These are the Terms and Conditions governing your purchase of a LinkNow® Media Package and any services that LinkNow® Media may provide to you in connection therewith (collectively, the “Services”). By formally accepting these terms through signature, or by purchasing or using any of our services, you accept and agree to be bound by these Terms and Conditions.
LinkNow® Media offers a convenient variety of website design, marketing, hosting services and billing options to satisfy the different and particular needs of its clients. The details of the package you purchased, including any additional add-ons you have selected (collectively, your “Package”) are identified on the work order attached to the purchase confirmation email which includes these terms and conditions. If there are discrepancies between the work order and the Package you selected, please contact our Customer Care at 1-888-667-7186. You acknowledge that none of LinkNow® Media’s packages include website setup on an external server. However, in the event, you would like LinkNow® Media to provide such services, LinkNow® Media may provide such services for a fee. Please contact our Customer Care for more information.
You understand and agree that from time to time, LinkNow® Media, at its discretion, may provide promotional pricing to the above packages. Such promotions are only valid during the promotional period time frame and may not be applied to past or present purchases.
For any Package which includes web design services, you will be billed a one-time design fee and your first monthly recurring fee immediately upon purchasing your Package each of which will be disclosed to you prior to completing your purchase. Upon receipt of confirmation of payment, LinkNow® Media shall devote all reasonable efforts so that your website (hereinafter "the Website") will be live within twenty (20) business days of confirmation of payment and, in the case of domain transfers, DNS changes or A Record adjustments, receipt of the domain name credentials. LinkNow® Media reserves the right, at its sole discretion, to modify this timeline in accordance with the project size and shall inform you in advance of the expected delivery date. For more precision, you understand and agree that the delay necessary to deliver the Website may vary depending on the speed in which you send changes or your material to LinkNow® Media, if any. Should you request to approve the website prior to going live, you understand that we will continue to bill your recurring monthly fee from your account every 30 days from the date of purchase.
Once the Website has gone live, any future changes must be submitted via your Members Area. LinkNow® Media shall undertake to take all reasonable efforts to make (a) text modifications, logo integrations and picture additions submitted via the Members area to the Website within three (3) to five (5) business days from when your changes have been submitted. Changes submitted via email will be completed within five (5) to seven (7) business days from when your changes have been submitted and (b) all other modifications (i.e., other than text modification, logo integrations and photo additions) within fifteen (15) business days of acknowledged receipt by LinkNow® Media of your request.
Payments, billing, payment method options, and past due amounts Payment(s) for your Package or any Services can normally be made via credit card. Additional forms of payment, such as cashier's check, certified check or money order, can only be used when offered as an option during the sign-up process and are restricted to the payment of the one-time design fee together with the prepayment of at least one year of monthly recurring fees.
In all cases, further monthly recurring fees will be billed on the calendar day of the initial purchase date each subsequent month until the end of the applicable contract term as per the monthly rate prescribed in the applicable Package you purchased, and as further described below.
All amounts billed on your account on a given date are due and payable on that date. If any payment for a Package which includes hosting or marketing services is not made when due, we reserve the right to suspend your account and in such circumstances: (i) the Website will no longer be accessible online; and (ii) when you or another person attempts to access the Website using the applicable domain, the Website will be replaced with a message providing that the Website has been suspended. If your account is suspended, you will need to contact Customer Support to reactivate it and pay any outstanding balance in full.
We reserve ourselves the right to attempt to process your credit card payment again if initially rejected as well as collect any delinquent payment owed to us by any legal means available to us. Additional costs may be so incurred and you shall be liable for any such costs which we may incur.
In the case of payments by cashier's check, please note that only certified check or money order are accepted and only as an option during the sign-up process as part of the one-time design fee. In such cases, payment shall be due ten (10) business days after billing. If payment is not received by the applicable due date, your account may be suspended in the same manner as contemplated above. Once your account is suspended, you will need to contact Customer Support to reactivate it and pay any outstanding balance in full. LinkNow® Media does not accept personal checks. If a personal check is received for payment it will be returned and the amount shall be deemed unpaid. Subject to applicable law, if a check is returned you will be charged an additional forty-five dollars ($45) administrative fee.
