Arogo.Net Terms Of Service (TOS)
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS
AND CONDITIONS") GOVERN THE USE OF THE AROGO.NET WEBSITE (THE
"WEB SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY
REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF
THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.
AROGO.NET (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE
TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE
WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR
ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS
REGULARLY
For dedicated servers, you must also agree to these:
Service_Level_Agreement_for_Dedicated_Servers.pdf
Dedicated_Machine_Service_Agreement.pdf
- Scope. These
Terms and Conditions govern Your use of the Web site. These Terms and
Conditions, however, do not apply to the Company's products or
services, which are the subject of separate agreements.
- Permitted Use.
You have a nonexclusive, nontransferable, limited, revocable right to
use the Web site solely for Your informational use in evaluating the
Company and its products and services. You may not use the Web site
for any other purpose without the Company’s express prior written
consent, including, without limitation, any commercial purpose. For
example, You may not and may not authorize any other person or entity
(“Person”) to (i) frame the Web site or any portion thereof
(whereby the Web site or a portion thereof will appear on a user’s
screen with a portion of another web site, or with content or
advertising of any Person without the Company’s consent), or (ii)
Co-brand the Web site or any portion thereof. "Co-branding"
means the display of a name, logo, trademark, or other means of
attribution or identification of any Person in such a manner
reasonably likely to give a user of the Web site the impression that
such the Person is associated or affiliated with the Company, or has
the right to display, publish, transmit or distribute the Website or
content accessible within the Web site. In addition, You may not and
may not authorize any Person to link to any part of the Web site
without the Company’s prior written consent. You agree to cooperate
with the Company in causing any unauthorized framing, Co-branding,
linking or similar activity to immediately cease. You may not take any
action that violates our Acceptable
Use Policy.
- Proprietary Information.
You acknowledge and agree that as between the Company and You, the
Company is the owner of all right, title and interest in the Web site
and all content accessible within the Web site (the "Content"),
including, without limitation, all trademarks, service marks, trade
names, patent rights, copyrights, and other intellectual property or
proprietary rights with respect thereto. You will not reproduce,
transmit, publish or distribute sublicense or otherwise transfer or
make available to others, or edit, modify or create any derivative
works of all or any part of the Web site or the Content, without the
express written consent of the Company, other than limited printed
copies of materials that you may need for Your own use and that
contains all of the Company’s copyright and other notices. Without
limiting the generality of the foregoing, You will not use any
systematic retrieval process including without limitation, scrapers,
robots, or bots, to collect, create, or compile Content or other data
from the Company Web site.
- Disclaimer.
You will have access to a variety of third party sources of content
through the use of the Web site and the Internet. The Company has made
no effort to verify the accuracy or suitability of any information
contained in any such sources, including, without limitation, any
other website that you can link to from the Web site. Accordingly, the
Company has no liability or responsibility whatsoever for any content
provided by any other Person contained on or obtained through the Web
site. You acknowledge and agree that any access, use or reliance on
any such third party content is at Your own risk. You understand that,
except for information, products or services clearly identified as
being supplied by the Company, the Company does not operate, control
or endorse any information, products or services of any other Person
on the Web site or the Internet in any way. You also understand and
agree that the Company does not guarantee or warrant that files
available for downloading from the Web site or through the Internet
will be free of infection or viruses, worms, Trojan horses or other
malicious code that may adversely effect You, Your computer or
computer systems or Your data or files. In addition, You are
responsible for implementing sufficient procedures and checkpoints to
satisfy Your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Website for the
reconstruction of any lost data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES
CONTAINED THEREIN ARE PROVIDED “AS IS.” THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION
EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE
OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR
TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
- Privacy Policy.
The Company collects, stores and uses data collected from You in
accordance with the Company’s Privacy Policy.
- Limitation on Liability.
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN
AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED
THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE
AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT
OR SERVICE OUT OF WHICH LIABILITY AROSE.
- Indemnity.
You will indemnify and hold the Company, its licensors, content
providers, service providers, employees, agents, officers, directors
and contractors (the "Indemnified Parties") harmless from Your
breach of any of these Terms And Conditions or any other terms,
conditions, policies or procedures contained on the Web site,
including, without limitation, any use of Content other than as
expressly authorized in these Terms and Conditions. You agree that the
Indemnified Parties will have no liability in connection with any such
breach or unauthorized use, and You agree to indemnify and hold
harmless the Indemnified Parties from any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys’ fees in
connection therewith. You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of Your use of the information accessed from the Web site.
- Trademarks.
Arogo.NetŪ is a registered trademark, and the Arogo.Net logo and other
Arogo.Net marks appearing on the Web Site are either registered or
unregistered trademarks of the Company. Other trademarks, service
marks and logos appearing in this Web site are the property of either
the Company, its content providers or other third parties. The
Company, its content providers and such third parties retain all
rights with respect to any of their respective trademarks, service
marks or logos.
- Miscellaneous.
- Headings.
The headings of sections of these Terms and Conditions are for ease
of reference only and shall not be admissible in any action to
alter, modify or interpret the contents of any section hereof.
- Governing Law and Jurisdiction.
The validity and effect of these Terms and Conditions shall be
governed by and construed and enforced in accordance with the laws
of the State of Nevada, without regard to its conflicts of laws
principles. The parties expressly disclaim application of the United
Nations Convention on Contracts for the International Sale of Goods.
ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE,
THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR
PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE
BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN FULTON COUNTY,
NEVADA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF
SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THERE FROM) IN
ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH
YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH
SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT,
ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN
BROUGHT IN AN INCONVENIENT FORUM.
- Entire Agreement; Amendments.
These Terms and Conditions, together with the Acceptable Use Policy
and the Privacy Policy, supersede any prior discussions,
negotiations and agreements between the parties with respect to the
subject matter hereof, and these Terms and Conditions, together with
the Acceptable Use Policy and the Privacy Policy, constitute the
sole and entire agreement between the parties with respect to the
matters covered hereby.
- Severability.
The provisions of these Terms and Conditions may be exercised and
are applicable and binding only to the extent that they do not
violate any applicable laws and are intended to be limited to the
extent necessary so that they will not render these Terms and
Conditions illegal, invalid or unenforceable. If any provision or
portion of any provision of these Terms and Conditions are held to
be illegal, invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions or portions thereof shall
apply with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force
and effect.
- Waiver. No
failure or delay on the part of the Company to exercise any right or
remedy hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise of any right or remedy by the Company
preclude any other or further exercise thereof or the exercise of
any other right or remedy. No express waiver or assent by the
Company to any breach of or default in any of these Terms and
Conditions shall constitute a waiver of or an assent to any
succeeding breach of or default in the same or any other term or
condition hereof.