Effective Date:  This Terms of Use Agreement was last updated on Friday, March 17, 2006.

This Terms of Use Agreement sets forth the standards of use of the Bailey Link Corporation Online’s Service. By using the www.baileylink.net website you (the “Visitor”) certify that you are at least 18 years of age and agree to these terms and conditions and current fee schedules posted. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at www.baileylink.net website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 1.      Description of Service

Bailey Link Corporation is providing Visitor with (1) access to its Link Services where Bailey Link acts as a third party host and maintains forms, billing and payment automation services for various organizations link to the on-line agreement (2) an e-subscription service (3) facilitation of Web hosting, maintenance and design (3) sale of promotional products (4) various services in which Bailey Link is an affiliate whereby Visitor actually leaves www.baileylink.net in order to engage in another vendor’s website.  Visitor must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor’s access to the Internet, and (3) pay any fees relate with such connection. 

1. Link Services – for our Sales Tax Link and Utility Bill Link services, agreements are posted in those interfaces separately.

2.  E-subscription – Visitor can “opt-in” to Bailey Link’s e-mail list to be a recipient of Bailey Link’s newsletter, The Web Consultant.  The newsletter will contain helpful advice on building a better looking Website, improving functionality of the Website, and creating traffic to the Website.  Bailey Link supports a privacy policy, is anti-spam, and will not share this email list with any other party.  Anyone not wishing to receive the e-subscription can cancel it from the email that is received.

3. Facilitation of Web hosting, maintenance and design - provisioning of web hostingservices may be occur on Bailey Link owned servers and connectivity to the Internet (the "Services") or those Services may be provisioned on leased space on a third party’s server.  The determination of where the provisioning will take place will be left to the sole discretion of Bailey Link.  Visitor will be given access to manage his own web hosting account and can choose to physically relocate his website at will at anytime.  Bailey Link will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Bailey Link or its outsourced provider maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. Bailey Link reserves the right to monitor its systems, including those that are outsourced, electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Bailey Link will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.

4. Affiliate Services – See Third Party Sites

2.      Disclaimer of Warranties.

The site is provided by Bailey Link Corporation on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Bailey Link Corporation makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Bailey Link Corporation shall have no liability for any interruptions in the use of this Website.  Bailey Link Corporation disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

 3.      Limitation of Liability

BAILEY LINK CORPORATION SHALL NOT be liable for any damages whatsoever, and in particular Bailey Link Corporation shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Bailey Link Corporation has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4.      Indemnification

Visitor agrees to indemnify and hold Bailey Link Corporation, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.

5.      Modifications and Interruption to Service

Bailey Link Corporation reserves the right to modify or discontinue the Service with or without notice to the Visitor. Bailey Link Corporation shall not be liable to Visitor or any third party should Bailey Link Corporation exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Bailey Link Corporation does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6.      Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.

7.      Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors, Bailey Link customers or collected from publicly available sources.  While Bailey Link Corporation makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Bailey Link Corporation makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8.      Governing Jurisdiction of the Courts Louisiana

Our website is operated and provided in the State of Louisiana.  As such, we are subject to the laws of the State Louisiana, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Louisiana. 

9.      Compliance with Laws.

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10.  Copyright and Trademark Information

Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Bailey Link's servers nor the links to other websites are screened, approved, reviewed or endorsed by Bailey Link. Bailey Link is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Bailey Link's statements of advice, opinion or information.

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Bailey Link Corporation / www.baileylink.net, will all rights reserved, or is the property of Bailey Link Corporation and/or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bailey Link Corporation is strictly prohibited.  Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Bailey Link Corporation.

Bailey Link Corporation ™ and Bailey Link Corporation.com™ are proprietary marks of Bailey Link Corporation.com.  Bailey Link Corporation’s trademarks may not be used in connection with any product or service that is not provided by Bailey Link Corporation, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bailey Link Corporation.

All other trademarks displayed on Bailey Link Corporation’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or Customers.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Bailey Link Corporation.

11.  Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Bailey Link Corporation designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

Bailey Link Corporation

PO Box 59988, Metairie, LA 70055

By Telephone: (504) 833-1689

By Email: customerservice@baileylink.net

It is not Bailey Link's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Bailey Link is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Bailey Link will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Bailey Link has a policy of terminating accountholders who are copyright infringers. For more information, please visit the Copyright Infringement section of this Agreement.

