Important Legal Agreements
Argon Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Argon Hosting are subject to the following terms of service:
Indemnification Policy
You agree to use all Argon Hosting services and facilities at your own risk. Argon Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Argon Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Argon Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Argon Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Argon Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Argon Hosting's server.
Argon Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Argon Hosting's server. Argon Hosting shall be the sole judge of what violates this Policy.
Billing:
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Your services are on a month-to-month contract and is automatically renewed unless we are notified otherwise. Argon Web Management, Inc. requires a 10-day period in which any invoices due within that time period shall be paid prior to cancellation.
Late Payments:
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy:
All services provided by Argon Hosting may be used for lawful purposes only and rely on our Fair Usage Policy. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Argon Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Argon Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Fair Usage Policy
Some Argon Hosting plans may describe website storage, bandwidth, email, databases, or other features as flexible or unmetered. This means Argon does not apply a fixed published monthly allocation to ordinary use of those features as part of the normal operation of websites. It does not mean that computing resources are infinite or may be used for purposes unrelated to the hosted website.
Hosting resources are intended for the normal operation of websites, web applications, email accounts, and databases associated with the customer’s business. Shared hosting may not be used primarily as a file-storage repository, remote backup service, bulk-download platform, video-distribution service, or other resource-intensive service that is not part of normal website operation.
Argon evaluates usage based on its duration, purpose, effect on server performance, security risk, and impact on other customers. If sustained or unusual usage affects the stability, security, performance, or availability of the hosting environment, Argon will ordinarily contact the customer and work toward an appropriate solution. That solution may include website optimization, removal of non-website data, migration to a higher-capacity plan, or a custom hosting configuration.
Argon may temporarily restrict resource usage without prior notice when immediate action is reasonably necessary to protect platform security, service availability, or other customers. Whenever practical, Argon will provide notice and an opportunity to resolve the issue before applying restrictions.
LIMITATION OF LIABILITY:
Argon Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Argon Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Argon Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Argon Hosting servers. All damages shall be limited to the immediate termination of service.
HACKED/COMPROMISED WEBSITES
You are responsible for the security of any passwords, settings, or software that you have the access to change or install on your account. By hosting on Argon Web Management, Inc. servers, you have agreed to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. 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. Argon Web Management, Inc. is not held responsible for any hacked/compromised websites. A site that has been compromised may be taken offline immediately until the website has been secured and cleaned of any hacks/viruses. It is the customer’s responsibility to make sure their website does not get hacked; similarly it is the customer’s responsibility that any costs needed to make the server/website safe again will be billed to their account including but not limited to root level compromises, defacement attacks, WEB_ATTACK/SHELL ACCESS attacks, DDoS for extended period of time to cause long term down time caused by said website, domain level compromise due to outdated software.
Argon Web Management, Inc reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to: Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks (DDoS), storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators".
DISCLAIMER:
Argon Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Argon Hosting are resold. Thus, certain equipment, routing, software, and programming used by Argon Hosting are not directly owned or written by Argon Hosting. Moreover, Argon Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Argon Hosting sees fit. FURTHERMORE, Argon Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
