Agama Advertising Technology Services Terms of Service

Agama Advertising
4503 Lilac Lane
Victoria, Texas  77901
(361) 572-3810

By using Agama Advertising’s Services, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained herein as well as all acceptable use policies incorporated by reference.

Agama Advertising reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Agama Advertising Web site (the "Site"). Your continued use of Services following Agama Advertising's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

The Services referred to in this document include, but are not limited to, application programming work, database programming work, website hosting, website construction work, website maintenance work, and system integration work.

1) Your License Grant to Agama Advertising
You hereby grant to Agama Advertising a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (1) grant to Agama Advertising a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (2) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

2) Agama Advertising Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Agama Advertising or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Agama Advertising to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Agama Advertising or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Agama Advertising during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

Agama retains full rights and ownership of any project or product while it is in development or has not been paid in full. Agama will release rights and ownership of the project or product once payment has been received in full. These rights cover the finished product, but do not cover any specific ownership of code. Much of the code used in a given project will have been used in previous projects, and will be used again in future projects. Also, any open source code used in the creation of a given project will have it's own license terms that supercede any license listed here.

3) Payment Information
You agree to supply appropriate payment for the Services received from Agama Advertising, in advance of the time period during which such Services are provided. You agree that until and unless you notify Agama Advertising of your desire to cancel any or all Services received, those Services will be billed on a recurring basis.

Cancellations must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, please contact us via phone. We require that cancellations of Service are done in writing to (1) confirm your identity, (2) confirm in writing you are prepared for all files/emails to be removed, and (3) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. Agama Advertising will not refund to you any web hosting, domain name, or SSL certificate fees paid in advance of cancellation.

As a client of Agama Advertising, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. All charges for Services must be paid in advance. All invoices are due on receipt unless other terms are clearly stated on the invoice. Agama Advertising provides a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for more than 30 days and not paid will result in all of the following: (1) late fees at the rate of 1.5% per month (18% per year) or $25 per month (whichever is higher) on any unpaid account balance, (2) the immediate suspension of your web hosting account, and (3) cessation of any and all work or Services being rendered. Any invoice that has late fees applied to it will not be considered paid if the late fees have not been paid. Suspension of a web hosting account and other work and Services will not be lifted until all outstanding invoice and late fee payments have been successfully processed. You also agree to pay all costs and expenses in Victoria County, Texas, including reasonable attorney’s fees incurred by Agama Advertising in connection with the enforcement of Agama Advertising's rights hereunder.  All claims for adjustment of invoiced amounts must be presented in writing to Agama Advertising within 15 days from the date of the invoice.

Agama Advertising reserves the right to change the monthly payment amount and any other charges at anytime.

4) Customer and/or Third Party Acts
Agama Advertising is not responsible in any manner for any Services that are inoperable, nonfunctional, or otherwise unavailable to the extent caused by you or your customers. In addition, Agama Advertising is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Agama Advertising's reasonable control.

5) No Express or Implied Warranty
All Services, systems and products provided by Agama Advertising under this agreement are provided without any express or implied warranty in fact or in law, whatsoever. You acknowledge and agree that Agama Advertising exercises no control over, and accepts no responsibility for, the content of the information passing through Agama Advertising's computers, network hubs and points of presence, or the internet. Agama Advertising does not warrant that the operation of the Services will be uninterrupted or error-free, or completely secure, and does not make any warranties with respect to patent, copyright, trade secret or trademark infringement. All Services performed under this agreement are performed "as is" and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided in this agreement, Agama Advertising does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the Services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or conditions of quality, and any warranties with respect to patent, copyright, trade secret, or trademark infringement.

6) Your Warranties and Representations to Agama Advertising
You warrant, represent, and covenant to Agama Advertising that (1) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (2) you possess the legal right and ability to enter into this Agreement; (3) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (4) you will be financially responsible for the use of your account; (5) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

7) Confidentiality
The parties each agree that all Confidential Information (as defined below) communicated by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

8) Liability
In no event shall Agama Advertising have any liability whatsoever for damage, unauthorized access to, alteration, theft or destruction of information provided to Agama Advertising, distributed or made available for distribution via the Services. Agama Advertising shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if Agama Advertising has been advised of the possibility of such damages. In any event, the liability of Agama Advertising to you for any reason and upon any cause of action shall be limited to the amount actually paid to Agama Advertising by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the Services set by Agama Advertising under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release Agama Advertising from any and all obligations, liabilities, and claim in excess of the limitation stated in this document.

9) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Agama Advertising harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Agama Advertising, its agents, its customers, officers and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Agama Advertising against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Agama Advertising; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Agama Advertising's servers.

10) Arbitration
By using any Agama Advertising Services, you agree to submit to binding arbitration. If any disputes or claims arise against Agama Advertising or its subsidiaries, such disputes will be handled by an arbitrator of Agama Advertising's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in Victoria County in the State of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

11) Disclaimer
Agama Advertising shall not be responsible for any damages your business may suffer. Agama Advertising makes no warranties of any kind, expressed or implied for Services we provide. Agama Advertising disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all Service interruptions caused by Agama Advertising and its employees.

12) Disclosure to law enforcement
Agama Advertising may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

13) Notices
All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, United States Postal Service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

14) Choice of Law and Forum
This agreement will be governed by the laws of the United States of America and the State of Texas, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the federal or state courts located in Victoria County, Texas, and you irrevocably consent to the jurisdiction of such courts.

15) Entire Agreement
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

16) No Fiduciary Relationship
No Third-Party Beneficiaries. Agama Advertising is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

17) Assignments
You may not transfer or assign your rights, duties, or obligations under this Agreement without Agama Advertising's prior written consent. Agama Advertising may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

18) No Waiver
Agama Advertising's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Agama Advertising's right to subsequently enforce such provision or any other provisions under this Agreement.

19) Severability
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

20) Survival
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

21) Changes to the Terms of Service
Agama Advertising reserves the right to revise its policies at any time without notice.

Website Hosting and Website Services Addendum

1) Account Setup / Contact Information on file
We will setup your account after we have received payment and it has cleared the bank. It is your responsibility to provide us with correct contact information. If there is ever an issue or we need to contact you, the contact information on file will be used for this purpose. It is your responsibility to ensure the contact information on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

2) Content
All Services provided by Agama Advertising may only be used for lawful purposes. The laws of the State of Texas and the United States of America apply.

The customer agrees to indemnify and hold harmless Agama Advertising from any claims resulting from the use of our Services.

Use of our Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), autosurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Agama Advertising Services, including all related equipment, networks and network devices are provided only for authorized customer use. Agama Advertising systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Agama Advertising system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

3) Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on Agama Advertising's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Agama Advertising. Agama Advertising will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Agama Advertising has the option at any time to reject this material. Agama Advertising will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Agama Advertising. Use of our website hosting service requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Agama Advertising's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Agama Advertising.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. We recommend that you keep permissions as restrictive as possible, and no less restrictive than 755. You can find more information about octal permissions here:

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. You can find more information about strong and weak passwords here:

4) Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on an Agama Advertising Server is not owned by Agama Advertising; therefore Data preservation is the ultimate responsibility of you, the client. Agama Advertising is in no way responsible for the client’s data and or the backup of that data. Unused transfer in one month cannot be carried over to the next month.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

5) Backups and Data Loss
Your use of the Service is at your sole risk. Agama Advertising is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Agama Advertising servers.

6) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

7) Email Limits
There is a 500 hourly email sending limit per domain. If you send over this amount in any hour, the extra e-mails will bounce back with a undeliverable error. Any mailing list larger than 500 addresses will require special arrangements with us.

There is a limit of 60 pop checks per hour limit per e-mail address.  If you go over this, your account will lock you out and you will get a wrong password error message saying login incorrect. The account lockout  will automatically disengage after one hour. To prevent this from happening again, disable automatic email checking in your email program or set it’s time interval to 10 minutes or higher.

Mailing Lists Rules
  1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it.  We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. If you do not throttle your email list, your account will be suspended.
  2. Any mailing list over 500 emails is only allowed to be sent to during off-peak times. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.
  3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.
  4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
  5. Any mailling list MUST comply with all guidelines set forth by the United States. These can be found at:
  6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the Register of Known Spam Operations (ROKSO - ) may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Agama Advertising reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Agama Advertising reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Agama Advertising, but will be based on reasonable and customary charges for the industry.

8) Uptime Guarantee
If your account has a physical downtime that is not within 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Agama Advertising dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact with justification. All requests must be made in writing via email.

9) Maintenance
You hereby acknowledge and agree that Agama Advertising reserves the right to temporarily suspend Services for the purposes of maintaining, repairing, or upgrading its systems and network. Agama Advertising will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

10) Passwords
Agama Advertising reserves the right to reset the password on an account if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their account to prevent downtime from forced password resets. Agama Advertising reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Accounts are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.