LINK PLACEMENT

As a Member of the Service, you may place and remove Links on your site at your discretion.

SERVICE MAINTENANCE

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

EMAIL CONTACT

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.

REGISTRATION

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 support@linkdiary.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 other means, including but not limited to JavaScript pop-up windows and redirects, 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 linkdiary.com again.

LIMITED WARRANTY

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 use.
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 to you.

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 OR
(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.

NON-DISCLOSURE

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 for herein.
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.

PRICING

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.

REFUNDS

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 Conditions.

CANCELLATION

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).

REACTIVATION

You can simply login to your account and re-activate your subscription. Your billing will start instantly.

REPRESENTATIONS

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 site.

NONASSIGNABILITY

Linkdiary.com may assign this Agreement to any successor upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE

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.

JURISDICTIONAL ISSUES

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.

MISCELLANEOUS

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.