Terms of Service (TOS)

Terms of Services Revision date: 6/1/2010

All services provided by ATBHost ("ATBHost") 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 ATBHost 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 ATBHost'ss servers, or any other server on the Internet.

Examples of unacceptable content hosted on our servers:

pirated software
hacker programs or archives
keygens
nulled software
pirated games
copyright music
Rapid Leech or similar programs

NOTICE: IF YOUR ACCOUNT IS FOUND TO HOST ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT MAY BE TERMINATED IMMEDIATELY, WITHOUT NOTICE.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and reserve the right to suspend accounts that are found to exceed the limit.

Proxy Servers

Running software that serves as a proxy server is strictly forbidden due to the abuse and significant amount of resources used. Any instance found of proxy software being using on our servers is ground for immediate termination.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of ATBHost 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 terminated.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of ATBHost must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Limitation of Liability

ATBHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ATBHost'ss servers going off-line or being unavailable for any reason whatsoever. Furthermore, ATBHost 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 ATBHost'ss servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to abuse@atbhost.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

ATBHost 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 ATBHost are resold. Thus, certain equipment, routing, software and programming used by ATBHost are not directly owned or written by ATBHost. Moreover, ATBHost 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 ATBHost sees fit.

Account Activation

By activating your account with ATBHost, 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.

Server Uptime Guarantee

ATBHost aims for at least 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans.

ATBHost 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.

Privacy

Revision date: 6/1/2010

ATBHost has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user's identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: abuse@atbhost.net

Acceptable Use Policy

Revision date: 6/1/2010

As a provider of web site hosting and other Internet-related services, ATBHost offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ATBHost respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ATBHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ATBHost has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using ATBHost's services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ATBHost cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ATBHost cannot monitor or censor the Internet, and will not attempt to do so, ATBHost cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that ATBHost does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ATBHost's network and may reach a large number of people, including both subscribers and non-subscribers of ATBHost, subscribers' postings to the Internet may affect other subscribers and may affect ATBHost's goodwill, business, reputation or operations. For these reasons, subscribers violate ATBHost policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Spamming is sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ATBHost, but also because it can overload ATBHost'ss network and disrupt service to ATBHost'ss subscribers. When a complaint is received, ATBHost will investigate and shutdown the account that is SPAMing.

Audio/Video Streaming:

Streaming of audio and video takes up many system resources and causes a high load on the server adversely affecting the other accounts sharing the server and is prohibited. Any streaming activities that prove detrimental to the server may be shutdown and the account may be suspended or/and terminated.

Adult-Oriented Content:

ATBHost DOES allow adult content to be hosting on our servers. However, only materials legal in the United States are permitted.

Obscene Speech or Materials:

Using ATBHost's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ATBHost is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using ATBHost's network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language. This includes any form of hate speech.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation 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, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

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

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ATBHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ATBHost's policy or applicable law. However, when ATBHost becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ATBHost.

ATBHost is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ATBHost's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ATBHost does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ATBHost reserves the right to directly take action against a customer of its subscribers. Also, ATBHost may take action against the ATBHost's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ATBHost anticipates that subscribers who offer Internet services will cooperate with ATBHost in any corrective or preventive action that ATBHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ATBHost policy.

ATBHost will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ATBHost may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ATBHost may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ATBHost assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ATBHost may disclose subscriber information or information transmitted over its network where necessary to protect ATBHost and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ATBHost will never sell information to other services or outside companies.

ATBHost expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate ATBHost policy. Finally, ATBHost wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ATBHost for any violation of the Service Agreement, law or ATBHost policy resulting in loss to ATBHost or the bringing of any claim against ATBHost by any third party. This means that, if ATBHost is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against ATBHost, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including ATBHost and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@atbhost.net.