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Atgig

Paid 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

 

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Atgig will be the sole arbiter of what is considered to be a high server usage level. Atgig will take a decision based upon the average usage of resources and  the peak usage of the resources.  A usage that is consumes less than five percent of the CPU is considered to be normal and acceptable.  Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

 

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Atgig customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Atgig server, and selling or distributing software (on a Web site residing on a Atgig server) that facilitates spamming. Violators will face immediate suspension. Atgig reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

 

IRC

Atgig does not allow IRC or IRC bots to be operated by Web Hosting customers.

 

Software Distribution

Atgig Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products.  Please contact us if you wish to distribute software and/or multimedia products.

 

Ownership of Web Site

The legal owner of customers' Web sites and accounts with Atgig will be the individual or organization whose name is listed in Atgig database as the owner. Customers will fully cooperate with and abide by any and all of Atgig security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Atgig.

 

Illegal Use

Atgig servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Atgig services, all Atgig customers certify that they and/or the organization they represent in procuring services from Atgig are not, nor have been designated, a suspected terrorist, are not owned or controlled by a 'suspected terrorist' and are not on, are not a member of, related to, associated with, or controlled by any organizations  that the UN or the NATO considers to be associated with terrorism.

 

Copyright Violations

The US Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Atgig customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by an Atgig customer (per the DMCA) to Atgig must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Atgig sole discretion.
DMCA Copyright Infringement Notification Requirements:

  • Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for Atgig to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Send the notification via mail to: support@atgig.com

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
Atgig is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Atgig will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that Atgig must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Atgig may do so by disabling access to your entire web site.

 

Child Pornography

The use of Atgig services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Atgig is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

 

Indemnification

Atgig customers agree to protect, defend, hold harmless, and indemnify Atgig, any third party entity related to Atgig (including, without limitation, third party vendors), and Atgig executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Atgig services.

 

Disclaimer

The Atgig service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Atgig expressly disclaims any representation or warranty that the Atgig service will be error-free, secure or uninterrupted. No oral advice or written information given by Atgig, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Atgig and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ATGIG (INCLUDING, WITHOUT LIMITATION, ATGIG'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ATGIG'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR HOSTWAY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ATGIG SERVICES EVEN IF HOSTWAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ATGIG'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR HOSTWAY'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ATGIG OR ATGIG'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

 

Modifications

Atgig may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Atgig services. Certain changes to Atgig services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Atgig is not liable, for any and all such personalized applications and content, except as expressly agreed to by Atgig.

 

Backup of Data

Except where Atgig has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Atgig is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Atgig services. Atgig servers are also not be used as a backup storage and is only intented for hosting web files.

 

Governing Law and Severability

The TOU, and any other agreement for Atgig services, will be governed by and construed in accordance with the laws of the Province of Quebec, Canada without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Atgig will take place in Quebec, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Atgig agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

 

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Atgig and its customers. Each of Atgig and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

 

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

 

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for Atgig services, constitutes the complete understanding and agreement between Atgig and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Atgig, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Atgig services is between Atgig and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Atgig.

 

Payment

All the services are to be paid in advance of the provision of services.  The payment must be made in the same currency that is indicated on the invoice.  The customer has five business days to pay for the services he uses, after the invoice has been sent.  All invoices will be sent electronically to the email address Atgig has on file for a customer account.  If the complete amount of the invoice has not been received in given period of time, the account will be immediately suspended.  If an invoice has not been paid for more than sixty days, the account will be closed and all the data of the customer will be deleted.  Atgig cannot be held responsible for any damage caused to the customer by the suspension or the deletion of his account.

 

Third Party Providers

You agree that certain services may be provided by third party providers of Atgig and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.