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This agreement represents the complete
agreement and understanding between ATS and
the account holder (hereinafter called Customer)
and supersedes any other written or oral agreement.
Upon notice published on-line via ATS services,
ATS may modify these terms and conditions,
amplify them, and/or modify the prices, as well
as discontinue or change services offered.
If you do not agree to these terms and conditions,
please notify as to info@ATS728.com
so we can initiate a closure of your account. USE
OF YOUR ACCOUNT shall constitute your approval.
1.ATS makes no warranties of any kind,
whether expressed or implied, for the service it
is providing. ATS also disclaims any warranty of
merchant ability or fitness for a particular purpose.
ATS will not be responsible for damages
the customer suffers. This includes loss of data
resulting from delays, non-deliveries, mis-deliveries,
or service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the
fault of third parties.
2. Services provided to the Customer by ATS may only be used for lawful purposes.
Transmission or publication of any information,
data or material in violation of any U.S. Federal
or state regulation or law is prohibited. This includes,
but is not limited to, material protected by copyright,
trade secret or any other statute, threatening material
or obscene material. ATS reserves the right remove any and
all materials which infringe on copyright work.
Such materials will be removed at any time upon
receiving a complaint and or notice of copyright
infringement.
3. Customer agrees to defend, hold harmless and
expeditiously indemnify ATS from any liability, claim, loss,
damage or expense arising out of the indemnifying
party's breach or violation of any covenant contained
in this Policy and resulting from the Customer's
use of the service.
4. ATS accounts cannot be transferred
or used by anyone other than the subscriber. Customers
may not sell, lease, rent or assign the connection
or parts of the connection to any party not named
in this Policy. Customer may allow ftp access to
its server and host web sites for its customers
without violating this Policy. Network bandwidth
charges in excess of allocated amount will be assessed
from access log reports generated by the HTTPD server.
5. ATS reserves the right to cancel service
for any reason without prior notice. In case of
cancellation, unused fees may be returned to the
subscriber on a pro-rata basis. Fees for setup and
the first month's service are not refundable.
If a customer reregisters after ATS cancellation of the account without
ATS written consent, ATS will cancel Customer's account
and all dues and fees paid to date regardless of
whether service has been rendered will be forfeited.
Additionally, any amounts due will be immediately
payable.
6. Setup fees are not refundable.
7. At the time of account cancellation, a Cancellation
Code will be provided. If accounts are billed in
error after the Cancellation date, credits will
only be issued with a valid ATS Cancellation Code. If cancellation
is done in writing, it will be the responsibility
of the Customer to contact ATS for the Cancellation Code.
8. Additionally, CUSTOMER agrees not to utilize
the ATS service, equipment or email address
in connection with the transmission of the same
or substantially similar unsolicited message to
30 or more recipients or eight or more newsgroups
in a single day. CUSTOMERS responsible for violating
this clause of the ATS Acceptable Use Policy will be fined
$200 per message. Payment by CUSTOMER under this
provision shall not prevent ATS from seeking other legal remedies
against CUSTOMER.
9. Customer agrees not to transmit, promote, or
otherwise make available any software, product or
service that is either illegal or designed to violate
this Agreement. Such software, products or services
include, but are not limited to, programs designed
to send unsolicited advertisements (i.e. "spamware")
and services which send unsolicited advertisements.
10. ATS requires that its agreements be
made with a person who is qualified to contract.
As such, subscriber must be over the age of eighteen
(18) years. Otherwise, a parent or guardian must
accept this agreement and enclose the proper payment.
ATS cannot accept payments from persons
who are not at least eighteen (18) years of age,
nor can we accept agreements from persons who are
not at least eighteen (18) years of age.
11. Customer shall ensure that its use of ATS network services shall not disrupt
ATS, its associated networks or equipment
forming part of the systems. In instances in which
an excessive amount of system resources are utilized
by a subscriber, ATS reserves the right to place CPU
process limits on the Customer's account to prevent
disruption of service to other customers. Customers
shall not transmit any communication where the meaning
of the message, or its transmission or distribution,
would violate any applicable law or regulation or
would likely be offensive to the recipient thereof.
No message may be mass distributed, "broadcast,"
or otherwise sent on an intrusive basis to any ATS user or to any directly or indirectly
attached network. Use of ATS connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive as determined
by ATS shall be considered a breach of
this Policy and may result in cancellation of service.
This prohibition extends to sending of unsolicited
mass mailings from another service which in any
way implicates the use of ATS's service, ATS's equipment or any site hosted
on any ATS network.
12. Customer warrants that any material submitted
for publication on ATS does not violate or infringe any
copyright, trademark, patent, statutory common law
or proprietary interest of others or contain anything
obscene or libelous. ATS reserves the right to remove any
and all materials which infringe on copyright work.
Such materials will be removed at any time upon
receiving a complaint and or notice of copyright
infringement.
