Web Site Hosting Service Agreement
Updated December 15, 2004
By subscribing to any of Argweb.com Hosting's services, you unconditionally agree to the following Terms and Conditions.
The following agreement is between Argweb.com Hosting and You (“Client”)
WHEREAS, Argweb.com is an Internet Service Provider offering storage and transfer of documents and other information over the Internet;
WHEREAS, Client seeks to use these servers for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Argweb.com can make no guarantee that any given party shall be able to access the server made available by Argweb.com at any given time. Argweb.com represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
Length of service
Client agrees a twelve (12) month contractual term of service (“Term”) payable in advance.
Service start date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Argweb.com' receipt of payment for such first Term of service or upon a mutually agreed upon other date.
Renewal by client
Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to your account.
Failure to pay
In the case of a web site hosted on an Argweb.com hosting server, failure of Client to remit payment to Argweb.com by the invoice due date is cause for removal of the Client's web site files from the Argweb.com hosting server. Client agrees that Argweb.com shall not be held liable for such removal or disconnection.
In the case of a customer's colocated server, failure of a Client to remit payment to Argweb.com by the invoice due date is cause for the server to be disconnected from the Argweb.com network and unplugged without further notification by Argweb.com. Client agrees that Argweb.com shall not be held liable for such removal or disconnection. Disconnected customer owned equipment shall be returned to the customer only upon full payment of outstanding invoices, less any credits due based on our Refund Policy, below. Argweb.com shall not be held responsible for such equipment when held in such disconnected/unplugged fashion for over sixty days, after which the equipment will be deemed to be abandoned by the customer.
Refund policy
Setup charges are not refundable under any circumstances.
The first Term of service is not refundable under any circumstances.
Refunds of renewal fees paid to Argweb.com shall only be made for fully unused calendar months of service that the Client desires to cancel.
Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of the Argweb.com Policies.
II. Taxes:
Argweb.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Argweb.com' server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
Argweb.com will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the Argweb.com Policies and Terms Of Service Agreement.
Argweb.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Argweb.com also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Argweb.com is at the Client's own risk, and Argweb.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Argweb.com does not represent guarantees of speed or availability of end-to-end connections. Argweb.com expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Argweb.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
V. Age:
Client certifies that he or she is of full legal age to enter into this agreement.
VI. Policies
Client agrees to all terms in the Argweb.com Policies and Terms Of Service Agreement.
Argweb.com network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Argweb.com. All messages transmitted by Client should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VII. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, email or fax transmission. Argweb.com reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Argweb.com may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
Termination for any violation of the Argweb.com Policies and Terms of Service Agreement shall be immediate. Argweb.com may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the Argweb.com Terms of Service agreement or should the Client fail to remit payment to Argweb.com by the Client's invoice due date.
Client may be liable for certain fees relating to termination when such termination is due to Unsolicited Commercial E-Mail. Such fees are outlined in the Argweb.com Policies and Terms of Service Agreement.
Notice of cancellation
Written notice of cancellation may be by postal mail, email or fax transmission.
VIII. Limited Liability:
1. Client expressly agrees that use of the Server offered by Argweb.com is at Client's sole risk. Neither Argweb.com, its employees, affiliates, agents, merchants, licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Argweb.com Server service.
2. Under no circumstances, including negligence, shall Argweb.com, its offices, agents or anyone else involved in creating, producing or distributing Argweb.com' Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Argweb.com Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Argweb.com' records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Argweb.com' Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
IX. Lawful Purpose:
Client may only use Argweb.com' Server service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
X. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Argweb.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against Argweb.com, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Argweb.com against Liabilities arising out of any of the following:
any injury to person or property caused by any products sold or otherwise distributed in connection with Argweb.com' Server service;
any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement; and
any defective product which Client sold on the Server offered by Argweb.com.
XI. Domain Name Ownership, Disputes, and Use
Client agrees that Argweb.com may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:
Client agrees to hold Argweb.com harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client's domain is hosted at or continued to be hosted at Argweb.com.
Client agrees that Argweb.com has the right to discontinue name service in the event of such dispute over a Client's domain name.
Client agrees that should Argweb.com discontinue name service for Client's domain upon notification of such dispute that Argweb.com will not be liable for any loss of business, interruption of business, loss of Client's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Argweb.com has been advised of the possibility of such damages.
In no event shall Argweb.com' maximum liability exceed twenty five (£25.00) pounds.
Client agrees that an Argweb.com contact person shall be named as the “technical or zone contact” for any domains hosted at Argweb.com. Client agrees that Argweb.com may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes.
