Atlantic.Net welcomes its subscribers to the Internet and the wealth of information and entertainment that it contains. Among the services Atlantic.Net offers are dial-up, isdn, DSL, T1, T3, wireless, broadband accounts, dedicated accounts, streaming media, web design and web hosting accounts. As a user of the Internet the user will be presented with many forms of information, both legal and illegal. Atlantic.Net does not condone the receipt or dissemination of the latter. In addition, Atlantic.Net discourages activities that may infringe on the rights of others, including but not limited to security violations, copyright violations, harassment and violation of individual privacy rights. This Acceptable Use Policy (AUP) serves as notice that Atlantic.Net reserves the right to terminate or otherwise restrict use of the user's account if s/he is found to be in violation of any of Atlantic.Net's guidelines. This AUP may be revised from time to time to reflect additional protections put in place. Continued use of Atlantic.Net services constitutes acceptance of any revised or additional terms of this AUP. Please visit our AUP online at http://hosting.atlantic.net/aup.htm to review the most current update of the Atlantic.Net AUP for webhosting services.

If you do not agree to the terms of this agreement please contact our office at 1-800-422-2936 so that we may initiate termination of the account and future billing. USE OF YOUR ACCOUNT shall constitute your approval of the AUP.

Definitions
You, Customer, Client and User refer to the party contracted to pay Atlantic.Net for webhosting services.

Personal Files
Atlantic.Net is not responsible for backups of user's personal files and information. Additionally, Atlantic.Net reserves the right to delete any information pertaining to user's accounts within a reasonable time that user is no longer a customer of Atlantic.Net.

Setup Fees
Setup fees are nonrefundable. For all new domains, there is an initial registrar fee of $60 for the first two years. Atlantic.Net will automatically pay this fee as well as all annual renewal fees of $30 to InterNIC or the appropriate registrar on your behalf while your Atlantic.Net account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our webhosting department.

Network IP address assignments
Any network IP address assignments issued by Atlantic.Net are the property of Atlantic.Net and are considered to be loaned to the Client. In the event service with Atlantic.Net is discontinued for any reason, such addresses will revert to Atlantic.Net.

No Warranties
Atlantic.Net makes no warranties of any kind, whether expressed or implied, for the service it is providing. Atlantic.Net also disclaims any warranty of merchantability or fitness for a particular purpose. Atlantic.Net will not be responsible for damages the customer suffers. This includes loss of revenue, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

Re-registered Cancelled Accounts
If a Customer re-registers, after Atlantic.Net has cancelled the account, without Atlantic.Net's written consent, Atlantic.Net will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited.

Contact Information
Atlantic.Net may need to communicate with its customers through email. It is the responsibility of the customer to furnish to Atlantic.Net the appropriate contact email address for such correspondence. It is the responsibility of the customer to check email sent to the primary login email address on the account. It is the responsibility of the customer to contact Atlantic.Net of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.

Taxes
Atlantic.Net shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Atlantic.Net's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Server Resource
Any website 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 paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Atlantic.Net shall be the sole arbiter of what is considered to be a high server usage level.

CGi Scripts
Cgi script sharing with domains not hosted by Atlantic.Net is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Chat Rooms
Atlantic.Net does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. Atlantic.Net does provide a choice of Java chatrooms for a small extra charge that should meet most users' needs and run without hindering the performance of the machine of our servers.

Background Running Programs and Cron Jobs
Atlantic.Net may allow programs to run in the background. These programs will be considered on an individual basis and extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact us before doing so.

IRC
Atlantic.Net does not allow IRC or IRC bots to be operated on our servers. Database Any database stored on Atlantic.Net servers shall be limited in size to 50% of the total disk space allotted for a particular domain.

Termination
Termination of any webhosting account will only take place upon phone request and confirmation with Atlantic.Net's webhosting department Mon-Fri 8-5pm (1-800-422-2936)

Prohibited Activities

To better ensure that Atlantic.Net accounts are not used for illegal/improper purposes, Atlantic.Net has delineated those activities that are deemed illegal or improper. Individuals who engage in the following activities may be subject to account termination or restrictions placed upon their accounts:

Obscene Materials/Speech
Using Atlantic.Net's network to store or disseminate or otherwise make available child pornography is expressly prohibited. Any account found in violation of this prohibition will be terminated. Atlantic.Net is required by Federal law to notify law officials when it becomes aware of child pornography on it network.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited. Commercial postings to non-commercial Newsgroups, or postings which are directed to either inappropriate, unrelated, or more than 20 groups is prohibited. The cross-posting of articles into non-related Newsgroups is strongly discouraged due to the congestion created by this practice. Storage of user data must be done within the user's assigned home directory, or as assigned by Atlantic.Net staff. Usage of other disk space is prohibited, except by Atlantic.Net system programs making temporary use of the system's public file system areas.

Any individuals who are cancelled for spamming will incur a $150.00 clean-up fee, which is neither negotiable nor refundable. Any damages requiring extensive repairs caused by spam will result in the offending party being billed at a rate of $100.00/hour until the repairs are completed to the satisfaction of Atlantic.Net. Maintaining an open SMTP relay is prohibited. Atlantic.Net has the discretion of determining whether the email recipients were from an opt-in email list.

Intellectual Property Violations
Engaging in any activity that may violate the intellectual property rights of another are prohibited. Protected intellectual property rights include, without limitation, copyrights, trademarks, service marks, software piracy, trade secrets, patents held personally and by corporate entities. Atlantic.Net is required by law to comply with orders to restrict accounts that have been found to violate the intellectual property rights of others.

Defamatory/Abusive Language
The use of Atlantic.Net's network to post or otherwise transmit harassing, abusive, or threatening language is expressly prohibited.

Illegal or Unauthorized Access
Any access to other networks through Atlantic.Net must comply with the rules appropriate for that network. Unlawful or intrusive access is strictly prohibited and includes, but is not limited to attempting to penetrate security measures and/or port scanning, whether or not the intrusion or attempt results in corruption or loss of data. Such activities will result in termination of service and/or legal measures.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Exporting encryption software over the Internet, or otherwise, to point outside the United States.

Export Control Violations
Exporting encryption software over the Internet, or otherwise, to point outside the United States.

Forging Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Usenet Groups
Atlantic.Net reserves the right to refuse/block posts from newsgroups that it reasonably believes violates this AUP.

Facilitating A Violation Of This AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

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Other Activities
Engaging in activities, whether lawful or unlawful, that Atlantic.Net determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Third Party Subscribers
In the event that a user of Atlantic.Net's service is an ISP or reseller, any violations of user's (third party) subscribers may be addressed directly by Atlantic.Net terminating or placing restrictions on that subscriber's account. Atlantic.Net expects that the user will assist Atlantic.Net in enforcing the terms of this AUP against the user's subscribers.

Privacy
Atlantic.Net recognizes that the Internet, like other forms of communication is not a completely secure. Atlantic.Net respects the privacy of its users and will not intentionally monitor communications from its users unless it is directed by governmental authorities to do so. Moreover, Atlantic.Net will disclose any information about its users in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Atlantic.Net assumes no obligation to inform the user if such information is requested.

Right to Damages
In the event that an act or omission by the User that constitutes a violation of this AUP causes economic damage to Atlantic.Net. Atlantic.Net will have a right to claim and collect economic damage from the User.

Indemnification
User agrees that it shall defend, indemnify, save and hold Atlantic.Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, ("Liabilities") asserted against Atlantic.Net, 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 User, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless Atlantic.Net against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Atlantic.Net's server, (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party, (iii) copyright infringement and (iv) any defective product which Client sold on Atlantic.Net's server.