Web Services Agreement
The website hosting, email hosting, and domain name services (“Services”) provided by ArrowQuick Solutions, L.L.C. (“ArrowQuick”) are at all times subject to the terms and conditions of this Agreement. The spirit of this policy is to ensure our customers are using ArrowQuick’s services with due regard to the rights of other Internet users and in conformity with the requirements of ArrowQuick’s network environment. If you do not agree to these terms, all services will be discontinued, activation of the account will cease and your account terminated.
Information Provided By You
You warrant that the name, address and payment information that you provide when you subscribe for the services is correct and you agree immediately to notify ArrowQuick of any changes in the name, address and/or payment details.
You agree that ArrowQuick may disclose your name and address where so required under a court order or police warrant or where it comes to ArrowQuick’s attention that you are using your web pages in order to perform an illegal activity.
You must be at least 18 years of age and possess the legal right and ability to enter into this Agreement and to use the Services in accordance with this Agreement. You agree to be responsible for the use of the Services and to comply with your responsibilities and obligations as stated in this Agreement.
You shall at your own expense supply ArrowQuick with all necessary documents or other materials, and all necessary data or other information relating to the Services, within sufficient time to enable ArrowQuick to provide the services in accordance with this Agreement. You shall ensure the accuracy of and shall at your own expense retain duplicate copies of, all such material and insure against its accidental loss or damage. ArrowQuick shall have no liability for any such loss or damage, however caused.
Acceptable Use Policy
These Services set forth an Acceptable Use Policy (AUP) with the intent of protecting our service, our customers, and other users of the Internet from potentially abusive actions taken by our customers. The following policy is non-exclusive; any action about which there is doubt should be referred to ArrowQuick for evaluation.
When ArrowQuick becomes aware of an alleged violation of its Acceptable Use Policy, ArrowQuick will initiate an investigation. During the investigation, ArrowQuick may restrict your access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ArrowQuick may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. If such violation is a criminal offense, ArrowQuick will notify the appropriate law enforcement authorities of such violation.
ArrowQuick does not issue credits for outages incurred through service disablement resulting from Acceptable Use Policy violations.
Abuse
Any attempt to undermine, slander, libel, threaten or cause harm to ArrowQuick’s customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
Chat Rooms
Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.
Content
All services provided by ArrowQuick 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 is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with “adult only” content, or material, protected by trade secrets and other statute.
Pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Examples of non-acceptable content or links are:
- Pirated software or MP3 files
- Hackers programs or archives
- Warez sites
- Porn
- Spamming software
ArrowQuick will be the sole arbiter as to what constitutes a violation of this provision.
Defamation
You may not host material that is:
- threatening or obscene;
- offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
- harmful to minors;
- likely to cause damage to reputation of third parties.
Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
ArrowQuick will be the sole arbiter as to what constitutes a violation of this provision.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Materials, accessible to you through ArrowQuick’s services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use ArrowQuick’s services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through ArrowQuick’s network. If you use a domain name in connection with ArrowQuick’s service, you may not use that domain name in violation of any third party trademark, service mark, or similar rights.
Security
You may not use ArrowQuick’s network or servers in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account you are not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. ArrowQuick will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You must keep secure your identification (login, password and other confidential information) relating to your accounts. You are personally responsible for the use of their accounts and the secrecy of their passwords. For corporate users, the company is also jointly and severally responsible, together with the individual using the account. ArrowQuick reserves the right to change your password without prior notice if ArrowQuick deems that it presents a security issue. You must tell ArrowQuick immediately if someone steals your password or if you find someone else is using your identification. We will change your password for you if this is the case. You agree to co-operate with us and all federal, state, and local officials concerning any legal action taken arising from the misuse of your account by anyone else.
ArrowQuick cannot guarantee that the system will never be infiltrated by unauthorised users or hackers. If you find evidence of infiltration, please let us know and we will take steps both to try and prevent it and to notify the proper authorities.
Server Resources
To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. Any website on the shared hosting plan that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level or upgrade its service to a managed hosting plan. ArrowQuick shall be the sole arbiter of what is considered to be a high server usage level.
Spam or Unsolicited Email
You may not use ArrowQuick’s network, ArrowQuick’s equipment or ArrowQuick’s email service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited email messages. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the ArrowQuick’s network, ArrowQuick’s equipment or ArrowQuick’s email services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.
In case sufficient evidence is presented about any violation of this provision, ArrowQuick reserves the right to disable the customer’s account without prior notice. For the purpose of acquiring such evidence, ArrowQuick will use various techniques, including but not limited to: closely inspecting all spam reports sent to ArrowQuick’s anti-abuse department (abuse@arrowquick.com), searching the logs of ArrowQuick’s mail servers, and scanning the server space for popular “spamming” applications. ArrowQuick will be the sole arbiter as to what would be considered sufficient evidence.
Charges
You agree to pay all charges for your use of the Services at the charges applicable from time to time as indicated on the Agreement. Your subscription covers the cost of the usage stated in the plan of your choice. Plan features are subject to change without prior written notice. We reserve the right to charge for additional usage used at our current rates at any time. Please contact ArrowQuick for prices for heavier usage. Your account will be automatically charged for any overages over your chosen plan.
All Services are nonrefundable. Arrangements can be made with ArrowQuick to transfer domain name registration, hosting data, and stored emails to another provider.
ArrowQuick reserves the right to change prices or institute new charges for use of ArrowQuick’s Services at any time upon not less than thirty (30) days’ notice.
ArrowQuick may make an additional charge if, in ArrowQuick’s opinion, this is required as a result of lack of instructions, the inaccuracy of any material provided by you or any other cause attributable to you.
Failure of ArrowQuick to make any of the communication described in this Agreement shall not preclude ArrowQuick from assessing the late charges, of other fees and/or termination service as set forth in this Agreement.
All charges quoted to ArrowQuick for the provision of the Services are excluded of any taxes.
Payment
Payment of your account balance is due at inception and subsequently on the monthly, biannual, or annual anniversary thereof, according to the chosen hosting plan. Where payment is not made within the payment due date, your account may be suspended or terminated at our discretion. You agree to pay a reconnection fee if you wish to be reconnected to the services after ArrowQuick has terminated your account due to late payment.
Accounts may be paid by cash, check, or credit card. Your account will be considered delinquent if your payment is rejected for any reason. Returned checks are subject to a $25.00 processing fee per incident.
Third-Party Equipment
It is your responsibility to make sure that your equipment or software is properly configured to use the services. If you do have any problems, then ArrowQuick will provide basic support. ArrowQuick will refer you to the third party software or hardware company if the issue does not involve the services.
Traffic Guidelines
Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic overusage, ArrowQuick reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case ArrowQuick takes corrective actions under this provision, you are not entitled to a refund of any fees paid in advance.
Indemnification
Customer agrees to indemnify, defend and hold harmless, ArrowQuick, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement.
Disclaimer
ArrowQuick, at its sole discretion, may change these terms and conditions at any time. By using ArrowQuick’s Services the user agrees that ArrowQuick may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on ArrowQuick’s website, or on notification to the customer. ArrowQuick will use all reasonable endeavors to give you advance notice of any change. The customer agrees to review ArrowQuick’s website, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying ArrowQuick. The customer agrees that, by continuing to use ArrowQuick’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
Notices given by ArrowQuick to you will be given by email or by a general posting on ArrowQuick’s web pages, or by conventional mail.
Termination
ArrowQuick may terminate your subscription at any time prior to expiry of the current term, with or without cause. You may also do the same. If ArrowQuick feels that information on your account may be a security threat to the server, ArrowQuick will terminate, remove or render harmless your information without prior notice.
ArrowQuick expressly reserves the right to terminate or suspend your subscription without prior notice should you fail to comply with these terms and conditions or should ArrowQuick deem such action necessary to protect the ArrowQuick system and in such circumstances ArrowQuick will confirm such termination or suspension by subsequent notice.
You will NOT be entitled to any compensation whatsoever in the event of termination and ArrowQuick will not be liable for any loss whatsoever in relation to termination of your account in any circumstances.
Termination of this Agreement by you may be made at any time, allowing up to 3 business days for the cancellation to become effective. You will still be liable for any outstanding balances due for services previously rendered. ArrowQuick reserves the right to apply existing credits against outstanding invoices and provide a statement of any remaining balances or credits.
Accounts which have been terminated may be pointed to a holding page which informs all visitors that the account has been terminated.
Exclusion of Warranties and Limitation of Liability
The Services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ArrowQuick expressly disclaims any representation or warranty that the ArrowQuick service will be error-free, secure or uninterrupted. No oral advice or written information given by ArrowQuick, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ArrowQuick and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
ArrowQuick will at all times use best endeavors to attempt to maintain an uninterrupted and error-free service, however ArrowQuick make no representations or warranties regarding the services provided by them and do not warrant that use of ArrowQuick will be uninterrupted or error-free, or that the ArrowQuick services will meet any particular criteria of performance or quality. ArrowQuick cannot accept any responsibility for interruption to the services if this is due to circumstances beyond ArrowQuick’s direct control, in particular interruption to network links which are provided to ArrowQuick by third parties.
ArrowQuick expressly disclaims all implied warranties and conditions in relation to all goods and services supplied to you, including without limitation, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
ArrowQuick will at all times use reasonable endeavors to attempt to maintain and safeguard your data on the ArrowQuick system; however, ArrowQuick accepts no responsibility for any loss or damage to data or any loss.
Your use of the ArrowQuick system is at your own risk. You accept full responsibility for such use and the risk of any loss resulting from use of the ArrowQuick system and the content of your pages. You also accept full responsibility for safeguarding your own data. ArrowQuick cannot be held responsible for any loss of data or other consequences which may result from the use or misuse of any software, disk, or CD-ROM.
In any event (except in respect of personal injury or death caused by ArrowQuick’s negligence in respect of which ArrowQuick does not seek to exclude or limit their liability), ArrowQuick’s maximum liability for tort or breach of contract will not exceed the charges payable in respect of the services in the hosting term prior to the date on which the tort or breach occurred, or if at such date this Agreement has not been in place for a full hosting term, the first term of the Agreement.
ArrowQuick does not accept any responsibility whatsoever for anything posted on the ArrowQuick system (except by one of our staff) and you agree by using the system that ArrowQuick system that ArrowQuick will not be liable for any direct, indirect, special, consequential, exemplary or punitive damages or losses which are incurred in connection with the use of the system even if ArrowQuick have been advised of this possibility and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds and you agree to indemnify ArrowQuick and hold ArrowQuick harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defense and other legal costs) incurred as a result of your actions on the ArrowQuick system or materials of information transmitted by you in connection with the ArrowQuick system, the use of your web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. This means that you may have to pay us where other users or third parties make claims against us.
ArrowQuick will notify you promptly of any claim for which ArrowQuick seeks indemnification at the currently supplied address. ArrowQuick will give you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to ArrowQuick’s interests, as reasonably determined by ArrowQuick and/or their lawyers.
Assignment of Rights
Neither party will assign this Agreement or any benefits or interests arising under this Agreement without the prior written permission of the other party not to be unreasonably delayed or withheld.
Severability
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continue in full force and the effect of the remainder will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
Entire Agreement
This Agreement constitutes the entire agreement between ArrowQuick and you with respect to your use of the services and the ArrowQuick system, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between ArrowQuick and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. You irrevocably and unconditionally waive any right you may have to claim damages for any misrepresentation or warranty not contained in this Agreement unless the misrepresentation or warranty was made fraudulently.
The address for communication to ArrowQuick by conventional mail is:
ArrowQuick Solutions200 High Avenue West, Suite 55
Oskaloosa, Iowa 52577 The telephone number is 641-673-4109.
The facsimile number is 413-845-3892.
The email address is info@arrowquick.com.
Last revision: Apr 19 2007