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ATR/IHPS
provides web site hosting, web hosts, web hosting, web host services, web
hosting services, web hosting solutions, internet site hosting, internet
host, internet hosting, internet host services, internet hosting services,
internet presence provider, web publishing, web site publishing, home
pages, home page publishing, home page creation, high bandwidth,
e-commerce, electronic commerce, online catalogs, e-mail aliases,
unlimited e-mail, e-mail autoresponders, web domains, domain names, domain
name registration, ftp, search engines, search engine registration
Service Policy
This Service Policy (SP) specifies certain actions
prohibited by Advantage Tech Resources (ATR) and/or its
subsidiaries (such as Internet Home Page Services [IHPS]), for users
of ATR services. ATR reserves the right to modify this SP at any
time to remain in compliance with various laws, regulations and/or
security requirements. By using ATR services, any customer, employee
or third party unconditionally accepts the terms of this policy.
Illegal Use
ATR services may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation
of any applicable law or regulation coming to or from any
unauthorized network or system is prohibited. This includes, without
limitation, material protected by copyright, trademark, trade secret
or other intellectual property rights used without proper
authorization; government and military data protected by law and
national security; university and academic data protected by public
policy; and material that, in ATR's sole discretion, is obscene,
defamatory, constitutes an illegal threat, facilitates identity
theft or other fraud, or violates export control laws. Any violation
of the above, which compromises the integrity of the ATR service or
any other network is strictly prohibited.
Network and Machine Resources
ATR reserves the right to monitor and allocate
network and machine resources. IP addresses are allocated per server
and according to virtual server specifications. CGI resources are
allocated one per domain (a virtual host is required for each
cgi-bin and is considered a virtual host). ATR in its sole
discretion and upon reasonable notice to customer reserves the right
to discontinue any hosting account and/or any script which causes
excessive server load and/or uses excessive server and network
resources.
To protect Internet, network, and machine
resources on behalf of the entire ATR customer base, no individual
customer may do the following:
1. Offer adult content of any kind, as determined in ATR’s sole
discretion.
2. Utilize CGI/Perl chat, JAVA chat, or any other chat scripts in a
manner that adversely affects the operations or performance of other
ATR customers, or of the ATR service. The adverse effect of such use
shall be determined by ATR in its sole discretion.
Moreover, in a shared hosting environment, for the
same reasons indicated above, no individual customer may do the
following:
1. Use their web site to store web pages, files, or data for other
IP addresses or domain names, or as a repository for files, data, or
"Warez group" download transfer.
2. Use their web site for data transfer from any database server, or
for streaming audio and/or video downloads; or use their web site as
a storage area for files that are not linked to the customer’s web
pages hosted on the same web site on ATR’s servers.
ATR may immediately suspend service without prior
notice to any web site that violates these rules. In the event of
any dispute regarding these rules, ATR may determine violations of
these rules in its sole discretion.
Customers utilizing bandwidth in excess of plan
limitations, or in violation of these rules, will owe ATR
compensation therefore at the applicable rate for excess bandwidth.
System and Network Security
Violations of system or network security are
prohibited, and may result in criminal and civil liability. ATR will
investigate incidents involving such violations and may involve and
cooperate with law enforcement authorities if a criminal violation
is suspected. ATR respects the privacy of customer data and
vigilantly protects that data and all customers who host with ATR.
If any violation of the law or this SP is suspected, ATR reserves
the right to investigate. Use of the ATR service constitutes consent
to monitoring. Examples of unlawful acts, system, or network
security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks,
including any attempt to probe, damage, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner
of the system or network. Unauthorized monitoring of data or traffic
on any network or system without express authorization of the owner
of the system or network. Interference with service to any user,
host or network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system and broadcast
attacks. Unauthorized access to any data, system, or network from an
unauthorized system or network for any purpose which is not lawful
or which is intended to do harm. Forging of any TCP/IP packet header
or any part of the header information in an email or a newsgroup
posting. Electronic forging of any kind to include but not limited
to IP addresses, domains, business names, etc.
