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Terms of Service | Atomicpages

AtomicPages Terms of Service

    1. Term and Payment for Services
    2. Use of Services
    3. Enforcement
    4. Intellectual Property Rights
    5. Warranty and Warranty Disclaimer
    6. Limitation and Exclusion of Liability
    7. Indemnification
    8. Miscellaneous

    This Services Agreement ('Agreement') governs your purchase and use of all services provided by AtomicPages and in order to use the services you must accept this Agreement.

    Notwithstanding, by using the services, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained here as well as all acceptable use policies incorporated by reference.

    AtomicPages (the 'Site') reserves the right to change, modify or delete any of the terms and conditions contained in this Agreement, and add anything at its sole discretion, and to determine whether or not these changes apply to existing and new customers. Any changes or modification will be effective upon posting of the revisions on the AtomicPages Web site. Your continued use of Services following AtomicPages's posting of any changes or modifications will constitute your acceptance and acknowledgement of such changes or modifications.

    § 1. Term and Payment for Services

    1.1. Term This Agreement

    The term of this Agreement shall be for an 'Initial Term' as chosen by you in the Order Form located on this Site at the time you register for the Services. 'Initial Term' is defined as when the user uses the service and when the user has to pay a fee for the Service that user purchases. This Agreement will be automatically renewed (the 'Renewal Term') at then end of the Initial Term and will be renewed with every subsequent Renewal Term unless you provide AtomicPages with notice of termination no less than five (5) days prior to the end of the Initial Term or applicable Renewal Term. You must provide AtomicPages with your notice of termination by clicking on the 'Cancel Service' button located on the Site or as otherwise provided by this Agreement. Upon clicking on the 'Cancel Service' button, you will be asked to provide AtomicPages with sufficient customer identification information so that AtomicPages may properly identify you and your account. Any notice of termination will be effective following seven days after AtomicPages's receipt thereof.

    1.2. Termination Policy:

    If you terminate the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, AtomicPages will not refund to you any fees paid in advance of such termination. AtomicPages reserves the right to cancel a customer's service at any time. If the cancellation is caused by customers' violation of these policies, then the refund will be pro rated for the unused days in a given term. Your termination request or notice must be submitted to AtomicPages in the manner described in Section 1.1. AtomicPages may terminate this Agreement at any time and for any reason in its sole discretion.

    1.3 Default and Cure:

    In the event AtomicPages defaults in the performance of any of its material duties or obligations under this Agreement and such default is not cured within thirty (30) days after written notice is given to AtomicPages specifying the default, then the user may terminate this Agreement. If, at AtomicPages sole discretion, it is not practicable or possible to cure a particular defect within 30 days, AtomicPages shall have a reasonable amount of time to cure such breach, or may elect to terminate this Agreement.

    1.4. Charges:

    You agree to pay for all charges attributable to your use of the Services at the then current AtomicPages prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on AtomicPages's net income.

    1.5. Payment:

    No Services will be rendered prior to receipt by AtomicPages of the initial payment. Once payment is received, user's account will be activated. The next payment will be due at the end of the initial term. Each subsequent payment will be due at the end of each renewal term. Customer will be notified 10 days via email prior to the due date. If payment has not been recieved 5 days after due date, the account will be suspended. Should user's account be terminated for failure to make timely payments, a reactivation fee equal to 10% of the amount overdue will be charged to reactivate the account. All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to paypal, or receive an invoice and submit subsequent payment. You agree to pay to AtomicPages the amount indicated in each invoice by the due date reflected on that invoice.

    1.6 Down Payment:

    A down payment may be requested by AtomicPages prior to any development, design, or markup projects. The down payment must be paid in full before AtomicPages begins any work on the service(s) that you request. Upon successful payment, AtomicPages will begin fulfilling the service(s) that you requested from AtomicPages. Upon completion of the service(s) that you hired AtomicPages to fulfill, payment in whole will be expected before you receive the final product from AtomicPages. AtomicPages will NOT make any effort to refund any down payment made for its service(s) which you requested AtomicPages to fulfill nor will AtomicPages forfeit any work prior to termination of the agreement made by you. In the event AtomicPages feels it cannot fulfill the task requested after a down payment has been made, the down payment will be refunded in whole. It is AtomicPages' full discretion to forfeit any work that is done until the point where the agreement is terminated by AtomicPages.

    1.7. Refund Policy:

    Customer has an initial thirty (30) day 'trial period' to use AtomicPages Services. Within this trial period, customer has the right to cancel or demand a full refund if they are not satisfied with the Web Hosting Service (Domain Names, Custom Design, Theme Development and Custon Development are not applicable for refund). However, after this trial period, customer will not be entitled to a full refund and customer will be billed until Services are canceled or the Agreement is terminated. Accounts purchased under any AtomicPages promotion (with our without coupon code) are EXCLUDED from the 30 day money back guarantee.

    1.8. Automatic Billing

    If you have a credit card on file, you authorize AtomicPages to automatically charge the card upon due date.

