Infolink represents that, it is a provider of Internet web hosting, e-commerce, and associated services and maintains a network of dedicated server computers, routers, hubs, switches, other equipment and software (collectively the “Network”) which is integrated with the Internet and the World Wide Web.

The CLIENT represents that it is familiar with the operation of the Internet and of INFOLINK’s Network and that it wishes to connect to the World Wide Web utilizing the hardware and software resources of INFOLINK to establish an Internet web presence using INFOLINK’s Network..

Infolink provides Internet server space exclusively for WSI franchisees and Authorized Suppliers (IC’s) for a fee for the express purpose of providing http content. In addition to this our IC’s may also receive Internet mail after taking the steps to set up the mail boxes and forwarding accounts. Users are permitted to access their web space via FTP or the Control Panel to upload files for their web sites. In addition to this we may offer other services that relate to the selling for Internet server space. These services may change from time to time.

SERVICE DESCRIPTION. INFOLINK will host the CLIENT’s Web site online and make it available to be accessed by users of the Internet through the use of an electronic address.  Infolink will perform management and maintenance services as described in the written service proposal accepted by the CLIENT.  The services described above will be performed by INFOLINK for the CLIENT on the terms and conditions described in that same proposal.

ACCEPTABLE USAGE POLICY. The CLIENT is obligated to the lawful use of the service provided by INFOLINK.  Any document or material transmitted in violation of any applicable legal provisions is prohibited, including, but not limited to materials protected by copyright law, materials deemed as immoral or which contradict public morality, which attempt against international peace, public order, or that attempt against private life.  This agreement is also subject to INFOLINK’s Acceptable Usage Policy (“AUP”) that appears at http://www.infolinksa.com.  INFOLINK at its sole discretion may change the AUP at any time.

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Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Infolink Hosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on an Infolink Hosting server, and selling or distributing software (on a Web site residing on a Infolink Hosting server) that facilitates spamming. Violators will be assessed a minimum fine of $300 and will face immediate suspension. Infolink Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

COMMON CARRIER.  INFOLINK and CLIENT agree that INFOLINK is solely acting as a common carrier in its capacity of providing services hereunder, and that INFOLINK is not a publisher of any material or information. The information published in the CLIENT’s Web site will be the exclusive responsibility of the CLIENT, and for that reason, neither INFOLINK, nor its staff, will be responsible for the quality, truthfulness, accuracy, or usefulness of the information that the CLIENT makes available on the Internet.

SERVICE.  CLIENT understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services.  INFOLINK agrees to exercise reasonable care to prevent such occurrences, however, under no circumstances will INFOLINK be held liable for any financial or other damages due to such interruptions. In no event shall INFOLINK be liable to CLIENT or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

WARRANTY/LIMITATION OF LIABILITY. Customer hereby agrees that INFOLINK makes no warranties, express or implied and CLIENT hereby waives any claim based upon any breach thereof.  CLIENT further agrees that INFOLINK shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from INFOLINK to CLIENT shall never exceed, and shall be limited to, a credit allowance not to exceed one (1) months' service fee at current rates. INFOLINK will not be held responsible nor liable under this Warranty for the interruptions and failures in the service resulting from circumstances beyond its control, for the slow network response time arising from excess of traffic, for the loss or delay of information that the CLIENT may suffer, for the noise in the telephone network, or for any other failure in the equipment of the CLIENT or the Internet users which may prevent them from accessing the CLIENT’s Web Site.

INDEMNITY BY CUSTOMER. CLIENT agrees to release, hold harmless, defend and indemnify INFOLINK, its subsidiaries, employees and agents from any claims, damages, including but not limited to consequential damages, or any other liability arising from CLIENT's use of INFOLINK's services and facilities provided to CLIENT under this Agreement, even if INFOLINK has been advised of the possibility of such damages, including payment of INFOLINK's reasonable attorney fees.