Email
Sending unsolicited email messages, including,
without limitation, unwanted advertising and informational
announcements, is explicitly prohibited, whether sent in bulk or
not, and whether commercial in nature or not. The use of ATR
resources to sell or enable the sale of "bulk" and/or
"stealth" email software (to include so-called
"spoof" software) is strictly forbidden. The use of ATR
resources to sell or enable the sale of software designed to
"harvest" email addresses is also categorically
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site owner. Legitimate
mailing lists and subscriber lists are acceptable. Otherwise, it is
spam.
Usenet
Posting the same messages to multiple newsgroups
(excessive cross-posting or multiple-posting, also known as
"Spam") is expressly prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY,
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN
ATR CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED
VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
For Example: If you are hosting a bulk email site
on ATR servers and you use another ISP to spam from, in order to
reference your ATR site by IP address or domain name, you are
violating ATR policy and possibly the law. If you have been granted
telnet access to ATR servers, multiple telnet log-ons are strictly
prohibited and you must come from a valid IP address. Forgery is
against the law. Any type of denial of service attack from valid or
invalid addresses is a violation of ATR security policy and against
the law. If you have been granted password privileges for FTP or
telnet, sharing your password with an unauthorized user or third
party is strictly prohibited. Complaints regarding illegal use,
system or network security issues, email abuse, USENET abuse, or
spam should be sent to
.
Copyright Infringement
The Digital Millennium Copyright Act provides
limitations for service provider liability relating to material
online with regard to information residing, at the discretion of the
user, on a system or network that the service provider controls or
operates. 17
U.S.C. § 512(c). For alleged copyright infringement go to
http://ihps.net/copyright.html.
Billing Procedures Policy
Updating Your Account Information
You must inform ATR of any changes to your customer information,
either by phone, at 888-803-2800, or by email, to
.
This includes addresses, phone numbers, contact names, and most
importantly, your email address. Many notices from ATR are sent via
email. It is essential that you ensure your contact information is
kept up to date with ATR. Disruptions in service could occur if your
account information is not kept current.
Collection Procedures
If your account becomes overdue (by passing 15 days beyond an
invoice or postmark date, whichever is later), ATR will attempt to
provide a written notice, either by email or U.S. Postal mail,
that your payment has not been received. If payment is not received
within 5 days of your receipt of this notice, your account may be
suspended and your service discontinued.
If your account is suspended, a reinstatement fee of $25 will be
assessed to your account.
If you fail to pay for services rendered, when your account becomes
more than 60 days past due, we will remove your data from our
servers and your delinquency will be reported to the credit bureau.
If we pursue any legal remedy and obtain judgment against you, we
will enforce that judgment. If you pay and we receive notice of
returned payment for any reason to include insufficient funds and/or
fraud, we will charge you any associated collection costs to include
attorney and collection fees.
If You Pay by Credit Card
If you pay by credit card, your credit card will be charged at the
time of setup for new services. For the recurring amount due for
existing services on your account, your credit card will be charged
on or about the first day of every month. Please ensure that
we have updated credit card information at all times. If your credit
card is declined, your account may be suspended. ATR will attempt to
provide an email notice that your credit card has been declined. If your account is suspended for a balance due, you will be
subject to a $25 reactivation fee.
If you initiate a chargeback through your credit card company for
any reason, ATR may at its own discretion immediately suspend your
account and discontinue your service. To reestablish your service,
ATR may require you to provide a secure form of payment, which, at
ATR's own discretion, may include a signed and notarized statement
that you authorize ATR, Inc. to charge your credit card for the
appropriate amount. This amount will include a $25 reactivation fee.