If your account reaches a sixty (60) days overdue balance, your Website and/or email account and/or any other services provided to you by LinkNow® Media will be terminated without further notice. If your account is terminated and you wish to reinstate it, you will need to contact Customer Support and pay a $199 (plus applicable taxes) reinstatement fee in order to reactivate it. Please note that LinkNow® Media will retain your Website and emails on its back-up servers for a minimum of six (6) months from the deactivation of your Website. After this time LinkNow® Media will not be able to reactivate your account or provide you a copy of your Website.
As provided above, upon your initial purchase of a Package, we will create an account for you and issue you a unique username and password (your "Account"). You represent and warrant to LinkNow® Media that all information that you provide in connection with the creation of your Account is true, accurate, current and complete. LinkNow® Media may rely on the information you provide to identify you and your activity, and you must promptly update and otherwise maintain your information to keep your Account current at all times.
You agree not to give or make available the credentials for your Account to any unauthorized persons. Except to the extent caused by our breach of these Terms and Conditions, (a) you are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party, and (b) we and our affiliates and licensors are not responsible for any unauthorized access to your Account.
Intellectual property you provide LinkNow® Media: You retain all rights, title and interests in any intellectual property you provide LinkNow® Media for the purpose of integrating or otherwise utilizing in connection with the creation of your Website or the performance of our Services to you. You hereby grant to LinkNow® Media and its affiliates a non-exclusive, worldwide, irrevocable, perpetual, royalty free, assignable license (with the right to sublicense to their service providers) to access, use, copy, develop derivative works from, modify, or enhance such intellectual property in connection with the creation of your Website or the performance of our Services. To the extent you provide LinkNow® Media with any intellectual property, you represent and warrant that you are and will be the legal and beneficial owner or authorized licensor of all intellectual property rights in such intellectual property and have the full power and authority to grant the rights contemplated above.
LinkNow® Media Background IP: You hereby acknowledge and agree that the development of your Website and the performance of the Services by LinkNow® Media requires certain skills, know-how and intellectual property owned or licensed by LinkNow® Media (collectively, “Background IP”). Notwithstanding anything to the contrary, all Background IP remains vested in LinkNow® Media.
Subject to LinkNow® Media retention’s of its Background IP and the last paragraph of this Section, upon payment in full of all applicable design fees, LinkNow® Media hereby assigns ownership of the Website to you and, subject to the last paragraph of this Section, LinkNow® Media grants you a non-exclusive, perpetual, royalty-free license to use its Background IP to the extent necessary to exercise your rights in the Website and benefit from the Services provided to you. Upon written request, LinkNow® Media will provide you with a copy of the Website by email, unless there is any balance owed on your account, in which case full payment will be required prior to release.
Registration of the domain name and/or email accounts, if these were not initially provided by yourself, shall be transferred to you within a reasonable time upon written request to LinkNow® Media, as long as all outstanding fees owed by you have been paid.
Notwithstanding the foregoing, in the event your Website was developed as per one of LinkNow® Media's promotions, and you are paying the one time design fee as part of a month-to-month fee, registration of the domain name, if it was not initially provided by you, ownership of the Website shall remain with LinkNow® Media until LinkNow® Media has received payment for six (6) months of monthly fees from you at which time ownership of the Website shall be automatically transferred to you as contemplated in paragraph 3 of this Section and LinkNow® Media will arrange for the registration of the domain name to be transferred to you upon your request.
Notwithstanding anything to the contrary in these Terms and Conditions, you understand and specifically accept that LinkNow® Media may utilize, from time to time, in its discretion as is customary in the industry, pictures or graphical elements which are the property of others and licensed to LinkNow® Media for inclusion in websites LinkNow® Media designs for its clients. Such pictures or graphical elements remain the property of their owners and LinkNow® Media's client is only extended the benefits under LinkNow® Media's license agreement with their respective owners and solely for the usage in the Website. You understand and agree that you are not allowed to use these pictures or graphical elements anywhere other than as part of the Website, including, for example and without limiting the generality of the preceding, in print format, letterhead, Powerpoint presentations or similar. Violations of this paragraph may result in the owners of said material taking legal action against you.
LinkNow® Media provides to all of its clients who purchase a Package which includes hosting services an allotted monthly bandwidth of 3000MB (the “Bandwidth Limit”).
If you have prepaid ongoing Services (such as hosting or marketing services), on the last day of the applicable contract term, the Services will automatically be renewed on a month-to-month basis at the then current monthly posted rates. Should you decide to cancel any ongoing marketing or hosting Services with LinkNow Media before the end of your prepaid term, 50% of the remainder of your prepaid term is non-refundable. For clarity, LinkNow® Media does not offer refunds for web design services or services performed up to and including the date of cancellation.
