Terms and Conditions

Web hosting Terms of Service

Terms of Service/Privacy Policy/Refund Policy The use of services from Atmwebhost.com, LLC [hereafter referred to as “ATM Webhost “] constitutes agreement to these terms. We are committed to protecting your privacy we collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. The purpose of this Privacy Policy to enable you to understand which personal identifying information (“PII”, “Personal Information”) of yours is collected, how and when we might use your information, who has access to this information, and how you can correct any inaccuracies in the information. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website. Information Collected We may collect any or all of the information that via both automated means such as communications profiles and cookies. Personal Information you give us depends on the type of service, support, or sale inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will be transferred only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. All sensitive information is collected on a secure server and data is transferred. When transferring personal information a security icon will appear in your browser. Information Use This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers’ needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorized access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. Personal information will be kept confidential and will not be shared by third parties unless required by law. 1.) Account Setup / Email on file we will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with ATM Webhost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. ATM Webhost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions there is a no refund and no return policy, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Transfers our transfer’s team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. 2.) Content all services provided by ATM Webhost may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless ATM Webhost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email sales@Atmwebhost.com with the information required. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one panel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include: • Top sites • IRC Scripts/Bots • Proxy Scripts/Anonymizers • Pirated Software/Warez • Image Hosting Scripts (similar to Photobucket or Tintype) • Auto Surf/PTC/PTS/PPC sites • IP Scanners • Brute force Programs/Scripts/Applications • Mail Bombers/Spam Scripts • Banner-Ad services (commercial banner ad rotation) • File Dump/Mirror Scripts (similar to rapid share) • Commercial Audio Streaming (more than one or two streams) • Escrow/Bank Debentures • High-Yield Interest Programs (HYIP) or Related Sites • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) • Sale of any controlled substance without prior proof of appropriate permit(s) • Prime Banks Programs • Lottery/Gambling Sites • MUDs/RPGs/PBBGs • Hacker focused sites/archives/programs • Sites promoting illegal activities • Forums and/or websites that distribute or link to warez/pirated/illegal content • Bank Debentures/Bank Debenture Trading Programs • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) • Mailer Pro • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) Examples of unacceptable material on all Dedicated servers include: • IRCD (irk servers) • IRC Scripts/Bots • Pirated Software/Warez • IP Scanners • Brute force Programs/Scripts/Applications • Mail Bombers/spam Scripts • Escrow • High-Yield Interest Programs (HYIP) or Related Sites • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) • Sale of any controlled substance without prior proof of appropriate permit(s) • Prime Banks Programs • Lottery/Gambling Sites • Hacker focused sites/archives/programs • Sites promoting illegal activities • Forums and/or websites that distribute or link to warez/pirated/illegal content • Bank Debentures/Bank Debenture Trading Programs • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) • Mailer Pro • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) ATM Webhost services, including all related equipment, networks and network devices are provided only for authorized customer use. ATM Webhost systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ATM Webhost system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. ATM Webhost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. Sites hosted on Atmwebhost.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Atmwebhost.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question. The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Atmwebhost.com and many of Atmwebhost.com’s other webhosting services and brands are republishes and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Atmwebhost.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Atmwebhost.com’s webhosting service(s). If in doubt regarding the acceptability of your site or service, please about us at abuse@Atmwebhost.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. 3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. ATM Webhost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. ATM Webhost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of ATM Webhost. 4.) Payment Information you agree to supply appropriate payment for the services received from ATM Webhost, in advance of the time period during which such services are provided. You agree that until and unless you notify ATM Webhost of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies ATM Webhost of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended. Cancellations must be done in writing via the cancellation form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please About Us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of ATM Webhost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify ATM Webhost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ATM Webhost. ATM Webhost reserves the right to bill your credit card or billing information on file with us. ATM Webhost provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to ATM Webhost for services rendered. Access to the account will not be restored until payment has been received. It is the customer’s responsibility to notify our sales team via email at sales@Atmwebhost.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and ATM Webhost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at sales@Atmwebhost.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales@Atmwebhost.com ATM Webhost reserves the right to change the monthly payment amount and any other charges at any time. 5.) Backups and Data Loss Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. ATM Webhost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and Bandwidth and to maintain all appropriate backup of files and data stored on ATM Webhost servers. 