Terms
and Conditions
Acceptable Use Policy
Rules and Regulations
At Atlantis
International, LLC, we value our Customers
and wish to provide them with a positive experience. To offer
you the best service possible, all Customers need to follow
the same rules and guidelines. These policies are intended
to make Atlantis International's Service available to all
our Customers as consistently and efficiently as possible.
User-Supplied
Content
All services may be used for lawful purposes only. Through
Atlantis International's Service, you may have access to Chat
Areas, Bulletin Boards, Web Pages, E-mail, or other Services
that enable you to send or post materials ("content") and
make that content available to others. You must not submit,
publish, or display on the Network any defamatory, inaccurate,
abusive, obscene, infringing, or threatening content. In addition,
you may not submit, publish, or display any content that violates
any US Federal, State, or Local Law. You are solely responsible
for the content you make accessible through the Atlantis International
Network. You may not use the Service to assist any other person
or entity to violate any Federal, State, or Local Laws, Ordinances
or Regulations.
Atlantis International is
not obligated to monitor the Network to examine available
content. You hereby acknowledge that if we are made aware
of content that is determined to be, in its sole discretion,
unacceptable, undesirable, offensive, indecent, obscene, excessively
violent or otherwise objectionable, Atlantis International has the right, but
not the obligation, to edit, remove or deny access to such
content. Atlantis International may disclose any content or records concerning
Customer's account as required to satisfy any Law, Regulation,
Governmental Request or Court Order.
Pornography
and sex-related merchandising are prohibited on all Atlantis
International Servers. This includes Sites that may infer
sexual content, display nudity, or link to adult content elsewhere.
This is also true for Sites that promote any illegal activity
or content that may be damaging to Atlantis International's
Servers or any other Server on the Internet. Links to such
materials are also prohibited. In addition, any Site Selling
or promoting Bulk E-mail Service is not allowed. Below are
some examples of non-acceptable content or links:
- Adult
Sites - Any erotic or pornographic material, links to
adult sites, or advertisements for adult sites.
- Pirated
Software
(Warez) - Any software that is copyrighted and not freely
available for distribution without cost; i.e. ROMs, ROM
Emulators and MPEG Layer 3 files (MP3).
- Copyright
Violations
- Violation of copyrights held by individuals and corporations
or other entities can result in civil and criminal liability
for the infringer.
- Hacking/Phreaking
- Includes sites with material, links, or resources for
hacking, phreaking, viruses, anarchy, or any type of site
that promotes or participates in willful harm to Internet
Sites or Providers.
Network
Security
Customers may not use the Atlantis International Network with an attempt to circumvent
user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended
for the Customer, logging into a Server or Account the Customer
is not expressly authorized to access, password cracking, probing
the security of other networks in search of weakness, or violation
of any other organization's Security Policy. Customers may not
attempt to interfere or deny service to any User, Host or Network.
This includes, but is not limited to, flooding, mail bombing,
or other deliberate attempts to overload or crash a Host or
Network. Atlantis International will cooperate fully with investigations of violations
of Systems or Network Security at other sites, including cooperating
with Law Enforcement Authorities in the investigation of suspected
criminal violations. Users who violate System or Network Security
may incur Criminal or Civil Liability..
CGI
Scripts
Each Atlantis International Account comes fully equipped with its own pre-configured
CGI-Bin. Customers are free to use any CGI-Scripts provided
with their account or add any additional ones they require.
Any CGI-Scripts deemed to be adversely affecting the Server
performance or the Network integrity may be shut down without
prior notice. CGI-Script sharing with Domains not hosted by
Atlantis International is not allowed.
Chat
Rooms
Atlantis International prohibits its Customers from installing outside chat rooms
on their Domain, as these tend to be a resource problem. Atlantis International
does provide its Customers a choice of Java Chat rooms to
choose from for a nominal monthly charge. These chat rooms
were designed to meet the growing needs of Customers and function
without hindering the performance of the Servers for others.
Server
Resources
Any Web Site that uses a high amount of Server resources (such
as, but not limited to CPU Time, Memory Usage, and Network
Resources) will be given an option of either upgrading their
service level or reducing the resource used to an acceptable
level.
Background
Running Programs
Background Daemons in general are prohibited. Atlantis International will consider
requests on a Per Application Basis. If allowed, extra
charges will be assessed based on resource requirements for
system maintenance.
IRC
Atlantis International currently prohibits its Customers from operating IRC or
IRC Bots on any of the Servers in the Atlantis International Network.
Commercial
Advertising/ Mass Mailings
You must not use the Atlantis International Network, Atlantis
International Equipment or any Atlantis International E-mail
Address in connection with the transmission of spam, flames,
mail bombs, or substantially similar, unsolicited E-mail messages.
Your Domain may not be referenced as originator, intermediary,
or reply-to address in any of the above. This prohibition
extends to the sending of unsolicited mass mailings from another
service that in any way implicates the use of the Atlantis
International Network, Atlantis International Equipment or
any Atlantis International E-mail Address. A message is considered
unsolicited if it is posted in violation of a newsgroup charter
or if it is sent to a recipient who has not requested or invited
the message. For purposes of this provision, merely making
one's E-mail address accessible to the public will not constitute
a request or invitation to receive messages.
If you
are found to have spammed, without warning, Atlantis International reserves the
right to disable your Domain. In addition, Atlantis International may impose
a $100 penalty for each spam policy violation. Atlantis International solely
reserves the right to refuse or cancel service to known spammers.