If You Pay by Personal or Company Check
If you pay by personal or company check, you will be invoiced at the
time of setup for new services, however, these services will not be
provisioned until we receive your payment. For the recurring amount
due for existing services on your account, you will be invoiced on
or about the first day of every month. Your payment will be
considered late 15 days after the invoice or postmark date,
whichever is later, after which point your service may be
discontinued, as set forth above in "Collection
Procedures."
Please ensure that we have your most recent contact information at
all times. If your account becomes past due, ATR will attempt to provide an email notice.
If your account is suspended for a
balance due, you will be subject to a $25 reactivation fee. You may
have to submit a secure form of payment to reestablish your service.
Please mail payments to:
Advantage Tech Resources
Web and Custom Design Division
4956 West 6200 South, #231
Salt Lake City, Utah 84118
Billing Cycle
ATR offers a monthly billing cycle to all customers for most plans.
Whether your billing cycle is monthly, semi-annually, or annually,
your bill will recur on the 1st day of the month. For most plans,
new services ordered will be pro-rated the first month. ATR does not
pro-rate all fees.
Disk Usage
If you require more disk space than the hosting option you are
currently on, additional disk space may be purchased in 5MB increments
at the rate of $1.00 per 5MB.
ATR will notify you via the email address on file for you if your
disk usage utilization exceeds the space allotted for the hosting
account option you have chosen. If you exceed your allotted disk
space, you may be required to purchase additional space in order to
restore all services for your account, or remove data to get your
disk space utilization under your allotted amount. If you do not
provide ATR an email address, you are in danger of not receiving
this important email.
Data Transfer
ATR charges $1.00 per 1GB should you exceed your allotted monthly
data transfer. ATR offers dedicated bandwidth packages for customers
who require greater amounts of bandwidth. Only a handful of
customers exceed ATR's generous data transfer allocations.
Email Accounts
If you require more email accounts than the hosting option you are
currently on, additional accounts may be purchased in 5 account
increments at the rate of $1.00 per 5 accounts.
Upgrade Policy
If you upgrade, your next statement will reflect the difference
between what you are currently paying and the fee for your new
service. A setup fee is required for some upgrades.
Late Fee
In the event that your account was suspended due to nonpayment, your
payment must include the $25.00 reinstatement fee for your account
to be reactivated. You may provide credit card information to ATR at
888-803-2800, or you may send us a money order via your preferred
overnight courier.
Canceling Your Account
In the interest of security, ATR provides a toll free number
(888-803-2800) so that you may make contact directly. To properly
close your hosting account, ATR MUST receive the request in writing
(email is sufficient, but you should verify, by direct contact, ATR's
receipt of such an email request). You will be contacted to confirm
the cancellation request before your account is closed.
Service Agreement
THIS AGREEMENT is made and entered into between
Advantage Tech Resources, Inc., and/or its subsidiaries
(hereinafter referred to as "ATR") and you, the Customer (“Customer”),
who wish to use the below-described Service(s) of ATR in accordance
with this Agreement, to include any of ATR's application/order
forms, and its various policies, which may be located on the World
Wide Web at http://atrinc.net
and its various subdirectories (such as http://ihps.net).
You and ATR are collectively referred to in this Agreement as the
“parties.”
NOW, THEREFORE, in consideration of the foregoing
premises and of the mutual promises hereinafter set forth, the
parties hereto agree as follows:
1. Definitions. a. “Agreement” shall refer to the
complete and entire understanding between the parties, exclusively
represented by the totality of the following documents: this
instrument, which you are now reading; the ATR application/order
form for Web space and Services; ATR’s Service Policy (SP); and
ATR’s Billing Procedures Policy (BPP). The term “Agreement”
shall not refer to any statement, supposition, or understanding not
recorded in writing in the above-listed documents.
b. “Registered Name” shall refer to a domain name, whether
consisting of two or more levels, about which the Registry Operator
of a Top Level Domain (TLD), or an affiliate engaged in providing
Registry Services, maintains data in a Registry Database, arranges
for such maintenance, or derives revenue from such maintenance. In
essence, a Registered Name is a domain name that is registered with
or through a Registry Operator.
