• Acceptable Use Policy
• Abuse Policy
• Terms of Service Agreement
• Privacy Policy
• Billing Policy
• Trademark and Copyright Notice

1. Say or do whatever you want in the appropriate forum. If you are not sure what's appropriate, ask.
2. Don't do anything that is illegal. If illegal content is reported as originating from our system, we will delete the file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our system, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system's administrators.
3. Do not do anything to jeopardize the integrity of the Internet or Argon's systems.
4. Follow the policies of the Internet's global community.
5. Review and abide by our Abuse Policy and Terms of Service Agreement

Violation of the Acceptable Use Policy may result in immediate account termination and forfeiture of any fees.

This acceptable use policy applies to Customers ("Customers"). Customer is responsible for communicating this Acceptable Use Policy (AUP) to its users. Customers failing to properly communicate enforce or otherwise ignore the specific details and "spirit" of this policy are subject to termination as a Customer as described in the Customer Agreement.

The Argon account plans are designed for normal business activities as defined below. In order for Argon users to continue to have access to unlimited services, certain usage patterns may be monitored to determine compliance with the acceptable use policy. Certain excessive uses may be considered evidence of abuse or disallowed commercial or data usage and may result in termination of the service and/or assessment of a fee. Patterns other than that which are considered usual and normal, based on customer history or industry standards, may cause termination of service.

Customer account usage may be reviewed periodically at the discretion of Argon. Customer use of the service plans that reflect patterns other than those that are considered usual and normal, based on industry standards or past history, may be considered abuse and result in termination of service without refund or the possibility of renewal.

Argon reserves the right in its sole discretion to cancel service for violation of this policy or other terms and conditions of service at any time. By selecting Argon service plans, the customer agrees to use the service in accordance with this Acceptable Use Policy and other terms and conditions of service and to indemnify and hold Argon harmless from any claims resulting from use or misuse of its products and services.

This Acceptable Use Policy may be revised periodically without notice. Customers agree that revisions are applicable to the then current service and usage.

Argon reserves the right to discontinue service to any user for any reason not prohibited by law. Argon will discontinue service of users whose usage is so excessive that it deteriorates the service quality and availability of resources for other users.

Furthermore, Argon may, but is not obligated to, take any action it deems necessary to (1) protect its Network, its rights or the rights of its customers or third-parties, or (2) optimize or improve its Network, services, systems, and equipment.

Account holders acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block certain types of calls sent through the Network. Argon may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us. You also agree to not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Furthermore, you agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. And you agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

Revisions to this Acceptable Use Policy

Argon reserves the right to revise, amend, or modify this AUP at any time and in any manner and will give 30 day notice of any changes accordingly. Notice of any revision, amendment, or modification will be posted..

Argon also reserves the right to change pricing, review your transmissions or terminate or suspend your account without prior notice in the event of a policy violation.

Abuse Policy

Argon is committed to serving its customers and preserving the integrity of the Internet by following widely accepted guidelines of Internet communication. Abusive practices are strictly prohibited on Argon's network. We are available to assist you in any way possible should you need advice about proper use of Internet resources or should you become the target of abuse via the Internet.

Violation of the Abuse Policy may result in immediate account termination and forfeiture of any fees.

Innocent Until Proven Guilty
Experience shows that a significant percentage of abuse reports are either erroneous or are intended to harm the alleged perpetrator. Administrative or disciplinary action will not be initiated without evidence which unambiguously identifies the account responsible for the alleged abuse.

Customer Privacy Is Paramount
Information about customers of Argon will not be released, except to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents and except as otherwise set forth in this policy and in our Acceptable Use Policy. Information concerning accounts involved in alleged offenses will not be released to the complainant nor to the press. See our Privacy Policy.

Guidelines for Abuse ON the Net

In general, we do not review or monitor the contents of our customers' communications. However, when abusive content is brought to our attention, we will cooperate as necessary with law enforcement authorities within the appropriate legal boundaries and dispose of the matter in accordance with Argon's policies and any additional constraints imposed by law. If illegal content is reported as originating from our system, we will delete the file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our system, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system's administrators.

Guidelines for Abuse OF the Net

Argon is a commercial enterprise. Our customers pay us for services rendered. To provide those services, Argon establishes and maintains a significant investment in people, equipment and software. We are obligated to maintain our systems to meet the standards set by our customers, our investors and the global Internet community.

Attacks

Accounts used to carry out attacks (mailbombs, network transport attacks, newsgroup flooding) will be closed immediately upon authorization by a designated member of the staff of Argon. If compelling evidence suggests that the security of the account was compromised and that the attack was not carried out by the holder of the account then at the discretion of Argon, the account may be reinstated with a different username/password.

Spam

A single, substantiated complaint of email broadcasting will result in the suspension of the account determined to be responsible for the email. At the discretion of Argon, a customer's account may be reactivated following the customer contact and the customer's agreement to abide by our Abuse Policy. Upon any subsequent offense, the account will be permanently closed. In the event that a customer does not agree to abide by our Abuse Policy, the account will be permanently closed. Be aware that this also applies to accounts, such as web sites, advertised in spam. For example, if an Argon customer's web site is advertised in spam, even though the customer did not send the spam, the customer has violated this Abuse Policy and will be contacted and/or the account closed as set forth above.

In ANY event of abuse, Argon reserves the right in its sole discretion to immediately terminate the account. Accounts terminated for abuse issues are not eligible for refunds. Moreover, accounts associated with abuse will be responsible for paying Argon's costs and expenses of identifying, terminating and correcting such abuse.

Reporting Abuse

To report any instance of abuse, contact: abuse@argontech.net

If you are receiving unsolicited email, you may redirect the mail, along with all headers to. We will contact the provider of the sender's account. You may also contact that provider by sending email to:

postmaster@providers.name (insert provider domain)

Example: postmaster@argontech.net

Terms of Service Agreement

Read these Terms of Service carefully before using our Internet services ("Services"). By subscribing to or using our Services, you agree to abide by these Terms of Service as well as our Acceptable Use Policy, Abuse Policy and Billing Policy. You may obtain a hard copy of these policies by calling the Argon sales office at (903) 455-5036.

Violation of any of our policies may result in immediate account termination and forfeiture of any fees.
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24/7 Access

24/7 means that access is allowed anytime without any preset limits. No limits exist with regard to time of day or day of week for establishing a connection. 24/7 does not mean the ability to connect for a period of unlimited duration. On the contrary, Argon offers dedicated business access for those customers who require indefinite periods of connection time. Argon reserves the right to terminate a connection for reasons including but not limited to extended periods for which the connection appears to be idle or connections which have been established for abnormally long periods of time.

Currently, all non dedicated modem lines will disconnect following a period of inactivity. Users agree to not use any automatic method to circumvent the inactivity disconnect and to keep the connection active only when the subscriber is actively using it. Only one connection per account is allowed at any given time.

Using a personal account (including any free Web space) for high volume or commercial use is prohibited. Argon reserves the right to manage existing resources which includes setting limits on the size of your mail box and the length of time email may be stored on the mail server here. Mailboxes that come close to exceeding the current size limitation of ten megabytes will receive a notice informing of the current size of their mail box and requesting that mail be removed from the server located at Argon. Once a mailbox exceeds it size limitation incoming messages will be returned to the sender with the notification that the intended delivery could not be made to the mail box because it is full. Messages that have been on the server for thirty days or longer will be deleted by Argon.

Software

The software and other products provided by Argon contain proprietary materials. Duplication or use not in accordance with the user agreement is strictly forbidden. The software provided by Argon may contain third party shareware and its use may be subject to terms and conditions of separate shareware license agreements.

Payment and Billing

See our Billing Policy.

Telephone Costs

Local access dial up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial up number will cause you to incur long distance, toll, or other charges. Argon is not responsible for any long distance, toll or other telecommunications charges you incur.

Pricing

Current prices for our Services are posted throughout our website at or may be obtained by calling (903) 455-5036. Argon reserves the right to change prices and institute new fees at any time.

Use of Account

Upon registration, you receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your account and must comply with these terms of service. You must keep your password confidential so that no one else may access the Services through your account. You must notify us immediately upon discovering any unauthorized use of your account.

Access Numbers

Argon may change its access numbers at any time. Argon may direct you to use certain numbers to access the Services or to restrict use of specific access numbers. Usernames, passwords and email addresses are Argon's property and Argon may alter or replace them at any time.

Email Accounts

Argon is not responsible for lost or damaged email due to transferring attempts from other mailboxes. See also: "No Warrantees; Limitation of Liability," below.

NO WARRANTIES; LIMITATION OF LIABILITY.

ARGON HAS NO CONTROL OVER THE INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET, EXCEPT FOR THOSE SERVICES SPECIFICALLY OFFERED AND PROVIDED BY ARGON. ARGON HAS NO CONTROL OVER AND IS NOT RESPONSIBLE FOR ANY MATERIALS ON THE INTERNET WHICH MAY BE OFFENSIVE TO YOU OR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM THIRD PARTIES ON THE INTERNET. THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY DAMAGE OR LOSS WHATSOEVER ASSOCIATED WITH THE USE OF THE INTERNET OR THE SOFTWARE, SERVICES OR PRODUCTS PROVIDED BY ARGON.

THE SOFTWARE, SERVICES AND OTHER PRODUCTS PROVIDED BY ARGON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARGON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY ARGON OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ARGON IS NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE OR SPECIAL DAMAGES RELATED TO LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS OR GOODWILL.

ARGON'S TOTAL LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUCH USER TO ARGON FOR THE SERVICES DURING A ONE YEAR PERIOD. THIS APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND) OR OTHERWISE, AND WHETHER OR NOT DAMAGES WERE FORESEEABLE.

Web Site Users

Links to third party web sites on Argon's site are provided solely as a convenience to you. If you use these links, you will leave Argon's web site. Argon has not reviewed, does not control and is not responsible for any of these sites or their content. Argon does not endorse or make any representations about these sites, or any information, software or other products, services or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to Argon's web site, you do so entirely at your own risk.

Term and Termination

Use of the Services constitutes acceptance of these Terms of Service, Argon's other policies and any future versions. If you are dissatisfied with the Services or any related terms, conditions, policies or practices, your sole and exclusive remedy is to discontinue using the Services and to terminate your account.

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Argon by: registered or certified mail, return receipt requested addressed to Argon Technologies, Billing Department, 4612 Wesley Street, Greenville, Texas 75402; or a telephone call directed to Billing Department at (903) 455-5036.

Your termination will only be complete upon your receipt of a cancellation confirmation number. Charges to your account will stop accruing the day Argon provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on Argon's servers, anything stored on this space will be deleted upon termination.

Without prior notice, Argon may terminate your use of the Services, your password or your account for any reason, including, without limitation, if Argon in its sole discretion believes you have violated these Terms of Service, our Acceptable Use Policy or any of our policies, or if you fail to pay any charges when due. Argon may provide termination notice to you by email addressed to your email account or by US Mail.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARGON FROM ANY AND ALL CLAIMS AND DAMAGES (INCLUDING ATTORNEYS' FEES AND EXPENSES) RELATED TO (I) YOUR BREACH OF THIS AGREEMENT OR ANY OTHER POLICIES OF ARGON OR (II) YOUR USE OF THE SERVICES OR THE INTERNET.

JURISDICTION

THIS AGREEMENT IS GOVERNED BY TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. THE PARTIES AGREE THAT ANY DISPUTES REGARDING THIS AGREEMENT OR THE SERVICES WILL BE BROUGHT IN THE APPROPRIATE FEDERAL OR STATE COURT IN HUNT COUNTY, TEXAS. YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS SITTING IN TEXAS WITH RESPECT TO SUCH MATTERS OR OTHERWISE BETWEEN YOU AND ARGON, AND WAIVE YOUR RIGHTS TO REMOVAL OR CONSENT TO REMOVAL.

Miscellaneous

This Terms of Service Agreement, the Acceptable Use Policy , the Abuse Policy, the Billing Policy and Argon's other user policies posted on Argon's Web site constitute the entire agreement between you and Argon with respect to your use of the Services. These Terms of Service and any of Argon's other user policies may be revised, amended, or modified at any time and in any manner.
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Privacy Policy

Argon is committed to respecting the privacy of our customers. The personal information a customer provides to us is used by us to provide access service, bill the customer's account and update our customers on happenings at Argon. We do not sell our customer lists or any customer personal information to others for marketing purposes. Additionally, we do not regularly monitor our customers' email, newsgroup posts, web sites or track their movements on the Internet. Other than bugging you periodically with a newsletter from our CEO or with important announcements, we will do everything possible to protect your privacy and not subject you to multi level marketing schemes. Information about customers of Argon will be released only to the customer, to the appropriate employees of Argon or to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents.
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Billing Policy

Subscribers must provide Argon with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report to Argon all changes to this information within fifteen (15) days of the change. All accounts are automatically re-billed, depending on your billing frequency, without notification.

Billing Frequency

Your billing frequency is equal to the length of your billing cycle and is determined by the type of payment schedule you selected, e.g., monthly, quarterly, semi annually, annually, bi annually. The cycle begins upon the day that you sign up for service. If you prepay for three (3), six (6), twelve (12) or twenty-four (24) months of service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts. Activation fees are not refundable. If you do not have a prepaid account, you will be sent an invoice on the 15th of every month with the full amount due on by 1st of the next month.

