| Web Hosting Terms and Conditions |
|
In order to maintain our system integrity and resources, we expect our Clients to act responsibly. When you use any Fat Atom Internet Marketing® (Fat Atom) server services, in any form, you automatically agree to the following Conditions. We reserves the right to suspend or cancel a Client's access to any or all services we provide when we decide that the account has been inappropriately used. In short: No adult content (Pornography) No online gambling No Spam, no unsolicited emailing No Warez, cracks, copyright infringement Specific Acceptable Use Policies Server abuse Any attempt to undermine or cause harm to a server or Client of ours is strictly prohibited. Unauthorized use of other people's accounts or computers Fat Atom will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation and civil or criminal legal action, depending on the seriousness of the attack. Abuse of Unlimited Traffic and/or Unlimited Storage Our Clients are privileged to be offered unlimited traffic and/or unlimited storage for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. Most (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either no html documents or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. Any Client who violates our Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted 2 day period, the client will be billed for the overages at the current rates (see below). To maintain the integrity of our services the following limitations apply: Sites with Banners, graphics or cgi scripts running from their domain used on other domains Sites with picture galleries (This is any site where 50% of the files transferred are graphics.) Sites offering download files or archives (This is any site where more than 50% of the monthly traffic is from file downloads.) Sites using more than 30% of system resources; included, but not limited to, CPU and memory usage For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $50.00/1GB/month will be billed to your account. Fat Atom will be the sole arbiter as to what constitutes a violation of this provision. Commercial advertisements with email Unsolicited commercial advertisements are not allowed in email and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Chat Rooms Fat Atom does not allow clients to install their own chat rooms without approving it with our Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small charge that will more than fill your needs and run without hindering the performance of the machine for others. Background Running Programs Fat Atom may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC Fat Atom does not allow IRC or IRC bots to be operated on our servers. Payment Policies All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. Fat Atom reserves the right to change our prices at any time. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension or cancellation. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies us in writing for a request for termination of services. Cancellation Fat Atom reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the Client (i.e. transfer, space etc.) All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount including setup fees but excluding overages. Domain Registration fees are not refundable at all. If the web hosting plan includes a free domain name registration, when cancelled an amount equal to the regular domain name registration fee will be charged, usually around $15.00 per domain. For web hosting contracts of 3 months or less, the full contract amount less any domain registration fees and overages will be refunded if we are notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than three months, a refund equal to one half of the contract amount less any domain registration fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on a twelve month contract we must receive the notice of cancellation prior to the first day of the sixth month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name and reason for cancellation. We also accept account cancellations submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, payment will be made by company check within 15 days of receipt of cancellation. Lawful Purpose Fat Atom reserves the right to refuse service to anyone. Clients may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management. Indemnification Client agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, it's agents, employees or assigns. Client agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Clients from our servers. Disclaimer Fat Atom will not be responsible for any damages your business may suffer due to server outages. We make no warranties of any kind, expressed or implied for the services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, cancellations or termination of services and any and all service interruptions caused by our web hosting service and our employees. Fat Atom reserves the right to revise the terms and conditions and or it’s policies at any time. Failure to follow any term or condition will be grounds for immediate account deactivation. |