At AR Santex LLC, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make AR Santex LLC's service available to all our customers as consistent and efficient as possible.
User-Supplied Content
All services may be used for lawful purposes only. Through AR Santex LLC's service, you may have access to chat areas, bulletin boards, webpages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the AR Santex LLC network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.
AR Santex LLC is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, AR Santex LLC has the right, but not the obligation, to edit, remove, or deny access to such content. AR Santex LLC may disclose any content or records concerning a customer's account as required to satisfy any Law, Regulation, Governmental Request, or Court Order.
Pornography and sex-related merchandising are prohibited on all AR Santex LLC servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to AR Santex LLC's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
- Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.
Network Security
Customers may not use the AR Santex LLC network with 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 the customer is not expressly authorized to access,
password cracking, probing the security of other networks in search of weakness,
or violation of any other organization's Security Policy. Customers 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. AR Santex LLC will cooperate
fully with investigations of violations of systems or network security at
other sites, including 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.
CGI Scripts
Each AR Santex LLC account comes fully equipped with its own pre-configured
CGI-Bin. Customers are free to use any CGI-Scripts provided with their account
or add any additional ones they require. Any CGI-Scripts deemed to be adversely
affecting the server performance or the network integrity may be shut down
without prior notice. CGI-Script sharing with domains not hosted by AR Santex
LLC is not allowed.
Chat Rooms
AR Santex LLC prohibits its customers from installing outside chat rooms on
their domain, as these tend to be a resource problem. AR Santex LLC does
provide its customers a choice of java chat rooms to choose from for a nominal
monthly charge. These chat rooms were designed to meet the growing needs
of customers and function without hindering the performance of the servers
for others.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited
to CPU time, memory usage, and network resources) will be given an option
of either upgrading their service level or reducing the resource used to
an acceptable level.
Background Running Programs
Background Daemons in general are prohibited. AR Santex LLC will consider requests
on a per application basis. If allowed, extra charges will be assessed based
on resource requirements for system maintenance.
IRC
AR Santex LLC prohibits its customers from operating IRC or IRC Bots on any
of the servers in the AR Santex LLC Network.
Backups / Restores
As a courtesy, AR Santex LLC provides a backup service on shared hosting accounts.
You can request our administrators to run a backup of your site or any files
for a one-time charge. Although AR Santex LLC tries to ensure these backups
are complete and accurate, we cannot guarantee data integrity. It is possible
that a site and/or file may not be able to be restored without our knowledge.
AR Santex LLC recommends that the customer periodically and frequently backup
their site to their local computer. On most accounts there is a backup manager
that can assist you in this process.
Commercial Advertising/Mass Mailings
You must not use the AR Santex LLC network, AR Santex LLC equipment, or any
AR Santex LLC email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar, unsolicited email messages.
Your domain may not be referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to the sending of unsolicited
mass mailings from another service that in any way implicates the use of
the AR Santex LLC network, AR Santex LLC equipment or any AR Santex LLC email
address. A message is considered unsolicited if it is posted in violation
of a newsgroup charter or if it is sent to a recipient who has not requested
or invited the message. 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.
If you are found to have spammed, without warning, AR Santex LLC reserves the right to disable your domain. In addition, AR Santex LLC may impose a $100 penalty for each spam policy violation. AR Santex LLC solely reserves the right to refuse or cancel service to known spammers. Lastly, AR Santex LLC reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in criminal penalties.
Refusal of Service
AR Santex LLC reserves the right at its sole discretion to refuse or cancel
service. Violation of any of AR Santex LLC's rules and regulations could
result in a warning, suspension, or possible account termination. Accounts
terminated due to policy violations will not be refunded.
Pricing
A.R.Santex, LLC reserves the right to change its pricing of products and services
at any time. If the customer is on a prepaid account, the customer has the
right to accept or deny the new rates. Should the customer deny the new rates,
A.R.Santex, LLC shall provide the customer a prorated refund at current rates
of any unused time.
Payment Policies
Services with automated credit card or check debit processing will be automatically
renewed each and every month according to our recurring billing cycle. Customer
agrees to accept responsibility with bank and/or credit card company. There
is a $25.00 service charge for each returned check. Delinquent accounts will
be placed on "hold" and may not be used until the account is brought
up to date. Once account is placed on "hold" A.R.Santex, LLC cannot
guarantee a users mail file will be unaffected.
Service Cancellation
To authenticate a cancellation request, you must email us 72 hours prior to
our billing cycle, being the 1th of every month. You may also fax the notice
to 619-231-4817, always 72 hours prior to our billing cycle. You must include
your account email address, account name and the domain on which you want
to cancel the service.
We cannot accept cancellation requests over the phone for security reasons. If cancellation request has not been confirmed prior to 72 hours, A.R.Santex, LLC is not responsible for auto processing charges, and customer agrees to accept responsibility with bank or credit card company.
Web Site Policies
You are solely responsible for any information contained on your home page.
However, if complaints are received regarding language, content or graphics
contained on your home page, A.R.Santex, LLC may, at its sole discretion,
remove the home page hosted on A.R.Santex, LLC servers or providers, and
terminate your service. You may not use your web site to publish material
that A.R.Santex, LLC determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, "material" refers
to all forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos), executable
programs, video recordings, and audio recordings. Unlawful content is that
which violates any law, statute, treaty, regulation, or lawful order. This
includes, but is not limited to: obscene material; defamatory, fraudulent
or deceptive statements; threatening, intimidating or harassing statements,
or material which violates the privacy rights or property rights of others
(copyrights or trademarks, for example). Indecent content is that which depicts
sexual or excretory activities in a patently offensive matter as measured
by contemporary community standards. Objectionable content is otherwise legal
content with which A.R.Santex, LLC concludes, in its sole discretion, it
does not want to be associated in order to protect its reputation and brand
image, or to protect its employees, shareholders and affiliates.
Prohibited web site contents are:
Materials which depict or describe scantily-clad and lewdly depicted male and/or
female forms or body parts, and which lack serious literary, artistic, political
or scientific value. Materials which suggest or depict obscene, indecent,
vulgar, lewd or erotic behavior, and which lack serious literary, artistic,
political or scientific value. Materials which hold A.R.Santex, LLC including
its affiliates, employees or shareholders up to public scorn or ridicule.
Materials which encourage the commission of a crime; or which tends to incite
violence; or which tends to degrade any person or group based on sex, nationality,
religion, color, age, marital status, sexual orientation, disability or political
affiliation.
INDEMNIFICATION
Subscriber agrees that it shall defend, indemnify, save and hold A.R.Santex,
LLC harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees and expenses asserted against A.R.Santex,LLC,
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 A.R.Santex,LLC against liabilities arising out
of; any injury to person or property caused by any products sold or otherwise
distributed in connection with A.R.Santex, LLC server or providers; and/or
any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and/or copyright infringement.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO LEGAL THEORY SHALL A.R.SANTEX, LLC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE A.R.SANTEX, LLC; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND A.R.SANTEX, LLC’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO A.R.SANTEX, LLC RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT A.R.SANTEX, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
In no event shall A.R.Santex, LLC's total liability for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the aggregate dollar amount paid by subscriber to A.R.Santex, LLC under this Agreement.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF A.R.SANTEX, LLC IS AT YOUR SOLE RISK. SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY A.R.SANTEX, LLC, ITS AGENTS, OR ITS EMPLOYEES SHALL CREATE A WARRANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
DISCLAIMER
A.R.Santex, LLC will not be responsible for any damages your business may suffer.
A.R.Santex, LLC makes no warranties of any kind, expressed or implied for
services we provide. A.R.Santex, LLC disclaims any warranty or merchantability
or fitness for a particular purpose. This includes, but not limited to, loss
of data resulting from delays, non deliveries, mis-deliveries, or any service
interruptions caused by A.R.Santex, LLC’s own negligence, its employees
or customer’s errors and/or omissions. A.R. Santex, LLC, is not responsible
for loss of data in regards to web pages. The owner of the web page must
keep a valid copy of all web space material. A.R.Santex, LLC is not responsible
for any kind of spelling mistakes or wed site content. All customers must
provide to A.R.Santex, LLC, the content of every web page, including the
text. A.R.Santex, LLC reserves the right to change or update policies and
change pricing and/or services at any time without notice.
Terms and Conditions
1. Hiring A.R.Santex, LLC’s services is at your sole risk. A.R.Santex,
LLC makes no warranties or representations as to its accuracy and A.R.Santex,
LLC specifically disclaims any liability or responsibility for any errors or
omissions in the content on your Site. Neither A.R.Santex, LLC nor any other
party involved in creating, developing, producing, or delivering the Site is
liable for any direct, incidental, consequential, indirect, or punitive damages
arising out of your access to, or use of, or inability to use or access the
Site. Without limiting the foregoing, everything on the Site is provided to
you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please check your local laws
for any restrictions or limitations regarding the exclusion of implied warranties.
2. A.R.Santex, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the site.
3. If you send any enc. or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such enc. are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by A.R.Santex, LLC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, A.R.Santex, LLC. is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
4. Materials displayed on the Site are either the property of, or used with permission by, A.R.Santex, LLC. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues.
5. A.R.Santex, LLC is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While A.R.Santex, LLC may provide links on this Site to other sites; the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. A.R.Santex, LLC disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
6. Although A.R.Santex, LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, A.R.Santex, LLC is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such enc. Nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. A.R.Santex, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing A.R. Santex, LLC to disclose the identity of anyone posting such materials.
7. These Terms and Conditions are to be governed by and construed in accordance with the law of California, United States of America, without reference to its conflicts of law rules. Your agreement and acceptance of these Terms and Conditions or use of A.R.Santex, LLC construes acceptance of these Terms and Conditions and Acceptable Use Policy which supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order. A.R.Santex, LLC reserves the right to modify these Terms and Conditions and Acceptable Use Policy and change pricing and/or services at any time without notice.