LinkLogics Terms of Service

This page states the Terms under which you may use the LinkLogics service and web site. Terms may be updated and revised by us from time to time, so please visit this page periodically to review them.
By using this web site, you explicitly signify your full and unconditional agreement with these Terms of Use. By accepting these Terms of Service you also accept responsibility to ensure that any third party that you personally provide with the Service for any purpose and by any means abides by these Terms.

DEFINITIONS

LinkLogics and LinkLogics.com

The terms "LinkLogics", "LinkLogics.com", "LinkLogics web site" refer to the website using the internet domain name www.linklogics.com, or any sub-domain of linklogics.com, owned by Shaping The Cloud SARL ("editor of the service")

Monitors

Monitoring services that apply on a single internet resource are called Monitor, or LinkLogics Monitor. The monitoring service includes an alert system and a data collecting and analysis service.

Client

The individual, partnership or incorporated body purchasing Monitoring Services and or services offered by or through the LinkLogics web site.

GENERAL LINKLOGICS.COM LICENSE AGREEMENT

The following are terms of a legal agreement between you and Shaping The Cloud SARL (editor of the LinkLogics.com service). If you do not agree to these terms, please do not use this Web site.

Ownership of the contents of LinkLogics.com

All content, graphics, charts, and other data stored on this website not expressly stated as being from another source are copyrighted 2010 by Shaping The Cloud SARL ("the owner").
All content, graphics, and other data stored on the LinkLogics.com website expressly stated as being from another source are hereby designated original material, and are the intellectual property of the owner.
The content of the LinkLogics website may not be reproduced in any form without the express written permission from the owner. It may not be sold for profit or included in any type of archive (commercial or private) without the consent of the owner. Failure to abide by these rules may result in legal action by the owner.

Registration

You are required to register in order to use some of the services provided by LinkLogics.
If you become a Registered Client of LinkLogics.com, you accept responsibility for all activities that occur under your registered account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct.
You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access LinkLogics.com using your user name in whole or in part without your permission. If you believe someone has accessed LinkLogics.com using your account and password without your authorization, you must contact us immediately by all means.

Confidentiality of your Information

LinkLogics.com shall use all reasonable commercial efforts to:
1. preserve the confidentiality and avoid the disclosure of your Confidential Information (defined below), unless strictly required otherwise by law;
2. limit access to your Confidential Information in such a way that only the Client can access its data.
3. not at any time disclose, give, or transmit (in any manner or form or for any purpose) your Confidential Information to any person, party, firm, or corporation other than you except as specified in this Data Confidentiality Agreement or the Terms of Service, and unless required by law;
4. immediately notify you in the event of any disclosure which is required by law;
5. not use any Confidential Information in any way other than for the purpose of providing the Services to you and the utilization of these Services by you in accordance with the Terms of Service ("Purpose"), or as otherwise contemplated by this Data Confidentiality Agreement or the Terms of Service without your permission; and
6. ensure that all Shaping The Cloud SARL employees or agents to whom your Confidential Information is disclosed are legally bound to keep your Confidential Information confidential and not to use the Confidential Information except for the Purpose.
"Confidential Information" means all of your personal name, address, phone numbers, and collected data stored using the Services including but not limited to the configuration of your monitors and metrics gathered by the LinkLogics.com monitors.
The name of your company is not a confidential information though, and you provide LinkLogics.com and its editor ("Shaping the cloud") a right to mention the name of your company for marketing and communication purposes unless explicitly requested by you.

Disclaimer

Due to the large number of texts, pages and price options for the services and tools offered by LinkLogics, data entry and other errors inevitably may occur in the text and pricing shown on this website. Consequently, please be advised that Shaping The Cloud SARL reserves the right to correct such errors as they are discovered, and no order and pricing with respect to that order shall be final until confirmed by Shaping The Cloud SARL.
Linklogics.com is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services, tools, or information provided by the LinkLogics web site.

Liability

1. The LinkLogics service is provided on a best-effort basis, and although we are fully dedicated to maintaining the highest level of availability and quality, it is provided as-is and as-available.
2. You expressly understand and agree that to the maximum extent permitted by applicable law, the LinkLogics service editor ("Shaping The Cloud SARL") shall in no event be liable for any direct, indirect, consequential, incidental, special, punitive, judiciary damages, including but not limited to, hardware or software damage bug or failure, or loss of business profit, business interruption, computer failure, loss of business information, data integrity, computer security issues, or other loss arising out of, or caused by, directly or indirectly, the services provided by LinkLogics and Shaping The Cloud SARL, or its use, or inability to use.
3. Some limitation of liability for consequential or incidental damages may not apply to you if your state or country does not permit such exclusion or limitation of liability

Termination

You agree that LinkLogics.com, in its sole discretion, may terminate or temporarily suspend your account on the LinkLogics website, or its services and/or contents at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. You agree that Shaping The Cloud SARL shall not be liable to you or any third party for any termination or suspension of your account to the Web Site or its content. After a termination, the remaining subscription time are fully refunded on request of the terminated account legal registrant.

Currency

All the pricing published on the LinkLogics.com website are in EUROS. Payments on the LinkLogics.com website are only accepted in EUROS. If a currency exchange rate applies, this may result in the actual price paid being higher than the published EURO price. Please check with your bank or credit card issuer for the exchange rates and additional fees. Additional fees resulting from the currency rates or exchange fees are not refundable, and will not be taken into account by our Return Policy.

Changes of the terms of service

LinkLogics.com may change the terms and conditions contained on this site at any time. Your continued access to and/or use of our website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms of Use and any amendments. You should visit this page periodically to review the Terms of Use. Should you object to any of the Terms of Use or any amendments your only recourse is to immediately discontinue your use of our website.

Return policy

All sales on Monitoring Service subscriptions are refundable up to 15 days after the purchase is confirmed and authorized. Cancelled subscriptions in the authorized period are refunded upon request after a confirmation of the identity of the client.

Right of Access to the monitored resources

By creating a monitor on an internet resource, the client understands and accepts that the LinkLogics monitors create repeated access at any frequency suitable for LinkLogics.com to access this internet resource. The client must have the right to setup an access to the resources monitored by LinkLogics.com, and transfers this rights to LinkLogics.com. The use of any LinkLogics service or tool is not allowed to clients that cannot provide or transfer a right to access the monitored resource to LinkLogics.com and may result in the termination of the service and access to the LinkLogics.com.

Free Trial

A non-paying access to a limited subscription of the service is available as a "Free Trial" subscription. This free-trial subscription is only available once, and can refused at the sole discretion of LinkLogics.com to customers that have already benefited from this "Free Trial" subscription or any other paying subscription available on the LinkLogics.com web site. The Free Trial subscription is, obviously, not refundable.

Indemnification

Clients agrees to indemnify and hold harmless Shaping The Cloud SARL and the employees and agents of Shaping The Cloud SARL (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Arbitration

Any controversy or claim arising out of or relating to this contact or any breach thereof shall be settled by arbitration in accordance with the commercial arbitration rules of the french court of Tours, France and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payments

Customer agrees to pay for the LinkLogics.com services rendered in advance of each monthly service term.
Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes
Wire transfers are subject to an additional fee of 10 euros to cover the financial processing costs if the wire transfer is not emitted from a european bank.
Checks are only accepted if they are emitted by a french bank account.