Subject to the first paragraph of this Section, you may modify or cancel your Package which relates to hosting or marketing services at any time, including at the end of the applicable contract term. To do so, you must either (A) contact our Account Support Department by phone only no later than three (3) business days prior to one of: 1) your next monthly billing, 2) the end of the applicable contract term, or 3) any renewal thereof, OR (B) send a written notice of cancellation or modification of plan sent to LinkNow® Media via USPS mail with proof of delivery and signature at 4700 De La Savane Suite 210, Montreal, QC, Canada, H4P1T7 and such notice must be received by us no later than three (3) business days prior to one of: 1) your next monthly billing, 2) the end of the applicable contract term, or 3) any renewal thereof provided that such written notice must be subsequently validated by phone with the owner of the applicable account. For more clarity, under no circumstance will emails be accepted by LinkNow® Media for purposes of cancelling or modifying a Package. You understand and agree that LinkNow® Media reserves itself the right, in the event of a cancellation, including those that might result in a refund to you, to charge you or withhold up to fifty dollars (50$) on said refund in order to cover its electronic payment fees as well as other costs it incurs in such events.
Upon receipt of a valid bona fide notification, LinkNow® Media will deactivate the Website and no further monthly payment will be charged to you. LinkNow® Media will always issue a cancellation email notification. You should make sure that you have received this email as proof that your cancellation has been successfully processed by LinkNow® Media.
LinkNow® Media will retain your Website and emails on its back-up servers for a minimum of six (6) months from the deactivation of your Website. During this time, at your request, LinkNow® Media will: (i) reactivate your Website subject to a $199 (plus applicable taxes) reinstatement fee or (ii) provide you a copy of your Website provided the ownership of the Website has been transferred to you in accordance with, and as contemplated in, the Ownership of Intellectual Property section above. Once your Website has been deleted from LinkNow® Media’s back-up servers, LinkNow® Media will be unable to reactivate your Website and/or provide you a copy of your Website.
You may not use the Services of LinkNow® Media, including the Website, for unacceptable uses. Such uses, as deemed by LinkNow® Media in its sole discretion, will result in an immediate termination of all services provided by LinkNow® Media, including the deactivation of the Website.
Unacceptable use includes, but is not limited to, any of the following:
1. Posting, transmission, re-transmission, or storing material on or through any of LinkNow® Media's products or services, including the Website, if in the sole judgement of LinkNow® Media such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) offensive; (d) obscene; (e) indecent; or (f) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services;
2. Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer;
3. Resale of LinkNow® Media's products and services without the express prior written consent of LinkNow® Media;
4. Deceptive marketing practices;
5. Actions that restrict or inhibit anyone - whether a customer of LinkNow® Media or otherwise -in his or her use or enjoyment of LinkNow® Media's products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services;
6. Introduction of malicious programs into the LinkNow® Media network or servers or other products and services of LinkNow® Media (e.g., viruses, trojan horses and worms);
7. Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information;
8. Executing any form of network monitoring that will intercept data not intended for the customer;
9. Circumventing user authentication or security of any host, network or account;
10. Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack);
11. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session;
12. Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of LinkNow® Media's products or services;
13. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam"); or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam;
14. Harassment, whether through language, frequency, or size of messages;
15. Unauthorized use or forging of mail header information;
16. Solicitations of mail or any other email address other than that of the poster's account or service, with the intent to harass or collect replies;
17. Use of unsolicited email originating from within the LinkNow® Media network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by LinkNow® Media or connected via the LinkNow® Media network;
18. Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or Canada, or without all required approvals, licenses and exemptions;
No failure or delay in exercising or enforcing these Terms and Conditions shall constitute a waiver of these Terms and Conditions or of any other right or remedy. If any provision of these Terms and Conditions is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Notwithstanding anything to the contrary, account termination by LinkNow® Media due to any violation of the present Unacceptable Use Policy will result in automatic acceleration of all amounts payable under the present Terms and Conditions for the remaining of the Term and/or forfeiture of all funds already received.
