Residential Terms of Service
Effective as of May 6, 2014.
READ THESE RESIDENTIAL TERMS OF SERVICE CAREFULLY.
- LinkBermuda’s Acceptable Use Policy posted here here (“AUP“);
- LinkBermuda’s Fair Use Policy posted here (“FUP“); and
- any additional LinkBermuda operating rules, policies and price schedules published from time to time on this Website or otherwise properly notified to You in accordance with applicable law, all of which are incorporated herein by reference and collectively form these “Residential Terms of Service” or “RTOS“.
1. Link Residential Services
Link’s residential product and service offerings are posted here (“Services“). Link is solely responsible for the Services We deliver to You under this RTOS. You expressly agree and acknowledge that Link may procure any portion of the Services from qualified affiliates and/or third party suppliers (each a “Supplier” and collectively, “Suppliers“) provided that We be and remain liable for all of Our obligations created under this RTOS. Link shall use commercially reasonable skill and care in providing Service, but cannot guarantee fault-free performance. If you do not agree with the foregoing please do not sign up for Link Services.
2. Your Acceptance of RTOS; Service Term Commencement
2.1 By signing up to use a Service and/or each time You use such Service, You assent to and affirm Your acceptance of these Residential Terms of Service and agree to comply with them now and throughout the period of Your use of the Service (“RTOS Acceptance“). If You do not agree to these Residential Terms of Service in their entirety do not use the Services. You agree that We may modify the Residential Terms of Service at any time by posting a revised version of these Residential Terms of Service on Our Website here, provided that such revised RTOS shall be effective only as follows:
(A) thirty (30) days after posting if the revised RTOS are for any then-existing Service, save for a change that reduces Your Charges or is required by law; and
By continuing to use or receive the Services after the effective date of any revision to this RTOS, You agree to be bound by the revised RTOS. It is Your responsibility to check Our Website pages regularly for changes to this RTOS. You can also contact Link via email at [email protected] to obtain up-to-date information on the terms of your Service.
2.2 Service Term Commencement. Unless otherwise expressly provided, Service will commence upon the earlier of Link’s acceptance of Your completed Service “Sign Up” order form (” Sign Up Form“) or Your use of the Service,and will continue until the applicable Service is terminated by You or Us pursuant to this RTOS (“Term“). As a condition of Service, Link reserves the right to require credit reference(s) and/or a security deposit from You if We find it appropriate, in Our sole and reasonable discretion.
3. Your Authorization and License to Use the Services and Link Information.
3.1 Subject to Link’s acceptance of Your completed Sign Up Form and Your compliance with this RTOS including the payment requirements for Services, We hereby grant You a limited, non-exclusive, non-transferable, non-sublicenseable right and license, in and under Our intellectual property rights, to access and use the Services, solely in accordance with this RTOS. In connection with Your use of the Services, solely as a convenience for You and solely at Your election, We may make available to You for Your installation and/or use in connection with the Services, from time to time, a variety of software (in object code form only), firmware, data, printed and electronic documentation, and/or other forms of digital content, data, text, images, logos, user interface designs and other creative designs, audio and video (collectively “Link Information”). Subject to Your acceptance and ongoing compliance with this RTOS, We hereby grant to You, without the right to sublicense, a limited, non-exclusive, non-transferable license during the Term, under Our intellectual property or proprietary rights in the Link Information, only to install, copy and use the Link Information solely in connection with and as necessary for Your use of the applicable Service and strictly in accordance with the terms and conditions of this RTOS.
3.2 In consideration for Your right to use the Services and Link Information You agree as follows:
(A) You may use the Services only for legal purposes and in accordance with this RTOS, including without limitation the AUP and FUP;
(B) You may not interfere or attempt to interfere in any manner with the functionality or proper working of the Services;
(C) You may not compile or use any Link confidential or proprietary information or any other information obtained through the Services for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate any applicable anti-spamming laws or regulations;
(D) You may not remove, obscure, or alter any notice of any trademark or service mark, or other intellectual property or proprietary right designation appearing on or contained within the Services, Link information, Service Equipment (as defined below), or Link Device (as defined below);
(E) You may not modify, alter, tamper with, repair, or otherwise create derivative works of any software included in or accessed via the Services or LinkBermuda information; and
(F) You may not, and may not attempt to, reverse engineer, disassemble, or decompile the Link Information or the Services or apply any other process or procedure to derive the source code of any software included in or accessed via the Link Information or Services.
4. Service and Service Equipment
4.1 During the Sign Up Form process You will be notified of any equipment requirements relating to Your selected Service. Because of the continual grooming and upgrading of the electronic communications facilities used by Link and its Suppliers, if You do not use the appropriate equipment for Your Service We do not warrant or guarantee that Your equipment will be compatible with Our Service or that Our Service will be available to You. Any equipment that You purchase from Us or that We may provide You free of charge as part of Your Service is referred to in this RTOS as “Service Equipment.
4.2 You acknowledge and agree that Your RTOS Acceptance automatically authorizes Us, either directly or through Our Supplier, to install Your requested Service at the location(s) (“Premises“) specified in Your SignUp Form. Such authorization grants Us and our Suppliers the right to:
(A) enter upon and over the Premises at reasonable times to install, connect, disconnect, inspect, repair, maintain or alter the Service facilities and/or Service Equipment at any time during the RTOS Term;
(B) use any existing equipment in any manner necessary to install the Service and/or Service Equipment at the Premises; and
(C) assess a reasonable additional charge if You are not present at the Premises or prevent or delay any scheduled installation, maintenance or repair services from being performed.
