabic or english language, and to manage and promote their businesses, content and ideas, and overall have a great experience.
1.2. Legal Agreement The Linxtter Terms constitute a binding and enforceable legal contract between Linxtter.com and its affiliated companies and subsidiaries worldwide and you - so please read them carefully.
1. The owner of a User Account, User Website and/or User Content created and/or uploaded to the Linxtter Services, may be considered to be the person or entity who has access to the e-mail address then listed in Linxtter’s records for such User Account under which such User Website or User Content has been created.
2. If any Paid Services were procured via the User Account, the owner of such User Account, or any User Website and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services. Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website, the owner of such User Website may be determined to be the person or entity registered as the owner of such domain thereunder. In the event that both an individual and an organization are registered as the owner of such domain, we will consider the organization as the actual owner of the domain, and therefore as the owner of the User Website connected to such domain.
Your Obligations 2.1. You represent and warrant that :
1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into Linxtter Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to linxtter Terms;
2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
3. you understand that linxtter does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
4. you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
5. the User Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for Linxtter and/or your End Users to use or possess in connection with linxtter Services;
6. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto. 2.2. You undertake and agree to:
1. fully comply with all applicable laws and any other contractual terms which govern your use of Linxtter Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of Linxtter Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Linxtter Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from linxtter website(s) or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow Linxtter to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Linxtter’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Linxtter or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
6. Linxtter's sole discretion as to the means, manner, and method for performing the Linxtter Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. not to post any sexually oriented content including (text, images and photos, videos, files, downloads, ... etc) and take all measures to prevent such act on your website or other goods purchased on linxtter or its partner. in case of violation, linxtter and its partners will reserve the rights to terminate your website immediatly without any further notification. 2.3. You agree and undertake not to: 1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the linxtter Website, linxtter Services (or any part thereof), any Content offered by linxtter or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Linxtter's prior written and specific consent and/or as expressly permitted under the Linxtter Terms;
2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of linxtter or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. publish and/or make any use of the Linxtter Services or Licensed Content on any website, media, network or system other than those provided by Linxtter, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of Linxtter Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Linxtter, in advance and in writing;
4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of Linxtter Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of Linxtter Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through Linxtter Services;
5. act in a manner which might be perceived as damaging to Linxtter’s reputation and goodwill or which may bring Linxtter into disrepute or harm;
6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Linxtter or Linxtter Marks and/or variations and misspellings thereof;
7. impersonate any person or entity or provide false information on Linxtter Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Linxtter and/or any End Users;
8. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Linxtter or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
9. reverse look-up, trace, or seek to trace another User of Linxtter Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of Linxtter Services and/or User Website without their express and informed consent;
10. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to Linxtter Services, User Website, the account of another User(s), or any other systems or networks connected to Linxtter Services, by hacking, password mining, or other illegitimate or prohibited means;
10. probe, scan, or test the vulnerability of Linxtter Services or any network connected to the Linxtter Services;
11. upload to Linxtter Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
12. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Linxtter Services or Linxtter’s systems or networks connected to Linxtter Services, or otherwise interfere with or disrupt the operation of any of Linxtter Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
13. use any of Linxtter Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
14. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Linxtter Services, except as expressly permitted by Linxtter Terms;
16. violate, attempt to violate, or otherwise fail to comply with any of Linxtter Terms or any laws or requirements applicable to your use of Linxtter Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Content and Ownership 3.1. Your Intellectual Property As between Linxtter and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant Linxtter a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license to use your User Content (in whole or in part) worldwide in order to provide you with Linxtter Services, and as further specified in Section 2.2(5) above. 3.2. Linxtter’s Intellectual Property All rights, title and interest in and to Linxtter Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of Linxtter Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Linxtter.
Subject to your full compliance with Linxtter Terms and timely payment of all applicable Fees, Linxtter hereby grants you, upon creating your User Account and for as long as Linxtter wishes to provide you with Linxtter Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use Linxtter Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under Linxtter Terms, and solely within Linxtter Services.
The Linxtter Terms do not convey any right or interest in or to Linxtter’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in Linxtter Terms constitutes an assignment or waiver of Linxtter’s Intellectual Property rights under any law. 3.3. Feedback and Suggestions If you provide us with any suggestions, comments or other feedback relating to Linxtter Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Linxtter. By providing such Feedback to Linxtter, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Linxtter any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
Privacy Certain parts of Linxtter Services (including certain Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using Linxtter Services, Linxtter and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through Linxtter Services and/or User Websites. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
Article Title with Solid Background 5.1. Paid Services
The use of certain Linxtter Services may be subject to payment of particular fees, as determined by Linxtter in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Linxtter will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Linxtter reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Linxtter shall have the right to automatically and without notice renew your subscription to such Linxtter Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Linxtter. To the extent permitted by law (and unless specified otherwise by Linxtter in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of Linxtter Services, or to any payments or purchases made by you. If Linxtter is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction.
