This Agreement is made between ‘YOU’ and ‘Webart
Softech’, an Internet Marketing and Web Development Company,
whose registered office is in Panchkula, India, herein referred
to as ‘Company’.
Please read this document carefully. It sets out the terms under
which the Company offers you the use of its product ‘Link
Diary’ (www.linkdiary.com). To be an authorized Member of
Link Diary, you agree to abide by the terms and conditions contained
in this Agreement. If you violate any of our terms and conditions,
your account(s) will be removed from our Network without notice
and you will not be allowed to use our site. At the same time any
fees that you have paid linkdiary.com will not be refundable and
all the subscriptions will be canceled.
The COMPANY has developed and operates a service, by being a central
hub for members to exchange links. The Member relationship established
between YOU and the COMPANY will be conducted and managed through
As a Member of the Service, you may place and remove Links on your
site at your discretion.
Company will provide support for the Service as indicated on its Website. At
this time, support must be conducted through or online form. This
form can be found at http://www.linkdiary.com/contact.php
Company reserves the right to send e-mail to you for the purposes of informing
you of applicable changes or additions to the Service or any Company related
products and services. And also according to the email alerts’ option,
set by you thru the “Email Alerts” link.
CHANGES TO THE SERVICE
Company reserves the right to change, modify, add or remove portions of this
Agreement at any time and may add to, change, suspend or discontinue any aspect
of the Service at any time. In the event of any material change, Company will
notify you via e-mail, newsletter or the Company Web site at least 5 days prior
to any such changes taking effect, at which time you may either agree to such
changes or withdraw from the Service.
To sign up as a member of linkdiary.com and to use its Services,
you must be at least 16 (sixteen) years of age.
Also, while registering, it should be kept in mind that the following types
of sites are NOT ALLOWED to register and participate in any Link Exchange process
of linkdiary.com: Websites that promote VIOLENCE, BIGOTRY, OR HATRED. And also
sites that promote ILLEGAL activities like WAREZ, CRACKING, and HACKING sites
and other activities similar to these. You agree that you have read the documentation
for the Service and understand its features and rules.
As part of the registration process, you will have to select an email and password
combination, which you will be using later on, to access your Member area within
the Service. You shall provide linkdiary.com, with accurate, complete and updated
registration information. You may not select the name of another person with
the intent to impersonate that person or deceive members or other users as to
your true identity.
You also agree that Company may rely on any data, notice, instruction or request
furnished to linkdiary.com by you which is reasonably believed by
linkdiary.com to be authentic and legitimate, and to have been sent
or presented by a person reasonably believed by linkdiary.com to
be authorized to act on your behalf.
You shall notify Company by e-mail at email@example.com of any
known or suspected unauthorized uses of Your Account, or any known
or suspected breach of security, including loss, theft or unauthorized
disclosure of your email and password. You shall be responsible
for maintaining the confidentiality of your email and password.
You will also be responsible for all usage and activity on your
account, including use of the account by a third party authorized
by you to use your account. Any fraudulent, abusive or otherwise
illegal activity may be grounds for termination by linkdiary.com
and referral to the appropriate law enforcement agencies
ACCEPTED USE OF THE SERVICE
You represent to linkdiary.com that, all content you provide to the us, is
solely owned by you or provided by you with the express authority of the company
you represent, and does not infringe upon any other individual's or organization's
rights (including, without limitation, intellectual property rights) and is
not defamatory, libelous, unlawful or otherwise objectionable. You shall not
provide, promote, distribute, place or otherwise publish as a Member of linkdiary.com,
any content or web site that includes content, which is libelous, defamatory,
obscene, abusive, and fraudulent or violates any law.
As LinkDiary.com may not review all information provided by You, You shall remain
solely responsible for your content and web site. As a member, you may not artificially
inflate traffic counts to linkdiary.com using any device, program, robot or
unless it is consented by linkdiary.com. Links may not be placed in newsgroups
and unsolicited e-mail is strictly prohibited. Any Link placed must be done
in such a way that it is not misleading to any visitor and done with the intention
of delivering valid sales to linkdiary.com.