If You are not the owner of Your Premises, You agree to defend, indemnify and hold Link harmless from any and all claims of the owner or any third party arising out of Our performance of this RTOS.
4.3 We shall provide You any information necessary for You to prepare Your Premises reasonably in advance of any Service and/or Service Equipment delivery and installation. You shall be responsible for any authorizations needed by Us to deliver, install and maintain the Equipment at Your Premises. You shall be responsible for providing Us prompt and reasonable assistance and facilities to install and if applicable, maintain or repair the Service Equipment and all necessary electrical and other installations and fittings.
4.4 All risk of loss, theft or damage to Service Equipment that You purchase or obtain from Us shall pass to You upon its delivery or installation at Your Premises and shall remain with You. Any applicable Service Equipment manufacturer warranties that are made available and provided to Us by Our Suppliers shall be provided to You. Service Equipment shall be repaired or replaced in accordance with such manufacturer warranties or pursuant to the terms of any extended warranty program. You acknowledge any such warranty will be void in the event of Your misuse, negligence or other failure to perform routine maintenance in accordance with manufacturer’s user operating manual; incorrect environmental conditions (including incorrect temperature or humidity) or any non-compliance which may consist of failure, fluctuation or surges of electric power supply to the Service Equipment; electromagnetic interference with the Service Equipment; lightening, fire, flood, act of God or other casualty; or accidental or deliberate damage to the Service Equipment.
4.5 If You provide or arrange with a third party for the selection, installation, operation, and maintenance of any electronic communications equipment, service or software on or between Your Premises and Our network (“Customer Provided Equipment, Service and Software” or “CPESS“), We shall have no responsibility for the through transmission of signals, or for the quality of and or defects in signals sent or received by such CPESS. We are not be responsible for testing, certifying or inspecting any CPESS, and We shall not be responsible if such CPESS becomes obsolete or requires modification due to changes in Our equipment, network or operations. If any CPESS impairs Our Service to You, You shall nevertheless be liable for the payment of all Charges (defined in Section 10). In any such case, You agree that We shall have no liability to You for any loss, cost or damage (including, without limitation, any special, direct, indirect or consequential damages) related in any way to a failure of deficiency in the installation or use of such CPESS. If in Our reasonable discretion any CPESS causes or is likely to cause damage to Our Service or network We may temporarily suspend Your Service until You have addressed the issue giving rise to the suspension. In such event We will make all reasonable efforts to provide You prior notice of any such Service suspension.
5. Termination and Suspension
5.1 Termination. Either You or Link may terminate this RTOS for convenience upon forty-five (45) days prior written notice. If We so terminate Service We will notify You in writing by email in accordance with Section 15.1 below. If You so terminate Service You must notify Link via email at [email protected]. To the extent You sign up for a Service that enjoys discounted rates based on a minimum Service term and You terminate early You will be charged 50% of the amount payable through the end of the Service term. Please ensure that You retain a copy of the email You receive from Link confirming that Your Service will be terminated in forty-five (45) days.
5.2 Termination or Suspension by LinkBermuda for Cause. We may, in Our absolute discretion, suspend Your right to use any Service or terminate this RTOS in its entirety effectively immediately for cause as set forth below:
(A) You are in default of Your payment obligations hereunder;
(B) We determine in Our sole opinion that Your use of the Services poses a security or service risk that may subject Us or any third party to liability, damages or danger;
(C) You use the Services in a way that harms, disrupts or threatens the Services or interferes with the communications network or equipment of Link or its Suppliers;
(D) We determine in Our sole opinion there is evidence of fraud with respect to Your account;
(E) You use the Services for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party;
(F) You use Your Link Backup Service to (i) store, backup or distribute any illegal or unauthorized files or data; (ii) store, backup or distribute material protected by intellectual property rights of a third-party unless You own or have appropriate rights to such material;
(G) You directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of any Link Service or any Link Information, including the Client or any Link Device(as defined below);
(H) You remove or alter any Link, Supplier or other third party proprietary notices (e.g., copyright, trademark notices, legends, etc.) from any Link Service, Link Information, Service Equipment, Link Device, Link website or Third Party Sites (as defined below);
(I) If You (or Your business) declares bankruptcy or is declared bankrupt or has a trustee, receiver, liquidator or administrator appointed in respect of Your assets or suffer any other similar consequence of debt in Bermuda or elsewhere;
(J) We are directed by lawful authority to do so; or
(K) You otherwise commit a breach of this RTOS.
5.3 Effect of Suspension or Termination.
5.3.1 Suspension. If We suspend Your use of Services, in whole or in part,for any reason other than for cause under Section 5.2 (i) fees will continue to accrue for any Service not so suspended that are still in use by You; (ii)You will remain liable for all fees, charges and any other obligations You have incurred through the date of suspension with respect to the suspended Service; and (iii) all of Your rights with respect to the suspended Service shall be terminated during the period of the suspension unless otherwise expressly provided in this RTOS.
5.3.2 Termination. Upon termination of this RTOS for any reason:
(A) You are liable for all Charges and any other obligations You have incurred through the date of termination with respect to the Services;
(B) If You purchased Service Equipment under a Payment Plan then all remaining Charges for such equipment shall become immediately due and payable;
(C) With respect to Your Link Backup Service, You will no longer be able to use such Service or access Your Backup Account and Your User Data will be erased;
(D) all of Your rights under this RTOS shall immediately terminate save as expressly provided in Section 5.3.4; and
(E) You shall immediately return,or if instructed by Us, destroy or permanently delete all Link proprietary, trade secret or confidential information.