2. Service Description.
As a World Wide Web, Information Technology, and
Internet Service Provider, ATR provides Internet Web hosting,
ecommerce, domain registration, and associated services, hereafter
referred to as the "Service" or “Services.” Customer
wishes to connect to the Web and establish an Internet Web presence
by utilizing the various resources of ATR’s Services. The
quantity, type, and duration of Services provided to Customer shall
be as Customer has already affirmatively selected in the ATR
application/order form. (See summary of options in paragraph 18,
below.)
3. Conditions.
a. The ATR application/order form for Services; ATR’s SP, and ATR’s
BPP are incorporated herein by reference, as if fully set out. The
foregoing constitute a legal and binding contract between ATR and
Customer, which does not extend to any other person or entity.
b. Customer may resell to third parties, but is responsible for
third party activities and content, and is bound by the terms of
this Agreement.
c. The duration of this Agreement, as to its Initial Term and any
renewal thereof, shall be as Customer has already affirmatively
selected on the ATR application/order form. (See summary of options
in paragraph 18, below.)
d. In accordance with the BPP, ATR will bill Customer, and Customer
shall pay, for excess resources used by Customer, such as data
transfer, disk space usage, and virtual host limits. If Customer
exceeds the virtual host limit for a particular ATR service plan,
however, ATR will automatically upgrade Customer’s account to the
next-higher service plan, and bill Customer according to the
upgraded plan, and Customer will pay according to the upgraded plan.
e. Also in accordance with the BPP, cancellations made after an
application has been received by ATR, and after Web space has been
set up by ATR, do not nullify Customer responsibility to pay costs
incurred by ATR in setting up said Web space. To protect Customer’s
data from malicious deletion or other tampering, and to protect ATR
from liability therefore, all cancellations by Customer must be
accomplished exactly as specified in the ATR BPP.
4. Warranties and Limitation of Liability. With respect to the Services to be
provided hereunder, Customer understands and acknowledges that ATR
MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED.
Customer further agrees that ATR shall not be liable to Customer for
any claims, damages, or loss of profit which may be suffered by
Customer or any other entity in any respect for direct, indirect,
consequential, actual, or punitive damages arising out of or in
relation to the Services provided hereunder, including, but not
limited to, losses or damages resulting from loss of data due to
delays, non-deliveries, or Service interruptions. The utilization of
any data or information received by Customer from use of the
Services to be provided by ATR is at Customer's sole and absolute
risk. ATR specifically disclaims and denies any responsibility for
the completeness, accuracy, or quality of such data or information.
5. Trademarks.
a. Customer shall not use the ATR name, trademarks, trade names, or
logos in connection with the operation of Customer’s business,
except as may be provided for in this Agreement. Neither party shall
use the other party’s name, trademarks, or logos in either its own
corporate name or in any fictitious name. Neither party nor its
employees or agents shall knowingly remove or alter any trademark,
trade name, copyright, or other proprietary notices, legends, or
symbols from any of the other party’s products or documentation or
intellectual property.
b. Neither party shall take any action, or intentionally omit to
take any action, that would jeopardize, limit, or interfere in any
manner with the ownership of the other party in the other party’s
products, services, documentation, or intellectual property. Title
to and ownership of all copies of any products, services, software,
documentation, or Internet services developed by or for ATR or owned
by ATR through the term of this Agreement, whether in
machine-readable or printed form, and including, without limitation,
any derivative works, compilations, or collective works thereof, and
all related technical know-how, and all rights therein (including
without limitation rights in patents, copyrights, and trade secrets
applicable thereto), are and shall remain the exclusive property of
ATR and its suppliers. Customer shall not take any action to
jeopardize, limit, or interfere in any manner with ATR’s ownership
and rights therein.
c. Customer agrees not to disassemble, de-compile, or
reverse-engineer any of ATR’s Internet software.
