Terms of Service Agreement
Effective Date: 02 September 2025
Welcome to ARKMETRIX LLC, operated by ARKMETRIX LLC, located at 215 East Bay St, Ste 201k #3224, Charleston, SC 29401. By using the website at www.arkmetrix.com, our related mobile website, or our mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (the “Agreement”), whether or not you register as a member (“Member”).
If you do not agree to this Agreement or the ARKMETRIX LLC Privacy Policy, please do not use the Service.
This Agreement may be updated by ARKMETRIX LLC at any time, effective upon posting. Your continued use of the Websites and Services constitutes acceptance of any revised terms.
1. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and Services. By accessing the Websites or becoming a Member, you accept this Agreement.
2. Access and Retention
To access and retain this Agreement, you must have internet access and the necessary equipment. Please print or save a copy for your records.
3. Commercial Use of Service
If you use the Websites on behalf of a company or organization (“Subscribing Entity”), you represent that you have authority to bind that entity to this Agreement. Unauthorized or illegal use of the Websites (e.g., scraping, impersonation, distributing malware, etc.) may result in termination and legal action.
4. Account Security
You are responsible for maintaining the confidentiality of your login credentials. Notify ARKMETRIX LLC immediately of any unauthorized access. ARKMETRIX LLC is not liable for losses due to your failure to secure your account.
5. Your Use of the Websites
You agree not to:
Browse, upload, or download illegal content.
Copy, scrape, or redistribute content without authorization.
Use automated bots, scripts, or scraping tools.
Upload offensive, defamatory, infringing, or malicious content.
Impersonate others, harass users or staff, or attempt unauthorized access.
Violations may result in suspension, termination, or legal action.
6. Representations and Warranties
You represent that:
You own or have licenses for all content you upload.
Your content does not infringe third-party rights.
You have obtained necessary permissions from individuals appearing in your content.
Your content is not unlawful or offensive.
7. Term & Termination
This Agreement remains effective while you use the Websites. You may terminate your membership by contacting us at arkmetrix@arkmetrix.com. ARKMETRIX may terminate your membership at its sole discretion, without refund, for violations of this Agreement.
8. Modifications to Service
ARKMETRIX reserves the right to modify, suspend, or discontinue the Service at any time without notice.
9. Blocking of IP Addresses
ARKMETRIX may block access from certain IP addresses to protect the integrity of the Service.
10. Content
a. Proprietary Rights
All content on the Websites is owned by ARKMETRIX LLC or its licensors and is protected by intellectual property laws. Unauthorized use is prohibited.
b. Your Content
By uploading content, you grant ARKMETRIX LLC a worldwide, royalty-free, non-exclusive license to use, distribute, and display your content as necessary for the Service.
11. Copyright Policy
If you believe your rights are infringed, send a DMCA notice to:
DMCA Agent
ARKMETRIX
215 East Bay St, Ste 201k #3224
Charleston, SC 29401
Email: arkmetrix@arkmetrix.com
Your notice must include details outlined in 17 U.S.C. § 512(c)(3). False claims may result in legal liability.
12. Liability for Content
ARKMETRIX LLC acts only as a passive host and is not responsible for user-generated content. You are solely liable for your uploads.
13. Repeat Infringers
Accounts of users who repeatedly violate copyright or these Terms may be suspended or terminated without refund.
14. Limitation of Liability
The Websites and Services are provided “as is” without warranties of any kind. To the fullest extent permitted by law, ARKMETRIX LLC shall not be liable for damages of any kind arising from your use of the Service.
15. Indemnity
You agree to indemnify and hold ARKMETRIX LLC harmless from any claims, losses, or damages arising out of your use of the Service or violation of this Agreement.
16. Attorneys’ Fees
If ARKMETRIX LLC prevails in any dispute, you agree to pay its legal fees and costs.
17. Parental Permission
Children under 17 may only use the Websites with supervision from a parent or guardian.
18. Privacy
Use of the Websites is also governed by our Privacy Policy at: www.arkmetrix.com/privacy-policy.
19. Jurisdiction & Choice of Law
This Agreement shall be governed by the laws of the State of South Carolina. You consent to the exclusive jurisdiction of the state and federal courts of Charleston County, South Carolina.
20. Arbitration & No Class Actions
Disputes must be resolved individually by binding arbitration under the rules of the American Arbitration Association. Class actions are prohibited.
21. No Third-Party Beneficiaries
This Agreement does not confer rights on any third party.
22. International Use
If you access the Websites outside the U.S., you are responsible for compliance with local laws.
23. Entire Agreement
This Agreement constitutes the entire agreement between you and ARKMETRIX LLC.
24. Severability & Waiver
If any provision is found invalid, the remaining provisions remain in effect. No waiver shall be deemed continuing or enforceable in future instances.
25. Headings
Section titles are for convenience only and have no legal effect.
Contact Us
If you have any questions about this Agreement, please contact us at: arkmetrix@arkmetrix.com.