5.3.3 Termination of Multiple Line Accounts. If You request Your new service provider to port a number from Us and You have multiple numbers assigned to Your account and/or LinkMe Voice Adapter on Your account, You are required to inform Us of Your intent to terminate the Service(s) on Your account, prior to the successful completion of the requested port or We will select the most appropriate billing plan for any remaining numbers and/or Link Me Adapter on Your Link account, and You will continue to be responsible for all the Charges associated with the remaining services on Your Link account. Once the port of the requested number is completed, You will remain responsible for all Charges through the end of that billing cycle, applicable to the ported number.
5.3.4 Survival. In the event this RTOS is terminated for any reason, Sections 3.2, 4.4, 4.5, 5, 6.6, 7.8, 10.5, 12, 13, and 14 will survive any such termination.
6. Terms Specifically Relating to Link Voice and Broadband Internet Services.
6.1 Link Unlimited and Other Long Distance Voice Service Plans. In connection with designating a number for Your Link Unlimited and other Long Distance Service Plans You agree to the following:
(A) You will choose a designated number that will be and remain attached to a land line or mobile phone.
(B) If using a mobile phone, You will be responsible for any roaming charges incurred.
(C) You will be solely responsible for any charges levied by a carrier other than Link for any long distance calls.
(D) Rates that apply to calls You make can be found at here.
(E) Only calls made from Bermuda are covered under Link’s Unlimited and other Long Distance Service Plans.
(F) You will comply with Link’s FUP.
6.2 Charging for Your Long Distance Calls. With respect to Your Long Distance Service Link commences charging when a call is answered, that is, when a connection is made between Your telephone and some other device (including, without limitation, a person, an answering machine, wrong number, a voice mail box, fax machine or PBX). We stop charging when the call is disconnected. Minimum connection time is one (1) minute. You agree to pay Us for Your Long Distance Service whether You or someone else uses this Service. In case of any dispute arising from incoming collect calls the statement of the foreign administrator shall be conclusive evidence that such call was accepted by You.
6.3 Local Call Charges. If You are using a mobile phone, You are responsible for any local call charges applicable to the Service. You agree to pay Us for Your Local Call Service whether You or someone else uses this Service.
6.4 Anti-Spam and Spam Quarantine. Link’s mail server places any suspected spam messages into a quarantine queue on Our mail server. Every eight (8) hours Our system checks to see if there are any messages in this quarantine queue for individual customer email accounts. If there are any messages present an email report will be sent to You displaying the messages that have been quarantined. This email contains options that allow you to authorize, deliver, delete, blacklist or display the quarantined messages.
6.5 Ownership of IP Addressing. You acknowledge that you have no proprietary rights in the internet protocol (“IP“) addresses assigned to You by Link and that Link may be required to change, vary or withdraw IP addresses for any reason.
6.6 Fraud. Link does not monitor the usage of customer premises equipment (“CPE“, e.g., PBX equipment) and the monitoring of the Charges incurred by You in connection with the Service provided under this RTOS is solely Your responsibility. Your use of CPE (e.g., PBX equipment) does not provide You immunity from fraudulent intrusion or hacking, nor relieve You from liability for the Service Charges that result from such activity. You are solely responsible for ensuring that You have taken all measures to prevent such fraudulent use of Your CPE, which may include hacking or any form of toll fraud, rogue dialing or other forms of fraud that causes Your CPE to make calls or incur Charges that You are not aware of. You will be held solely liable for any loss that You may incur as a result of any failure to comply with the foregoing provision or as a result of any fraudulent activity that is conducted against You through Your CPE. You shall be solely responsible for the operation and performance of Your PBX equipment and You expressly agree to have any such equipment regularly monitored for potential security breaches.
6.7 LinkMe Voice Service – Terms Specifically Relating to Link’s Voice Over the Internet Protocol (“VoIP”) Service This Section 6.7 sets forth additional terms and conditions governing Your use of Our LinkMe Voice Service including any LinkMe Voice Adapter or LinkMe Voice App used in conjunction with the LinkMe Voice Service. Our LinkMe Voice Service is not a traditional telephone service. LinkMe Voice is a local residential voice service that is based on VoIP (Voice Over Internet Protocol) technology which allows telephone calls to be made across data networks such as the Internet. In order to use Our LinkMe Voice Service you will need a Link approved IP connection device (“LinkMe Voice Device”), such as an analog telephone adapter (“LinkMe Voice Adapter”) or software application (“LinkMe Voice App”). Any LinkMe Voice Adapter You purchase from Us shall be considered Service Equipment under this RTOS and subject to all applicable terms and conditions, including Section 4. Our LinkMe Voice Service is provided to You solely for individual use.
(A) LINKME VOICE EMERGENCY SERVICES – 911 DIALING
(1) Non-Availability of Traditional 911 or E911 Dialing Service. LinkMe Voice provides a form of 911 service (“911 Dialing”) that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (“E911”) available in Bermuda and most locations elsewhere in conjunction with traditional telephone service. With both traditional 911 and E911 service, Your call is sent directly to the nearest emergency response centre. The E911 service has the additional feature of making Your call back number and address visible to the emergency response centre call-taker. With LinkMe Voice’s 911 service, Your call is sent to the emergency call centre. The call centre operator will request or confirm Your location information and then take appropriate emergency action. You should be prepared to provide or confirm Your address and call-back number with the operator. If You use a WiFi or LinkMe Voice Soft-Phone, Your 911 calls may be routed to the national emergency response centre, however, emergency personnel do not receive Your phone number or physical location information. Do not hang up unless told directly to do so and if disconnected, You should dial 911 again. While this process will work in most instances and result in the appropriate emergency response, You should recognize its limitations and not rely on it as You would an E911 service.