12.  Botnets

Bailey Link Corporation retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Bailey Link Corporation reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13.  Payment Policies, Fees, and Refunds:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime.  All fees are nonrefundable.

If your web site has an overdue balance, Bailey Link will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current.

14.  Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Bailey Link Corporation, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor.  Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Accounts cancelled/terminated by Bailey Link for violating Bailey Link Restrictions policy do not qualify for a refund. For example, if your account is cancelled due to spamming, you will not be given any refund.

NOTE: Bailey Link charges a $25.00 fee for returned checks and a $75 fee for charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. You may cancel at anytime. Phone requests and email will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Bailey Link that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All baileylink.net accounts must be paid in full before the cancellation will be considered complete. Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Bailey Link to formally cancel your account and avoid further charges.

Account Changes: Most account maintenance issues can be handled in your Control panel. Simply access your control panel and click on "Account Maintenance".

Account Ownership: Bailey Link is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site. If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to Bailey Link servers. Once the Web site is published to Bailey Link servers the account owner has retained ownership of that content.

Domain Registration/transfer: It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered. You should check the expiration date of your domain's registration with your registrar. 

Email Policy: Bailey Link may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than about 150 emails/hour. * Client is responsible for keeping email storage on each POP3 box below 100 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.

SPAM Policy: Bailey Link is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Bailey Link network, by customers or any other users of the Bailey Link network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Bailey Link server. We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Bailey Link email address or web site URL is prohibited. The use of Bailey Link servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $600. If you have any complaints or comments regarding Spam on Bailey Link network, please direct them at to Bailey Link staff here.

Content Policy: All services provided by Bailey Link may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Bailey Link from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography is prohibited on all Bailey Link servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Bailey Link will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Bailey Link servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. Bailey Link will be the sole arbiter as to what constitutes a violation of this provision.

CGI Scripts Policy: Each web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Bailey Link customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.

Traffic Policy: Bailey Link allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Bailey Link customers are discouraged from storing any files that cause excessive traffic on Bailey Link servers. Please contact Bailey Link web hosting technical support team for more information. Again, 99% of the sites do not fall into this category and never reach Bailey Link traffic limits. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Bailey Link or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. We will not host web sites which contain adult material. You will be charged for transfer that you use beyond the defined data transfer limits without prior notification. You can setup your account to notify you via email when you are nearing your data transfer limit. Just click on "Account Management" and setup the notification. You can monitor your monthly transfer that you have used in the "Resource Meter" area of your control panel and you can add more transfer to your account at any time by clicking on "Upgrade CP" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages. If your web site has used all the bandwidth transfer that you have purchased, Bailey Link system will suspend your account until you contact us to purchase additional bandwidth transfer.

Backups: Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of Bailey Link, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Bailey Link will attempt to recover the data from the most recent archive for a $75.00 fee.

Telephone Support: Client agrees to use customerservice@baileylink.net for Help Desk support for web hosting technical support issues. Bailey Link does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hr period. Clients who abuse telephone support privileges may, at Provider's sole discretion, have telephone support privileges revoked and/or incur a charge of $5.00 per call. Bailey Link shall have sole authority to determine violations of this policy.

Privacy: We use your IP address to help diagnose problems with the Web server, and to administer our Web site. Bailey Link site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to generate accounts. The customer's contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services.

Registration: In order to register for Bailey Link service(s), the user is required to supply his / her Full Name, Company Name, Full Address, Phone Number, E-mail address, username, and domain name. To register for Web Hosting, the user must also supply a username, password and domain name.

Sharing of Information: Bailey Link uses the above-described information to contact Bailey Link clients in regards to changes in Bailey Link services. Information that is collected is not shared with or sold to any third party. This site does contain a small number of links to other sites. Bailey Link is not responsible for the privacy practices or the content of such Web sites.

You are given a limited amount of transfer and if we feel that you are using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to you. 

 Bailey Link strives to offer a Service with minimal downtime, however, there is no uptime guarantee.

Copyright © 2006 Bailey Link Corporation. All rights reserved.