6. Confidentiality and Non-Competition.
a. Customer and ATR hereby agree not to disclose or use, and to
assure that their employees and agents do not disclose or use, any
confidential information belonging exclusively to one another (“one
another’s Confidential Information”). Customer and ATR
acknowledge that the following materials and information, and all
copies thereof, constitute one another’s Confidential Information:
b. Lists of subscribers, customers, or clients, including without
limitation information about their occupation, credit card numbers,
information, and preferences; and the results of market research
performed or obtained by one another concerning any such
subscribers, customers, or clients;
c. Information belonging to and/or concerning one another which is
not generally known by or disclosed to the public, including without
limitation information regarding one another’s hardware, software,
personnel, finances, business plans, computer programs, code,
algorithms, expertise of employees and consultants, know-how,
formulas, processes, ideas, inventions (whether patentable or not),
schematics, and other technical, business, financial and product
development plans, forecasts, strategies, and any other information
marked “Confidential”; and
d. Both parties acknowledge that the other party’s above-listed
Confidential Information is valuable, special, and unique; that its
unauthorized disclosure or use will cause irreparable injury to the
other party; that immediate injunctive and/or other equitable relief
will be necessary and appropriate to remedy an unauthorized
disclosure or use of such information; and that such relief may
include without limitation a Temporary Restraining Order (obtained ex
parte) as well as permanent injunctive or other relief.
e. Customer shall not cause or attempt to cause any Employee or
Agent of ATR, or of ATR’s subsidiaries, to terminate his/her
employment or agency during the term of this Agreement. Customer
further agrees not to cause or attempt to cause any of ATR’s
customers, their agents, or their employees to terminate their
respective relationships with ATR, or with any of ATR’s
subsidiaries.
f. Upon termination of this Agreement, each party agrees to return
to the other party, within a reasonable time period, any and all
Confidential Information and other materials belonging to the other
party.
g. This Paragraph 6 will survive the termination of this Agreement
for a period of two (2) years.
7. Payment Policies.
a. The following is intended to supplement the ATR BPP by providing
a context for it, without conflicting therewith.
b. As consideration for ATR’s promise to provide to Customer the
Services described hereunder, Customer agrees to pay ATR, at the
time of submitting the application and order, all the ATR fees for
the Services which Customer has ordered, regardless of the service
plan/payment selections Customer has already affirmatively made on
the ATR application/order form. (See summary in paragraph 18,
below.)
c. All set-up and Initial Term fees are non-refundable, in whole or
in part, even if Customer's Web hosting or other Service account
shall be suspended, cancelled, or transferred prior to the end of
Customer's then-current term. Any termination or cancellation by ATR
or Customer shall not relieve Customer of the obligation to pay all
fees accrued prior to such termination or cancellation.
d. Customer’s set-up fee and first payment are due at the time the
application is filled out and submitted to ATR. Customer will
thereafter be billed according to the ATR BPP.
e. If Customer pays by check, restrictive endorsements or other
statements on checks accepted by ATR shall have no effect. Customer
shall reimburse ATR for all administrative costs (including
reasonable attorney fees) associated with collecting delinquent or
dishonored payments, to include chargebacks. Customer will be
responsible for a $15.00 fee for each returned (Non-Sufficient Fund
[NSF] or "bounced") check. At ATR's sole option,
interest charges may be added to any past due amounts at the lower
of 1.5% per month or the maximum rate allowed by law.