(2) Service Outages. LinkMe Voice 911 Dialing service will not function in the event of a power or broadband outage or if Your broadband, ISP or LinkMe Voice Service, or mobile network where You are using a mobile application, is suspended or disconnected. You must maintain Your broadband connection in order to use the LinkMe Voice Service, or, for certain mobile applications, a WiFi or other data connection (e.g., 3G/4G) which We do not provide. The LinkMe Voice Service may be used with devices such as wireless telephones, mobile telephones, smartphones, PDA’s or other Android or Apple tablets or devices which We may or may not provide. Following a power failure or disruption, You may need to reset or reconfigure Your LinkMe Voice Adapter prior to utilizing the LinkMe Voice Service, including 911 Dialing.
(3) Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the LinkMe Voice Service as compared to traditional 911 Dialing over traditional public telephone networks.
(4) Conveying Limitations to Your Other Household Residents and Guests. You should inform any household residents, guests and other persons who may be present at the physical location where You utilize the LinkMe Voice Service, of the important differences in and limitations of LinkMe Voice’s VoIP 911 Dialing service as compared with E911 service, as set out above.
(5) Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using Our LinkMe Voice 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of emergency response centres. We rely on third parties to assist Us in routing 911 Dialing calls to the emergency response centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Link nor its officers, directors, employees, affiliates or agents and any other service provider who furnishes services to You in connection with the LinkMe Voice Service may be held liable for any claim, damage, or loss, and You hereby waive any and all such claims or causes of action, arising from or relating to Our 911 Dialing service unless such claims or causes of action arose from Our gross negligence, recklessness or wilful misconduct. You shall defend, indemnify, and hold harmless Link, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to You in connection with the LinkMe Voice Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, You or any third party relating to the absence, failure or outage of the LinkMe Voice Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the LinkMe Voice Service to be able to use 911 Dialing or access emergency service personnel.
(6) Alternate 911 Arrangements. If You are not comfortable with the limitations of the LinkMe Voice Service 911 Dialing service, You should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the LinkMe Voice Service.
(B) USING LINKME VOICE SERVICE AND LINKME VOICE DEVICES OUTSIDE BERMUDA. We encourage you to use Our LinkMe Voice Service to place calls to foreign countries from within Bermuda and to use this service as you travel, however Link offers and supports the LinkMe Voice Service only in Bermuda. Our LinkMe Voice Service is designed to work generally with unencumbered high-speed Internet connections. If the high-speed Internet connection You are using is provided by an Internet or broadband service provider other than Link and such third-party provider or local law places restrictions on the usage of VoIP services, Link does not represent or warrant that Your use of the LinkMe Voice Service is lawful or permitted by such third party provider. You are solely responsible for any violations of local laws and regulations resulting from such use. If you use Our Service via a mobile application, these Terms of Service also apply when you use the Service outside of Bermuda.
(C) LINKME VOICE SERVICE
(1) Limitation of Liability. In addition to Section 12.7, We hereby notify You that We will not be liable for any delay or failure to provide the LinkMe Voice Service, including 911 Dialing or Your blocking of an emergency number (e.g., police, fire department, hospital), at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- an act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to You or to Us;
- outage of, or blocking of ports by, Your third party Internet or broadband service provider or other impediment to usage of Our LinkMe Voice Service caused by any third party;
- any act or omission by You or any person using Our LinkMe Voice Service; or
- any other cause that is beyond Our control, including, without limitation, a failure of or defect in any LinkMe Voice Device, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Dialing) to be connected or completed, or forwarded.
(2) Disclaimer of Liability for Damages. IN NO EVENT WILL LINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS RTOS OR THE LINKME VOICE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE LINKME VOICE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
7. Terms Specifically Relating to Link’s Backup Service
7.1 This Section 7 governs Your use of Link’s online backup service including the Link website, any downloadable client software application which runs on Your desktop computer or local operating system of a mobile or other device (a “Client“) which is provided solely for the purpose of accessing the Backup Service, and any updates, upgrades, new versions and written or electronic documentation provided to You in connection with this Service (collectively, the “Backup Service“). Link’s Backup Service provides for the storage and recovery of computer, electronic and/or digital files. Our Backup Service is intended to provide You with a backup of files from which files can be restored. Typically, the Backup Service will consist of electronic transmission of data over a platform or medium (such as the Internet) to a location maintained to store such data. Users may then have access to retrieval of such stored data. The Backup Service may be provided through any one or more media or technology platforms, including for example, the Internet or mobile telephony. Link’s Backup Service is only available to You if You use one of Link’s Broadband Internet Services. The terms of this Section 7 apply to Your Use of Link’s Backup Service whether this Service is provided to You for a fee or free of charge.
7.2 To access and use Link’s Backup Service You must create an online backup account that is protected by a username and password (Your “Backup Account“). You agree to provide Link with accurate and complete information when You register for a Backup Account. You agree to keep Your password and other Backup Account details secret, and not share them with anyone else, in order to prevent unauthorized access to Your Backup Account. If Your contact information or other Backup Account information changes, You must update Your Backup Account details promptly. After You create a Backup Account, You may upload, download and access content and materials (Your “User Data“) for which You have a legal right to copy, publish, share, store, or otherwise use.
If You obtained access to the Backup Service through a legal entity such as Your business, You acknowledge and agree that other users may have been designated to access, control or manage Your Backup Account and Your User Data. You, not Link, are solely responsible for Your Backup Account and User Data. Link is not liable for any loss or damage arising from any access to, sharing or use of, Your Backup Account and User Data. If You believe there has been unauthorized access to Your Backup Account or Your User Data, You must notify [email protected] immediately.
