Terms and Conditions
All clients must agree to and abide by the following terms of service (TOS) and are responsible for any services they sell to others as well.
and Service Guidelines
AtlasMedia (referred hereinafter as 'AtlasMedia', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below. We reserve the right to change this policy at any time without prior notification.
Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to AtlasMedia, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
2. .::.Resource Usage, Adult-Oriented Sites.::.
Users may not initiate the following on our servers:
3. .::.Severe Account Violations.::.
We take a zero tolerance stance against any of the following activities:
Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.
Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice.
Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.
Behaviour against Staff: We believe in professional communication,
no matter what the issue is. We will not tolerate any abusive behaviour,
abusive language or threats against any AtlasMedia staff member(s). By
violating this policy, we reserve the right to permanently suspend or
terminate your account(s) without prior notice and without any refund.
AtlasMedia reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. AtlasMedia also reserves the right to make any such modifications in an emergency at our sole discretion.
You agree to indemnify, defend, and hold harmless AtlasMedia from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, AtlasMedia, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
5. .::.Refusal or discontinuation of service.::.
AtlasMedia reserves the right to refuse or discontinue service to anyone at AtlasMedia' sole discretion. AtlasMedia may deny you access to all or part of the service without notice if you engage in any conduct or activities that AtlasMedia in its sole discretion believes violates any of the terms and conditions in this agreement. AtlasMedia shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that AtlasMedia has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. AtlasMedia reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. AtlasMedia also reserves the right to refuse refunds in cases where AtlasMedia believes abuse has taken place.
6. .::.No warranties.::.
AtlasMedia makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by AtlasMedia or its agents or employees shall create a warranty. AtlasMedia provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall AtlasMedia be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with AtlasMedia service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on AtlasMedia' servers that such information becomes available to all Internet users and that AtlasMedia has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of AtlasMedia' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through AtlasMedia or on the Internet generally.
Your use of the service is at your sole risk. AtlasMedia is not responsible for files and 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 AtlasMedia servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by AtlasMedia, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future AtlasMedia policy decisions.
AtlasMedia reserves the right to monitor any and all communications through or with our facilities. You agree that AtlasMedia is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
7. .::.Account-Holder Identification Information.::.
You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply AtlasMedia with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
8. .::.Sharing of account space.::.
You agree and understand that the account you purchase is purchased for yourself. You are the individual solely responsible for all use of the account.
9. .::.Payment & Other Information.::.
You agree to supply appropriate payment for the services received from AtlasMedia, in advance of the time period during which such services are provided. You agree that until and unless you notify AtlasMedia, through the online support desk of your desire to cancel any or all services received, those services will be billed on a recurring basis.
10. .::.Agreement Acknowledgement.::.
This agreement supersedes any written, electronic, or oral communication you may have had with AtlasMedia or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on AtlasMedia' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
11. .::.Money Back Guarantee.::.
Each plan includes a full 30-days money back guarantee.
If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.
Accounts cancelled/terminated by AtlasMedia for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. Only first-time accounts are elegible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service departement.
Overages are billed at the end of each month. All accounts have ten (10) days of the current period to process a hosting account upgrade for the overage of the previous month. You can upgrade hosting accounts to a higher level to avoid overage charges.
13. .::.Uptime Guarantee.::.
We guarantee that the server and connectivity will be available at least 99% per calendar month, excluding scheduled maintenance outages and upstream provider issues. If the monthly outages exceed the maximum allowed 1%, AtlasMedia will credit 5% (five percent) of the client's monthly fee per additional 30 minutes of outages, up to 100% (one hundred percent) of the monthly fee. If you have one plan across multiple servers, the average uptime across shall determine the uptime percentage. In order to qualify for a credit, it must be requested at the end of the calendar month, within 30 days, and your account must be in positive standing.
14. .::.Cancellation Policy.::.
All cancellation requests must be submitted to our online helpdesk by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are cancelling within our 30-days money guarantee period.
Web Site Copyright © 2003 AtlasMedia. All services subject to our terms and conditions.