Welcome to the FreeLinkBuildingTools.com Webmaster Link Exchange Terms of Service - User Agreement
- Free Link Exchange service is a free internet service provided AS IS, no warranty of service of any kind. Owners have sole discretion over use, content, and may cancel any member at any time without notice.
- Operators withold the right to reject websites and/or advertisements for any reason, may terminate and bans accounts without notice.
- Websites engaging in illegal activity, spamming, or any reason what so ever may be deleted and accounts terminated without notice.
- Member Understands that Proprietary and Confidential Information disclosed by service is to be held in the strictest of confidence and to take the same degree of care to protect such information as it does with its own Proprietary Information.
- Member agrees not to disclose or use any such Proprietary Information or any information derived therefrom to any firm, supplier, business, third party or other organization.
- Adult and Gambling Websites are permitted however, all adult websites must select Adult Category upon setup of service. Adult Websites that do not follow these rules will be deleted without notice.
Additional General Terms and Conditions Of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Link Exchange Service Service ("Service") ("Link Exchange Service"), is provided to you ("Member")
under the terms and conditions of this Link Exchange Service Terms of Service (TOS) and any operating
rules or policies that may be published by Link Exchange Service. The TOS comprises the entire
agreement between Member and Link Exchange Service and supersedes all prior agreements between the
parties regarding the subject matter contained herein. By Registering with an account and password and confirming email address, HENCE COMPLETEING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
1. DESCRIPTION OF SERVICE
Link Exchange Service is providing Member with a capability to publish and receive link advertisments on members website web pages ("webpages") through a web browser through Link Exchange Service's own systems. Link Exchange Service will not charge Member for this Service. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2)provide for own access to the World Wide Web and pay any telephone service fees associated with such access. Link Exchange Service will be selling a portion of link inventory displayed on member webpages from link advertising system to advertisers it does business with. Portion available for sale is to be determined by Link Exchange Service.
If any information provided by Member is inaccurate, Link Exchange Service retains the right to terminate Member's membership and rights to use the Service.
2. MODIFICATIONS TO TERMS OF SERVICE
Link Exchange Service may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, Link Exchange Service will notify you by posting the changes on website. If you do not agree with them, you may terminate your use of the Service at that time.
Member's continued use of the Service constitutes an affirmative: (1)
acknowledgment by Member of the TOS and its modifications; and (2) agreement by Member to
abide and be bound by the TOS and its modifications.
3. MODIFICATIONS TO SERVICE
Link Exchange Service reserves the right to modify or discontinue the Service with or without notice to Member. Link Exchange Service may cancel members participation and have sole discretion over link advertisements served from system.
Link Exchange Service shall not be liable to Member or any third party should Link Exchange Service exercise its right to modify or discontinue the Service.
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account.
Member agrees to immediately notify Link Exchange Service of any unauthorized use of Member's account or any other breach of security known to Member.
5. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Link Exchange Service EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Link Exchange Service MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMETOS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Link Exchange Service MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Link Exchange Service MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM Link Exchange Service OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
Link Exchange Service SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY
GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF Link Exchange Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
7. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may
only be an individual: Member agrees not to resell commercial use of the Service,
without the express consent of Link Exchange Service.
Member agrees to indemnify and hold Link Exchange Service, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
Member's use of the Service, the violation of this TOS by Member, or the infringement by
Member, or other user of the Service using Member's computer, of any intellectual property
or other right of any person or entity.
Either Member or Link Exchange Service may terminate the Service with or without cause at any time and effective immediately. Link Exchange Service shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Link Exchange Service of termination.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Link Exchange Service will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Link Exchange Service may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
11. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Link Exchange Service assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
11. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Link Exchange Service or FreeLinkBuildingTools.com.com's Advertisers, is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
The TOS shall be governed by and construed in accordance with the laws of the state of New Jersey, excluding its conflict of law provisions.
Member and Link Exchange Service agree to submit to the exclusive jurisdiction of the courts of the state of New Jersey.
If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Link Exchange Service's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Link Exchange Service in writing.
Member and Link Exchange Service agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.