7.3 Suspension or Termination of Link’s Backup Service. In the event of a suspension by Us of Your access to Our Backup Service for any reason other than “for cause” under Section 5.2, during the period of suspension (i) We will not take any action to intentionally erase any of Your User Data stored on the Services; and (ii) applicable Service data storage charges will continue to accrue. In the event of any termination by Us of Your Service, in whole or in part, or termination of this RTOS in its entirety, (other than “for cause” under Section 5.2), We will erase Your User Data stored on Link’s Backup Service. After termination of Your Backup Service You will no longer be able to use such Service or access Your Backup Account or User Data. You acknowledge and agree that after termination of Your Backup Service it is Link’s policy to erase all User Data protected by Your Backup Account that is stored on Link’s servers or on Our cloud storage Suppliers.
7.4 Free Link Backup Service. As part of its Service offerings Link may offer a free Backup Service, whether on a trial or ongoing basis. Free Link Backup Service requires an active Backup Account and may be subject to usage limits. You will be subject to applicable fees if you exceed Your usage limit for the Free Backup Service. Free Backup Service associated with a Backup Account that remains inactive for a period of ninety (90) days may be removed and Your User Data deleted. Link may discontinue Your free Backup Service in accordance with the applicable Service offering, at which point Your access to the free Backup Service will end and Your User Data will be deleted.
7.5 Compliance with Law. You are solely responsible for ensuring that Your use of the Link Backup Service is in compliance with all applicable laws and regulations. Our Backup Service provides for the uploading and downloading of User Data, and the accessing, hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for Your User Data. Link does not endorse and has no control over the content of User Data submitted by other users. Link assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. In addition, the Backup Service may use data received or obtained from Your device to determine Your location (“Location Data“). By using the Backup Service, You hereby consent and permit Link to use Location Data in order to provide Backup Service to You. Link does not make any representation, warranty or guarantee of accuracy, completeness or timeliness with respect to any Location Data.
7.6 Limited Licence. The Client is licensed to You for the sole purpose of accessing Our Backup Service. Link’s Backup Service may automatically update the Client installed on Your computer, tablet, smartphone or any other electronic device (each, a “Device”) when a new version is available. While You have an active Backup Account, Link grants You a revocable, limited, personal, non-transferable, non-exclusive and non-assignable license to download, install, access and use the Client and Backup Service for Your personal or internal business purposes only. For the avoidance of doubt, the Client is licensed, not sold, to You and You may use the Backup Services only in accordance with this RTOS and any customer support available at www.Link.bm. Link’s Backup Service may contain, or Link may provide to You, Supplier products, software or programming, or You may obtain third-party hardware, products, software or programming from third parties directly (“Third-Party Components“), and You acknowledge that license terms accompanying such Third-Party Components will govern their use. Except for the limited license granted herein, You acknowledge that Link, its Suppliers or other third parties own all right, title and interest in and to the Backup Service, all copies thereof and all proprietary rights therein, including copyrights, patents, trademarks, logos, domain names or other brand features of Link. You are permitted to use and install the Client on one or more computers, provided that the same are for Your own personal, non-commercial use for the sole purposes for which the Backup Service and Client are designed. You may not, under any circumstances whatsoever, use the Backup Service or Client in a manner or for a purpose for which the Backup Service or Client are not intended or designed.
You may not, under any circumstances whatsoever, make any copies (or attempt any duplication), whether directly or indirectly, of the Client for any reason. In addition, You may not in any event, directly or indirectly, do any of the following: (a) remove any copyright, trademark, or other proprietary notices affixed to the Client; (b) sell, transfer, rent, lease, or sub-license the Client to any third party; (c) alter, change, repurpose or modify the Client; (d) make the Client available over a network where it could be used by multiple computers at the same time; (e) reverse engineer, disassemble, decompile or attempt to derive source code from the Client; (f) prepare derivative works, improvements or intellectual property based on the Client; (g) use the Client for any unlawful, immoral, unethical or unreasonable purpose or activity; or (h) cause or intend the Client to be used in any way or manner that may violate the intellectual property or other personal rights (including, but not limited to, privacy rights and ownership rights) of any other person or entity.
7.7 Upgrades. In its sole and absolute discretion, We may (but shall be under no obligation to do so), from time to time, offer fixes, updates, and upgrades to You, including, but not limited to, new versions of the Client. You may accept or reject such fixes, updates, or upgrades at Your sole discretion and at Your own exclusive risk. While We may offer such items, We are not required and are under no obligation to provide any maintenance or services to You, including (without limitation) any support, updates, enhancements, or other modifications to the Client. Unless expressly stated otherwise in writing, the terms of this RTOS will govern any Client software or Backup Service fixes, updates, or upgrades provided by Us that replaces, modifies or supplements the Client. We may also choose to make any fixes, updates or upgrades available by automatic download, wherefore You are hereby deemed to accept fixes, updates or upgrades upon Your automatic download of the same.
