AgmaNet (the "Company" or "we") agrees to provide hosting services to the Customer (the "Customer" or "you") subject to the terms and conditions set forth in this agreement. Use of AgmaNet 's products or services constitutes your acceptance of the terms of this agreement. We reserve the right to modify or change this agreement, in whole or in part, without prior notice to you. The Customer acknowledges that such a change shall not constitute grounds for early contract termination or non-payment.

1. Definition of Terms. All services provided by the Company are henceforth referred to as "the Services". All accounts, whether they be a shared hosting account, reseller hosting account, dedicated server, or any other service provided by the Company, are subject to this agreement and all terms contained and set forth within. Furthermore, in all parts of this agreement, masculine refers to feminine, and singular refers to plural, and vice-versa as needed in this agreement.

2. Privacy Policy. All customer information is stored in our secure, encrypted databases and kept strictly confidential. "Customer information" is to be defined as any information collected and stored by AgmaNet  including, but not limited to, name, mailing address, telephone number, electronic mail address, passwords, Internet Protocol address, billing or invoice history, credit card information, or contents of any support tickets. Customer information is only accessible by direct staff members of the Company and is not released, sold, or distributed to any other company or third-party. However, in the interests of justice, we reserve the right to disclose and release all customer information upon receipt of an official court order or subpoena, duly signed by an agent of a Court of Law.

3. Payment Policy. All fees for services provided by the Company are due in advance on the first day of each billing cycle. An invoice for due services will be generated on your account and dispatched to your primary account e-mail seven (7) days prior to your actual due date. Within those seven (7) days, the Customer must login to our Billing Center at http://www.AgmaNet.com and make payment on any due invoices. A reminder invoice is not guaranteed. It will be the responsibility of the Customer to ensure that payment is made on all invoices on or before the scheduled due date.

All invoices must be paid in full no later than 5:00 PM EST (GMT -5) on the specified invoice due date. Failure to make full payment of an invoice at or before 5:00 PM on the specified due date will result in all provided services being suspended and/or disconnected. This means that, at our discretion, all services provided to the Customer may be disconnected, not only the service that is delinquent. A late fee of upto seventy-five dollars ($75.00 USD) will be applied to all past due accounts. If payment is not received by 5:00 PM EST (GMT -5) on the day following an invoice being due, the account will be subject to immediate cancellation. Shared hosting and reseller hosting accounts will be terminated from our shared servers; Virtual Private Servers and Dedicated Servers will be cancelled and reimaged . AgmaNet is not responsible for any data lost due to cancellation for non-payment.

4. Refunds Policy. All payments to AgmaNet are non-refundable. This includes the one-time setup fee and all subsequent charges or fees regardless of usage. If you believe you have been overcharged or falsely billed, you must communicate these concerns to our Billing Department within twenty-four (24) hours of such overcharge or false billing. All communications with the Billing Department must be made via our secure helpdesk at http://www.AgmaNet.com/support.php

5. Chargeback's. Initiation of a complaint or chargeback against AgmaNet for products or services rendered constitutes a severe breach of this agreement. A "complaint or chargeback" shall be defined as initiating any form of complaint or chargeback with PayPal and/or your credit card issuer or bank. Upon receipt of a complaint or chargeback, or threat thereof, AgmaNet will immediately deactivate all Services provided to the Customer, and immediately begin chargeback reversal procedures. In the event we lose the chargeback reversal procedures, we will immediately send to collections the full disputed amount in addition to an "Administrative Fee" of five hundred dollars ($500.00 USD). Please note that threats of a complaint or chargeback will be treated the same as a complaint or chargeback. In all cases, violation of this clause will result in cancellation of all Services provided to the Customer, whether one or all services were disputed.

6. Cancellation Policy. You may cancel your Services with AgmaNet at anytime by providing not less than ten (10) days prior written notice of your intent to cancel service. All cancellation requests must be submitted directly to the Billing Department via our secure helpdesk at http://www.AgmaNet.com/support.php  . All cancellation requests must include the Customer's full name, billing address, telephone number, service's the Customer wishes to cancel, effective date of cancellation, reason for leaving, and current account password for verification. Cancellations may be verified by a telephone call. The Customer may opt to leave the Services online until the end of the monthly cycle, however, the cancellation request must be entered on our system at least ten (10) days prior to the next renewal date to avoid an invoice being generated for the Service. Once an invoice has been generated on the Customer's account for the Service, cancellation will no longer be an option, and the Customer will be responsible for making full payment on the invoice, or actions will be taken in accordance with Section 3 of this agreement.

7. Service Level Agreement. AgmaNet guarantees to have your server online at least 99% of the time. This excludes schedules maintenance, reboots, self-inflicted downtime, acts of God, backbone issues, DDoS attacks, hardware failure, or anything else out of AgmaNet's control. In the unlikely event that we fail to meet our uptime guarantees in any given month, we will credit you account with 100 GB of bandwidth. As per this agreement, no refunds will be issued.

8. Support Policy. AgmaNet provides priority technical support to the Customer 24 hours per day, 7 days per week, with the exception of a few holidays and brief company meetings. Our support services are limited to our area of expertise, which is restricted to the physical functioning of your account. We do not provide support for any third-party scripts or programs and, as such, you should refer to the program's help documentation for assistance. AgmaNet provides support exclusively to our direct customers. All resellers are responsible for providing support to their own customers. All support issues are to be directed to our secure helpdesk at http://www.AgmaNet.com/support.php  and include your full name, e-mail address, server IP, Operating System, and root password. Instant messenger and telephone contacts are not valid methods of support. While we endeavor to answer all support tickets within two (2) hours, certain circumstances may warrant a delayed response.

9. Support Abuse. Abuse or disrespect directed towards our staff will never be tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension, or cancellation of all Services, as well as an "Administrative Penalty" of up to two hundred fifty dollars ($250.00 USD) per offense. As per this agreement, no refunds will be offered in the event that cancellation is considered.

10. Abuse Procedures. In the event a server is found to be in violation of this agreement, we will immediately dispatch a Policy Enforcement Notice to the e-mail listed on the account. This Policy Enforcement Notice will contain (a) a listing of violations that have been found on your account; (b) a listing of files, programs, or complaints that have caused the abuse; and (c) a set period of time in which to resolve the issue. In extreme circumstances, prior notice cannot be assured and the server may be immediately disconnected. Upon receipt of a Policy Enforcement Notice, the Customer should take immediately take whatever action necessary to resolve the issue. Once the conditions of the Policy Enforcement Notice have been met, you must reply to the Notice so that we may update our records and clear your account from our Abuse Department. Failure on your part to resolve any issue within the allocated time period, or failure to notify us of such resolution, may result in disconnection of the Service in violation. All servers disconnected for abuse issues are subject to an "Administrative Penalty" of upto one hundred dollars ($100.00 USD) prior to reconnection, in addition to any other administrative penalties or fees set forth in this agreement.

11. Limitation of Liablity. AgmaNet is not responsible for any damages the Customer may suffer. We do not make any implied or written warranties for any of our products or services. AgmaNet denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any service interruptions caused by AgmaNet. In no event shall AgmaNet be liable for any direct, indirect, incidental, special, or consequential damages, or damages for any loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to or use of your account. AgmaNet wishes to emphasize that by your acceptance of this agreement, you agree to indemnify and hold harmless AgmaNet for any violation of this agreement that results in loss to AgmaNet or the bringing of any claim against us by any third-party, including all court and attorney fees.

12. Transfer of Rights. Under no circumstances shall the Customer transfer their rights under this agreement to any other individual or third-party without the direct written consent of the Company. This means that you may not sell, give away, or otherwise transfer your account to another person without our permission. In these cases, a nominal administrative fee may apply to cover the cost of us transferring the account to another person.

13. Acceptable Use Policy. In order to provide for a safer, more reliable service, we are forced to restrict certain content and activity from use on our servers. This Acceptable Use Policy provides an outline of content or activity that is prohibited on our servers. Any account found to be in violation of our Acceptable Use Policy is subject to action in accordance to Section 10 of this agreement. The following would constitute a violation of this agreement:

(a) Child Pornography. Use of our service to host, distribute, or link to any website containing child pornography is strictly prohibited. Any account found in violation of this provision will be immediately terminated from our servers and reported to the U.S. Customs Agency for prosecution. We urge anyone who finds child pornography on the Internet to report it immediately to the U.S. Customs Agency by calling toll free to 1-800-BE-ALERT.

(b) Copyright Infringement. Use of our service to host any content that violates the copyright or trademark rights of another person is strictly prohibited. Any account found to be hosting material that infringes another's copyright will be ordered to remove the content from the server immediately. Failure to do so will result in account suspension. Copyright holders who wish to make claims of copyright infringement in accordance with the Digital Millennium Copyright Act may do so by submitted a ticket to our Abuse Department via our online helpdesk at http://www.AgmaNet.com/support.php .

(c) Denial of Service. Any Denial of Service (DDoS) attack originating from or directed toward our network cannot be tolerated. If your server is the source of or target of any DDoS attack, your server may be immediately disconnected and/or your IP addresses null-routed. We will assist you in migrating to a different machine, location, or IP space and get your server back online.

(d) Fraudulent Websites. Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam is prohibited. Furthermore, any website conducting fraudulent business by false advertising or poor business practices are not welcome on our network.

(e) Hacking / Cracking. Any attempt to access or circumvent secured network devices using our network is strictly prohibited. Any server found to be hacking or cracking will be immediately disconnected and subject to cancellation without refund.

(f) Harassment or Threats. Use of AgmaNet's services to transmit any material, by means of e-mail, uploading, posting or otherwise, that threatens or encourages bodily harm or destruction of property; or that harasses another person. Such content is forbidden from our network and subject to suspension. In the event a crime is committed, legal authorities will be contacted.

(g) Illegal Use. Use of AgmaNet's service to promote, encourage, or conduct in illegal activity is strictly prohibited. This includes, but is not limited to, websites promoting or encouraging illegal drug use (including "educational" websites), Warez usage, or anything else deemed illegal by United States Law.

(h) Invalid Contact Information. All customers must provide us with, and keep current, valid contact information for their client profile. Any Customer found to have provided us with a false name, address, phone, or e-mail is subject to suspension pending receipt of valid information from the customer.

(i) IRC Networks. Use of our network to host, distribute, or link to any IRC network or IRC program is strictly prohibited. Any account found to be hosting any IRC-related content is subject to immediate account suspension, probation, and a one hundred dollar ($100.00) server clean-up fee.

(j) Pedophilia - Use of our service to host, distribute, or link to any descriptions of sexual activity involving children is strictly prohibited. Any server found hosting such content is subject to immediate disconnection and review for possible immediate cancellation.

(k) Phishing. Use of AgmaNet's service to collect any personal, financial, or other data from other persons without their knowledge is expressly prohibited. Any account found to be phishing from our servers will be terminated without warning and referred to the Federal Bureau of Investigation for prosecution.

(l) Shell Accounts. Use of our service to host accounts primarily for shell access to the server is strictly forbidden. These types of services are simply asking for abuse issues, and as such are not allowed. Any server found in violation will be asked to cease and decist such service.

(m) Spam Email. Use of the Enhanced Blue service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Upon receipt of a SPAM complaint, Enhanced Blue will launch an immediate investigation into the offense. If it is found that the customer is responsible for transmitting said spam, we will immediately terminate the account and send to collections a clean-up fee of two-hundred fifty dollars ($250.00 USD).

(n) Spamvertized Sites. Any website that is advertised, marketed, or contained in any spam e-mail, whether sent by the customer or not, is not welcome on our servers. Any spamvertized website hosted on our network is subject to immediate termination without prior warning. We take a zero-tolerance approach to spamertized websites on our network.

(o) Support Abuse. As outlined in Section 10 of this agreement, any abuse or disrespect of our support staff will not be tolerated. This further includes abuse of our helpdesk by sending in multiple tickets for the same issue, "bumping" tickets, or otherwise abusing our staff or support resources.

(p) Terrorist Sites. Use of our service to host, distribute, or link to any websites or content that advocate terrorist activity are subject to immediate disconnection.

(q) Torrents & Torrent Trackers. Use of our service to host, distribute, or link to any torrent website or torrent tracker is strictly forbidden. Any account found hosting said material is subject to immediate suspension and action in accordance with this agreement.

(r) Virus / Worm / Trojan. Use of AgmaNet's service to host, distribute, or link to any virus, worm, trojan, or other dangerous item will result in immedite account termination without warning. Viruses and worms can cause the infection of thousands of computers in just a few minutes, and thus are not permitted on our servers.

(s) Warez and Serialz. Use of our service to host, distribute, or link to any Warez or Serialz is strictly forbidden. Furthermore, hosting of any website that promotes, encourages, or is related to use or distribution of Warez or Serialz is prohibited.
14. Modifications to this Agreement. AgmaNet reserves the exclusive right to modify or change this agreement, in whole or in part, without prior notice to you. It will be the responsibility of the Customer to view the latest available version of this agreement via our website at http://www.AgmaNet.com/support.php . The Customer acknowledges that such a change to this agreement is not grounds for early contract termination or non-payment.