    1.9. Overdue Billing

    If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorize AtomicPages to charge the credit card it has on file.

    1.10. Debt

    If overdue accounts remain unpaid for a period of 30 days, AtomicPages may pass your details to a 3rd party debt collection company or sell the debt. In such cases, AtomicPages will impose a $150.00 collections & administration fee.

    § 2. Use of Services

    2.1. Acceptable Use Policy:

    The AtomicPages Acceptable Use Policy (the 'Usage Policy') governs the general policies and procedures for use of the Services. The Usage Policy is posted on AtomicPages's Web site and may be updated from time-to-time. You should carefully read the usage policy. By using the Services, you agree to be bound by the terms of the usage policy and modifications thereto. AtomicPages reserves the right to terminate your account for ANY violation of the usage policy or of this Agreement, or for any other reason in AtomicPages sole discretion. If you are not sure whether or not your material is a violation of the Usage Policy or Agreement then please Contact Us.

    2.2. Material and Product Requirements:

    Unless Atomicpages and you have agreed otherwise in a separate agreement, you must ensure that all material and data placed on AtomicPages's equipment is in a condition that is 'server-ready', which is in a form requiring no additional manipulation by AtomicPages. AtomicPages will make NO effort to validate any of this information for content, correctness or usability. You are responsible for the readiness, correctness and usability of your website. If your material is not 'server-ready', AtomicPages has the option, at any time, to reject this material. AtomicPages will notify you of its refusal of the material and provide you with the opportunity to amend or modify the material to satisfy the needs and/or requirements of AtomicPages. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not AtomicPages's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and AtomicPages. If you do not know how to create and maintain a website then please visit our Services page for more details on the Services we offer that may assist you.

    2.3. Bandwidth and Storage Usage:

    You agree that as a condition to your use of the Services under this Agreement you will not exceed the bandwidth and storage usage limits set out upon your purchase of any Web Hosting plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you hereby agree to pay the associated additional charges.

    2.4. Content:

    All Services provided by AtomicPages are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. Any content that AtomicPages sees as violation of this Agreement may result in the termination of your account. The subscriber agrees to indemnify and hold AtomicPages harmless from any claims resulting from the subscriber's use of AtomicPages's services which damages the subscriber or any other party.

    Examples of prohibited content or links include (but are not limited to):

    • Pirated software
    • Hacking sites, programs or archives
    • Warez, Warez Linking, Nulled Scripts Sites
    • Distribution of music files or any other material in which the account holder does not own the copyright.

    § 3. Enforcement

    3.1. Investigation of Violations:

    AtomicPages may investigate any reported or suspected violation of this Agreement, its policies or any complaints and to take any action that AtomicPages deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. AtomicPages will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

    3.2. Actions:

    AtomicPages reserves the right, and has absolute discretion, to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws at any given time and without your prior consent. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, AtomicPages may immediately take corrective action, including, but not limited to,

    1. issuing warnings,
    2. suspending or terminating the Service,
    3. restricting or prohibiting any and all uses of content hosted on AtomicPages's systems, and/or
    4. disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by AtomicPages which, in AtomicPages's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes AtomicPages to civil or criminal liability or public ridicule
    5. or removing the content from our server without warning you.

    It is AtomicPages's policy to terminate repeat infringers. AtomicPages's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If AtomicPages takes corrective action due to such possible violation, AtomicPages shall not be obligated to refund to you any fees paid in advance of such corrective action.

    3.3. Disclosure Rights:

    To comply with applicable laws and lawful governmental requests, to protect AtomicPages's systems and customers, or to ensure the integrity and operation of AtomicPages's business and systems, AtomicPages may access and disclose any information it considers necessary or appropriate, including and without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on AtomicPages's servers and systems. AtomicPages also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

    § 4. Intellectual Property Rights

    4.1. Your License Grant to AtomicPages:

    You hereby grant to AtomicPages a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly

    1. grant to AtomicPages a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and
    2. agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

    4.2. AtomicPages Materials and Intellectual Property:

    All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by AtomicPages or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by AtomicPages to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of AtomicPages or its suppliers, including but not limited to, any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by AtomicPages during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

    4.3. Trademarks:

    You hereby grant to AtomicPages, a limited right to use your trademarks, if any, for the limited purpose of permitting AtomicPages to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense the use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement unless specified otherwise in a separate agreement between you and AtomicPages.

    § 5. Warranty Disclaimer

    5.1. Customer and/or Third Party Acts:

    AtomicPages is NOT responsible in any manner for any non-conforming Services to the extent caused by you or your customers. In addition, AtomicPages is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond AtomicPages's control.