7.8 Disclaimer of Warranties; Limitation of Liability. YOUR INSTALLATION, USE AND ACCESS OF THE LINK BACKUP SERVICE AND CLIENT IS AT YOUR SOLE DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICE, SOFTWARE AND THE LOSS OF YOUR USER DATA THAT RESULTS FROM THE USE THEREOF. YOU ACKNOWLEDGE AND AGREE THAT THE CLIENT MAY FAIL AT ANY TIME, MAY NOT OPERATE ERROR-FREE, MAY BE INTERRUPTED BY POWER FAILURE OR OTHERWISE, MAY BE DOWN FOR MAINTENANCE OR TROUBLESHOOTING, AND MAY BE SUBJECT TO DELAYS, DISRUPTIONS, DENIAL OF SERVICE ATTACKS, MALFUNCTION OR OTHER PROBLEMS. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE CLIENT MAY FAIL TO MEET YOUR NEEDS. YOU AGREE THAT YOU WILL MAINTAIN A PRIMARY ELECTRONIC FILE OF YOUR DATA AND MATERIALS AND WILL NOT USE THE CLIENT AS A SUBSTITUTE THEREFORE.
LINK’S BACKUP SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT LINK DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (1) VIRUSES, WORMS, TROJAN HORSES AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (2) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR USER DATA, WEBSITES, DEVICES AND NETWORKS. LINK IS NOT RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR BACKUP ACCOUNT, YOUR USER DATA AND YOUR DEVICES. YOU ACKNOWLEDGE AND AGREE THAT LINK SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION ABOUT THE BACKUP SERVICE. THE BACKUP SERVICE, CLIENT AND SUPPLIER COMPONENTS ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. LINK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE BACKUP SERVICES, CLIENT AND SUPPLIER COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE BACKUP SERVICE AND CLIENT. LINK DOES NOT WARRANT THAT THE BACKUP SERVICE OR CLIENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BACKUP SERVICE OR CLIENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BACKUP SERVICE OR CLIENT WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LINK SHALL CREATE ANY ADDITIONAL LINK WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF LINK’S OBLIGATIONS HEREUNDER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS RTOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WHATSOEVER (AND REGARDLESS OF THE PURPORTED THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) WILL LINK BE LIABLE (EVEN IF LINK KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR: (1) ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS OR REVENUES, LOSS OF USE OR LOSS OF BUSINESS OR PERSONAL INFORMATION) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, THE BACKUP SERVICE, THE CLIENT, OR THE RELATIONSHIP BETWEEN YOU AND US ARISING FROM YOUR USE OF THE BACKUP SERVICE; OR (2) AGGREGATE, CUMULATIVE LIABILITY ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, THE BACKUP SERVICE, THE CLIENT, OR THE RELATIONSHIP BETWEEN YOU AND US WHICH EXCEEDS TEN BERMUDA DOLLARS ($10.00). Each of You and Us expressly acknowledge and agree that the limitations of liability set forth in this Section 7are an essential element of this Section 7 of the RTOS, and in the absence of such limitations, the economic terms of this Section 7 of the RTOS would have been substantially different than provided herein and/or the parties would not have entered in this Section 7 of this RTOS.
8. Downtime and Service Suspensions; Security.
8.1 Downtime and Service Suspensions. In addition to Our rights to terminate or suspend Services to You as described in Section 5, You acknowledge that: (i) Your access to and use of the Services may be suspended for the duration of any emergency, unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) We shall also be entitled, without any liability to You, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: (a) for planned or scheduled downtime to permit Us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that We determine, in Our sole discretion, may create a risk to the applicable Service, to You or to any of Our other customers if the Services were not suspended; or (c) in the event that We determine that any Service is prohibited by law or We otherwise reasonably determine that it is necessary or prudent to do so for legal, safety or security reasons (collectively, “Service Suspensions“). Without limiting Section 12, We shall have no liability whatsoever to You for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur as a result of any Service Suspension. Link will provide You reasonable advance notice of any planned Service Suspension in accordance with the notice provisions set forth in Section 15 and to post updates on the Link Website regarding resumption of Services following any such suspension.
8.2 Security. Without limiting Section 12, You acknowledge that You bear sole responsibility for adequate security, protection, integrity and backup of Your User Data. It is recommended that, where available and appropriate, You endeavor to (a) use encryption technology to protect Your User Data from unauthorized access, and (b) routinely archive Your User Data. We will have no liability to You for any unauthorized access or use,corruption,deletion, destruction or loss of any of Your User Data.
8.3 Service Upgrading. In order to provide future improvements and/or upgrade Our Services, Link reserves the right to effect changes to the rules of operation, accessibility and security procedures, and the provision, type and location of the Service, Link resources, administration, features and network functionality.
9. Billing and Payment for Services.
9.1 Service Rates; Payment for Services. You agree to pay Link all charges incurred in connection with Our provision of the Services You requested during sign up, including:
(A) Any one time fees to (i) set-up or install Your Services as disclosed at sign-up, or (ii) reconnect Your Services
(B) The total monthly invoiced amount payable for Your Services, including any amounts due under any Service Equipment payment plan;
(C) Any early termination fee;
(D) Any overage fees for volumes over and above any minutes included in Your Service; and
(E) Payment on a time and materials basis for any Service calls that You request. Service calls may be subject to a minimum call out service charge; collectively, the “Charges.”
9.2 Billing Commencement. Link will commence monthly billing for Your Services upon the Commencement Date. Your payment is due on the date stated on the invoice (“Due Date“). You shall be responsible for all Charges incurred on and billed to Your Link account, whether or not they were incurred with or without Your knowledge and consent, therefore You are advised to take all such steps necessary to safeguard access to the Service to prevent unauthorized or fraudulent use.
9.3 Billing Method; Fee for Paper Bill. Link will email Your Bill to You using the email address provided by You during sign up. In the event You do not provide Us an email address We will mail You a paper bill each month using the address designated by you at sign up. A $3.00 charge will be incurred for any bills not delivered via email. It is your responsibility to keep Link up to date with Your most current contact information. This is to ensure the correct presentation of monthly bills and continuation of Service. Your failure to receive Our bills does not constitute a valid reason for non-payment of Charges.
9.4 Payment by Credit Card. If upon signing up for Link Services You elected to provide Us with a valid credit/debit card (“Card“) number in order to activate Your Service You hereby authorize Us to charge and place a hold on Your Card with respect to any unpaid charges for Services or any Service Equipment. You authorize the issuer of the Card to pay any and all amounts duly charged under this RTOS without requiring a signed receipt. You authorize Us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your Card, until such amounts are paid in full. You agree to provide Us with updated Card information upon Our request and any time the information You previously provided is no longer valid. You acknowledge and agree that neither Link nor any of its affiliates will have any liability whatsoever for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on Your Card. Payments made using using Your Card are also subject to your Card issuer’s terms and conditions.
9.5. Late Payment. Invoices not paid by the Due Date shall be subject to a late payment charge of $3 or 1.5% of the outstanding monthly balance, whichever is greater, regardless of Your method of payment. For clarity, a late payment charge will be imposed if Your payment by Card or by any other non-cash method is rejected for any reason. You are hereby advised that payments made at an ATM or online, following receipt by Link or at any drop box location, will take at least two (2) full business days to register on Your account. A business day means Monday to Friday between 9:00am and 5:00pm. To avoid late fees or a possible interruption of service, You should timely pay Your bills.
9.6 If payment by Your Card or other non-cash method is rejected for any reason, Link also reserves the right to continue the provisioning of the Service on a prepaid basis only or to impose a credit limit on Your account with respect to usage Charges (billed and unbilled) as is reasonable in the circumstances. Link may suspend the Service if You exceed such credit limit, until Link has received in full payment of the outstanding Charges.
9.7 Should You dispute any amount set forth in Your bill, You will be required to send written notice to Link within forty five (45) days of the date of the bill; otherwise, the bill will be deemed accepted by You as correct. You accept all charges not properly disputed within such forty-five day period and You agree to pay all undisputed charges in accordance with this RTOS. You are liable for all debt collection, legal and other reasonable charges incurred by Us in attempting to recover from You any overdue amounts not properly disputed in accordance with this Section 10.7.
9.8 If Your account is thirty (30) days or more overdue, Link reserves the right in its sole discretion to suspend Your account in lieu of terminating Service. If We suspend Your account and then agree to reactivate Your Service You will be charged Our posted reconnect fee.
9.9 Link reserves the right to revise its Service Charges from time to time. Notice of any change may be sent by email, fax or mail and shall be deemed sufficient if printed on or separately included with Your monthly invoice. Your continued use of the Service shall constitute your acceptance of any such changes.
10. Intellectual Property.
10.1 Our Services and Link Information. Other than the limited use and access rights and licenses expressly set forth in this RTOS, We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the Link Information; (iii) the Client; (iv) any Link Adapter; (v) any Link App; (vi) Service Equipment; and (vii) any other technology and software that We provide or use to provide the Services. You do not, by virtue of this RTOS or otherwise, acquire any ownership interest or rights in the Services, the Client, the Link Information,or other technology and software (including third party technology and software), except for the limited use and access rights described in this RTOS.
10.2 Feedback. You may provide feedback to Link with respect to Link’s Services and Link may use feedback for any purpose without obligation of any kind.
11. Representations and Warranties; Disclaimers; Limitation of Liability.
11.1 Link Warranties. In connection with the provision of Services under this RTOS, Link
(A) Warrants that it will provide the Services with the reasonable skill and care of a competent electronic communications service provider;
(B) Disclaims any express or implied warranty that any Service (including replacement parts) will prevent:
i. failures, malfunctions or deterioration of the Service Equipment;
ii. fraudulent intrusions into and/or unauthorized use of the Service Equipment (including its connection to any public telecommunication networks);
iii. unlawful and/or unauthorized use that may result in invasion of a person’s right to privacy; or
iv. improper, unlawful and/or unauthorized use that may result in the loss of or theft of electronic data.
(C) Link hereby puts You on notice that the occurrences as stated in Section 12.1(B) above are possible.
(D) If Our Service does not conform with the warranty in this Section 12.1, Link shall, at its expense, use all commercially reasonable efforts to correct any such non-conformance or non-availability promptly, or provide You with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Your sole and exclusive remedy for breach of warranty of this Section 12.1.
11.2 Use of the Services, etc.You represent and warrant that You will not use the Services, Link Information, Link Equipment or Link Device:
(i) in a manner that infringes,violates or misappropriates any rights of Us or any third party;
(ii)to engage in spamming or other impermissible advertising, market in for other activities, including,without limitation,any activities that violate anti-spamming laws and regulations;
(iii) in any manner that constitutes or facilitates the illegal export of any controlled or otherwise restricted items,including,without limitation,software, algorithms or other data that is subject to export laws; and/or (iv) in a way that is otherwise illegal or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
11.4 Authorization and Account Information. You represent and warrant that: (i) the information You provide in connection with Your registration for the Services is accurate and complete; (ii) if You are registering for the Services as an individual, that You are at least 18 years of age and have the legal capacity to enter in to this RTOS; and (iii) if You are registering for the Services as an entity or organization, (a) You are duly authorized to do business in the country or countries where You operate, (b) the individual signing this RTOS and completing the registration for the Services meets the requirements of subsection (ii) above and is an authorized representative of Your entity, and (c) Your employees, officers, representatives and other agents accessing the Services are duly authorized to access the Services and to legally bind You to this RTOS and all transactions conducted under Your account.
