Terms of Use and End User License Agreement for Argati.com’s Services and Software

1. By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. All software’s provided by Argati.com is on an "as is" basis with no warranties of any kind and Argati.com will not be liable for any damages of any kind arising from the use. Argati.com further disclaims all warranties, express and implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ARGATI.COM SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

2. Argati.com grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Argati.com for personal use only. Redistribution of programs or services owned by Argati.com, unless explicitly granted by Argati.com, is strictly prohibited.

3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of Argati.com or its content suppliers and is protected by international copyright laws. All program used on this site is the property of Argati.com or its software suppliers and protected by international copyright laws. Any attempt of reverse engineering, disassembly, or de-compilation of programs, unless it is explicitly permitted, is prohibited by law.

4. Argati.com may send notices to you via either email or regular mail. Argati.com may also provide notices of changes to the terms or other matters by displaying notices on its website or links to notices to you generally on the services provided by Argati.com.  Changes to Argati.com’s service or privacy policy will be effective upon publication on it’s website. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.  IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL ALL ARGATI.COM SOFTWARE.

5. While it is Argati.com's intent to monitor your online communications, it is not the obligation of Argati.com to do so.   Argati.com reserves the right to edit or remove content that we become aware of and determine to be harmful and offensive to the general public. Termination or suspension of your account may be resulted as a consequence to the violation of this rule.
 

6. The integrity of this system relies on proper use of email as message passing media. The use of the email system, directly or indirect as a spamming tool, or other than it is intended, is prohibited.

7. Argati.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.

8.You are expected not to use the services provided by Argati.com for any unlawful activities not otherwise covered above, including but not limited to, attempting to compromise the security of any networked account, a site or a country. Appropriate legal procedures will be pursued when Argati.com is aware of any of these activities.
 

9. Argati.com shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Argati.com or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
 

10. Users are the ones who have the knowledge of their encrypting keys. They have the sole responsibility to make sure their encrypting keys are kept in a safe and secure place. Argati.com shall not be liable for any damages (including damages for not able to restore backup data or the disclosure of confidential information) resulting from loss/corruption/compromise of this key. 

11. Users of Argati.com’s ‘temporary’ or ‘trial’ use specials or programs understand that their data will be purged from Argati.com’s servers at the end of the trial or temporary period unless they have converted their temporary or trial account into a monthly or yearly fee account and have paid that amount in full before the end of the temporary or trial period.  Argati.com is not liable to User’s for any data lost during the temporary or trial period, or any data lost due to the User failing to convert their account to a monthly or yearly paid account. 

12. Use of Argati.com’s data storage service is limited to paying clients of our service.  Users recognize that there is considerable cost associated with actively maintaining their data on Argati.com’s servers which is offset by User’s monthly or yearly fees.  User’s also understand that if they fail to activate a temporary account, fail to renew an existing one, stop payment, or fail to change methods of payment when requested, their data will be purged from our servers and Argait.com is not liable for any loss of data to Users as a result.  Argati.com will notify users that their data will be purged from Argati.com’s servers 14 days prior to purging through the electronic means that User’s provide in their sign-up for services.  If Users do not issue payment, continue payment, or otherwise contact Argati.com with terms acceptable under their contract, the data will be purged 14 days from first attempt to provide notice.

13. Users understand that while Argait.com has measures in place to protect against viruses being stored or sent from our servers and mail accounts, we cannot guarantee that these will be completely effective.  Users should always take their own precautions against possible virus infection as appropriate.

14. You agree to defend, indemnify, and hold harmless Argati.com and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the Service by you, or by any other person using the Service through you or using your computer.

15. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Miami County, Ohio.

16. You and Argat.com agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Ohio, Miami County. If you and Argait.com cannot agree on arbitrators, they shall be appointed by the a Judge of the Miami County Common Pleas Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and Argati.com may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of the Service, whether through class arbitration proceedings or otherwise.

However, to the extent you have in any manner violated or threatened to violate Argati.com's intellectual property rights, Argait.com may seek injunctive or other appropriate relief in any state or federal court in the State of Ohio, and you consent to exclusive jurisdiction and venue in such courts.

17. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.

18. If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

19. Argati.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Argati.com's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.