Technical Support

Methods of Support. Argon, at its sole discretion, will provide support through email, phone, in-house, or on-site, as the situation warrants.

Scope of Support. Argon will provide Subscribers with maintenance and technical support services only to the extent such services are directly related to Argon services. Without limiting the generality of the foregoing, maintenance and support services shall not include services for problems arising out of (a) tampering, modification, alteration or addition, which is undertaken by persons other than Argon or its authorized representatives, (b) programs or hardware supplied by the Subscriber, or (c) the Subscribers' misuse or incorrect use of the Argon services.

Incidents not covered by Scope of Support include, but are not limited to:

• Viruses
• Spyware
• Adware
• Failure of hardware not provided by Argon
• Software or hardware conflicts
• Software or operating system failure
• Acts of God (lightning, floods, tornadoes, earthquakes, etc) that do not affect Argon equipment

Support Hours. Argon will use reasonable endeavours to provide technical support during normal business hours. Normal Business hours are defined as being 9:00 AM to 5:30 PM Monday through Friday (excluding Public Holidays) Support may be provide by phone or by e-mail. Extended hours are available for emergency problems from 5:30 PM to 9:00 PM Monday through Friday and 9:00 AM to 9:00 PM Saturday and Sunday by calling (903) 455-5036 and leaving a detailed voicemail with contact infomation and following the instructions on the voice mail system.

Support Priority. Argon will provide non-business customers support on a first-come-first-serve basis. All business support calls will be rated on severity.

Supports Fees. Technical support is free of charge to current Argon clients whose accounts are in good standing unless , at Argon's sole discretion, one or more of the following conditions are met:

1. Incident is not within specified Scope of Support as described above.
2. Amount of calls or emails is deemed excessive of to the extent where phone or email technical will not suffice.
3. Subscriber has tampered with Argon services including, but not limited to, equipment, software, or computer settings.

For any incident that meets one or more of the above conditions, the Subscriber will be charged a service fee. For questions regarding current pricing please call us at (903) 455-5036.

Closing a Support Incident. Closing a support incident can be initiated by the Subscriber notifying Argon that the initial support incident has been resolved satisfactorily or by Argon, if, at its sole discretion, it determines that the problem cannot be solved through either email or phone.

Returns/Declines:

Customers shall receive notification of returned items (e.g., declines, NSF checks) via email. Customers with multiple instances of checks returned, credit cards declined, etc., shall be required to pre pay their memberships for a period of at least 6 months. A $25 NSF fee will be assessed for each returned check and ACH or credit card declines.

Charges and Refunds:

Subscribers are responsible for any charges to their account. Payment is due by the 1st of the month after which you received your invoice. An account will be considered deliquent if not paid by the 5th of the month after which you received your invoice. Delinquent accounts may be suspended or canceled at Argon's sole discretion. Argon will bill an additional $10 charge to reinstate a suspended account. For example: If you receive your bill on the 18th of March, your full payment will be due by the 1st. If you haven't paid it by the 5th, your account will be deactivated and you will be required to pay a $10 reactivation fee to reinstate your account.

Refunds are disbursed in the manner determined by Argon at its discretion (ie. check, credit to credit card or service credit). Any incorrectly issued refunds will be recovered by Argon in the same manner as the refund was issued. For example, suppose Argon charges your credit card for an amount, but that charge is subsequently voided because you dispute the charge with your credit card company. If Argon also issues you a refund for that charge (in the form of a credit to your credit card account), Argon is entitled to recover that refund by charging your credit card account for the amount of the refund. As stated above under "Billing Frequency," if you prepay for three, six, twelve or twenty-four months of service, you will be provided service until the end of your prepaid term (subject to compliance with our abuse and other policies). As such, we will not refund prepaid accounts. Activation fees are not refundable.

Note: Any type of account cancelled for a violation of our Acceptable Use Policy or Abuse Policy is not eligible for any type of refund.

After installation of Phantom Wave Broadband service the customer is responsible for all associated charges for the full duration of the Phantom Wave Broadband service contract regardless of whether the customer cancelled service or is not receiving service.

Setup fees will not be refunded for any account successfully installed, regardless of the time of cancellation. Any refunds due will not be issued until customer has returned any and all CPE (Customer Premises Equipment) in accordance with the process provided by Argon.
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If you have questions concerning your account, you may call our billing department at (903) 455-5036 or send an email to: billing@argontech.net

Thank you for your continuing support of Argon. We appreciate your business.

Trademark and Copyright Notice

© 2005 Argon Technologies