Free Hosting Term of Services

All users of Atgig services, and all customers upon signing up for Atgig services, agree to comply with the following Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Atgig services with due regard to the rights of other Internet users and in conformity with the requirements of Atgig network environment. The TOU are not exhaustive and Atgig reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.atgig.com or notification of the modified TOU. Except when expressly agreed to the contrary in writing by an authorized representative of Atgig, this TOU supersedes any other agreement with Atgig, whether written, oral, by conduct, or otherwise.

Atgig Web Hosting Customer Restrictions

1. SERVICE DESCRIPTION
Atgig  currently provides users with access to a selection of resources, including free web hosting, use of our nameservers, free server space, free data transfer, free email and personalized content, through its network (the "System"). Unless explicitly stated otherwise, any new features that enhance the current System, including the release of new Atgig features, shall be subject to the TOS. You understand and agree that the System is provided "AS-IS," and that Atgig assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.

2. REGISTRATION OBLIGATIONS
In consideration of Your use of the System, You agree: (a) that You are at least 13 years of age; (b) to provide true, accurate, current and complete information about Yourself as prompted by the registration form (this information will comprise the "Database"); and (c) to maintain and promptly update the Database to keep it true, accurate, current and complete. Non-compliance with any of these obligations during the maintenance of Your account may result in the suspension or termination of Your account, and may result in the refusal of any and all current or future use of the System, or any portion thereof at the sole discretion of Us.

3. MEMBER ACCOUNT INFORMATION
You will receive a password and account designation upon completing the System's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Us of any unauthorized use of Your password or account or any other breach of security. We will not be liable for any loss or damage arising from Your failure to comply with this Section.

4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the entity from which such Content originated. This means that You, and not Atgig, are solely responsible for all Content that You upload, post, email or otherwise transmit via the System. We do not control the Content posted via the System and as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will We be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the System. You agree to not use the System to: (a.) Upload, post, email or otherwise transmit any Content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct; (b.) Harm minors in any way; (c.) Impersonate any person or entity, including, but not limited to, a Atgig official or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d.) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the System; (e.) Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);( f.) Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g.) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;" (h.) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i.) Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System; (k.) Intentionally or unintentionally violate any applicable local, national or international law; (l.) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

5. ADVERTISING BANNERS
As a free user of our services, it is required that you display our footer and to not "hide", "cover-up", "kill", or modify our footer in any way. We reserve the right to change the size of the footer at any time.

6. INTELLECTUAL PROPERTY INFRINGEMENT
As a condition for your use of our services offered and defined by our System, you represent and warrant that your registered domain name does not violate the intellectual property rights of any third party. In the event you are found to have breached your obligation pursuant to this section and your domain name is using any of our services offered and defined by our System, you agree that all your information could be deleted from the System.  Before deleting your data, we will give you the chance to prove us that you are the legitimate holder of the content you are having associated with your account. You further agree that we may demand at any time proof of any intellectual property ownership or licensing, as the case may be, to ensure your compliance with this section.

7. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the the country in which You reside.

8. CONTENT SUBMITTED TO ATGIG.COM
You agree that Atgig and its designees have the right to refuse any Content that is available through the System. Additionally, Atgig and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS and (c) respond to claims that any Content violates the rights of third-parties. You understand that the technical processing and transmission of the System, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. INDEMNITY
You agree to indemnify and hold Atgig, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content You submit, post to or transmit through the System, Your use of the System, Your connection to the System, Your violation of the TOS, or Your violation of any rights of another.

10. PROHIBITION AGAINST RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the System, use of the System, or access to the System.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Atgig.com may establish general practices and limits concerning use of the System, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the System, the maximum number of email messages that may be sent from or received by an account on the System, the maximum size of any email message that may be sent from or received by an account on the System, the maximum disk space that will be allotted on Atgig’s servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the System in a given period of time. You agree that Atgig has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the System. You acknowledge that Atgig reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Atgig reserves the right to change these general practices and limits at any time with or without prior notice.

12. MODIFICATIONS TO SYSTEM
Atgig reserves the right at any time to modify or discontinue, temporarily or permanently, the System, or any part thereof with or without prior notice. You agree that Atgig shall not be liable to You or to any third party for any modification, suspension or discontinuance of the System.

13. TERMINATION
You agree that Atgig may terminate Your password, account, my2gig.com Site, use of the System, or use of any other Atgig.com service, and remove and discard any Content within the System, for any reason, including, without limitation, for lack of use or if Atgig believes that You have violated or acted inconsistently with the provisions of the TOS. Atgig may also, at any time, discontinue providing the System, or any part thereof, with or without prior notice. You agree that any termination of Your access to the System under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Atgig may immediately deactivate or delete Your account and Atgig Site and all related information and files in Your account and Atgig Site and/or bar any further access to such files or the System. Further, You agree that Atgig shall not be liable to You or any third-party for any termination of Your access to the System.

14. OTHER GROUNDS FOR TERMINATION
We reserve the right, in our sole discretion, to terminate your free hosting service with respect to any domain name that you subsequently transfer to another registrar. You understand and acknowledge that your continued use of our free hosting service is conditioned on your domain remaining registered with us and not violating our other stated conditions.

15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATGIG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. ATGIG MAKES NO WARRANTY THAT (i) THE SYSTEM WILL MEET YOUR REQUIREMENTS, (ii) THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OTHER THAN WHAT IS STATED IN OUR SLA, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM WILL BE ACCURATE OR RELIABLE.

16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATGIG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SYSTEM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY OTHER MATTER RELATING TO THE SYSTEM.


17. NOTICE
Notices to You may be made via either email or regular mail. The System may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the System.

18. MODIFICATION
We may modify any of the terms and conditions contained in this TOS at any time and in Our sole discretion. A change notice will be posted on Our Site and shall be effective after three (3) days after they are posted on Our Site.

19. GENERAL INFORMATION
This TOS constitutes the entire agreement between You and ATGIG and governs Your use of the System, superseding any prior agreements between You and ATGIG. The TOS and the relationship between You and ATGIG shall be governed by the laws of the Province of Quebec, Canada without regard to its conflict of law provisions. You and ATGIG agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Quebec, Canada. The failure of ATGIG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should proceed to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the System or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATIONS
Any violations of the TOS should be reported to Us immediately via support ticket or by email, using abuse@atgig.com. In the event that You breach any of the above provisions of this Agreement, You agree that We may terminate Your use of Our System. In the event such a breach occurs by You, We will post a page from Your domain name stating that You have violated Our terms and conditions of service.