Terms & Conditions
Terms & Conditions
1. Modification: Atlas Networks, LLC reserves the right to add, delete or modify any provision of its published policies at any time without notice. Client agrees to be bound by any changed Atlas Networks may reasonably make to this agreement when such changes are made.
2. Privacy: Atlas Networks will not sell, distribute, reveal, or otherwise make available any customer information. Should we need to contact you directly regarding your specific account or service we will do so via email or phone only.
3. Domain Names and Domain Transfers: In order for your domain name(s) to point to the Atlas Networks server(s) or service(s) your account is located on, you may be required to change your DNS (Domain Name Servers) at your registrar. If using Atlas Networks DNS servers, we will provide you the proper information to change your name servers. DNS servers are defined in a pair (primary: ns*.atlasnetworks.us and secondary: ns*.atlasnetworks.us). Atlas Networks will take necessary steps to register domain names on behalf of the Client when requested. Domain names registered by Atlas Networks are automatically renewed 30 days before their expiration date and billed to the Client. In order to cancel the automatic renewal, you must submit a support ticket a minimum of 45 days before each domain names expiration date. Atlas Networks does not take responsibility for failing to renew domain names not registered through our service. Free domains provided by Atlas Networks as part of any promotional offer must remain with Atlas Networks as the registrar for a minimum of 12 months; client must retain services associated with the free domain name for a minimum of 12 months before client becomes the legal owner of the domain provided by Atlas Networks; not all TLD extensions are offered through any 'free domain' promotion and Atlas Networks reserves the right to refuse to acquire specific TLD's.
4. Content: Atlas Networks believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for refusal of service or immediate suspension of service: racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there are such sites hosted within our network, the Client hosting the material will be notified immediately. They are required to remove the content within 24 hours or will face account suspension and/or termination. The Client must self-govern its and its users content and remain responsible and all-knowing of what your website(s) publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if Atlas Networks is made aware of any questionable content on Atlas Networks’ network, we will address the concerns immediately and directly with you to seek an amiable resolution. Atlas Networks requires a proper DMCA notice to begin investigation into copyrighted materials claimed to be on our network, servers, or services.
5. Liabilities: Atlas Networks makes no endorsement, claims, or promises regarding the services offered by our Clients and will not be held liable for any disputes or claims against said Clients. In no event shall Atlas Networks be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a Client website or from any information, services or products provided through a Client website. Service(s) provided by Atlas Networks free of charge: The Services offered for free, including services that require a $1 anti-fraud verification charge, are provided "as is" without any express or implied warranty of any kind, including without limitation any warranty of merchantability, fitness for a particular purpose. In no event shall Atlas Networks, LLC be liable for any direct, indirect, incidental, special or consequential damages (including, without limitation, loss of profit, business interruption, or loss of information) arising out of or relating to this agreement or resulting from the use or inability to use the Services, even if Atlas Networks, LLC has been advised of the possibility of such damages. You must use at your own risk.
6. Payments and Agreement to Pay: The monthly recurring charges are as set forth in Exhibit A attached hereto. Atlas Networks may, with 60 days written notice to the Client, amend the Services, rates or fees we charge for any Product or Service for month to month services post term of this Agreement. Fees for the initial term and renewal periods after the initial term shall be due, immediately upon the first day of each month or set term. The Client will receive an invoice via email for the charges for Products and Services rendered or provided by Atlas Networks. Payment in full of the invoiced amount is due upon receipt of the invoice. All taxes, fees and government charges relating to the Products or Services provided shall be paid by the Client. All payments due under these terms and conditions shall be made by the Client in full without any right of set-off by the Client. The Client agrees to pay all invoices strictly by the terms detailed on each invoice. The Client agrees to lodge any disagreement with the items presented in any invoice within five (5) working days of receipt of the invoice with documentary proof as to why an invoice or item is inaccurate or incorrect. After such a time an invoice is regarded as correct. The Client agrees that at Atlas Networks’ sole discretion all service provided to the Client may be suspended on failure to pay any invoice by the terms contained on any outstanding invoice until such a time as the Client's account has been completely settled. Client may make payment by providing either a valid credit card or PayPal account. Check payments require prior approval. The monthly billing date is generally 10 days before the first of each month for the upcoming month. If for any reason, Atlas Networks is unable to charge your payment method for the full amount owed, or if Atlas Networks is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that Atlas Networks may peruse all available remedies in order to obtain payment. You agree that among the remedies Atlas Networks may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf. You agree that you are solely liable for arranging that your services are renewed, and that Atlas Networks shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.
8. Overage Charges: Our service plans are designed to accommodate the majority of usage scenarios given the needs of our clients. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically without your prior consent if your account requires more resources.
9. Term: The license granted hereunder begins on the date at the beginning of this document and expires ___ year(s) later (“Initial Term”). After the Initial Term, this Agreement will continue month-to-month until terminated by either party by 30 days prior notice. Atlas Networks will use commercially reasonable efforts to keep the Agreement in effect for the initial Term. If Premises is in an Atlas leased space, the term of this Agreement will end automatically if Atlas's lease is terminated. Client may renew the license provided herein on the same terms and conditions, for an additional 1 year term, by giving Atlas 60 days written notice prior to the expiration of the Initial Term. If Client exercises such right to renew, Atlas Networks may adjust the monthly recurring charge for services set forth in Exhibit A of this Agreement, which will not exceed the percentage increase in the Consumer Price Index for the most recent three year period for which Consumer Price Index data has been published at the time of Client’s renewal. If you have purchased services or software from Atlas Networks, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide. You agree that you will be responsible for notifying Atlas Networks should you require to terminate your use of Atlas Networks’ services. Notification of your intent to terminate must be provided at least 5 days prior to your billing date (not due date) subject to any applicable term of service. Additional Products and/or Services added to your account will automatically extend your agreement for an additional 1 year unless an alternate term is defined on the additional order.
10. Termination: In the event that Client elects to terminate this Agreement prior to the end of the Term, or any effective renewal term, Client will be liable for 100% of all applicable charges for the balance of the contract term. In the event that Client breaches any provision of this Agreement and fails to cure such breach within 10 days after written notice of breach, Atlas Networks has the right to terminate this Agreement without prejudice to any other remedies Atlas Networks may have, and early termination charges will apply. Termination notice for month to month services require a minimum of 5 days notice prior to the next billing cycle; once a billing cycle has been processed the Client is responsible for payment for the invoiced services.
Non-performance Termination: The Client will have the right to terminate this agreement without penalty if Atlas Networks is unable to consistently adhere to the performance guarantees of the Service Level Agreement.
The Client must give written notice along with the details regarding the non-performance claim before the termination of this Agreement will be considered.
11 . Refunds/Account Termination: If, for any reason, Atlas Networks fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces Atlas Networks to suspend or terminate your services prematurely. Cancellations of accounts pre-paid will not receive a refund for the remainder of the billing period.
All dedicated and colocated servers are given access to bandwidth graphs which are updated in five minute intervals. These graphs are located in the client access area. All bandwidth billing is exclusively calculated based on the graphs provided. All leased and colocated server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. You will be billed on a per GB basis, as detailed in your plan, for all overages incurred in a given month. If you anticipate high bandwidth usage, please contact our sales department for further information on the availability of other plans with higher bandwidth allocations for lower rates. Plans involving 95th percentile billing are billed based upon peak usage per industry standards. Further in-depth information on 95th percentile metering may be found on the following site: http://en.wikipedia.org/wiki/Burstable_billing
14. Illegal Usage: Atlas Networks 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 is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Washington. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Atlas Networks services agrees to indemnify and hold harmless Atlas Networks from any claims resulting from the use of the service that damages the subscriber or any other party. No online pharmacies are allowed on our network. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. Atlas Networks will be the sole arbiter as to what constitutes a violation of this provision.
15. Security: Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
16. Backups: Whether a backup solution has been included or purchased as part of your solution or not, Atlas Networks is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups.
17. Client Responsibility: The Client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Client is responsible for securing their username/password. The Client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages).
18. UCE&M (Unsolicited Commerce Email & Material) – SPAM: Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, or promotional materials where examples of these include but are not limited to "junk mail," "instant messaging," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation from or through an Atlas Networks server or using an email address or system that is maintained by Atlas Networks is strictly prohibited. Atlas Networks will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through an Atlas Networks server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $500.00 fine, plus $1.00 per SPAM message sent fine, and will face an immediate suspension and/or termination.
19. Server Abuse: Any attempts to undermine or cause harm to an Atlas Networks server, service or client of Atlas Networks is strictly prohibited. Any sub-networks of Atlas Networks and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account abusing these policies without prior notice.