6.) Cancellations and Refunds ATM Webhost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a cancellation form. ATM Webhost gives you an unconditional 45 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal. Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 45 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: • Bank Wire Transfers • Western Union Payments • Checks • Money orders There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 45 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy. 7a.) Resource Usage User may not: 1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, https, etc. 2) run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 3) Run any type of web spider or indexer (including Google Cash / Ad Spy) on shared servers. 4) Run any software that interfaces with an IRC (Internet Relay Chat) network. 5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. 6) Participate in any file-sharing/peer-to-peer activities 7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc. 8) Run corn entries with intervals of less than 15 minutes. 9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. 10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“https://yourdomain.com/include.php”) use include (“include.php”) 11) to help reduce usage, do not force html to handle server-side code (like pup and sham). 12) Only use hits protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications. 7b.) INODES the use of more than 250,000 anodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 anode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc.) on your account uses up 1 anode. Sites that slightly exceed our anode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive anodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our anode limit. To disable your default mailbox, login to panel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here. 7c.) Backup Limit Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. 8.) Bandwidth Usage you are allocated a monthly Bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more Bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages? Unused transfer in one month cannot be carried over to the next month. 9a.) Money back Guarantee On dedicated servers and collocation no full refund will be honored — the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Each of ATM Webhost’s managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. ATM Webhost will not activate new orders or activate new packages for customers who have an outstanding balance with ATM Webhost. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by ATM Webhost in writing. 9b.) Uptime Guarantee If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ATM Webhost dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@Atmwebhost.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to share / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. 10.) Reseller: Client Responsibility Resellers are responsible for Contact using their clients. ATM Webhost does not provide Contact Us to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All Contact Us requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. ATM Webhost will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service. 11.) Shared (non-reseller accounts) / Semi dedicated Servers Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups. The Business plan provides a free toll-free number for your web site and business. Minutes Included Per Month: 100 — Additional Minutes: 4.9 Cents. Included minutes are based on a calendar month. By default, you’ll be able to receive calls from US callers only. You can enable calls from Canada in your control panel, but will be billed 6.9 cents per minute for all calls from Canada due to the increased costs of providing service there. This service is provided and Contact Used by VoIP for new ATM Webhost clients. *Please note: Toll-Free numbers issued must be called at least once every 30 days. Toll-free numbers with 0 calls in a 30 day period will be considered inactive and disconnected. If you cancel your hosting package with ATM Webhost or switch to a plan other than the business plan, your toll-free number will be disconnected unless you contact VoIP to change to a paid service plan prior to the ATM Webhost cancellation. 12.) Dedicated Servers ATM Webhost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. ATM Webhost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@Atmwebhost.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups. 13.) Price Change The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Atmwebhost.com, and the right to increase the amount of resources given to plans at any time. 14.) Coupons Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price. 15a.) Indemnification Customer agrees that it shall defend, indemnify, save and hold ATM Webhost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ATM Webhost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ATM Webhost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ATM Webhost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ATM Webhost’s server. 15b.) Arbitration By using any ATM Webhost services, you agree to submit to binding arbitration. If any disputes or claims arise against ATM Webhost or its subsidiaries, such disputes will be handled by an arbitrator of ATM Webhost’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. 16.) Disclaimer ATM Webhost shall not be responsible for any damages your business may suffer. ATM Webhost makes no warranties of any kind, expressed or implied for services we provide. ATM Webhost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ATM Webhost and its employees. 17.) Disclosure to law enforcement ATM Webhost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. 18.) Changes to the TOS ABUSE POLICY – ATM Webhost & Database Services Ltd Guidelines This policy is subject to change, so please check regularly for updates. This policy is in addition to ATM Webhost Terms and Conditions – Hosting – VPS 1) Web Hosting 1.1) ATM Webhost reserves the right to suspend or cancel a customer’s access to any or all services provided by ATM Webhost, where ATM Webhost decides that the account has been inappropriately used. ATM Webhost reserves the right to refuse service and /or access to its servers to anyone. 1.2) ATM Webhost offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rare) files as unacceptable. MP3 and other large multimedia files are not web-based content. ATM Webhost offers a streaming media service for this type of content. 