Linkdiary.com reserves the right to DEEM any site inappropriate and TERMINATE
the site as a member of linkdiary.com. If you are terminated from the Service,
linkdiary.com has the right to withhold money you earned within its Service
or money that you owe within its Service and you will not be allowed to join
The Service, its operation, its use and the results of such use shall be performed
in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE, pursuant to applicable
LAW, linkdiary.com DISCLAIMS ALL WARRANTIES (EXPRESSED OR IMPLIED), including,
but not limited to, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, in relation to the service, its use and the results of such
Without limiting the foregoing, linkdiary.com specifically DISCLAIMS ANY WARRANTY
(A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,
(B) THAT DEFECTS WILL BE CORRECTED,
(C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS,
(D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR
(E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. Applicable law may not
allow the exclusion of implied warranties so the above exclusion may not apply
The Merchant will make reasonable commercial efforts to keep its transaction
service operational during normal business hours. However, certain technical
difficulties may, from time to time, result in temporary service interruptions.
Member understands and acknowledges that it is normal to have a certain amount
of system downtime and further agrees not to hold the linkdiary.com liable for
any of the consequences of such interruptions.
Linkdiary.com SHALL HAVE NO LIABILITY for unauthorized access to, or alteration,
theft or destruction of any web site of member or customer data files or systems
or programs through accident, fraudulent means or devices. MERCHANT SHALL HAVE
NO LIABILITY with respect to merchant obligations hereunder or otherwise for
consequential, exemplary, special, incidental or punitive damages even if merchant
has been notified of such damages. ANY LIABILITY OF MERCHANT HEREUNDER SHALL
BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Linkdiary.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR
(I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE
linkdiary.com SERVICE OR ANY INFORMATION PROVIDED ON THE COMPANY
WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Linkdiary.com’s AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR
OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE,
because some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, the above exclusion may
not apply to you. IN SUCH JURISDICTIONS, Linkdiary.com’s LIABILITY
IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. This paragraph
will survive the failure of any exclusive or limited remedy.
You agree that linkdiary.com, although the provider of the Service, has no
responsibility or liability as a result of your placement of authorized Links
from your Web site, and you and the merchant, jointly and severally agree to
indemnify, defend, and hold harmless linkdiary.com and its directors, employees
and agents from and against any and all liability, claims, losses, damages,
injuries or expenses (including reasonable attorneys' fees) directly or indirectly
arising from or relating to any offer or any other matter related to this Agreement
or the subject matter hereof and any dispute relating thereto.
Linkdiary.com agrees to indemnify, defend, and hold harmless member from and
against any and all liability, claims, losses, damages, injuries or expenses
(including reasonable attorneys' fees) directly or indirectly arising from or
relating to Company's negligence or willful misconduct in performance of the
Services or its breach of this Agreement.
Linkdiary.com acknowledges that in the course of this Agreement it shall have
access to confidential and proprietary information ("Confidential Information")
of your site. Linkdiary.com agrees not to disclose or disseminate the Confidential
Information without Your prior express written consent. The term "Confidential
Information" shall not include information that is or becomes part of the
public domain through no action or omission of Company, that becomes available
to Linkdiary.com from third parties without knowledge by Linkdiary.com of any
breach of fiduciary duty, or that Linkdiary.com had in its possession prior
to the date of this Agreement.
Linkdiary.com does not collect information about customer transactions, monetary
transactions, and service provided through the link exchange service. Company
reserves the right to be able to utilize this data in aggregate to analyze Service
trends, monitor Service efficiencies, and perform such other analysis as Company
deems appropriate. Linkdiary.com does not store credit card information. All
monetary transactions and credit card information and transferred / stored securely
on Paypal or 2checkout.com server.