13. If ATS becomes aware of material that
could be infringing on a third party's copyright,
it will initiate an investigation. To conduct an
investigation of copyright infringement, the Complainant
must submit at least two items. First, Complainant
must submit a claim in writing with the applicable
copyright or trademark registration number and a
copy of the underlying copyrighted work along with
the Customer's materials. Second, Complainant must
offer a good faith certification signed under penalty
of perjury. This certification must state that the
work is the property of the Complainant, that the
work has been copied and that use of the work is
not defensible. With this information in-hand, ATS, at its discretion, may, at any
time deny access to the challenged material of Customer.
14. Use of other organizations' networks or computing
resources is subject to their respective permission
and usage policies.
15. For all new domains, there is an initial InterNIC
registration fee of $40.00 for the first two years.
ATS will automatically pay this fee
as well as all annual renewal fees of $20.00 to
the InterNIC on your behalf while your ATS account is active and current.
These fees will appear on your billing statement
unless prior arrangements are made with our customer
service department.
16. Use of ATS's hosting services could involve
listing subscriber's participation in relevant directories,
and subscriber expressly grants permission for such
listings.
17. Although all hosting plans permit unlimited
data transfer, each plan is subject to a surcharge
in the event usage exceeds the allotted free bandwidth
for that plan. Customer is responsible for charges
related to bandwidth exceeding the plan's allotted
data transfer.
18.ATS is registered with the United States
Copyright Office pursuant to the Digital Millennium
Copyright Act. If you believe that your work has
been copied in a way that constitutes copyright
infringement by a ATS customer ("the Customer"), you
("the Complaining Party") must first provide ATS’s Copyright Agent with the following
information in writing ("the Notification"):
- an electronic or physical
signature of the person authorized to act on behalf
of the owner of the copyright interest that is
allegedly infringed;
- a description of the copyrighted
work that you claim has been infringed; if multiple
copyrighted works at a single site are covered
by a single notification, then include a representative
list of such works at that site;
- a description of where the
material that you claim is infringing is located
on the site sufficient to permit us to locate
the allegedly infringing material;
- your address, telephone number,
and email address;
- a statement that you have
a good faith belief that the disputed use is not
authorized by the copyright owner, its agent,
or the law;
- a statement by you, made
under penalty of perjury, that the above information
in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright
owner's behalf.
ATS’s Copyright dept
for Notice of claims of copyright infringement
can be reached as follows:
Upon receipt of the written
Notification containing the above information by the
Complaining Party, and only upon receiving such Notification,
ATS will:
- Remove or disable access
to the material that is alleged to be infringing;
- Forward the written notification
to the alleged infringer ("the Customer");
- Take reasonable steps to
promptly notify the Customer that it has removed
or disabled access to the material.
In response, the Customer
may send a "Counter-Notification" to ATS. To
be effective, the Counter-Notification must be in
writing and include the following information:
- The Customer’s physical or
electronic signature;
- Identification of the material
that has been removed or to which access has been
disabled and the location at which the material
appeared before it was removed or access to it
was disabled;
- A statement under penalty
of perjury that the Customer has a good faith
belief that the material was removed or disabled
as a result of a mistake or misidentification
of the material to be removed or disabled;
- The Customer’s name, address,
and telephone number, and a statement that the
Customer consents to the jurisdiction of the Federal
District Court in which the address is located,
or if the Customer is outside the United States,
for any judicial district in which ATS
may be found, and that the Customer will accept
service of process from the person or his agent
who provided the original Notification.
Upon receipt of the written
Counter-Notification containing the above information
by the Customer, and only upon receiving such Counter-Notification,
ATS will:
- Provide the Complaining Party
with a copy of the Counter-Notification;
- Inform the Complaining Party
that it will replace the removed material or cease
disabling access to it within ten (10) business
days;
- Replace the removed material
or cease disabling access to the material within
ten (10) to fourteen (14) business days following
receipt of the Counter-Notification, provided
ATS’s Copyright Agent has not received
notice from the Complaining Party that an action
has been filed seeking a court order to restrain
the Customer from engaging in infringing activity
relating to the material referenced in the Notification.
19. Any party seeking to report any other potential
violations of this Agreement may contact ATS via
e-mail at info@ATS728.com
20. Transferring your domain to another provider
does not constitute canceling your ATS account.
You must notify ATS to formally cancel your account
with ATS to avoid further charges.
21. On occasion, ATS may have a need to communicate
with its customers through e-mail issues related
to billing, as well as changes, additions and modifications
to the network. It is the responsibility of the
customer to check e-mail sent to the primary login
e-mail address on the account.
22. It is the responsibility of the customer to
contact ATS of any changes to their account, such
as phone number, address, credit card information,
etc. Customers will be required to provide verification
for security purposes authorizing them to make any
changes to that account.
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ASSOCIATED TECHNICAL SOLUTIONS 6820 LA TIJERA BLVD, LOS ANGELES CA 90045
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