As noted above, LinkNow® Media does not offer refunds for web design services or services performed up to and including the date of cancellation. In the event you would like to cancel any ongoing marketing or hosting services with LinkNow® Media before the end of your prepaid term, 50% of the remainder of your prepaid term is non-refundable. Refund requests are never approved by email, and must be validated with the account holder over the telephone. Any money refunded is done so through the exact same method by which it was originally paid. Refunds cannot be issued in any other fashion. In case of an authorized refund, receipts will be emailed to the email address you have provided to LinkNow® Media.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, (I) LINKNOW® MEDIA OFFERS ITS SERVICES (INCLUDING, WITHOUT LIMITATION, YOUR WEBSITE) ON A "'AS IS" AND “AS AVAILABLE” BASIS; AND (II) LINKNOW® MEDIA, ITS AFFILIATES AND LICENSORS GIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES (INCLUDING, WITHOUT LIMITATION, YOUR WEBSITE) INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS,SUITABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PURPOSE. ALL SUCH REPRESETATIONS, WARRANTIES AND CONDITIONS ARE HEREBY DISCLAIMED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE EXTENT OF LINKNOW® MEDIA'S LIABILITY UNDER THESE TERMS AND CONDITIONS, WHATEVER THE CAUSE, SHALL BE LIMITED TO DIRECT DAMAGES IN THE AMOUNT PAID BY YOU TO LINKNOW® MEDIA DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LINKNOW® MEDIA'S LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LINKNOW® MEDIA SHALL NOT BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN DISCLOSED TO LINKNOW® MEDIA PRIOR TO THEIR OCCURRENCE.
In the event that you subscribed for additional search engine optimization services (commonly referred to as "SEO") and similar services from LinkNow® Media, you understand and acknowledge that LinkNow® Media is not Google or any other search engine operator and that LinkNow® Media cannot guarantee ranking. LinkNow® Media will devote, within the limits of the services subscribed, reasonable efforts to improve the Website ranking with key word optimization, brainstorming with you, providing you with assistance for your content development at its discretion.
You will defend, indemnify, and hold harmless LinkNow® Media, its affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) your access to, or use of, the Website or any Services we provide to you to the extent attributable to you, (ii) your violation of these Terms and Conditions; (iii) any breach by you of applicable laws; and (iv) your infringement of any intellectual property or other right of any third party.
LinkNow® Media reserves itself the right to change these Terms and Conditions at any time. Any such change shall however be suspended until the end of the then current contract term and apply only to renewal thereof. If you feel the changes are unacceptable, you may cancel your Package as described in the Renewal Section of these Terms and Conditions.
For the purposes of these Terms and Conditions, the date and time of any transaction will be the date and time in the U.S. Eastern Time Zone, including adjustments for Daylight Savings Time.
Taxes will apply wherever applicable by law.
All charges and/or amounts are billed in U.S. dollars. LinkNow® Media reserves the right to charge interest for all unpaid amounts in the amount of eighteen per cent (18%) per annum until such unpaid amounts are fully paid.
LinkNow® Media does not sell, trade or otherwise transfer your personal information to outside parties. This does not include outside parties who assist us in building and operating our client's website, or servicing our clients so long as those parties agree to keep this information confidential. We may also release this information when we believe release is appropriate to comply with the law, enforce our sites policies, or protect ours or others rights, property, or safety.
You agree that these Terms and Conditions shall be construed under and shall be governed by the laws of the province of Quebec, without regard to conflict of law's provisions. You hereby absolutely, irrevocably and unconditionally waive trial by jury in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of LinkNow® Media and yourself, these Terms and Conditions or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing. Any claim arising out of the present agreement, any dispute concerning the enforcement thereof, including its cancellation, and any dispute arising from a problem of interpretation of the present agreement shall be submitted to arbitration, and at the exclusion of ordinary courts. The parties hereto agree that the current provisions of Articles 940 and following of the Code of Civil Procedure shall govern any arbitration held under this section. For the purpose of the present agreement, the parties elect domicile in the judicial district of Montreal, Quebec, Canada. The parties to these Terms and Conditions hereby confirm their express wish that these Terms and Conditions, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms and Conditions be in the English language only and declare themselves satisfied with this; Les parties aux présentes conditions générales par les présentes confirment leur volonté expresse que ces termes et Conditions, ainsi que tous les autres documents concernant, y compris mais non limité à tous les confirmations, les avis, les dispenses, consent et autres communications entre les parties dans le cadre de ces termes et Conditions être en langue anglaise seulement et se déclarent satisfaits de cela.