Table of Contents

1. Introduction
2. Hosted and Transmitted Material and Compliance with the Law
3. Uses of Arquan Web Hosting Services and Products
4. Procedures Regarding Violations
5. Customer Responsibility Regarding Web Site Material
6. Billing
7. Account Cancellation by the Customer
8. Account Suspension and Termination by Arquan
9. Indemnification of Arquan
10. Arquan Software and Service Accounts
11. Disclaimer

1. Introduction  | Return to top

This document (The Agreement) serves to outline the guidelines concerning web site hosting customers' usage of Arquan's Hosting Services. Arquan provides professional business web site hosting and equipment meant to be used in the most professional manner and utilized for honest, integrity based, legitimate business practices. Each Arquan customer (The Customer) must abide by the rules in this agreement in order that all Arquan customers will be able to enjoy Arquan's web hosting services uninhibited or encumbered by any single customer's actions. By utilizing Arquan's hosting services and products, the Customer agrees to be bound by the following terms.

If you have questions or comments regarding this agreement please email us: info@arquan.com

2. Hosted and Transmitted Material and Compliance with the Law  | Return to top

The customer shall not post or transmit anything on Arquan servers or using Arquan servers that is in violation of any state or federal law. This includes such items as copyrighted material, pirated software, illegal spamming, or illegal activities such as threatening or defamatory material. Arquan is to be held harmless regarding the material and actions of the customer. Arquan will take all necessary steps to comply with state and local regulations and fully cooperate with appropriate authorities if it becomes known that a customer is in violation of state or federal laws.

3. Uses of Arquan Web Hosting Services and Products | Return to top

3.1. Prohibited Hosting Items

• Copyrighted material not owned by web site operator or material in violation of the Digital Millennium Copyright Act (DMCA)
• Pornography or links to pornographic material
• Adult content of an objectionable nature or links to such
• Posting of pirated software, materials, software cracking techniques or links to such
• Links to sites that promote illegal activity in violation of state or federal laws
• Online gambling sites or activities
• Hosted gaming sites
• IRC software
• Any material containing viruses or worms

3.2 Prohibited Activities

• Spamming Arquan customers or using Arquan servers for spamming activity
• Sending UCE (Unsolicited Commercial Email) of any kind
• Spoofing or trying to make communications look like they are from someone other than the original customer
• Introducing malicious programs into the Arquan server network
• Trying to gain unauthorized access to system resources not intended for the customer
• Port scanning, DDOS attacks, or any activity considered to be a malicious attack
• Trying to gain access to other users' computer systems and resources through Arquan servers
• Intercepting any data intended for someone other than the recipient
• Attempting to circumvent any security process(es) on the Arquan servers
• Any activity negatively affecting another customer's use of Arquan services
• Harassment or abuse of any kind of other Arquan customers, Arquan representatives or Arquan staff
• Re-selling or sub-letting your Arquan account hard disk space or services (If you are interested in re-selling hosting, Arquan has a certified reseller channel)

The company in its sole judgment reserves the right to interpret what is best for the overall general well-being of its customers and reserves the right to suspend any customer's account without notice found to be in general violation of rules, or that is negatively impacting the company's image or quality of service to Arquan customers.

4. Procedures Regarding Violations  | Return to top

4.1. State and Federal Law - If a violation regarding any state or federal law is reported concerning any Arquan customer, Arquan will immediately look into the situation and comply with official authorities to the fullest extent. If the violation is found to be valid with regard to state and federal laws, the customer's account will immediately be suspended and possibly terminated. Customers with suspended or terminated accounts are not eligible for refunds.

4.2. UCE Violations - If a customer is reported to to have a UCE (Unsolicited Commercial Email) violation, the issue will be immediately looked into. If the customer is found to be in violation of UCE regulations, the account will be immediately suspended and possibly terminated without notice. Customers suspended or terminated due to UCE violations are not eligible for refunds.

4.3. Arquan Prohibited Hosting Activities - With regard to prohibited hosting items and activities listed above, if a violation is reported or discovered, Arquan will immediately look into the issue. If the customer is found to be in violation of any of the prohibited activities or hosting items, the account will immediately suspended. If in Arquan's sole judgment, the violation was not intentional, the account may be reinstated once the violation is corrected. Accounts are subject to termination if the violation is perceived to be intentional based on Arquan's sole judgment and depending on the severity of the violation. Suspended or terminated accounts are not eligible for refunds.

4.4. Any violation by the customer deemed to cause Arquan monetary, physical, or company image damage, may result in legal proceedings against the customer.

