- AGREEMENT.
In this Terms of Service Agreement ("agreement"), "you" and "your" refer to each customer (Customer), "us", "we" and "our" refer to Argus Business Solutions Group, and "services" refers to our hosting services (Company). You agree to be bound by this Terms of Service Agreement, and any modifications to this Agreement that we post on our Web site, as long as you continue to use our services.
- FEES FOR HOSTING SERVICE.
Our hosting service is billed on the first of every month, or purchasing aniversary date on a quarterly, bi-annual or yearly basis. You agree to pay us the applicable hosting fee until you cancel the service. If payment is not received within 15 days of the due date (for example, if your credit card company declines to authorize a charge to your credit card and you do not provide alternate payment), we may suspend your use of the services until payment is made in full. To reinstate service you have to pay all Hosting Fees in arrears and potential reinstament FEE of 30% of balance in arrears or $125, which ever is greater, at our option.
There are no setup fees unless specified by Company, or contracts.
If you fail to reinstate services you are in breach of this agreement and as such we are not required to backup nor be able to restore your web site files after 30 days from said breach of agreement. In addition, your domain name(s) and web site files shall be held in escrow as property lein until such reinstatement of account occurs. Further, its not the Company's obligation to renew your domain names(s) while you have a balance due of monies owing to us, however, we shall perform our best effort to notifiy you of your domain name(s) renewal(s) via the eMail Address on file with our current Domain Registrar.
- HOSTING CANCELLATION AND REFUNDS.
You may cancel hosting at any time by submitting a support ticket or an eMail to our support eMail Address with your request as long as your account is active and good standing. We will refund any full months of your Hosting Fees while your account is active and good standing plus have paid in advance less any open balances owed to us unless you are in breach of this agreement. Any balance of advance payment shall be considered liquiaded damges for breach in the terms of agreement. If you have registered a domain name(s) with us that fee can not be refunded, however, you have ownership of such domain name(s) until it expires and the domain(s) can be transferred to any ICANN Approved Registrar of your choosing.
There are no cancellation charges unless the you have received a free domain name and in which case you shall be charged 30% Early Termination Fee equal to on month of service fees or $175, which every is greater, at our option.
- THIRD-PARTY SERVICES.
We offer many third-party services and each of these services have thier own terms and conditions of service. If you need an updated copy the terms and conditions of service for any of theses please contact our support department. Once you have paid for your service you are then bound by the terms and conditions via the provider of the service providing the service and not us.
- HOSTING SERVICE GUARANTEE.
We guarantee 99.9% uptime or better. If your hosted service is not available to the public at least 99.9% of the time in any given month, we will provide credit of the monthly service fee against your next Invoice upon customer request. No credit shall exceed any single month hosting fee. No Cash or Credit Card or Paypal Refunds.
- FEES FOR "DOMAIN NAME" REGISTRATION ARE NON-REFUNDABLE.
Most of the time is not technically possible to cancel or modify a domain name after it is registered, so we cannot offer a refund if you change your mind or realize you made a typographical error. Please verify that you have spelled your domain name correctly, and that you actually want to register the name you have typed, before finalizing your order. However, If you find yourself with a domain name issue please open a ticket with us and we MAYBE able to get a refund, on your behalf from the underlying Registrar, at their discretion, in accordance with ICANN Polices.
- NO SPAM.
You may not send unsolicited bulk messages, commonly known as "spam". You may not intentionally receive replies from, or distribute information to, any person responding to unsolicited bulk messages. You may not provide support to others who send unsolicited bulk messages (for example, by offering e-mail addresses or bulk mail software for sale). More generally, you may not engage in any activities that could cause our computer systems to be added to antispam blacklists, such as the MAPS RBL. Finally, you may not have engaged in these activities elsewhere before opening an account with us.
An "unsolicited bulk message" is defined as one of five or more similar e-mail messages sent within 24 hours to persons with whom you have had no prior communication, or any Usenet newsgroup message that primarily advertises your Web site without contributing to an ongoing discussion (except in the case of messages to newsgroups with a charter or FAQ that specifically encourages "announcements" related to your topic).
By way of example, note that this section of the agreement specifically prohibits:
Promoting your Web site by sending e-mail messages to any list of recipients, unless you have personally verified that each recipient has asked to receive such e-mail from you (purchasing a list of addresses that the seller claims to be "opt in" is not sufficient, as most such lists are fraudulent).
Promoting your Web site by posting messages to Usenet newsgroups, unless that newsgroup's charter specifically allows such announcements or you are legitimately participating in active discussions that include other people ("legitimately participating" means posting messages that go beyond simply advertising your Web site).
- BULK MAIL.
You may use our services for promotion of your goods, services or web site through mass email, so long as all address lists are opt-in, verified and maintained by you, a valid un-subscribe process in maintained that we may review, and that you follow any and all applicable local, state, federal, and international laws governing unsolicited email. Furthermore, mailings are limited to 500 messages no more than two (2) times per week. If you require additional bulk mailing services, please contact us about managed hosting services.
- PCI COMPLIANCE OF ECOMMERCE.
We provide PCI Compliant hosting services as long as you use our dedicated PCI Compliant Servers that has the additional security, plus a higher cost, as required by PCI-DSS. This can be true for even a small web sites that have a link to a remote credit card processing service. Failing to notify us of such a requirement does not obligate us upon any breach of the service or loss of revenue or fines by levied against you by your Credit Card Merchant, Credit Card Service Provider, the State of Pennsylvania, the Federal Government or other such government or non-governmental organization that has jurisdiction over such an event.
- Web Site Security.
Any and ALL files loaded onto Customer's Web Site by Customer or on behalf of Customer by Company by any means, constitutes software and therfore in whole or in part must provide resonable security, as defined and determined by Company, to protect the Company's shared or dedicated Web Site Services against unauthorized change or alteration of software loaded onto Customer's Web Site and/or to infect Company's Servers with unauthorized sofware of any kind including Malware. Failure to prevent such unauthorized changes or alternation of software shall be considered a software defect. The Company is not required to monitor nor inspect Customer's software on Customer's Web Site for any such software defects, however, once a software defect is recognized by Company it is the Customer's responsbility to repair and resolve the issue imemdiately after notification by Company to Customer.
At Customer's option they can hire the Company to repair or replace software at a mutually agreeable fee. Of course, the Customer is NOT limited to hire Company and is freely able to purchase or hire software progroamming services from any organizaion, company, person or persons to repair such defect.
The Company shall notifiy the Customer of any software defect by eMail or in writing upon wich the Customer's Web Site may be shutdown imemdiately until such software defect repair is made and approved by Company. Once the Company notifies Customer of the software defect and Customer and Company fails to negotiate resonpabile terms of repair of reported software defect then the Customer shall be in breach of this Agreement. Once a breach of this agreement occurs then Customer's Hosting Services shall be terminated immediately or any period of time choosen by Company, however, is generally not more than 30 days from the date of notice.
- NO ILLEGAL ACTIVITIES.
You may not use our services to distribute information that infringes the intellectual property rights of others, to sell products by mail order that cannot be legally sold and shipped within the United States, to distribute information that primarily describes illegal activities, to gain unauthorized entry to any
computer system, or to perform other illegal activities.
- NO HATE SPEECH.
You may not use our services to distribute material intended to denigrate or defame private individuals or groups of people identified by their race, religion, national origin, gender, or similar group identity. (Non-libelous criticism of public figures is permitted.)
- VIOLATIONS.
If we determine that you have intentionally violated the NO SPAM, NO ILLEGAL ACTIVITIES, or NO HATE SPEECH provisions of this agreement, we will immediately terminate your use of the services without refund. The determination of any such violation shall solely rest with us. If you intentionally violate the NO SPAM provision of this agreement, we will also charge you for the time we spend responding to and investigating complaints about your activities, at a rate of $200 per hour. You agree in advance to pay for any such charges.
- LIMITATION OF LIABILITY.
Company's entire liability, and Customer's exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to cancellation of services by Customer in writing to Company's mailing address. In any event, ALL Directors, Officers, Employees, Agents, Consultants, Parents, Affilicates, Successors, Assigns or Service Providers shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punative damages as a result of Customer's use of or inability to use the services by Company, or for the cost of procurement, by Customer, of substitute or replacement services.
Some Jurisdictions do not allow the limitation of exclusion of liability for incidental or consequential damages so some of the above limitation may not apply to certain Customers. In no event shall the total liability of Company to Customer for all damages, losses, and causes of action (weather in contract or tort, including, but not limited to negligence, or otherwise) arising from use of Company's Services, exceed, in the aggreate, the amount of Customer Fees for a period of a single Georgian calendar month at time of claim by Customer, for incidental or consequential damages. The Gregorian Calendar is the de facto international standard, and is used by all of courts of competent jurisdiction for civil purposes. It is a purely solar calendar, designed to keep the duration of the year aligned with the solar year in our Solar System. International Astronomical Union (IAU), the body authorized internationally to name stellar objects, defines all of "Planets", including Earth, part of "the Solar System".
- CONTROVERSY OR CLAIM.
These Terms of Service and the relationship between Customer and Company shall be governed and interpreted in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law provisions. Customer agrees to submit to the exclusive jurisdiction over all disputes hereunder and venue in the federal and state courts in the State of Pennsylvania located in Montgomery County.
In addition, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules with such arbitration panel to be held in Montgomery County part of the State of Pennsylvania, and such judgment on the award rendered by the arbitrator(s) may be entered in Montgomery County Court part of the State of Pennsylvania having competent jurisdiction thereof.