Terms of Use and Service Agreement

These Terms of Use and Service Agreement ("Terms of Use and Service Agreement") are entered into and agreed to, as of the date on which the Customer first uses the Aaron Group Services. This "Terms of Use and Service Agreement" is a legal agreement by and between Aaron Group ("Aaron Group") and CUSTOMER. The terms "CUSTOMER", "YOU" and "YOUR" means YOU, YOUR Company, YOUR Employees, and anyone who has access to use YOUR services and YOUR account. YOU will be referred to in these Terms of Services as "CUSTOMER", "YOU", “YOUR” or “MERCHANT”.

1. Aaron Group Services
a. Aaron Group Services include but are not limited to website design, website hosting and domain registration. Aaron Group Services are any act of serving the CUSTOMER, being provided by Aaron Group, regardless of its duration and whether it's a paid service or a free service. 
b. Aaron Group may, with 30 days notice, amend the fees and charges for any service.
c. Aaron Group will not be liable or responsible for money or business losses due to hosting down time, loss of data to CUSTOMER’S website or any malfunction of CUSTOMER’S service.
d. CUSTOMER agrees Aaron Group will not reimburse CUSTOMER for any money loss from hosting down time, loss of data to CUSTOMERS website or any malfunction of CUSTOMER’S service.
e. Aaron Group "only permits" SSL (Secure Socket Layer) at the customers request, this SSL (Secure Socket Layer) is from a third party of which the customer has access to their information, it is the CUSTOMER’S total responsibility and liability to use this SSL (Secure Socket Layer) on CUSTOMER’S website.
f. Aaron Group will only credit a portion of the CUSTOMER’S services fee(s) for the period of time the CUSTOMER’S service doesn't work; CUSTOMER’S must contact Aaron Group within three (3) business days to receive any credit.
g. All information and financial data received from all transactions and storage of data and information is CUSTOMER responsibility to keep secure

2. Use of Material
a. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Aaron Group services. The CUSTOMER assumes all risks regarding the determination of whether their material is in the public domain.
b. As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Aaron Group services without the permission of the copyright holder.

3. Use of Services
a. The CUSTOMER agrees to maintain a secure password to the account. Secure passwords are those that contain upper and lower case letters, and numbers or other characters, and cannot be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CUSTOMER is solely responsible for periodically changing its password as required to assure secure access to its account.
b. The CUSTOMER agrees to use the services provided by Aaron Group as permitted by applicable local, provincial, state, and federal laws. The CUSTOMER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any Aaron Group policy.
c. Aaron Group reserves the right to refuse service to any new or existing customer and refund remaining balance on the account, if any.
d. The CUSTOMER is solely responsible for any legal liability arising out of, or relating to, his/her web site at Aaron Group. The CUSTOMER represents and warrants to Aaron Group that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not:
1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
2. contain any material that is: unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. CUSTOMER agrees to indemnify and to hold Aaron Group, and any third party entities related to Aaron Group, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to the CUSTOMER'S breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.
e. The CUSTOMER understands and agrees that Aaron Group may at its sole discretion discontinue CUSTOMER web site hosting service after 24 hour notice by CUSTOMERS email or immediately when CUSTOMER violates any of these “Terms of Service”.
f. Aaron Group accounts cannot be transferred or used by anyone other than the subscriber. CUSTOMERS may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the CUSTOMER has entered into a Reseller Agreement with Aaron Group.
g. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy.
h. CUSTOMER will endeavor to prevent viruses from corrupting Aaron Group systems.
i. CUSTOMER acknowledges that Aaron Group does not warrant the integrity, security or quality of any service or product provided by third parties and any recommendation by Aaron Group for services or products auxiliary to Aaron Group's services.

4. Shopping Cart Disclaimer
YOUR “Shopping Cart” (a piece of software that acts as an online store's catalog and ordering process) is an independent piece of software that only you activate, manage, and integrate into your website hosting service. CUSTOMER agrees that any Shopping Cart added to Aaron Group website hosting is a third party product. No "Shopping Cart" is managed, supported, warranted, secured, directly affiliated or owned by Aaron Group. CUSTOMER agrees that Aaron Group is not responsible and does not warrant the integrity, website security or quality of any service with the use of any “Shopping Cart”. CUSTOMER agrees that CUSTOMER has full responsibility to keep YOUR website secure and updated with the most recent security updates related to CUSTOMER website, financial transactions, ecommerce service, and any transaction through CUSTOMER website. CUSTOMER acknowledges that CUSTOMER has activated and installed “Shopping Cart” to CUTOMER’S website hosting account.

5. Indemnification
CUSTOMER agrees to protect, defend, hold harmless and to indemnify (at Aaron Group’s sole option and at CUSTOMER sole expense) Aaron Group, its managers, directors, owners, officers, consultants, employees, independent contractors and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including attorneys' fees, based upon a claim or claims arising out of or relating to YOUR use of and/or access to Aaron Group Services or services provided, including but not limited to any claims arising out of the sale or offer for sale of any illegal, infringing, counterfeit products or services or any other misuse of the Aaron Group Services by YOU or YOUR customers. YOU acknowledge that Aaron Group shall not be liable to CUSTOMER for losses, if any, incurred as a result of fraudulent or unauthorized misuse of Aaron Group Services.