f. In the event that Customer fails to pay for Services, ATR shall
be entitled to unilaterally suspend its obligation to perform under
this Agreement, in whole or in part, and to discontinue all or some
Services, at its option, until payment is made as specified in the
BPP. Moreover, in the event of failure to pay by Customer and/or a
chargeback by a credit card company (or similar action by another
payment provider allowed by ATR) in connection with payments for the
Services, Customer agrees and acknowledges that, in ATR’s sole
discretion, Customer’s Registered Name (domain name) registration
shall be transferred to ATR, and that ATR shall thereupon possess
all rights regarding such Registered Name registration including,
without limitation, the right to make said Registered Name available
to other parties for purchase, for the purpose of recovering the sum
that Customer has failed to pay. ATR may reinstate Customer's
Registered Name registration at ATR's sole discretion, and will
reinstate such following ATR's receipt of payment in full from
Customer (unless ATR has already sold the Registered Name
registration to a third party, under the above provisions of this
Agreement).
8. Breach and Revocation.
In the event that ATR may at any time believe that the Service is
being utilized for unlawful purposes by Customer, or in
contravention of the terms and provisions of this Agreement, ATR may
unilaterally and immediately discontinue such Service to Customer
without liability. Without limitation, this provision will include
adult-content matters, unsolicited bulk emailings, and failure to
pay in accordance with the ATR BPP.
9. Security Interest in Customer's Data and Registered Name
(Domain Name) Registration Rights.
Customer agrees that ATR and/or its subsidiaries shall have a
security interest in Customer’s data and in Customer’s
Registered Name registration, and shall have the right in ATR’s
sole discretion to suspend, cancel, transfer, or modify Customer's
Web hosting account and Registered Name registration in the event
that Customer fails to pay or otherwise breaches this Agreement.
Customer understands and acknowledges that by placing Customer's
Registered Name and Customer's information on ATR's servers,
Customer has granted ATR and its subsidiaries a security interest in
Customer's Registered Name registration and customer's data.
Customer acknowledges and agrees that Customer's Registered Name is
subject to suspension, cancellation, or transfer by any ICANN
procedure, by any Registrar or Registry Operator procedures approved
under an ICANN-adopted policy, or by any other TLD Registry Operator
procedures as the case may be, for the resolution of disputes
concerning the Registered Name. Customer further agrees and
acknowledge that ATR owns all databases; compilations; collections;
and similar rights, titles, and/or interests worldwide in the Web
hosting and Registered Name databases generated by information
relating to ATR and ATR subsidiary customers, and all information
and derivative works generated from the Web hosting and Registered
Name databases to include but not limited to:
a. the original creation date of the Registered Name registration;
b. the expiration date of the Registered Name registration;
c. the name, postal address, e-mail address (which ATR may alias for
purposes of transfers), voice telephone number, and where available,
fax number(s) of the technical contact, administrative contact, zone
contact, and billing contact for the Registered Name registration;
d. any remarks concerning the Registered Name that appear or should
appear in the WHOIS or similar database;
e. any other information ATR generates or obtains in connection with
the provision of Registered Name registration and/or Web hosting
services.
10. Default, Acceleration and Waiver of Notice. Should Customer fail to pay Customer's
bill as required by this Agreement, or should Customer otherwise
breach this Agreement, ATR may declare Customer in default and
require Customer to pay the entire debt immediately and without
prior notice. Further, in the event of default, ATR may act, in its
sole discretion, as Customer's Attorney-in-Fact to execute actions
or proceedings in connection with this Agreement, including, but not
limited to, selling or otherwise disclosing Customer data and/or the
Registered Name registration.
11. Indemnification. Customer shall indemnify and hold harmless
ATR from any and all loss, cost, expense, and damage on account of
any and all manner of claims, demands, actions, suits, proceedings,
judgments, costs, and expenses that may be initiated against ATR and
ATR's officers, directors, and employees for any Service provided to
Customer by ATR, to include Web space content that violates any
copyright, trademark, or service mark; any proprietary right of any
person or entity; any state and/or federal laws or regulations; or
contains any defamatory matter.