20. Service Level Agreement:
(a) Dedicated Hosting Server Hardware Replacement - Atlas Networks guarantees the functioning of all dedicated hardware and will replace any failed component at no cost to the client within 5 hours. This time frame is based on Atlas Networks’ receipt of client's support ticket concerning the hardware issue, Atlas Networks’ identification of the failed hardware and the scheduled maintenance window confirmed with the client. "Dedicated Hardware" means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware listed in the Service. Replacement Guarantee does not include the time required to rebuild a RAID array or the reload of the operating systems and applications or changes to dedicated hardware during maintenance, as defined herein:
Power and HVAC Availability: Power and HVAC systems will be available 100% of the time in a given month, excluding Maintenance, as defined below. "Infrastructure Downtime" means: (a) power or HVAC systems are not available and (b) Customer submits a support ticket detailing the unavailability of the power or HVAC systems resulting in customer downtime. Infrastructure Downtime does not include downtime issues related to power supplies on Customer's server.
Network Uptime: The network will be available 99.999% of the time, excluding Maintenance, as defined below. Customers are eligible for a credit for network downtime for any breach of this guarantee, which can be verified by Atlas Networks’ technical support team. "Network Downtime" is defined as an inability to transmit and receive data caused by failure of network equipment managed and owned by Atlas Networks, excluding Maintenance.
(b) Remedies – In the event Atlas Networks fails to meet the replacement guarantee or customer experiences Infrastructure Downtime or Network Downtime as outlined herein, provided Customer follows the procedures outlined herein, Atlas Networks will apply a credit ("Credit") to customer's account in an amount equal to five percent (5%) of the Net MRC for the affected service/product for each half hour of downtime or fraction thereof. "Net MRC" means the monthly recurring charge for hosting service for the server experiencing the issue excluding any add-on or optional services which are not included as part of the standard hosting plan but are included as part of such customer's monthly recurring charge.
In order to claim Credits, Customer must open a support ticket. All downtimes will be measured from the time the ticket is received and validated by Atlas Networks to the time Atlas Networks, in its sole discretion is able to resolve the issue. Customer may not receive more than one (1) Credit per incident and in no event will Customer receive greater than one month's Net MRC per incident under this SLA.
Customer must be an Atlas Networks customer in good standing to receive the credit. No Credit will be applied to accounts that are past-due or for accounts that are cancelled before the conditions for payment of the credit are met. Upon cancellation of the customer's account, any outstanding or previously accrued credits will be forfeited. Credits will not be applied against past due balances.
(c) Exceptions – Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by: (i) actions of the Customer or others authorized by Customer to use the Service under the Agreement; (ii) the failure of power, facilities, equipment, systems or connections not provided by Atlas Networks; (iii) the failure of Third Party Service to Atlas Networks’ network; (iv) application, software, or operating system failure, (v) the result of network maintenance activity, (vi) Denial of Service attack, hacker activity, or other malicious event or code targeted against Atlas Networks or an Atlas Networks Customer, or (vii) failure of any Network or Internet Infrastructure not owned or managed by Atlas Networks. Server Hardware Replacement guarantee does not include time required to perform data restores and backups if applicable.
(d) Maintenance – "Maintenance" means Scheduled Maintenance or Emergency Maintenance. Scheduled Maintenance" means any maintenance in the Atlas Networks data center (a) of which the customer is notified at least 24 hours in advance, or (b) that is performed during Atlas Networks’ standard maintenance windows. "Emergency Maintenance" means any maintenance in the Atlas Networks data center that: (a) in Atlas Networks’ sole discretion, is necessary to avoid an immediate threat to the data center or Customer's server and (b) of which Customer is notified. Any Emergency.
(e) Support Response Times – Support response times and services available are based upon Managed Services SLA customer subscribes to.
Standard Managed Services SLA – All clients are provided by default our Standard SLA. The response time to non-service effecting issues is 4 business hours excluding holidays. Response times to service effecting issues are within 4 hours, 24/7/365.
Enhanced Managed Services SLA - Clients opting for our Enhanced SLA will receive a response to non-service effecting issues within 4 business hours during normal business hours, and eight hours outside of normal business hours. Response times to service effecting issues are within 2 hours, 24/7/365.
Premium & Complete Managed Services SLA - Clients opting for our Premium Managed SLA will receive response times to non-service effecting issues 4 business hours during normal business hours, and eight hours outside of normal business hours. Response times to service effecting issues are within 2 hours, 24/7/365.