As part of registering or submitting information to receive Paid Services, you also authorize Linxtter (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Linxtter or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.2. Invoices
Linxtter and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Linxtter (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
5.3. Subscription Renewals
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, Linxtter Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Linxtter in writing). Accordingly, where applicable, Linxtter will attempt to automatically renew the applicable Linxtter Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Linxtter.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Linxtter Service(s), Linxtter will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of Linxtter Services you use (whether or not such Linxtter Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Linxtter Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Linxtter Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Linxtter in relation to the discontinuation of any Linxtter Services or Third Party Services, for whatever reason.
5.4. Money-Back Guarantee
If you are not satisfied with any Linxtter Services subject to a Fee for a monthly or annual service or subscription commitment of one month or year, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Linxtter Services (“Refund Period”). If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Linxtter receives such notice within such Refund Period, Linxtter will refund to you the amount you actually paid for such Linxtter Services, and cancel them accordingly. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Linxtter Services actually received, as permitted by law.
Please note: Certain services purchased on or through Linxtter Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on Linxtter Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Linxtter will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
5.5. Chargebacks
If, at any time, you contact your bank or credit card company and decline, chargeback or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of your payment obligations hereunder, and your use of Linxtter Services may be automatically terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of Linxtter Services will not resume until you re-subscribe for any such Linxtter Services, and pay any applicable Fees in full, including any fees and expenses incurred by Linxtter and/or any Third Party Services for each Chargeback received (including Fees for Linxtter Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Linxtter, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent Linxtter Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to Linxtter Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
Cancellation
6.1. Cancellation by User You may discontinue to use and request to cancel your User Account and/or any Linxtter Services at any time, in accordance with the instructions available on Linxtter Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on Linxtter Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Not with standing anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period. 6.2. Cancellation by Linxtter Failure to comply with any of Linxtter Terms and/or to pay any due Fee shall entitle Linxtter to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Linxtter Services (e.g., Paid Services) or Third Party Services to you. 6.3. Loss of Data, Content and Capacity If your User Account or any Linxtter Services or Third Party Services related to your User Account are cancelled (whether at your request or at Linxtter’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Linxtter shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Linxtter Services following their cancellation, as determined by Linxtter in its sole discretion.
Third Party Services The Linxtter Services enable you to engage and procure certain third party services and tools for enhancing your User Website and your overall user experience, including domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via Linxtter Website, third party Licensed Content, media distribution services, third party designers who may assist you with your User Website, etc. (collectively, “Third Party Services”).
Misconduct and Copyrights 8.1. Misconduct and Abuse When using Linxtter Services, you may be exposed to User Websites, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Linxtter with respect thereto
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of Linxtter Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Linxtter, and that Linxtter may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion. 8.2. Copyrights Linxtter’s Copyright Agent can be reached at the following email: [email protected]
In the event that Linxtter receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification;
Disclaimer of Warranties We provide Linxtter Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that Linxtter Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via Linxtter Services – so please be sure to verify those before using or otherwise engaging them.
Linxtter may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.
Not with standing anything to the contrary in the foregoing, in no circumstances may Linxtter be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through Linxtter Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Linxtter shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using Linxtter Services and/or connecting and/or dealing with any Third Party Services through or in connection with Linxtter Services, and that Linxtter cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Limitation of Liability To the fullest extent permitted by law in each applicable jurisdiction, Linxtter, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of Linxtter Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from Linxtter Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via Linxtter Services; and/or (6) events beyond the reasonable control of Linxtter, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Linxtter’s services to you, and such limitations will apply even if Linxtter has been advised of the possibility of such liabilities.
Indemnity You agree to defend, indemnify and hold harmless Linxtter, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Linxtter Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of Linxtter Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party
General
12.1. Changes & Updates
Linxtter may change, suspend or terminate any of Linxtter Services (or any features thereof, or prices applicable thereto), and/or change any of Linxtter Terms - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Linxtter Services without enabling such changes, or provide you with alternative Services.
12.2. Governing Law & Jurisdiction
The Linxtter Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to Linxtter Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to Linxtter Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Doha, STATE OF QATAR. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
12.3. Notices
We may provide you with notices in any of the following methods: (1) via Linxtter Services, including by a banner or pop-up within Linxtter Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Linxtter’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
12.4. Relationship
The Linxtter Terms, and your use of Linxtter Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Linxtter and you.
12.5. Entire Agreement
These Terms of Use, together with Linxtter Terms and any other legal or fee notices provided to you by Linxtter, shall constitute the entire agreement between you and Linxtter concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Linxtter and you, including those made by or between any of our respective representatives, with respect to any of Linxtter Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Linxtter in entering into any of Linxtter Terms.
12.7. Severability & Waivers
If any provision of Linxtter Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of Linxtter Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
12.8. Interpretation
Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Linxtter Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.
Cancellation of services - REFUND POLICY Linxtter technologies provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
13.1 Nonrefundable Fees
Fees paid by Subscriber in connection with the purchase of SSL certificates, Pay Per Click Marketing (PPC), Design Service Standard, Design Service Plus, Design Service Premium, Backup & Restore, Spam Hammer, SEO Services, Registered domains on our website, SiteLock, domain privacy, FREE domain name, FREE subdomain names and domain names are nonrefundable under these Terms, as are Check Refunds of USD$10.00 or less due to processing fees, unless otherwise stated in the agreement Subscriber entered into with the individual service provider.
13.2 Cancellations within First 30 Days of Registration
In the event Subscriber cancels the Services within three (30) calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $4.99 per domain name.
Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services within three (3) calendar days of registration and requests a refund in compliance with the terms and conditions of this section, Subscriber will receive a Money-back Guarantee Refund. In addition, Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Name" registered in connection with the subscription, in which case Subscriber's refund will be reduced by same value per domain name.
Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a Money-back Guarantee Refund subject to the following:
A. Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced same value per domain name. Subscriber will retain full ownership and control of any such domain names.
B. Any fees paid by Subscriber for a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.
Internet Protocol (IP) Address Ownership. If Linxtter assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by Linxtter in its sole discretion in connection with the Services during the Term. linxtter shall retain ownership of all IP addresses assigned to you by linxtter, and linxtter reserves the right to change or remove any and all such IP addresses in its sole discretion.
Parked Domain Services. By registering for the Services you agree that linxtter may point your domain name or DNS to one of linxtter's or linxtter's affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for linxtter to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account.
Technical Support Services. a. Except as described otherwise stated below, linxtter will provide technical support via chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing linxtter’s Technical Support Services, you grant linxtter permission to access your account, if necessary, to resolve your issue. You agree that linxtter and its agents and employees are not liable for any damage resulting from the provision of customer support.
b. Ineligibility for Technical Support Services. linxtter will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of linxtter’s control, or (ii) your failure or refusal to implement changes recommended by linxtter; or (c) you are abusive toward our staff in any manner.
c. VPS and Dedicated Servers. linxtter will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, linxtter's ability to provide technical support to the Subscriber may be severely limited.
Affiliate Terms The linxtter technologies. ("linxtter" or "Company" or "we") affiliate program (the "Affiliate Program") is designed to help you generate income in exchange for referring new hosting clients to linxtter. These Affiliate Program Terms (the "Affiliate Agreement") are a contract between linxtter and you (the "Affiliate" or "you"), and it governs the terms and conditions of your participation in the Affiliate Program.
BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM.
1. Payment Requirements: a. As a linxtter affiliate, you may accrue a one-time referral fee for each purchase of a hosting account that you refer to linxtter that meets the definition of a "Qualified Purchase" and the requirements set forth herein. A "Qualified Purchase" is the purchase of linxtter's hosting services by a new and unique customer who: (i) clicks on an affiliate tracking link, (ii) completes the signup process within ninety (90) days of clicking on the affiliate tracking link, (iii) maintains an active account with linxtter for a minimum of ninety (90) days; and (iv) did not transfer from a linxtter partner or related company.
b. Affiliate accounts must be active at the time of the referral. No referral fee will accrue for sales that occurred before your participation in the Affiliate Program.
c. In order for affiliate referrals to accrue and be eligible for your first referral fee payment, you must (i) reach a minimum threshold of USD$100 (the "Minimum Threshold") in referral fees within twelve (12) months of the first Qualified Purchase you refer to linxtter; and (ii) provide linxtter with all relevant tax and address documentation, as further discussed herein. The Minimum Threshold only applies to the first payment issued to you under the Affiliate Program. All subsequent referral fees or credits for Qualified Purchases will accrue and only become payable once you have provided all relevant tax and address documentation.
d. You are solely responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue a valid payment. Each Affiliate is required to submit an accurate and up to date W-8/W-9 tax form. If you have not submitted a tax form, we have provided some of the most commonly required tax forms under the "Tax Form" tab located in the "Settings" tab in the affiliate portal for your convenience. If we do not receive the necessary tax or payment information from you within ninety (90) days of a Qualified Purchase that would otherwise trigger a referral fee, such referral fee shall not accrue and no resulting referral fee will be owed with respect to such Qualified Purchase. Your tax information is required to be on file in order for your referral fees to accrue and become payable.
e. Affiliates are solely responsible for ensuring that all payee information is accurate and up to date in the affiliate system. linxtter is not responsible for any lost or stolen payments.
f. Missing or untracked affiliate referrals must be reported during the then current referral period (either between the 1st and the 15th of the month or between the 16th and the end of the month) and will be credited to your account at our sole discretion, provided that such credit has accrued pursuant to the terms contained herein. Referrals that are not reported during the then current referral period will not be credited to your account.
g. The affiliate referral fees are determined approximately 45 days after the end of the month in which the Qualified Purchase is recorded. Payments are then processed and sent to Affiliates between the 16th of the month and the last day of the month. EXAMPLE: A Qualified Purchase recorded in January will be sent to the Affiliate between March 16th and March 31st.
h. Payments are sent using the PayPal mass payment system. linxtter pays for the transaction fee associated with the mass payment system. You are required to supply a PayPal address to receive payments. If you would prefer to receive payments by check, you must notify linxtter and payments will be sent to the address you provide. Please note that payments by check take up to an additional thirty (30) days to arrive. For larger affiliates with balances of over USD$10,000 per month, linxtter offers a wire transfer option. To update your payment information, please contact the affiliate department.
i. In the event that linxtter re-issues any payment, a USD$35 charge will apply and be deducted from the Affiliate's earnings.
j. Affiliates are responsible for making sure they are able to accept payments. Please ensure that your bank or PayPal account can accept payments from US-based companies.
k. Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their referral fees. Please check with your local banking institution or PayPal to find out if any of these apply for your account.
l. Because of the high frequency of credit card fraud and cancellation rates, linxtter reserves the right to hold referral fees for up to two (2) additional months for verification. At linxtter's sole discretion, we reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first ninety (90) days, or if we learn that the referral fee was earned improperly for any other reason.
2. Reversals a. If a referred customer initially purchases a hosting package with a term of at least one (1) year and then downgrades their hosting package to a term of less than one (1) year within one (1) year of their initial purchase, the applicable referral fees paid to the Affiliate will be reversed and deducted from future earnings.
b. Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods etc.), as determined in linxtter's sole discretion, will be reversed regardless of the amount of time that has passed since the signup occurred.
c. Customers using non-standard rates (rates not available through the Affiliate Program) are not eligible for affiliate referral fees, as determined at linxtter's sole discretion. Non-standard rates include but are not limited to: sales, promotions, email offers, prepaid accounts and discounted pricing offered for educational, government, non-profit or charity organizations.
3. Affiliate Restrictions and Responsibilities a. Affiliates MAY NOT offer cash back, rewards or other incentives to drive traffic/sales via their affiliate tracking links.
b. Affiliates MAY NOT use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
c. Affiliates MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1x1 pixel iframe).
d. Affiliates MAY NOT bid on or use linxtter's trademark, trademark +, or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask etc.)
e. Affiliates MAY NOT use linxtter's trademark, trademark +, or misspelled keywords in their domain names.
f. Affiliates are responsible for ensuring their tracking code is working properly before sending traffic to linxtter's servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with affiliate links, as determined in linxtter's sole discretion.
g. Affiliates MAY NOT use redirected pages and links to send a user to our site. For example, you may not have a PPC link on a search engine that redirects the user to our site.
h. Domain forwarding is prohibited -- you may not purchase a domain and set it to forward directly to our site using your affiliate link.
i. Affiliates MAY NOT copy linxtter's website or any portions thereof, including, without limitation, any of linxtter's trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without linxtter's prior express written permission.
j. Affiliates MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates) which shall be determined at our sole discretion.
5. Deactivation a. Affiliate accounts may be deactivated at any time without warning or notice at our sole discretion. Any affiliate who violates linxtter's Terms of Service, including without limitation, these Affiliate Program Terms, or any applicable law is subject to having their affiliate account deactivated immediately, and any and all accrued, but not yet received, referral fees will be forfeited.
b. In our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
c. Affiliate accounts generating a large number of fraudulent accounts, as determined in our sole discretion, will be deactivated.
d. Affiliates may not resell hosting. All referred customers must provide their own payment method and contact information to be a Qualified Purchase. If linxtter determines in its sole discretion that an Affiliate is reselling hosting, the affiliate account will be immediately deactivated.
e. If you would like to discontinue your participation in the Affiliate Program at any time, simply remove your affiliate links from your website and no longer promote them. For accounting purposes, our systems will retain your account and personal information.
6. Changes linxtter may change any of the terms and conditions in this Affiliate Agreement, in whole or in part, at any time at linxtter's sole discretion. Unless otherwise provided, such modifications will take effect when posted on linxtter's website and apply to all referral fees that have not yet accrued. If we make any significant changes to this Affiliate Agreement, we will post a notice on this page for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Affiliate Agreement the date of the last revision. In addition, linxtter will use reasonable efforts to provide you with seven (7) days advance notice of any changes that materially impact your participation in the Affiliate Program. Unless otherwise provided, your continued participation in the Affiliate Program following our posting of any modification on our website will constitute your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to deactivate your account as described above.