12. Changes in Terms of Agreement. ATR reserves the right to make changes to
the terms and conditions of this Agreement at any time, and to the
on-line application/order form, to include pricing of the Services,
advising of the change and the effective date thereof by publishing
it to the appropriate ATR Web site, but with changes in fees being
effective only at the end of any period for which Customer has
prepaid. Utilization of the Service(s) by Customer following the
effective date of such change(s) shall constitute acceptance by
Customer of such change(s). Customer is solely responsible for
staying informed with respect to changes in this Agreement, to
include the application/order form, the SP, and the BPP, all of
which are published on-line, and are readily available for public
viewing.
13. Entire Agreement and Understanding. This instrument -- together with the
application/order form for Web space and Services, ATR's SP, and
ATR's BPP, all of which are published on ATR's Web site and are
incorporated herein by reference -- constitutes the entire Agreement
between the parties, and represents the complete and entire
understanding of the parties with respect to the subject matter of
this Agreement.
14. Relationship. The parties hereto are independent
entities. Nothing in this Agreement shall be construed to constitute
Customer an agent, employee, partner, independent contractor, joint
venturer, or any other similar entity.
15. Governing Law. This Agreement shall be governed by the
laws of the State of Utah in the USA without regard to such State's
laws and rules concerning conflicts of laws. Each party agrees that
jurisdiction and venue for any and all claims, disputes, or other
matters arising out of the Services provided herein and under this
Agreement will only lie in Salt Lake County, Utah. If any action at
law or in equity is brought to enforce or interpret the provisions
of this Agreement and Services provided herein, the prevailing party
in such action shall be entitled to all reasonable costs to include
attorney fees.
16. Severability. In the event that any term or provision of
this Agreement is held by a court of competent jurisdiction to be
illegal, unenforceable, or invalid in whole or in part for any
reason, the remaining provisions of this Agreement shall remain in
full force and effect.
17. Interpretation. The format, words, and phrases used herein
shall have the meanings generally understood thereby in the
Computer/Software/Internet Industries. This Agreement shall be
construed according to its plain meaning. In the event any ambiguity
shall be found herein, interpretation shall be based on the intent
of the parties, rather than a construction automatically against the
interests of the drafting party.
18. Service Plan/Payment Options. Customer understands that Customer has
already affirmatively selected one of the following service
plan/payment options on the ATR application/order form, which is
incorporated herein by reference. The options are summarized
immediately below:
a. Option 1. Term of one (1) month
shall begin on the date of application. Customer pays for the one
month of Services in one installment, said installment being
nonrefundable, at ATR's sole discretion. Thereafter, renewal terms
ONE MONTH IN DURATION shall be automatic unless one of the parties
cancels, in accordance with the BPP, within 30 calendar days of the
end of the then-current term.
b. Option 2. Term of six (6) months
shall begin on the date of application. Customer pays for the six
months of Services in one initial prepay installment, such payment
being nonrefundable, at ATR's sole discretion. Thereafter, renewal
terms SIX MONTHS in DURATION shall be automatic unless one of the
parties cancels, in accordance with the BPP, within 30 calendar days
of the end of the then-current term.
c. Option 3. Term of twelve (12) months
shall begin on the date of application. Customer pays for the twelve
months of Services in one initial installment, such payment being
nonrefundable, at ATR's sole discretion. Thereafter, renewal terms
TWELVE MONTHS in DURATION shall be automatic unless one of the
parties cancels, in accordance with the BPP, within 30 calendar days
of the end of the then-current term.
IN WITNESS WHEREOF, the parties hereto, intending
to be legally bound hereby, and in consideration of the covenants
and agreements contained herein, do hereby execute this instrument,
with each party warranting its ability to enter into this Agreement
for the person or entity herein named as a party hereto. By filling
out the online application/order form directly, using a dial-up IP
address captured and logged by ATR (or by placing a recorded
telephonic order with an ATR representative from a valid telephone
number which is logged by a PBX system), Customer agrees to all the
terms and conditions of this Agreement.
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