11.5 Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LINK SERVICES IS AT YOUR SOLE RISK. LINK INFORMATION, SERVICE EQUIPMENT, LINK SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR AFFILIATES, LICENSORS AND SUPPLIERS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS“) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY USE OF THE SERVICE OFFERINGS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM USING THE SERVICE OFFERINGS.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1 WE AND OUR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS, LINK NETWORK QUALITY OR LEVEL OF TRANSMISSION, CONNECTIVITY, SERVICE PERFORMANCE OR SPEED. LINK AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. LINK AND OUR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITH US WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. LINK AND OUR LICENSORS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS, INCLUDING THOSE THAT AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PAYMENT SERVICES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS RTOS.
11.6 Access/Links to Third Party Websites. Our Website and/or the Services may contain links to websites that are not underOur control (“Third Party Sites“). We are not responsible for the contents or functionality of any Third Party Site or any website that can be accessed via links on any Third Party Site. We provide these links to You as a convenience and the inclusion of any such links does not constitute or imply Our endorsement or validation of any Third Party Site.
11.7 Limitation of Liability. NEITHER LINK NOR ANY OF OUR AFFILIATES OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE WHATSOVER, OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICE ARISING OUT OF OR IN ANY WAY RELATED TO THIS RTOS OR THE LINK SERVICES. SUCH LIMITATION INCLUDES BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLE FORESEEN) IN CONNECTION WITH THIS RTOS OR LINK SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR SERVICE EQUIPMENT; (ii) THE FAILURE OF INTERRUPTION OF SIGNAL,
DEGRADATION OF VOICE QUALITY (iii), DELAY IN PERFORMANCE OR INABILTY TO PERFORM DUE TO ANY CIRCUMSTANCES BEYOND ITS CONTROL INCLUDING WITHOUT LIMITATION FAILURE OF THE SIGNAL AT THE TRANSMITER FROM ANY CAUSE WHATSOEVER, LABOUR DIFFICULTIES, NATURAL DISASTERS, ACCIDENTAL CURRENT BEING CARRIED OVER OR THROUGH THE FACILITIES AND EQUIPMENT, POWER FAILURE, UNUSUAL DELAY BY OTHER SERVICE PROVIDERS; (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY SERVICE. IN ANY CASE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OUR AGGREGATE LIABILITY UNDER THIS RTOS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY UNDER THIS RTOS. LINK SHALL HAVE NO LIABILITY FOR ANY OF YOUR DATA, USER DATA OR THIRD PARTY SOFTWARE.
12. Customer Indemnification.
13. Compliance with the Law; Disputes.
13.1 Compliance. You are solely responsible for compliance relating to the manner in which You choose to use the Services including without limitation Your transfer, processing and provisioning of Your data, content or software. You agree to adhere to all applicable laws and regulations in the jurisdiction in which You are using the Services. You further shall not do anything that would cause Link to be in breach of any applicable laws and regulations.
13.2 Regulatory. Link reserves the right to disclose information relating to Your Services if required to do so by law, regulation, or governmental request, or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Link; (b) protect and defend the rights or property of Link; or (c) act under exigent circumstances to protect the personal safety of users of Services or members of the public.
13.3 Disputes. The parties agree to attempt to amicably resolve any disagreement or dispute that may arise between them regarding the interpretation, performance of or failure to perform under this RTOS. Notwithstanding anything to the contrary, We may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of Link’s or any third party’s intellectual property and/or proprietary rights. Any dispute relating in any way to Your use of the Services shall be adjudicated in Bermuda, and You consent to exclusive jurisdiction and venue in such courts.
13.4 Governing Law. These Residential Terms of Service and the relationship between You and Us relating to the delivery and use of the Services shall be governed by the laws of Bermuda without regard to conflicts of laws provisions.
14.1 Notice To You. Notices that affect Our customers generally(e.g.,notices of amended RTOS,AUPs, updated fees, service interruptions,etc.) will be posted on Link’s website. Notices by Link given to You or Your account specifically under this RTOS may be given by sending written notice to Your email address provided to Us in Your registration for the Services or in any updated email address You provide to Us in accordance with standard account in formation update procedures We may provide from time to time.It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon Our sending of the email, whether or not You actually receive the email.
14.2 Notice To Us. Notices by You to Link under this RTOS and for questions regarding this RTOS or the Services, must be given by overnight courier, personal delivery or registered or certified mail to LinkBermuda Ltd., Attn: Residential Terms Of Service, General Manager, 26 Victoria Street, Hamilton HM 12, Bermuda.
15. General Provisions
15.1 Third Party Activities. If You authorize,assist,encourage or facilitate another person or entity to take any action related to the subject matter of this RTOS,You shall be deemed to have taken the action Yourself.
15.2 Severability. If any portion of this RTOS is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this RTOS will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this RTOS, and the rest of the RTOS shall remain in full force and effect.
15.3 Waivers. The failure of either party at any time to enforce any provision of this RTOS shall in no way be construed to be a present or future waiver of such provision nor in any way affect such party’s right to enforce such provision thereafter. All waivers by either party must be in writing to be effective.
15.4 Assignment; Performance. We may assign this RTOS to an affiliate of Link or pursuant to a merger, acquisition, sale of all or substantially all assets, corporate reorganization or other similar transaction. This RTOS will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. You expressly agree and acknowledge that We may procure any portion of the Service from qualified Suppliers provided that We be and remain liable for all of the obligations ascribed to it under this RTOS.
15.6 No Relationship. This RTOS does not create or imply any partnership, agency or joint venture between You and Us (or any of Our affiliates).