Argate.net Terms of Service
Welcome to Argate! Argate provides its service to you, subject to the following terms of service ("TOS"), which may be updated by Argate from time to time without notice to you. You should review the TOS periodically for changes at: http://www.argate.net/terms-of-service.html.
2. DESCRIPTION OF SERVICE
Argate expressly disclaims any express or implied representations to provide any particular service to its users, including without limitation, email, web service, technical support, newsfeeds, message boards, chat, or customer service, as well as any and all express or implied warranties of merchantability, fitness for any particular purpose or even connectivity.
Unless explicitly stated otherwise, any new features that
augment or enhance the current service, including the release of new Argate
properties, shall be subject to the TOS. You acknowledge and agree that
the Service is provided "AS IS" and that Argate assumes
no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalisation settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the service, you agree to maintain and promptly update your registration data to keep it current and complete. Whether or not you provide any information that is current and complete, and/or if Argate has reasonable grounds to suspect that such information has been provided by a subscriber or nonsubscriber, Argate has the right to suspend or terminate your account and refuse any and all current or future use of the service or any portion thereof.
Argate is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who allow their children access to the service should assist them in setting up any relevant accounts and supervise their access to the service. By allowing your child access to the service, they will be able to access all of the services which may or may not from time to time be available. Please remember that many aspects of our service are designed to appeal to a juvenile audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or content (as defined in section 6 below) are appropriate for you.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will not be entitled to maintain your own password on this service. You are, however, responsible for maintaining the confidentiality of all of our passwords and accounts, and are fully and solely responsible for all activities that may or may not occur under your account. You agree to immediately notify Argate of any unauthorized breach of security. Argate cannot and will not be liable for any loss or damage arising from your failure or attempt to comply with this section 5.
6. MEMBER CONDUCT
You acknowledge that Argate may or may not arbitrarily pre-screen content at the sole and arbitrary whim of the Argate security department for reasons known only to them (go figure), and that Argate and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move, or refuse to move or remove, alter or destroy altogether for any reason or no reason, or for purely entertainment purposes, any content that is available via the Service. Without limiting the foregoing, Argate and its designees shall have the right to remove or refuse to remove any content that violates the TOS or is otherwise objectionable to the security department for any reason or no reason. You agree that you must bear all risks associated with the use of any content, including anyone's reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Argate or submitted to Argate including without limitation information in any parts of the service.
You acknowledge that the technical processing and transmission of the service, when it is available, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Argate reserves the right to terminate or refuse to terminate your access to some or all parts of its service if you withdraw your consent in this paragraph at any time, or for no reason at all.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content as you understand them (and we make no representations that we understand them.) Specifically, you agree to comply with all applicable and constitutional laws regarding the transmission of technical data exported from the the United States and the country in which you reside (if different from the aforementioned).
8. PUBLIC AND PRIVATE CONTENT POSTED TO ARGATE
(a) For purposes of the TOS, "publicly accessible areas" of the service are those accessible by the general public. By way of example, a publicly accessible area of the service would include public Argate communication services, but would not include private Argate communication services.
(b) With respect to communications made to Argate or its affiliated persons or users, or content you elect to post for inclusion in publicly or privately accessible areas, you grant Argate a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such content solely for the benefit of Argate or its affiliated persons.
(c) With respect to all communications made to Argate or its affiliated persons or users, or content you elect to post to publicly or privately accessible areas of the service, you grant Argate the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Argate and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, exploit or use for any commercial or noncommercial purposes, any portion of the service, use of the service, or access to the service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Argate may or may not establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the service (if retained at all), the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Argate's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that Argate has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or to the service. You acknowledge that Argate reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Argate reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Argate reserves the right at any time and from time to time to modify or discontinue, or refuse to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Argate shall not be liable to you or to any third party for any modification, suspension, continuance or discontinuance of the service.
You agree that Argate in its sole discretion, and without notice to you, may or may not assign you a password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Argate believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Argate may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Argate may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that Argate shall not be liable to you or any third-party for any termination of your access to the service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that Argate shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Kindly note that we have no paid advertisers at this time, but one can always dream.
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Argate has no control over such sites and resources (and indeed, we do not claim to have or not have particular control over our own users, either), and therefore you acknowledge and agree that Argate is not responsible for the availability of such external or internal sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Argate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. ARGATE'S PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the service ("software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws (but Argate makes no representations to this effect with regard to any particular allegations of proprietary or confidential information except as may be owned by Argate.) You further acknowledge and agree that content presented to you through the service may be protected or not by copyrights, trademarks, service marks, patents or other proprietary rights and laws, or subject to fair use doctrines or free speech rights. Except as expressly authorized by Argate's security department, who make no representations or warranties that they have a clue what is or is not permissible in this regard from a legal standpoint, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
Argate grants you no personal, transferable or non-transferableor exclusive or non-exclusive right or licence to use the object code of its software on any computer; you also may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in any software owned or developed by Argate or its affiliated persons. The foregoing is subject to applicable statutes and other express laws that we know about (and no representations or warranties are made in this regard.) You agree not to modify our software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by Argate for use in accessing the service, assuming any service is available at all.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED (IF IT IS PROVIDED AT ALL) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARGATE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
ARGATE MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARGATE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ARGATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF ARGATE.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the service concerning companies, stock quotes, investments or securities, please read the above sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The service is provided for recreational, entertainment and informational purposes, and no content included in the service is intended for trading or investing purposes. Argate shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail or orally. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the service. We also reserve the right to do whatever we want to without providing notice of any kind to you at all.
22. COPYRIGHTS and COPYRIGHT AGENTS
If you believe that any of your intellectual property rights have been infringed on the service, please provide Argate with the following information via post or e-mail at email@example.com
23. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Argate and govern your use of the service, superseding any prior agreements between you and Argate. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Argate shall be governed by the laws of Florida. You and Argate agree to submit to the exclusive jurisdiction of the Florida courts, and a venue of Broward County. Any failure by Argate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
Please report any violations of the TOS to Argate via post or e-mail at firstname.lastname@example.org