Response times are measured from the time the ticket is received and validated by Atlas Networks. Response times do not necessarily reflect the time required to resolve the issue, only that we recognize the issue and begin resolution. Only recognized SLA contact methods are via email or our website:
21. Actions Taken by Atlas Networks - The failure by a client to meet or follow any of the above policies/terms is grounds for account deactivation. Atlas Networks will be the sole arbiter as to what constitutes a violation of the AUP. Atlas Networks reserves the right to remove any account without prior notice. When Atlas Networks becomes aware of an alleged violation of its AUP, Atlas Networks will initiate an investigation. During the investigation, Atlas Networks may restrict a client's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Atlas Networks may, at its sole discretion, restrict, suspend, or terminate a Client’s account and/or pursue other civil remedies. If such violation is a criminal offense, Atlas Networks will notify the appropriate law enforcement authorities of such violation. Atlas Networks does not issue credits for outages incurred through service disablement resulting from AUP violations. Atlas Networks clients agree to indemnify and hold harmless Atlas Networks from any claims resulting from the use of our services that damages them or any other party. Atlas Networks expressly disclaims any representation or warranty that the Atlas Networks service will be error-free, secure or uninterrupted. No oral advice or written information given by Atlas Networks, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Atlas Networks 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.
22. Notices - All notices, consents, and other communications required or permitted must be in writing and must be mailed or delivered as follows (or to such additional or other persons, at such other address or addressees as may be designated by notice of the appropriate party): To Atlas Networks of Starbucks Center Suite 160, 2401 Utah Ave S., Seattle, WA, 98134 and to
Mailed communications must be sent by U.S. certified or registered mail, postage prepaid or by a generally recognized overnight delivery service such as Federal Express, and will be deemed effective upon delivery.
23. Limitation of Liability and Indemnification: Client will indemnify, defend and hold harmless Atlas Networks and its affiliates from and against any and all claims, demands, costs, damages, losses, liabilities and expenses of any nature (i) arising out of any and all claims, actions, suits or proceedings (“Claims”) relating to the installation and maintenance of the Equipment or Client’s use of the Equipment, (ii) arising out of any breach by Client of this Agreement, or (iii) otherwise arising from the negligence of Client, except to the extent that any of the foregoing arises from the negligence or willful misconduct of Atlas. Except as set forth above, neither Client nor Atlas will be liable to each other for any incidental, indirect, special, consequential, punitive or reliance damages of any nature whatsoever regardless of incidents unforeseen (including, but not limited to, any claim from any end user for loss of services, lost profits or lost revenues) arising under or in connection with this Agreement, or the performance under it, or arising out of any act or omission by either Atlas or Client, their respective employees, servants or agents. Neither Party will have any liability to the end users of the other for claims arising from the provision of the other party’s service to its end users. Atlas’s liability for damages associated with the installation, provision, termination or maintenance of service under this Agreement is limited to the proportionate monthly charge for the affected period.
24. Assignment: This Agreement is binding upon and inures to the benefit of the parties and their respective successors or assigns. Client may not sublease, sublicense, transfer or assign this Agreement, in whole or in part, to any third party without the prior written consent of Atlas Networks, which consent may be withheld in Atlas’s sole discretion.
25. No Waivers: A waiver by either party of the breach of any of the terms and conditions of this Agreement must not be construed to be a waiver of any succeeding breaches or of any other part hereof.
26. Nature of Relationship: Nothing contained herein shall be deemed to create a relationship between Atlas and Client of employer and employee, master and servant, principal and agent, contractor and subcontractor, co-ventures, partners or any similar relationships within the meaning of any law or otherwise. This Agreement shall not constitute either party as the agent for or principal of the other.
27. Representations and Warranties: Each party represents and warrants that it has taken all requisite corporate or partnership action to approve execution, delivery and performance of this Agreement and that this Agreement constitutes a legal, valid and binding obligation enforceable against it in accordance with its terms.
28. General Provisions: This Agreement will be construed under the laws of the State of Washington, without regard to choice of law principles; The terms and provisions contained in this Agreement that by their sense and context are intended to survive the performance thereof by the parties hereto will so survive, including, without limitation, the making of any and all payments due hereunder; Descriptive headings are for convenience only and will not affect the construction of this Agreement; Words having well-known technical or trade meanings will be so construed, and all listings of items will not be taken to be exclusive, but will include other items, whether similar to or dissimilar to those listed, as the context reasonably requires; No rule of construction requiring interpretation against the draftsman hereof will apply in the interpretation of this Agreement. This Agreement together with its exhibits and any additional attachments contains all agreements of the parties with respect to the Services to be licensed. No prior agreement or understanding pertaining to such Services will be effective. This Agreement may be modified in writing only when signed by the parties in interest at the time of modification.