1.3) Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. 1.4) ATM Webhost will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices: 1.4.1) The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site. 1.4.2) the primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered. 1.4.3) Sites must not contain Warez, illegal or copyright material. The onus is on you the customer to prove that you own the rights to publish material, not for ATM Webhost to prove that you do not. 1.4.4) Sites must not contain MP3 files, as they do not represent active web content. Other multimedia files are acceptable if they are configured to stream to the client rather than download (Please see section 1.2 of this policy). 1.4.5) Sites must not contain password protected archive (e.g. zip or rare) files, or data backups. 1.4.6) Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of ATM Webhost. 1.4.7) Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Please see the ‘High Resource Use Policy’ in the main Terms and Conditions. 1.4.8) Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server. 2) Email 2.1) if ATM Webhost identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate. 2.2) Common issues that cause problems are: 2.2.1) Where a mailbox receives large volumes of undeliverable email. 2.2.2) where mailboxes have forwarders set to other mailboxes where mail cannot be delivered. 2.2.3) where mailboxes have forwarders and/or auto-responders that generate circular mail loops. 2.3) you may not use ATM Webhost Email services for any of the following: 2.3.4) to send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene. 2.3.5) to send messages causing annoyance, inconvenience or anxiety to another user of the Internet. 2.3.6) to send messages for the purpose of Fraud and /or with the intention of committing a criminal offence. 2.4) to prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios: 2.4.1) Where we identify a server that has an open mail relay. 2.4.2) where a significant volume of mail is sent from a domain in a 10-minute period. 2.4.3) where we have received significant volumes of complaints concerning unsolicited mail originating from a ATM Webhost hosted server. 2.5) To prevent ATM Webhost’ IP Addresses being blocked by IP Address blocking, a domain held on ATM Webhost servers may be disabled: 2.5.1) Where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites being hosted on a ATM Webhost server. ATM Webhost. Digital Millennium Copyright Act (DMCA) Policy ATM Webhost. Is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). ATM Webhost. Respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described below. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake. Notice to Owners of Copyrighted Works the DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to ATM Webhost’s Designated Agent. How to Write a Proper DMCA Notice a Proper DMCA Notice will notify ATM Webhost. Of particular facts in a document signed under penalty of perjury. To Write a Proper DMCA notice, please provide the following information: Identify yourself as either: a. The owner of a copyrighted work(s), or b. A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. State your contact information, including your TRUE NAME, street address, telephone number, and email address. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that ATM Webhost. Disable access over the World Wide Web. Identify the location of the material on the World Wide Web by providing information reasonably sufficient to permit ATM Webhost. To locate the material. State that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law. State that the information in the notice is accurate, under penalty of perjury. Sign the notice with either a physical or electronic signature. Sending The Proper DMCA Notice to the Designated Agent to exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by ATM Webhost. (The “Designated Agent”). The contact information for ATM Webhost’s Designated Agent is: Name: Mark Grannum Address: 283 Express Lane Suite 082-060 Sarasota, FL 34238, U.S.A Telephone: 1877-256-1967 E-Mail: abuse@atmwebhost.com What We Do When We Receive a Proper DMCA Notice ATM Webhost. Will follow the procedures provided in the DMCA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works. Notice and Takedown Procedure It is expected that all users of any part of the ATM Webhost. System will comply with applicable copyright laws. However, if ATM Webhost. is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. ATM Webhost. Will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent. Notice to Users of ATM Webhost. Systems Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. ATM Webhost. Also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint. Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below. Writing and Submitting a Counter-notification If access to your website is disabled due to operation of the ATM Webhost. Notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification. Writing a Counter-notification to Write a Proper Counter-notification, please provide the following information: State that access to your website was disabled due to operation of the notice and takedown procedure. Identify the material that has been removed and designate its URL prior to removal. State, under penalty of perjury: a. Your name, address, and telephone number, b. That you have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material. c. That you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located. Sending the Counter-notification to exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for ATM Webhost. whose contact information is: Name: Mark Grannum Address: 4283 Express Lane, Suite 082-060 Sarasota, Fl. 34238 USA Phone: 1246-845-5259E-Mail: info@atmwebhost.com Repeat Infringers ATM Webhost. May, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers. Accommodation of Standard Technical Measures It is ATM Webhost’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. Policy With Regard To Non-Compliant Communications ATM Webhost. Has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented. Submission of Misleading Information The submission of misleading information of any sort in a notification or counter-notification submitted to ATM Webhost. Voids any claim of right made by the submitting party. Please note: by signing up for any of our services you agree to be bound by all ATM Webhost terms and conditions. Please Note: Kindly allow 24 to 72 hours for server deployment. ATM Webhost reserves the right to revise its policies at any time without notice….

 

 

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