OWNERSHIP AND LICENSES
You, the member, are granted a non-exclusive, limited, revocable
right to use Linkdiary.com provided trademarks and banners. All
images, technology and content provided for your use is and shall
remain the sole property of linkdiary.com and no part thereof shall
be deemed, assigned or licensed to you except as explicitly provided
All intellectual property rights, including trademarks, copyrights,
patent rights or applications, trade names and service marks related
to the foregoing shall remain Linkdiary.com’s sole property,
including rights in and to any derivatives thereof. You may not
modify the trademarks, banners, the content or any of the images
provided to you in any way.
All images, technology and content provided to you by Linkdiary.com is and
shall remain Linkdiary.com’s sole property and no part thereof shall be
deemed assigned or licensed to You except as explicitly provided for herein.
You will not challenge the validity of or attempt to register any of the marks
or your interest therein as a licensee, nor will you adopt any derivative or
confusingly similar names, brands or marks or create any combination marks with
the marks. You acknowledge Linkdiary.com ownership and exclusive right to use
the marks and agree that all goodwill arising as a result of the use of the
marks shall inure to the benefit of linkdiary.com.
SOFTARE ISSUES & SERVER ISSUES
The member understands that there are software bugs/issues and server/database
downtimes. Members will not be monetarily compensated for bugs /
defects within the link exchange service. Members can notify linkdiary.com
of any bugs by completed the contact us form located at http://www.linkdiary.com/contact.php.
Depending on the urgency of the bug / defect and depending on internal
resources, linkdiary.com will resolve the issue as quickly as possible.
Your Linkdiary account can be used to maintain many domains from
a single account, is fully functional, and includes all features
for a base price as fixed by the Company. Attempts to defraud linkdiary.com
by referring accounts for the free credit and then canceling those
referred accounts will result in account termination and blacklisting.
By agreeing to these terms and conditions, you hereby understand
and agree that the account fee will be charged to your credit card
every month unless it is cancelled by you.
No refunds for accounts that violates these Terms and Conditions.
By agreeing to these Terms, you understand and agree that linkdiary.com
does not provide refunds to accounts that violate these Terms and
The member can send an email from the contact us form, requesting
the same. We will take necessary actions and no refunds will be
made. You have the right to cancel it at any time. Alternatively
you can log in to your Paypal account and cancel the subscription.
Cancellation in writing is for the security of all parties. In the
event that a billing dispute arises, activity logs and email archives
allow us to research and resolve disputes promptly.
By agreeing to these terms and conditions, you hereby understand
that your account will be terminated which might result in loss
of data (links).
You can simply login to your account and re-activate your subscription.
Your billing will start instantly.
Company makes no representations whatsoever about any other Web
site which you may access through the Service. In addition, a link
to a non-Company Web site does not mean that Company endorses or
accepts any responsibility for the content or the use of such Web
Linkdiary.com may assign this Agreement to any successor upon notice to the
other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in
the performance of its obligations hereunder on account of strikes, shortages,
riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental
action, labor conditions, earthquakes or any other cause which is beyond the
reasonable control of such party.
Information Linkdiary.com publishes on the Service may contain
references or cross references to Company's programs or services
that are not announced or available in your jurisdiction. Such references
do not imply that Company intends to announce such programs or services
in your jurisdiction. Except as described otherwise, all materials
on the Service's site are made available only to provide information
about linkdiary.com. Linkdiary.com controls and operates its site
from India and makes no representations or warranties that these
materials are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal
is prohibited. If you use Linkdiary.com site from other locations,
you are responsible for compliance with applicable local laws.
This Agreement represents the complete agreement concerning this license and
may be amended only by a writing executed by both parties. THE ACCEPTANCE OF
ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT
TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision shall
be reformed only to the extent necessary to make it enforceable.
If you have any questions regarding Terms of Services, please contact us via
our online contact form, http://www.linkdiary.com/contact.php. We will be glad
to answer any questions you may have.