4.5 Arquan strictly adheres to the the Digital Millennium Copyright Act. To report violations of the DMCA, please email abuse@arquan.com. Reported violations will immediately be investigated. The customer's hosting services may be suspended pending investigation of the alleged violation. Arquan will notify customer in the event that web hosting services will be suspended.

5. Customer Responsibility Regarding Web site Material   | Return to top

5.1 All files that are placed on Arquan servers with the exception of the development server, must be deemed to be in a condition that is ready for publishing. It is strictly forbidden to do development on the live server which could affect other customers. Certain knowledge is required when dealing with scripting languages and databases, which if incorrectly coded, could cause the server to crash, or otherwise become non-responsive.

5.2. Any customer found to have caused a server crash, non-responsive condition, or requiring maintenance or intervention by Arquan, due to placing files on the live server(s) or coding practices, will be billed the normal published hourly rate to fix the issue and restore the sever to its original condition before the incident. Please see the Arquan pricing page for labor rates.

5.3. It is not Arquan's responsibility to teach or support customers regarding scripting languages of any kind. Arquan supports the server systems and system availability with regard to hosting services and accessibility for Arquan customers and public Internet traffic.

5.4 It is the responsibility of the customer to make sure that all material that resides on the customer's web site is owned by the customer and not in violation of Copyright law or the Digital Millennium Copyright Act.

6. Billing | Return to top

6.1. Individual customers other than certified resellers are required to keep current credit card information on file for monthly recurring billing.

6.2. If the credit card on file becomes outdated or is declined for hosting charges, Arquan will contact the billing contact for the customer and attempt to update the credit card information on file.

6.3. If expired credit card information or declined credit card information cannot be updated within 10 days following the billing date of the hosting charge, the account will be suspended due to non-payment until updated and valid credit card information is supplied by the customer.

6.4. Accounts suspended due to non-payment will incur a $35.00 re-activation fee.

6.5. By placing a credit card on file with Arquan, the customer agrees to pay monthly hosting charges due, plus any other disclosed setup fees or charges for products or services such as account limit overages, secure certificates, and shopping cart setup fees.

7. Account Cancellation by the Customer  | Return to top

7.1. Cancellations must be received a minimum of 15 days prior to the next billing date.

7.2. If a cancellations is received less than 5 days prior to the next billing date, the recurring monthly charge will be assessed and the customer is not eligible for a refund. Customer will not receive a refund due to things beyond Arquan's control such as postal service delivery times or connectivity issues with the customers Internet Service Provider.

7.3. Acceptable forms of cancellation are notification in writing by mail, email and fax. Arquan will acknowledge receipt of cancellation notification via email or phone.

8. Account Suspension and Termination by Arquan  | Return to top

8.1. Arquan reserves the right to terminate the customers account without refund due to the following:

• Non payment of charges due by Customer
• Violations of any hosting conditions listed in this agreement
• The commencement of any lawsuit or proceeding against the customer as a result of customer's use of Arquan hosting services or products.

8.2. Customer is not entitled to any refunds as a result of account termination by Arquan.

9. Indemnification of Arquan | Return to top

9.1. The customer agrees to indemnify and hold Arquan harmless from any lawsuit, claim, charge, or expense arising from the use of Arquan's hosting services and products.

10. Arquan Software and Service Accounts | Return to top

10.1. Customer shall not attempt to gain access to software code, reverse engineer, or circumvent any security process concerning Arquan provided software or services.

10.2. Customer shall take all necessary precautions to protect account access and login information from unauthorized access.

10.3. Customer acknowledges that Arquan does not provide technical support for any software and/or script that is not provided by Arquan or that the customer provides or uploads.

10.4 Customer acknowledges that software provided in conjunction with Arquan hosting services remains the property of Arquan and is not owned by customer unless specifically purchased in open source or encrypted versions from Arquan or purchased from an official third party software vendor through Arquan. All software is governed by EULA (End User License Agreements) and is not eligible for re-sale, sub-lease, or any other form of distribution.

11. Disclaimer | Return to top

11.1. USE OF ARQUAN'S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER ARQUAN NOR ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ARQUAN’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF ARQUAN’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH ARQUAN’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ARQUAN AND ITS EMPLOYEES OR OTHER CAUSES.

11.2. THE SOLE CUMULATIVE LIABILITY OF ARQUAN FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO ARQUAN BY THE CUSTOMER.

11.3. Arquan reserves the right to revise or change these Terms of Service at any time.

11.4. This Agreement shall be governed in all respects under the laws of the State of Kansas applicable to contracts made, accepted and performed wholly in Kansas, without application to principles of conflict of laws, and the Customer and Arquan agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Kansas.