These terms (“Terms”) cover the use of those ArchTronics consumer products, websites, and services (the “Services”). You accept these Terms by creating an ArchTronics account, through your use of the Services, or by continuing to use the Services after a change to these Terms.
How we use personal data
ArchTronics uses the data we collect to provide you with rich, interactive experiences. In particular, we use data to:
- Provide our products, which include updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions you request.
- Improve and develop our products.
- Personalize our products and make recommendations.
- Advertise and market to you, which includes sending promotional communications, targeting advertising, and presenting you with relevant offers.
We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, developing our workforce, and doing research.
In carrying out these purposes, we combine data we collect from different contexts (for example, from your use of two ArchTronics products) or obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.
Reasons we share personal data
We only share your data with your consent or to complete any transaction or provide any product you have requested or authorized. We also share data with ArchTronics-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights and property of ArchTronics and its customers.
Cookies and similar technologies
With an ArchTronics account, you can sign in to ArchTronics products, as well as those of select ArchTronics partners. Personal data associated with your ArchTronics account includes credentials, name and contact data, payment data, device and usage data, your contacts, information about your activities, and your interests and favorites. Signing in to your ArchTronics account enables personalization and consistent experiences across products and devices. It permits you to use cloud data storage, allows you to make payments using payment instruments stored in your ArchTronics account, and enables other features.
- Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
- When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. ArchTronics cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve ArchTronics products and services, you grant to ArchTronics a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you.
Code of Conduct
- Code of Conduct.
- By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, bestiality, pornography, offensive language, graphic violence, or criminal activity).
- Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to affect rankings, ratings, or comments).
- Don’t circumvent any restrictions on access to or availability of the Services.
- Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of photographs).
- Don’t engage in activity that violates the privacy of others.
- Don’t help others break these rules.
- By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your ArchTronics account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, ArchTronics reserves the right to review Your Content to resolve the issue. However, we cannot monitor the entire Services and will not attempt to do so.
- Service Availability.
- The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your ArchTronics account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
- We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and ArchTronics is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
- Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements unless stated otherwise. We may suspend or cancel the Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a private network that masks your location may cause charges to be different from those displayed for your actual location.
- Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method from your ArchTronics account. Additionally, you agree to permit ArchTronics to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- Billing. By providing ArchTronics with a payment method, you
- represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate;
- authorize ArchTronics to charge you for the Services or available content using your payment method; and
- authorize ArchTronics to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you
- in advance;
- at the time of purchase;
- shortly after purchase; or
- on a recurring basis for subscription Services.
- Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services.
- We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
- Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to ArchTronics by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by ArchTronics. By authorizing recurring payments, you are authorizing ArchTronics to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, ArchTronics or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
- Automatic Renewal. If automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email, or another reasonable manner, before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
- Online Statement and Errors. ArchTronics will provide you with an online billing statement on your ArchTronics account, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If ArchTronics has identified a billing error, we will correct that error within 90 days.
- Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that ArchTronics has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
- Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit your ArchTronics account. You should refer back to the offer describing the Services as
- you may not receive a refund at the time of cancellation;
- you may be obligated to pay cancellation charges;
- you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and
- you may lose access to and use of your account when you cancel the Services.
- We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
- Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
- Promotional Offers. From time to time, ArchTronics may offer Services for a trial period during which ArchTronics will not charge you for the Services. ArchTronics reserves the right to charge you for such Services (at the normal rate) if ArchTronics determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
- Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require a return of payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
- Gift Cards. Redemption and use of gift cards are governed by the ArchTronics Gift Card Terms and Conditions.
- Bank Account Payment Method. You may register an eligible bank account with your ArchTronics account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house (“ACH“) entries, a European financial institution that supports Single Euro Payments Area (“SEPA“) or “iDEAL” in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your ArchTronics account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize ArchTronics (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your ArchTronics account. Contact customer support as outlined above in section 4(e) as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
Choice of Law, Jurisdiction
- Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Cullman County, Alabama, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
Updates to the Services or Software, and Changes to These Terms
- Updates to the Services or Software, and Changes to These Terms.
- We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your ArchTronics account.
- Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. ArchTronics isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
- Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
- Warranties. ARCHTRONICS, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS CONCERNING YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. ARCHTRONICS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitations of Liability
- Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from ArchTronics or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
- Service-Specific Terms. The terms before and after this section apply generally to all Services. The next sections contain service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.
- Support Services. ArchTronics Support Service connects you with support agents for help with a suite of ArchTronics support-related tasks (“Support Services”). Support Services may be included as part of your Monthly Maintenance Plan or purchased separately, but exclude any professional services offered or provided. Our Support Services do not cover support for any third-party products or services. Our Support Services are explicitly intended for only ArchTronics products and services.
- Consent for Remotely Based or Data-Connected Services. The software used with the Support Services may connect to ArchTronics and other service providers over a data connection (e.g. the internet or a wireless carrier). In some cases, you will not receive a separate notice when they connect. By using the Support Services, you consent to the transmission of information via the Support Services.
- Misuse of Remotely Based or Data-Connected Services. You may not use the Support Services in any way that could harm ArchTronics, its affiliates or any other service provider or any computer network or system or impair anyone else’s use thereof. You may not use the Support Services to try to gain unauthorized access to any service, data, account or network by any means.
- Cooperation and Supportability. ArchTronics’ ability to deliver the Support Services depends upon your full and timely cooperation as well as the accuracy and completeness of any information you provide. You must have an eligible device and software that meet(s) the applicable minimum requirements for supportability. ArchTronics reserves the right to cancel the Support Services and/or provide a refund due to problems with your device, your system requirements, or configuration, or for any other reason beyond our control that makes providing the Support Services impossible or impractical.
- Subscription. The Support Services may be available through a subscription program. If you enroll in a subscription program for the Support Services, the subscription is valid only under your ArchTronics account that is associated with the subscription. You may not share or sell your subscription. You are responsible for any activities that occur under your subscription.
- PPI Service. Support Services may be available as a one-time pay-per-incident service (“PPI Service”) for a one-time support service on an individual device for a fixed fee.
- Remote Access. To provide the Support Services, ArchTronics may be required to connect remotely to your device, which allows us to access and control your device, view your device screen, install software and change settings on your device. We may ask you to download or accept ArchTronics or third-party software licensing terms to establish the remote connection. You are responsible for any download charges that may apply and for paying the fees charged by your data connection provider(s) (e.g. via internet, or Wi-Fi or wireless carrier). Those fees are in addition to any fees you pay us for the Support Services and we will not reimburse you for them.
- Diagnostics. We may run diagnostic tools on your device to determine whether it meets the minimum system requirements for us to perform certain Support Services, such as upgrades. You must agree to this step for us to provide those Support Services. If we are unable to establish a remote access connection to your device or complete any of the above steps, we may not be able to provide Support Services.
- Software Installations/End User License Agreements/Authority. If the Support Service includes software installations, regardless of whether the software is provided by ArchTronics or a third party software provider, you must have your software and software product keys available before installation. By providing ArchTronics with information, software or applications to install or transfer on your behalf, you represent that you have the right to authorize ArchTronics to take such action. You understand and acknowledge that ArchTronics may need to accept End-User License Agreements (“EULAs”) on your behalf for such software installations and you agree to comply with any EULAs. If you request installation of software from a third party software provider in connection with the Support Services, we will give you the opportunity to review the corresponding EULA; you assume sole responsibility if you decide not to review it. You understand and agree that ArchTronics does not control the terms of any third party EULAs and will not review such EULAs prior to accepting them on your behalf.
- Support Services Subscription Cancellation. You may cancel your Support Services subscription by contacting an ArchTronics support agent or from your ArchTronics account. When your subscription is automatically near the end of its existing term, you must cancel the subscription at least 3 days before the billing date to avoid a charge for the next period. The billing date is the anniversary of your initial enrollment date. You may review your billing, enrollment and expiration dates from your ArchTronics Account. ArchTronics reserves the right, in its sole discretion, to terminate your subscription for Support Services without notice if your payment is not made on time, you violate this Service Agreement, or we determine that the subscription was used by someone else or for support on someone else’s device. We may also terminate the Support Services or your subscription if we determine that you are ineligible to receive the Support Services.
- Links to Third-Party Sites
- If you are presented with a link to a third-party website while receiving the Support Services (whether the link is provided by ArchTronics or embedded in the website on which you receive the Support Services or otherwise), you acknowledge that these links are provided for your ease of reference and convenience only, that the linked sites are not under ArchTronics’ control and ArchTronics is not responsible for the contents of any link or linked site or any changes or updates to such sites, and provision of the linked sites does not constitute endorsement of any kind of material they contain or any association with their operators. ArchTronics is not responsible for webcasting or any other form of transmission received from any linked site.
- When you sign up for Support Services and give your email address, you consent to ArchTronics providing you notifications about the Support Services or information the law requires us to provide to you via that address. Notices emailed to you will be deemed given and received when the email is sent.
Design, Print & Development Services
- Deliverables. This is the services and work product to be delivered by ArchTronics to You.
- Project Proposal/Quote. The terms of a proposal/quote expire thirty (30) days after being submitted to You. If the proposal/quote expires, ArchTronics may modify the proposal/quote and resubmit it to You.
- Changes to project scope.
- Change Request: If You want to change the Scope of Work after a project has been accepted, paid or begun processing, You must send ArchTronics a written change request describing the requested changes in detail. Within five (5) days of receiving a change request, ArchTronics will respond with a statement proposing ArchTronics’ availability, additional fees, changes to delivery dates, and any modification to the project’s Terms and Conditions. ArchTronics will evaluate each change request at its standard rate and charges.
- Major Change: If Your requests are at or near ten (10%) percent of the time required to produce Deliverables or the value of the project scope, ArchTronics shall be entitled to submit a new and separate proposal to You for written approval. ArchTronics shall not begin work on the revised services until a fully signed revised proposal and any additional fees are received.
- Minor Change: If Your requests are not Major Changes, You will be billed on a time and materials basis at ArchTronics’ hourly rate of eighty-seven ($87) dollars per hour. Such charges shall be in addition to all other amounts payable, despite any maximum budget, contract price or final price identified. ArchTronics may extend or modify any delivery schedule or deadlines in the project as may be required by such changes.
- Proposal Acceptance/Rejection: You will have ten (10) days to respond in writing accepting or rejecting the new proposal. If You reject the proposal, ArchTronics will not be obligated to perform any services beyond those in the original project.
- Accessibility. By default, products are not built to be ADA compliant, compatible with screen-readers, multilingual, etc. If you have any accessibility requirements, make sure ArchTronics knows this to be part of the scope of your project.
- ArchTronics Delays: ArchTronics shall use all reasonable efforts to meet the delivery schedule. ArchTronics may extend the due date for any Deliverable by giving notice to You. The total of all ArchTronics initiated extensions shall not exceed 30 days.
- Delays caused by You: You shall use all reasonable efforts to provide needed information, materials, and approvals. Any delay by You will result in a day-for-day extension of the due date for all Deliverables.
- Proof Acceptance/Rejection Delays: You will have three (3) days to return accepted or rejected proof. Any delay by You will result in a day-for-day extension of the due date for all Deliverables.
- General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of the project due date. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government, power failure, internet outage, equipment failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism pandemics and epidemics.
- Evaluation and acceptance.
- Testing: ArchTronics will test and correct Deliverables using commercially reasonable efforts before providing Deliverables to You.
- Approval Periods: You shall, within five (5) business days after receiving each Deliverable, notify ArchTronics in writing of any failure to comply with the specification of the Project Proposal or any other objections, corrections or changes required. ArchTronics shall, within ten (10) business days of receiving Your notification, correct and submit a revised Deliverable to You. You shall, within five (5) business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after three (3) corrections by ArchTronics, You find the Deliverables are not acceptable, You may terminate the project subject to the termination clauses of this Agreement. If You fail to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted.
- Client responsibilities. You acknowledge that You are responsible for performing the following in a reasonable and timely manner:
- Provide Your content in a form suitable for use in the Deliverables without further preparation by ArchTronics, unless otherwise specified in the Project Proposal.
- Proofread all Deliverables. You will be charged for correcting errors after the acceptance of any Deliverable.
- Make decisions regarding other parties.
- Accreditation and promotion.
- Accreditation: ArchTronics shall be entitled to place accreditation, as a hyperlink or otherwise, in the form, size, and location as incorporated by ArchTronics in the Deliverables on each page of the Final Deliverables.
- Promotion: ArchTronics retains the right to reproduce, publish and display the Deliverables in ArchTronics’ portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.
- Promotional Approval: Either party, subject to the other’s reasonable approval, may describe its role in the Project on its website and other promotional and marketing materials, and, if not expressly objected to, include a link to the other party’s website.
- Confidential information. Your “Confidential Information” includes information that ArchTronics should reasonably believe to be confidential. ArchTronics’ “Confidential Information” includes the source code of any designer tools and design processes. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to complete the project. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
- Project Termination.
- Termination for Cause: Either party may terminate a project at any time, on thirty (30) days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that (30) day period.
- Termination for Insolvency: Either party may terminate a project at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it.
- Termination by Mutual Agreement: A project may be terminated by the mutual agreement of the parties.
- Termination for Convenience: Either party may terminate a project at any time and for any reason on thirty (30) days prior written notice to the other party. If you terminate the project under this section, ArchTronics shall, at your reasonable discretion, complete any paid work assigned or scheduled during the notice period.
- Termination Fees: In the event of termination, You shall pay ArchTronics for the services performed through the date of termination in the amount of a prorated portion of the total fees due. You shall pay all expenses, fees, and additional costs incurred through the date of termination.
- Confidential Information: On expiration or termination of this Agreement: Each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party. All rights and obligations regarding Confidential Information shall survive.
- Relationship of the parties.
- Independent Contractor: ArchTronics is an independent contractor. ArchTronics shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this Agreement. ArchTronics and the work product or Deliverables prepared by ArchTronics shall not be deemed a work for hire as defined under Copyright Law. All rights granted to You are contractual in nature.
- Design Agents. ArchTronics shall be allowed to use third party’s as independent contractors in connection with the Services (“Design Agents”). ArchTronics shall remain fully responsible for Design Agents’ compliance with this Agreement.
- No Exclusivity. This Agreement does not create an exclusive relationship between the parties. You are free to engage others to perform services of the same or similar nature to those provided by ArchTronics, and ArchTronics shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by ArchTronics.
- Warranty, Maintenance & Security.
- Warranty Period. During the first month following the delivery of Deliverables, ArchTronics shall provide up to 10 hours of warranty services at no additional cost to You. Warranty services mean commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or deficiencies. Requests for additional support will be billed on a time and materials basis at ArchTronics standard rate.
- Maintenance Period. Maintenance services for the Deliverables are billed as a separate service. Monthly Maintenance Plans are offered and may be purchased separately.
- Ongoing Maintenance. Maintenance plans are billed annually or monthly on a recurring basis and are purchased separately. You may cancel at any time. Monthly Maintenance Plans do not cover extensive changes and/or enhancements but may offer a discounted rate for these professional services. 3rd party software compatibility updates for custom development are not covered by ongoing maintenance. If your application/plugin/ etc. becomes incompatible with 3rd party software due to updates/changes made to the 3rd party software it is your responsibility to make us aware of the incompatibility issues and request a proposal for the updates to the code needed to make it compatible with the latest version of the 3rd party software. Make sure you know what your plan covers before you purchase it.
- No Enhancements: The services in the Warranty Period do not include enhancements to the Deliverables or other services outside the scope of the Proposal.
- Security. We cannot and do not guarantee 100% security for any site. Hackers will always find a way. What we can do is offer you a Monthly Maintenance Plan to keep your website’s code up-to-date and keep scheduled backups of your website data so that in the case something does happen we can restore your site quickly.
- Enhancements. At any time, You may request that ArchTronics develop enhancements to the Deliverables. ArchTronics shall exercise commercially reasonable efforts to prioritize ArchTronics’ resources to create such enhancements. You understand ArchTronics may have pre-existing obligations that may delay requested enhancements. ArchTronics shall provide any enhancements on a time and materials basis at ArchTronics’ standard rate or the discounted rate provided under the Client’s current Monthly Maintenance Plan.
- Alteration of any Deliverable is prohibited without the express permission of the Designer. The Designer will be given the first opportunity to make the required alterations. Unauthorized alterations will be considered additional use, and will be billed accordingly. Unauthorized alterations void and warranty.
Hosting & Domain Names
- Terms Specific to Domain Name Services.
- We resell domain names. When you apply to register a domain name, your request is transmitted to eNom (www.eNom.com). By using our Domain Name Services, you agree to be bound by eNom’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: www.eNom.com/terms. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.
- It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek the advice of legal counsel before registering any domain.
- ArchTronics will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60-day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” ArchTronics currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt-out of the 60-day transfer lock. Any “Change of Registrant” as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60-day transfer lock are subject to change. The current parameters which trigger the 60 day lock include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here: https://www.enom.com/raa/, http://www.icann.org/en/resources/registrars/registrant-rights/educational, and http://www.icann.org/en/resources/registrars/registrant-rights/benefits
- Terms That Apply to All Hosting Services.
- Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.
- We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.
- In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, storage space and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
- You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
- Control Panels.
- cPanel. cPanel is provided through a third party. When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html. Please be sure to review cPanel’s End User License Agreement before the use of cPanel-related Services.
- Enrollment; Account Information.
- Enrollment. You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to ArchTronics that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.
- Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
- Account Security.
- You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. ArchTronics is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
- In addition to terms under the Support Policy, in connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
- You agree to give ArchTronics permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
- Data Backups.
- You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of ArchTronics’ network. ArchTronics is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
- Prohibited Uses.
- Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over five hundred (500) recipients and you may not send an email to more than five hundred (500) recipients. If you need to send an email to over five hundred (500) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than five hundred (500) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: legal(at)archtronics.com (replace “(at)” with “@”).
- Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. The use of our network to host content related to or to engage in the following activities is strictly prohibited.
- IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites
- IP scanners, Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- File Dump/Mirror Scripts (similar to rapidshare)
- Anonymous or Bulk SMS Gateways
- Websites or links to websites advocating human violence and hate crimes
- Websites promoting illegal activities. or linking to other websites that promote illegal activities
- selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit
- hosting adult thumbnail galleries/banner exchanges
- lottery/gambling or chain letters, regardless of content, and regardless of your citizenship
- advertising, advocating or operating High-Yield Interest Programs (HYIP), Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites
- fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television
- cryptocurrency/bitcoin miners
- impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service
- dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone
- content that promotes or advocates human trafficking in any way shape or form as determined by ArchTronics’ sole discretion, sites that promote prostitution, or escort services
- network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet)
- creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections
- posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
- setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
- Server Maintenance Policy.
- Availability. We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, to operate efficiently and securely, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
- Maintenance. Planned outages, including Scheduled Downtime, during these periods, will not fall under our 99.9% uptime commitment. ArchTronics will make a reasonable effort to advise customers as far in advance as possible of any predicted extended outages.
- “Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts
- “Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements
- “Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention
- “Scheduled Downtime” includes (i) and (ii) above
- Backup of Data. Before attempting to troubleshoot any issue yourself or engaging us to assist with service issues, please BACKUP ANY AND ALL DATA. ArchTronics is not responsible for any data loss or corruption, including that resulting from:
- our authorized actions
- those actions you take using the Services
- hardware failures
- any software or other technology failures
- Customer Responsibilities.
- It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. ArchTronics will not be held responsible for any problems or service outages caused due to reboots during maintenance.
- WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.
- Please contact support at support(at)archtronics.com or from your ArchTronics account and open a ticket if you have any questions.