    5.2. No Express or Implied Warranty:

    All Services, systems and products provided by AtomicPages under this Agreement are provided without any express or implied warranty fact or law, whatsoever. You hereby acknowledge and agree that AtomicPages exercises NO control over, and accepts NO responsibility for the content of the information passing through AtomicPages's servers, network hubs, or the internet. AtomicPages does not warrant or guarantee that the operation of the Services will be uninterrupted or error-free, or completely secure and does NOT make any warranties with respect to patent, copyright, trade secret, or trademark infringement. All services performed under this Agreement are performed without warranty or guarantee against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except, as expressly provided this Agreement, AtomicPages does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties or guarantees, arising by law or otherwise, regarding the Services, including and without limitation, implied warranties of merchantability, fitness or a particular purpose, or conditions of quality, and any warranties and guarantees with respect to patent, copyright, trade secret and trademark infringement.

    5.3 Your Warranties and Representations to AtomicPages:

    You warrant, represent, and covenant to AtomicPages that

    1. you are at least eighteen (18) years of age or are a duly organized and validly existing entity;
    2. you possess the legal right and ability to enter into this Agreement;
    3. you will use the Services only for lawful purposes only and in accordance with this Agreement and all applicable policies and guidelines;
    4. you will be financially responsible for the use of your account;
    5. you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other third-party content;
    6. you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including and without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and
    7. your content and/or any software that you install or provide does not and WILL NOT infringe or violate any right of any third party (including but not limited to, any intellectual property rights and copyrights) or violate any applicable law, regulation or ordinance.

    § 6. Limitation and Exclusion of Liability

    6.1. Limitations:

    In no event shall AtomicPages have any liability whatsoever for damage, unauthorized access to, alteration of, theft or destruction of information provided to AtomicPages. AtomicPages shall have no liability under this Agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if AtomicPages has been advised of the possibility of such damages. The liability of AtomicPages to you for any reason and upon any cause of action shall be limited to the amount actually paid to AtomicPages by you under this Agreement during the twenty (20) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. The fees for the services set by AtomicPages under this Agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release AtomicPages from any and all obligation, liabilities, and claims in excess of the limitation stated in this section 6.1. Because some states do not allow the exclusion or limitation of liability for consequential of incidental damages, such states, our liability is limited to the extent permitted by law.

    6.2. Interruption of Service:

    You hereby acknowledge and agree that AtomicPages will not be liable for any temporary delay, outages or interruptions of the Services. Furthermore, AtomicPages shall not be liable for any delay or failure to perform its obligations under this Agreement, whether or not such delay or failure results from a cause beyond its reasonable control (including and without limitation, any mechanical, electronic, packet loss, server crashes, communications or third-party supplier failure).

    6.3. Maintenance:

    You hereby acknowledge and agree that AtomicPages reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. When possible, AtomicPages may attempt to notify you of pending maintenance; however, AomicPages at no time is under any obligation to inform you of such maintenance.

    § 7. Indemnification

    You will defend, indemnify and hold harmless AtomicPages and its officers, directors, employees, consultants, agents, affiliates and suppliers ('Indemnities') from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnities by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to:

    1. your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline;
    2. your conduct, including but not limited to your negligence, gross negligence, or willful misconduct;
    3. your use of the Services, including any improper or illegal uses;
    4. any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by AtomicPages; or
    5. any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

    § 8. Miscellaneous

    8.1 Confidentiality:

    The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement or otherwise required by law. 'Confidential Information' means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include

    1. information in the public domain;
    2. information developed independently by a party without reference to information disclosed under this Agreement; or
    3. information received from a third party without restriction and/or breach of this or a similar Agreement.

    It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

    8.2. Notices:

    All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, or electronic mail, shall be deemed to have been duly given when delivered.

    8.3. Choice of Law and Forum:

    This Agreement, will be governed by the laws of the united states and the state of California, without reference to rules governing choice laws. Any action relating to this Agreement must be brought the Federal of state courts in California, and you irrevocable consent to the jurisdiction in such courts. It is hereby agreed and understood that this Agreement is entered into and will be performed in San Diego County, California, and that all payments under this Agreement and the use of Services shall be received in San Diego County, California.

    8.4. Entire Agreement This Agreement:

    This Agreement, together with all policies and guidelines incorporated in this Agreement by reference, constitute the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties. No understandings or representations made prior to this Agreement shall be binding or effective in any way, and user hereby acknowledges that user is not relying on any such representations in any way.

    8.5. No Fiduciary Relationship;

    No Third Party Beneficiaries: AtomicPages is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

    8.6. Assignments:

    You may not transfer or assign your rights, duties, or obligations under this Agreement without AtomicPages's prior written consent. AtomicPages may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

    8.7. No Waiver:

    AtomicPages's failure to enforce the strict performance of any part of this Agreement will not constitute a waiver of AtomicPages's right to subsequently enforce such parts or any other parts under this Agreement.

    8.8. Severability:

    If any part of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, then only the parts that are legal shall be enforced, and the remainder of the Agreement shall remain in full force and effect. If any part of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, then the term or part shall remain in full force and effect with respect to all other applications.

    8.9. Survival:

    All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

    8.10. Modification:

    AtomicPages reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice.