Terms of Service

Turnkey Websites Terms of Service
Revision date: 9/24/15

Overview
By purchasing a turnkey website from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

All websites are sold as-is. Please view the live demo prior to purchasing so that you know exactly what you're getting. Any changes/alterations may be negotiated for an additional fee. A domain name, website hosting, or website installation is NOT included with a website purchase. If you need any of these services, we do offer them in our online store.

Licensing & Resale
Our websites come with a single domain license. You can only sell our website's with the original domain name it was setup on. You cannot make copies of our websites and/or resell copies under any circumstance. Violators will be prosecuted to the fullest extent of the law.

Refund Policy
Due to the digital nature of our products and the fact that the website files are delivered immediately upon purchase, we have a strict "no refunds" policy that prevents abuse of this system. Please view the live demo and ask any questions prior to purchase so that you know exactly what you're getting.

Affiliate Programs
Amaraq Websites is not responsible for your acceptance into any of the affiliate programs. Applying to the programs and being accepted is solely the buyer's responsibility. Please Note: The Amazon Associates program is currently unavailable to residents of the following US states due to tax laws: Arkansas, Colorado, Maine, Missouri, Rhode Island & Vermont.

Third Party WordPress Plugins
Our websites use third party plugins which are free (open-source) or we own the developer's license to. You may not copy and use any of our licensed plugins on any other websites or you will be in violation of the third party plugin's copyright laws and may be prosecuted.

You acknowledge and agree that we provide use of such plugins ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the third party plugins.

Third Party Articles
Some of our websites contain articles from third party sources which are linked to at the bottom of the article. Any articles from a third party source can't be modified or altered in any way, nor can the source link be legally removed. All third party articles are copyright their respective owners.

Stock Images
All stock images found on our websites are copyright their respective owners and shall not be resold or re-used under any circumstances.

Third Party Links
Certain content, products and services available via our websites may include materials and advertisements from third parties.  Third party links on our turnkey websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third-party.

General Conditions
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our websites or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to prosecute for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability
You expressly agree that your use of, or inability to use, the product is at your sole risk. All products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Amaraq Enterprises, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification
You agree to indemnify, defend and hold harmless Amaraq Enterprises and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Contact Information
Questions about the Terms of Service should be sent to us at contact@amaraqwebsites.com.

Hosting Terms of Service
Revision date: 9/24/15

All services provided by Amaraq Enterprises ("Amaraq Enterprises") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Amaraq Enterprises from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Amaraq Enterprises' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Amaraq Enterprises WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Amaraq Enterprises is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Amaraq Enterprises must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
All hosting accounts are billed on an annual basis. On the Account Activation Date of each year, Amaraq Enterprises shall do one of the following:

(1) debit the client’s Paypal account or credit card automatically (when such information has been provided by the client). It is the client’s responsibility to ensure that they have sufficient funds to cover this transaction.

or

(2) deliver, by e-mail, an invoice in accordance with the applicable Service Fees for services rendered for the upcoming year. When an invoice is delivered to the client, payment shall be remitted to Amaraq Enterprises by no later than the specified payment due date.

If Amaraq Enterprises does not receive payment within 7 days of the specified payment due date, the account, and all accounts under that account plan, will be suspended.

Money back guarantee & refund policy
We do not refund cancelled contracts. For example, if your contract is annual and you request a refund after one month, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivation
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Amaraq Enterprises shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Amaraq Enterprises ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Amaraq Enterprises shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Amaraq Enterprises' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to contact@amaraqwebsites.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Amaraq Enterprises cannot be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by Amaraq Enterprises are resold. Thus, certain equipment, routing, software and programming used by Amaraq Enterprises are not directly owned or written by Amaraq Enterprises. Moreover, Amaraq Enterprises holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Amaraq Enterprises sees fit.

Account Activation
By activating your account with Amaraq Enterprises, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.
We will, however, advise you by e-mail or phone prior to taking any action to provide you with an
opportunity to correct the problem.

Server Uptime Guarantee
Although Amaraq Enterprises has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Amaraq Enterprises reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 9/24/15

Amaraq Enterprises has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Website

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, you can contact: contact@amaraqwebsites.com

Acceptable Use Policy
Revision date: 9/24/15

As a provider of web site hosting and other Internet-related services, Amaraq Enterprises offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Amaraq Enterprises respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Amaraq Enterprises reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Amaraq Enterprises has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Amaraq Enterprises' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Amaraq Enterprises cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Amaraq Enterprises cannot monitor or censor the Internet, and will not attempt to do so, Amaraq Enterprises cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Amaraq Enterprises does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Amaraq Enterprises' network and may reach a large number of people, including both subscribers and non-subscribers of Amaraq Enterprises, subscribers' postings to the Internet may affect other subscribers and may affect Amaraq Enterprises' goodwill, business, reputation or operations. For these reasons, subscribers violate Amaraq Enterprises policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Amaraq Enterprises, but also because it can overload Amaraq Enterprises' network and disrupt service to Amaraq Enterprises' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Amaraq Enterprises will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Amaraq Enterprises reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Amaraq Enterprises choose to pursue and prosecute.

Audio/Video Streaming 
Audio/Video Streaming is not hosting friendly. As such, Amaraq Enterprises does not allow any streaming of audio or video content. Offending accounts will be suspended without notice or terminated.

Adult-Oriented Content
Amaraq Enterprises does not allow adult content and has the right to suspend/terminate any offending account.

Large File Policy
Amaraq Enterprises is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail contact@amaraqwebsites.com.

Obscene Speech or Materials
Using Amaraq Enterprises' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Amaraq Enterprises is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language
Using Amaraq Enterprises' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP 
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups
Amaraq Enterprises reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities 
Engaging in activities, whether lawful or unlawful, that Amaraq Enterprises determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Amaraq Enterprises will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Amaraq Enterprises' policy or applicable law. However, when Amaraq Enterprises becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting
down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Amaraq Enterprises.

Amaraq Enterprises is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Amaraq Enterprises' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Amaraq Enterprises does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Amaraq Enterprises reserves the right to directly take action against a customer of its subscribers. Also, Amaraq Enterprises may take action against the Amaraq
Enterprises' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Amaraq Enterprises anticipates that subscribers who offer Internet services will cooperate with Amaraq Enterprises in any corrective or preventive action that Amaraq Enterprises deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Amaraq Enterprises policy.

Amaraq Enterprises will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Amaraq Enterprises may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Amaraq Enterprises may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Amaraq Enterprises assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Amaraq Enterprises may disclose subscriber information or information transmitted over its network where necessary to protect Amaraq Enterprises and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Amaraq Enterprises will never sell information to other services or outside companies.

Amaraq Enterprises expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Amaraq Enterprises policy. Finally, Amaraq Enterprises wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Amaraq Enterprises for any violation of the Service Agreement, law or Amaraq Enterprises policy resulting in loss to Amaraq Enterprises or the bringing of any claim against Amaraq Enterprises by any third party. This means that, if Amaraq Enterprises is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Amaraq Enterprises, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Amaraq Enterprises and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to contact@amaraqwebsites.com.

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