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Account Agreement for EkaLinks


The following describes the terms on which EkaLinks™ offers you products and services. By pressing the "Register" button, you accept the terms and conditions below.

Welcome to EkaLinks. This Agreement provides the terms and conditions governing the use of Account services on the EkaLinks Web Site (www.ekalinks.com), hereafter referred to as "Our Site." Accounts on Our Site provides registered users (or "Account") with a package of content and services. EkaLinks may, at its discretion, add or delete features. By registering with an Account, you agree to use Our Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

  1. Price and Payment

    EkaLinks's basic content and services are available FREE of charge, exclusive of other Internet or other telecommunications fee. While there is a charge for upgrading to remove ads, you are in no way required or obligated to upgrade.

  2. Terms of Accounts

    Accounts are available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique EkaLinks Account name and password. EkaLinks does not discriminate on the basis of age, gender, or ethnicity.

  3. Communication

    EkaLinks may from time to time email the Account to provide you with notifications on Account or upon links that Account has saved (if you use the URL Tracking feature). EkaLinks will NEVER ask for your password at anytime. You must agree to receive emails sent from EkaLinks to Account. These emails will be very infrequent.

  4. Email

    An Account must provide a valid email address and maintain that address. EkaLinks may at times use the email address for communication of EkaLinks matters. EkaLinks will in no way ever sell or subscribe Account's email address to another third-party service. If EkaLinks sends an email to Account which bounces, EkaLinks may terminate the account without warning for an invalid email address.

  5. Searches

    Account will not hold EkaLinks liable for any search results returned in searching for bookmarks. Account will have the ability to mark bookmarks as private and thus hidden from searches.

  6. Non-activity

    If any Account has not been accessed within 30 days, a warning notice will be emailed to the Account to login within one week. After the one week period, if the Account has not logged in, the Account may be terminated without warning.

  7. Account Information Guidelines

    EkaLinks provides bookmark Account information and the associated storage space in a dedicated area as a service to our Accounts. We encourage the free exchange of ideas but have established the following parameters for your bookmarks information building service and guidelines for any content placed on those pages:

    EkaLinks is not responsible for the content of any bookmark information, and the views expressed in the those areas of EkaLinks are the responsibility of the posting Account and not EkaLinks. EkaLinks does not review bookmark information in any way before they appear on Our Site. EkaLinks reserves the right to remove any Account from Our Site.

    EkaLinks provides space for Account bookmark information but makes no implied or expressed warranties about the reliability of this information. EkaLinks is not responsible for any damage caused by loss of access to, or deletion, or alteration of bookmark information; individual Accounts are responsible for monitoring and creating backups of their information.

    The following is a non-exclusive list of actions and content that are not permitted on Our Site:

    1. Any use of copyrighted material without the expressed permission of the author or owner, with specific regard to issues of software piracy.
    2. Any material that encroaches the rights of others, including clear expressions of bigotry, racism, or hatred.
    3. Any material that is perceived by EkaLinks or other Accounts of EkaLinks, as abusive, deceptive, profane, slanderous, offensive, or inappropriate, including explicit pornography.
    4. Any material that violates any laws or regulations of any governing body with jurisdiction over EkaLinks, its affiliates and Accounts.

    It is policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.

  8. Privacy

    EkaLinks will never release the name or other personal information about an Account without the permission of that Account. The exchange between EkaLinks and the Account of information such as passwords or electronic mail may not be secure given the current state of the Internet. EkaLinks encourages Accounts to change their passwords frequently. Postings and other communications with EkaLinks are not private and may be published and edited at the discretion of EkaLinks unless specifically instructed otherwise.

  9. Copyrighted Material

    All material on Our Site including, without limitation, text, software, photos, video, graphics, music and sound, are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by EkaLinks or a third-party content provider is allowed by Accounts for personal use. Accounts may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be placed on Our Site without the express permission of the author or owner of the copyright on that material. If EkaLinks becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party who alerts EkaLinks, through an appropriate notice as required under Copyright Law, of the specific location of the alleged presence of such materials, EkaLinks will: - Promptly take down or block access to the allegedly infringing material; and - Contact the Account responsible for the material and alert him or her of the allegations of copyright infringement and of EkaLinks's take down or blocking of the allegedly infringing material.

    If Account believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, that Account shall provide EkaLinks a counter notification establishing the Account's rights to display the material in question, as well as any other information EkaLinks shall request. Upon receipt, EkaLinks will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, EkaLinks will re-post or unblock the material within 10-14 business days.

  10. Limitations of Liability and Warranty

    The Account agrees that the use of Our Site is entirely at the Account's own risk. Our Site is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither EkaLinks nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with Our Site.

    The Account specifically agrees that EkaLinks or third-party content providers are not liable for any conduct by Accounts associated with Our Site, including, but not limited to, bookmark information, or message boards.

    EkaLinks and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on Our Site and are not responsible for

    1. any errors or omissions arising from the use of such information;
    2. any failures, delays, or interruptions in the delivery of any content or services contained within Our Site; or
    3. losses or damages arising from the use of the content or services provided by Our Site.

  11. Our Site Availability

    EkaLinks will do what it can to make Our site available at all times. This may not be possible and Our site may be unavailable during certain times. This may be due to problems including, but not limited to, power failures, network outages, router problems, DNS mis-configurations, hardware, and software failure. EkaLinks will do what it can to return Our site to functioning status as soon as possible.

  12. Indemnity

    An Account agrees to indemnify and hold harmless EkaLinks and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the Account's use of Our Site. This expressly includes:

    1. Account's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and
    2. any libelous or unlawful material contained within the bookmark information, or Message board.

  13. Termination of Service

    EkaLinks may terminate Accounts and any and all information, communications, Postings, or bookmark information at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by EkaLinks elsewhere on Our Site. EkaLinks may terminate Accounts and delete any and all information, communications, Postings, or bookmark information for online conduct that EkaLinks believes is harmful to other Accounts, the business of EkaLinks, or other third-party information providers.

  14. Choice of Law

    This Agreement shall be constructed and controlled by the laws of the State of New York, without regard to its conflict of law provisions. The laws of the State of New York will govern any dispute arising hereunder. The Account agrees to personal jurisdiction by the state and federal courts of the State of New York, and agrees a venue within the State of New York.

  15. Merger Clause

    This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between EkaLinks representatives and the Account. EkaLinks may amend this Agreement at any time with notice from EkaLinks to the Account as published on Our Site.



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