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Legal Agreement / Terms of Service

Customer, Client, You, User - person or entity ordering web hosting service(s).

ATLAS-HOST , We - ATLAS-HOST

I. Financial Arrangements:

1. First month payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
2. If customer signs up for service for a new domain name which is to be registered by ATLAS-HOST, customer agrees to be held responsible for the non-refundable fee of the registration period. See section XV for more information.
3. This agreement will automatically renew for successive monthly periods for the life of the contract until cancelled in writing. Cancellations MUST be sent by e-mail to cancel@atlas-host.com. Customers paying by credit card expressly agree to have their credit card billed monthly, every two months or quarterly for the recurring charges and/or fines for the life of the contract including any automatic renewal periods.
4. Initial payment is due with the contract. Monthly payments are accrued on the day that the account was ordered.
5. Client should under no condition have an outstanding balance. ATLAS-HOST reserves the right to suspend accounts with an outstanding balance of $9.00 or more. A re-instating fee may apply to all suspended accounts. Please see fees below.
6. Client agrees to pay all fees and fines in addition to the base monthly hosting fee.
7. Billing will be done through e-mail only.

Fees / Fines:

1. Bank Fee - ATLAS-HOST reserves the right to charge a fee of up to $20.00 per credit card decline. Client is obligated to pay this fee when required.
2. Suspended Accounts - accounts suspended due to outstanding balances may be fined up to $20.00 in addition to other fines / fees accrued.
3. Spamming - If we get spam complaints against your account, we reserve the right to charge $25 per complaint.
4. Collection Fee - balances not paid in full within 30 days of account suspension / cancellation will compile a 30% collection fee. In addition, user will be responsible for all actual costs of collection, including reasonable attorney’s fees.
5. Special DNS Modifications - MX changes, CNAME change requests are subject to fees of up to $25.00 for each modification.
6. Tape Backup - restoring from tape backup may result in a charge of $100.00.
7. Copyright Violations - customer is responsible for attorneys fees in regards to violations of Copyrighted material when ATLAS-HOST is required take action.

II. Taxes:

1. ATLAS-HOST shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using ATLAS-HOST's server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

III. Material and Products:

1. The Customer will provide ATLAS-HOST with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of ATLAS-HOST. ATLAS-HOST shall make no effort to validate this information for content, correctness or usability.
1. Use of ATLAS-HOST's 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 the Customer's Webspace by the Customer. The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use of mail by Customers to receive mail, etc.
2. The Customer agrees that he or she has the necessary knowledge to create the Customer's Webspace. The Customer agrees that it is not the responsibility of ATLAS-HOST to provide this knowledge or Customer Support outside of the defined service of ATLAS-HOST.
3. ATLAS-HOST will exercise no control whatsoever over the content of the information passing through the network. ATLAS-HOST makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ATLAS-HOST also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of ATLAS-HOST is at the Customer's own risk, and ATLAS-HOST specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. ATLAS-HOST expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. ATLAS-HOST specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", ATLAS-HOST may, at its option and at any time, reject this material, including but not limited to after it has been put on ATLAS-HOST's Server. ATLAS-HOST agrees to notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of ATLAS-HOST. If the Customer fails to modify the material, as directed by ATLAS-HOST, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
4. We do not allow Adult Material. Any such material which is found to violate federal, state or local law will be removed from ATLAS-HOST servers without notice. In addition, violators will be fined and their accounts cancelled without advanced notice.
5. We do not allow Spamming or Spamming related content, violators will be fined and their accounts may be cancelled.

IV. Trademarks & Copyrights:

1. The Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software & IP addresses:

1. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ATLAS-HOST. ATLAS-HOST makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ATLAS-HOST service.
2. All IP addresses are propriety of ATLAS-HOST. Domains are propriety of their respective owners.
3. Account features such as unlimited bandwidth, unlimited POP emails, etc. is limited to the server capacity.

VI. Age:

The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

1. The Customer may not use ATLAS-HOST servers for the purpose of MASS Electronic Junkmail. The Customer may not use ATLAS-HOST servers for excessive computation time inappropriate for Internet Web servers. The Customer may not install in her/his account any program which presents a security problem on that server. ATLAS-HOST reserves the right to immediately cancel any service account which is causing a disruption of services for other customers. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of ATLAS-HOST may not be used to impersonate another person or misrepresent authorization to act on behalf of others or ATLAS-HOST. All messages transmitted via ATLAS-HOST should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
2. Customer’s use of ATLAS-HOST servers must comply with all current federal, state and local laws and regulations relating to Electronic Mail and identification of senders. Violation of these laws and regulations will result in cancellation of accounts without notice or any refund.

VIII. Termination:

1. ATLAS-HOST may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. ATLAS-HOST reserves the right to charge a reinstatement fee. ATLAS-HOST reserves the right to refuse or terminate service to anyone for any reason including but not limited to overuse of bandwidth, cpu or memory.

IX. Limited Liability:

1. The Customer expressly agrees that use of ATLAS-HOST's Server is at the Customer's sole risk. Neither ATLAS-HOST, nor its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ATLAS-HOST's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ATLAS-HOST Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall ATLAS-HOST, its officers, agents or anyone else involved in creating, producing or distributing ATLAS-HOST's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ATLAS-HOST Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ATLAS-HOST's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on ATLAS-HOST's Server service.
3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.
4. Our liability on any account is limited to the amount of money that the customer has paid us. If we incur legal expenses due to a customer, we reserve the right to recover these expenses from the customer. For example, if you have violated a copyright and we are sued (although we shouldn't be as an ISP), we will require you to pay our legal fees.

X. Lawful Purpose:

1. The Customer may only use ATLAS-HOST's Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, material protected by trade secrets, as well as laws relating to junk electronic mail and identification of parties sending electronic mail. This also includes links or any connection to such offending materials.
2. Violations of any provisions in this section will result in cancellation of Customer’s accounts without notice and without any refund.

XI. Indemnification:

1. The Customer agrees that it shall defend, indemnify, save and hold ATLAS-HOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ATLAS-HOST, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless ATLAS-HOST against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with ATLAS-HOST's Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the ATLAS-HOST Server.

XII. Contract Revisions:

1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer upon continued use of ATLAS-HOST services by Customer.

XIII. Transfer:

1. The Customer may not transfer this agreement without the written consent of ATLAS-HOST.

XIV. Complete Agreement

1. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.

XV. Domain Names:

1. Fees: