Revision date: June 21, 2016
All services provided by Atabyte Inc. ("Atabyte Inc.") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Atabyte Inc. from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Atabyte Inc.'s servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER TOOLS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $100.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Atabyte Inc. WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of storage/traffic allowance. We monitor all accounts and suspend accounts that exceed their storage/traffic allowance. We will bill $1.00 for each GB of storage/traffic over the specified allowance. This amount is not prorated, meaning that 1 MB-1 GB will be treated and billed as the same.
We currently do not allow IRC or IRC bots to be operated on our servers.
Any attempt to undermine or cause harm to a server or customer of Atabyte Inc. is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled without chance of refund.
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Atabyte Inc. must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
At least 14 days prior to the due date of services, Atabyte Inc. shall deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Atabyte Inc. by no later than the specified payment due date. Atabyte Inc. shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice at least 14 days prior to your due date. In the event that payment is not received, we will send an e-mail notification, at which point we will need to receive payment within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Clients are responsible for terminating Paypal subscriptions both when services are upgraded/downgraded and when accounts are terminated.
Certain services carry a setup fee charged by Atabyte Inc. to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Atabyte Inc. and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
We do not generally refund partially used months of service. For example, if your contract is yearly and you request a refund after five and a half months, a refund will be given for the six completely unused months. Refunds must be requested through the billing department.
Any exceptions made to this policy are not considered a change of this policy. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 or 20% of the late payment, whichever is greater, prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 15 days notice for a cancellation.
Atabyte Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Atabyte Inc.'s servers or network going off-line or being unavailable for any reason whatsoever. Furthermore, Atabyte Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Atabyte Hosting's servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Atabyte Inc. cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Atabyte Inc. are resold. Thus, certain equipment, routing, software and programming used by Atabyte Inc. are not directly owned or written by Atabyte Inc.. Moreover, Atabyte Inc. holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Atabyte Inc. sees fit.
By activating your account with Atabyte Inc., you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE:If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Information on Atabyte's uptime guarantee is available here.
Atabyte Inc. reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.