Lastly, Atlantis International reserves the right to determine what violates
this policy. As such, any violation may result in cancellation
of services without refund.
Distribution
and/or Transmission of Obscene, Indecent Speech or Materials
Violation of Indecency and Obscenity Laws can result in Criminal
Penalties.
Intellectual
Property Rights
Material accessible to you through Atlantis International's Services may be subject
to protection under the United States or other Copyright Laws,
or laws protecting Trademarks, Trade Secrets or Proprietary
information. Except when expressly permitted by the owner
of such rights, you must not use the Atlantis International Service in a manner
that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material, which you access
or receive through the Atlantis International Network. If you use a domain name
in connection with the Atlantis International Service or similar service, you
must not use that Domain Name in violation of any Trademark,
Service Mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result
in Civil Lliability for the defamer.
Refusal
of Service
Atlantis International reserves the right at its sole discretion
to refuse or cancel service. Violation of any of Atlantis
International's Rules and Regulations could result in a Warning,
Suspension, or possible Account Termination. Accounts terminated
due to policy violations will not be refunded.
Service
Cancellation
To authenticate a cancellation request, you must fill out
the On-line Cancellation Form. If this is not possible, you
may fax the notice to 714-751-0266 or mail the cancellation
notice to Atlantis International, LLC, 555 Anton Blvd Ste 100,
Costa Mesa, CA 92626-7071. You must include
your Account E-mail Address, Account Name, Account Password
and the Domain on which you want to cancel the hosting.
We cannot
accept cancellation requests over the phone for security reasons.
30
Day Money Back Guarantee
Atlantis International provides a 30 day "no nonsense" money
back guarantee for all direct shared hosting accounts. If
for any reason, you request cancellation before your 2nd bill
date, we will refund you the 1st month's cost plus set-up.
Please note that the setup fee for dedicated servers and fees
for resold domains are non-refundable.
Indemnification
Customer agrees that it will protect, indemnify, save and
hold Atlantis International harmless from any and all stipulations,
liabilities, losses, expenses and claims, as well as reasonable
attorney's fees assessed against Atlantis International, its
agents, customers, officers, employees and administration
that may arise or result from any service provided or performed
or agreed to be performed or any product sold by it's customers,
agents, employees or assigns. Customer agrees to defend, indemnify
and hold Atlantis International harmless against liabilities
arising out of; (1) any injury to person or property caused
by any products sold or distributed in association with Atlantis
International's Services; (2) any material furnished by customer
infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright violation and any defective
products sold to a Customer from Atlantis International's
Services.
Disclaimer
Atlantis International will not be responsible for any damages
your business may suffer. Atlantis International makes no
warranties of any kind, expressed or implied for services
we provide. Atlantis International disclaims any warranty
or merchantability or fitness for a particular purpose. This
includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused
by Atlantis International and its employees. Atlantis International
reserves the right to amend or update these policies without
notice. Failure to follow any terms and conditions may result
in account deactivation.
Atlantis International furthermore
expects that its Customers who provide Internet services to
others will fully comply with all applicable laws concerning
the Privacy of On-line Communications. A Customer's failure
to comply with those laws will violate this policy. Finally,
Atlantis International wishes to emphasize that in accepting services, Customers
indemnify Atlantis International for the violation of any law or Atlantis International policy,
that results in loss to Atlantis International or the bringing of any claim against
Atlantis International. This means that if Atlantis International is sued because of activities
of the Customer that violate any law, or this policy, the
Customer will pay any damages awarded against Atlantis International, plus costs
and reasonable attorneys' fees.
Network
Availability
Atlantis International guarantees that the network will be
available 99% of the time in a given month, excluding scheduled
maintenance. Atlantis International will refund the customer
5% of the monthly fee per additional 1 hour of downtime (up
to 100% of customer's monthly fee). Network uptime includes
functioning of all network infrastructure including routers,
switches and cabling. Network downtime exists when a particular
customer is unable to transmit and receive data and Atlantis
International records such failure. Atlantis International
cannot be responsible for its upline providers or any adverse
conditions that may occur outside of the Atlantis International
network. Network downtime is measured from the time the trouble
ticket is opened by a customer to the time the server is once
again able to transmit and receive data.
Hardware
Availability
Atlantis International Networks guarantees the functioning of all leased hardware
components and will replace any failed component at no cost
to the customer. Hardware replacement will begin immediately
upon identification of the hardware failure and is guaranteed
to be complete within 2 hours of problem identification. In
the event that it takes us more than 2 hours to replace faulty
hardware, Atlantis International will refund the customer 5% of the monthly fee
per additional hour of down time (up to 100% of customer's
monthly fee). Please note, the setup fee on dedicated servers
is non refundable. Hardware is defined as the Processor(s),
RAM, hard disk(s), motherboard, NIC card and other related
hardware included under the server lease.
Privacy
Policy
Atlantis International insures that all personal information being voluntarily
submitted to us in the processing of your order (to be used
for record and billing purposes, etc.), inclusive, but not
limited to, credit card and other personal information, will
be kept strictly confidential and used "solely" by Atlantis International, its
authorized representatives and employees; for the strict purpose
for which it was intended, and for the benefit of the Subscriber.
We agree not to share, rent, sell or release this information
to any individual, entity or third party, for any reason,
without the specific written consent of the Subscriber; with
exception as required by Law, Regulation or Governmental Authority.
Atlantis International is
committed to protecting and securing all Subscriber provided
information, through the use of firewalls and additional security
measures in place at its physical facilities to protect against
the loss, misuse or alteration of such information.
Last Revision April 15, 2002
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