XII. Contract Revisions:
Revisions to this Contract will be considered agreed to by the Client on renewal of Argweb.com Services as specified in Section I. Financial Arrangements.
Policies and Terms of Service
Updated December 15, 2004
Argweb.com Computer Systems and its affiliates, hereafter referred to as Argweb.com, provide a range of electronic and other services. Internet Services provided by Argweb.com, hereafter referred to as the Site, are provided under the following Terms of Service agreement.
SHORT & SWEET VERSION:
Unsolicited or Commercial Bulk Email Policy:
If you send unsolicited e-mail or post excessive Usenet messages promoting your site, business, or opportunity, or cause responses from such e-mail message or posting to be directed to your mailbox at Argweb.com facilities, your site, account, etc. will be deleted without warning. We will also bill you for the services you use while sending such messages, the time required to clean up any mess that you make, and any legal fees or other costs we incur while dealing with the incident.
Free Speech policy:
We don't really care about what you send in e-mail, or what you put on your web pages. But, material that we deem to be grossly offensive, including pornography and/or clear expressions of bigotry, racism, or hatred, will not be tolerated.
Piracy:
We will not tolerate the use of our services to promote software piracy.
THE FULL VERSION:
Argweb.com Hosting and its Affiliates (Argweb Design) offer a number of Internet-related services.
It is contrary to our policy for any user of any of these services to take part in any of the following activities through an Argweb.com provided service:
To send unsolicited mass emailings to more than twenty-five (25) email users, causing such unsolicited emailings to provoke complaints from any of the recipients;
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through an Argweb.com account or with an Argweb.com account as a maildrop for responses;
To use the argweb.com domain name(s) or the domain name of any Argweb.com affiliates to advertise any Argweb.com website or service via Unsolicted Commercial Bulk Email as defined above.
Argweb.com considers the above practices to constitute abuse of its service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Argweb.com' terms and conditions of service. Engaging in any of these practices will result in termination of the offender's account and/or access to Argweb.com services.
In addition, Argweb.com reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded.
This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Argweb.com' terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Argweb.com will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit Argweb.com' actions or remedies in any way with respect to any of the foregoing activities, and Argweb.com reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from use of Argweb.com services.
In addition, Argweb.com reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
By use of the Site, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.
Site Guidelines
Argweb.com is not responsible for the content of any web site, and the views expressed are the responsibility of the User and not Argweb.com. Argweb.com does not review User-uploaded Web pages in any way before they appear on the Site. Argweb.com reserves the right to remove any page from the Site at any time without notice.
Argweb.com provides space for Web Pages & Sites but makes no implied or express warranties about the reliability of these pages. Argweb.com is not responsible for any damage caused by loss of access to, or deletion or alteration of web pages; individual Users are responsible for monitoring and creating backups of User-uploaded pages.
The following is a non-exclusive list of actions and content that are not permitted on the Site:
Any use of copyrighted material without the express permission of the author or owner.
Pages that exploit the images of anyone under the age of 18.
Material that we deem to be grossly offensive, including pornography and/or clear expressions of bigotry, racism, or hatred.
Messages, web pages, or communications of any kind that promote illegal activity.
Material that defames, abuses or threatens others.
Making available copyrighted software which has been “cracked” - i.e., the copyright protection has been removed from the software.
Making available serial numbers for software which can be used to illegally validate or register software;
Making available tools which can be used for no purpose other than for “cracking” software.
Indemnity
User agrees to indemnify Argweb.com and any third-party information providers against any and all claims and expenses, including attorneys' fees, arising from the User's use of the Site. This expressly includes: (i) User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within User's Web Page or other portion of the Site.
Termination of Service
Argweb.com may terminate any and all information, communications, Postings, or Web Pages at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Argweb.com elsewhere on the Site. Argweb.com may terminate and delete any and all information, communications, Postings, or Web Pages for online conduct that Argweb.com believes is harmful to other Users, the business of Argweb.com, or other third-party information providers.
Fees for unsolicited commercial e-mail
Argweb.com will apply the following charges to unsolicited commercial e-mail that passes through the Site.
For each Unsolicited Commercial E-Mail message received at the Site: £100 per copy
For each Unsolicited Commercial E-Mail sent via the Site: £25 per copy
Cleanup charge for service termination related to Unsolicited Commercial E-Mail: £250 per incident
Administrative charge for redirection of “remove me” or other “abuse” messages related to forged headers in Unsolicited Commercial E-Mail: £25 per message
We will also charge for any legal fees or other costs we incur while dealing with the incident.