Very Top

Terms of Service

Terms of Service

These Terms of Service (the “Agreement”) are an agreement between LibertyLynx.com, LLC (“LibertyLynx” or “us” or “our”) and you (“User” or “you” or “your” or “city” or “government”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Liberty Lynx LLC, of the LibertyLynx.com website, and of the web management services of Libery Lynx LLC (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements

  • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
  • Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

  • By registering for or using the Services, you represent and warrant that:
    • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
    • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
  • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. LibertyLynx is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may contact LibertyLynx via email to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
  • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is the responsibility of city officials to maintain the confidentiality of  passwords and other information related to the security of any account.
  • The Service and any data you provide to LibertyLynx is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

Transfers

Liberty Lynx Content

Third Party Products and Services

  • Third Party Providers
    Liberty Lynx may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Liberty Lynx does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Liberty Lynx is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
  • Liberty Lynx as Reseller or Licensor
    Liberty Lynx may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Liberty Lynx Products”). Liberty Lynx shall not be responsible for any changes in the Services that cause any Non-Liberty Lynx Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Liberty Lynx Products, either sold, licensed or provided by Liberty Lynx to you will not be deemed a breach of Liberty Lynx’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Liberty Lynx Product are limited to those rights extended to you by the manufacturer of such Non-Liberty Lynx Product. You are entitled to use any Non-Liberty Lynx Product supplied by Liberty Lynx only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Liberty Lynx Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Liberty Lynx Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
  • Third Party Websites
    The Services may contain links to other websites that are not owned or controlled by Liberty Lynx (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and Liberty Lynx Systems.

  • Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
  • The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Liberty Lynx may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
  • Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Liberty Lynx may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
  • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Liberty Lynx of an issue, we reserve the right to leave access to services disabled.
  • Liberty Lynx reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer.

Compatibility with the Services

  • You agree to cooperate fully with Liberty Lynx in connection with Liberty Lynx’s provision of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Liberty Lynx is not responsible for any delays due to your failure to timely perform your obligations.
  • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Liberty Lynx to provide the Services, which may be changed by Liberty Lynx from time to time in our sole discretion.

Billing and Payment Information

  • Prepayment.
    It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
  • Autorenewal.
    Unless otherwise provided, you agree that until and unless you notify Liberty Lynx of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
  • Taxes.
    Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Liberty Lynx’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
  • Late Payment.
    All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Liberty Lynx may suspend or terminate your account and pursue the collection costs incurred by Liberty Lynx, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Liberty Lynx will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
    Web servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Liberty Lynx directly after you make a late payment to reactivate the dedicated server.
  • Fraud.
    It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Liberty Lynx may report any such misuse or fraudulent use, as determined in Liberty Lynx’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
  • Invoice Disputes.
    You have ninety (90) days to dispute any charge or payment processed by Liberty Lynx. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
  • Payment Card Industry Security Standard Disclaimer.
    Liberty Lynx complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information.

Transfer of web management and web accounts

  • The city agrees to hand over all accounts, including login details, related to the management of the city website, email, and social media, to Liberty Lynx. The city grants us the ability to end any and all accounts, including ongoing, prepaid packages as most of these will be provided directly by Liberty Lynx.

CPU, Bandwidth and Disk Usage

  • Permitted CPU and Disk Usage.
    All use of hosting space provided by Liberty Lynx is subject to the terms of this Agreement and the Acceptable Use Policy.  Hosting space usage is limited by the resources allocated to the specific plan that you have purchased.

Price Change

Coupons

Limitation of Liability

Indemnification

Arbitration

Independent Contractor

Governing Law; Jurisdiction

Disclaimer

Backups and Data Loss

Limited Warranty

Disclosure to Law Enforcement

Entire Agreement.

Headings.

Changes to the Agreement or the Services

  • Liberty Lynx may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Liberty Lynx website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
  • Liberty Lynx reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

Waiver

Assignment; Successors

Force Majeure

Third-Party Beneficiaries

This file was last modified on August 14, 2017