6. LIMITED LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER UNDERSTANDS, AGREES AND ACKNOWLEDGES THAT IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Aaron Group BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR, INCLUDING BUT NOT LIMITED TO, THE LOSS OF CUSTOMER'S DOMAIN NAME; ANY BUSINESS LOSS, REVENUE DECREASE, EXPENSE INCREASE; COSTS OF SUBSTITUTE PRODUCTS/SERVICES; OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING FROM, INCLUDING BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, ANY OF Aaron Group’s SERVICES; ANY MALFUNCTION OR INCOMPATIBILITY OF TECHNOLOGIES INCLUDED WITH Aaron Group’s SERVICES; ANY TECHNOLOGIES ADDED, REMOVED OR ALTERED BY CUSTOMER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, SCRIPTS AND/OR SOFTWARE USED FOR OR ON THE CREATION OR OPERATION OF CUSTOMER'S WEBSITE. ALL OF THE FOREGOING IS APPLICABLE REGARDLESS OF WHETHER Aaron Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Aaron Group can make no warranty or guarantee of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available on CUSTOMER’S website. Use of information obtained from or through Aaron Group is at the risk of the CUSTOMER.
c. The CUSTOMER acknowledges that the information available through the interconnecting networks may not be accurate. Aaron Group has no ability or authority over the material. Aaron Group can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Aaron Group services is at the risk of the CUSTOMER.
d. Aaron Group specifically disclaims all warranties of merchantability and fitness for a particular purpose, including but not limited to software application(s), data and/or information obtained from or through Aaron Group, or any other referred third-party, directly or indirectly, is at the sole risk of the CUSTOMER.
e. All information, software, and services available through Aaron Group are provided "as is," without warranties of any kind, either express or implied. Aaron Group does not warrant that any errors will be corrected or that the site or our services are free of viruses or other harmful components. Proceeding with usage of Aaron Group Services is solely at the risk of the CUSTOMER.

7. Payment of fees and penalties
a. The Aaron Group accounting cycle begins when an account is activated. Payments will be submitted in advance of receiving services. The starting date of the billable period will be the earlier of the day we receive the electronic order form or the day customer signs up via fax or mail. The CUSTOMER acknowledges that the CUSTOMER is responsible to initiate a payment in
order to renew service once the original service period has ended. Payment is due at beginning of each accounting cycle. Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle. Accounts that are delinquent are
put on "accounting hold" and may not be used. Accounts that are unpaid for 1 month may have all their website data and files completely deleted. Deleted data is lost forever, so CUSTOMER must always keep a duplicate copy (back-up) of their website, data and files. Aaron Group accounts continue to accrue charges while they are on hold. The CUSTOMER acknowledges responsibility for the account until payment in full is made. There is a US $25.00 service charge for each check that is not honored. The CUSTOMER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the CUSTOMER responsibility to monitor the amount of bandwidth of CUSTOMER’S account, on a daily basis. Aaron Group has no obligation to warn the CUSTOMER regarding the excessive bandwidth usage.

8. "NOT-TO-RENEW" Requests
a. "NOT-TO-RENEW" requests for Aaron Group accounts must be given via a fax or email by CUSTOMER. Such requests must be received by 5PM Eastern Standard Time 15 DAYS before the account's next billing date, in order to be processed. This will prevent an automatic renewal and charge.
b. Cancellations will NOT generate ANY refund.

9. Abuse of Services
a. Any use of Aaron Group system resources that disrupts the normal use of the system for other Aaron Group customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Aaron Group forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy, the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes.
b. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by Aaron Group. If the misuse is unintentional, the suspension may be rescinded following discussion with Aaron Group. Spamming or illegal activities will result in immediate termination of services to CUSTOMER.
c. Unethical and criminal offenses are violations of Aaron Group conditions of use. You are expected to report to Aaron Group any information you may have concerning instances in which the conditions of use have been or are being violated. Aaron Group may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution.

10. IP Addresses
a. Aaron Group maintains control of any and all IP numbers and IP addresses that may be assigned to the CUSTOMER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

11. Intellectual Property
a. CUSTOMER warrants that it will not copy, reproduce or republish any material, in whole or in part, located on the Aaron Group’s website. CUSTOMER will not use the trademarks or copyrights of Aaron Group. CUSTOMER will not misrepresent its relationship with Aaron Group or attempt to pass itself off as Aaron Group or in any way claim that it's Aaron Group.

12. Assignment and Agents
a. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the CUSTOMER may not assign or delegate its rights and obligations under his business relationships with Aaron Group, either in whole or in part, without the prior written consent of Aaron Group. Aaron Group may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, and/or sale of Aaron Group’s assets or other reorganization.
b. CUSTOMER agrees that if an application for domain name registration or web hosting completed by an agent for the CUSTOMER (sometimes called Administrative Contact), the CUSTOMER is nonetheless bound as a principal by all terms and conditions herein.

13. Governing Law and Severability
These "Terms of Use and Service Agreement" between Aaron Group and the CUSTOMER, will be governed by and construed in accordance with the laws of the United States of America (USA), New Jersey. CUSTOMER agrees that any litigation or arbitration between the parties will take place in the state of New Jersey, in the United States of America (USA), and CUSTOMER does consent to personal jurisdiction and venue in the United States of America (USA), New Jersey. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.