Terms
and Conditions
1.
Registration Requirements:
Any
potential customer signing up for an Atlantic.Net account
must be 18 years of age or older and provide current and
accurate billing information including legal name, address,
telephone number, and billing method. The customer is responsible
for reporting any and all changes, including new or updated
credit card and/or bank information. Atlantic.Net is not
responsible for any damages, financial or otherwise, which
may accrue due to a misrepresentation of or failure to report
current and accurate billing information.
2.
Privacy:
Atlantic.Net
maintains a strict privacy policy. Only the individual whose
name is upon the account(s) will be permitted to request
changes to said account(s). Likewise, inquiries into customer
information will be answered to the account holder only.
3.
Telephone Numbers & Fees:
Atlantic.Net
provides local access phone numbers in select cities. It
is the customer's responsibility to ensure that their computer
is dialing a local phone number before using the service.
Atlantic.Net shall not be responsible for any long distance
charges incurred by those who utilize our dial up service.
If you have questions regarding the local/long distance
status of one of our access numbers, please consult your
long distance carrier prior to connecting to Atlantic.Net.
4.
Billing Deadlines:
Service
fees are billed in advance. Invoice customers must have
payment to Atlantic.Net by the last day of the month prior
to the service period. Credit card and direct debit customers
will be billed between the 15th and 20th of the month for
service beginning in the following calendar month. Customers
making late payments are subject to a $5.00 late fee.
5.
Cancellation:
A request
to cancel your account must be received on or before the
last day of the current billing cycle in order to cancel
effective at the end of that billing cycle. Customers who
cancel under these parameters will be eligible for a refund
of prepaid amounts for future billing cycles. All others
will receive service through the end of their current cycle;
service fees already paid will not be returned.
6.
Insufficient Funds Fee:
If a
check or direct debit is returned marked "insufficient
funds" by your financial institution, you will be subject
to automatic suspension of the account, a $15.00 "insufficient
funds" penalty and a $5.00 account reactivation fee.
7.
Late Fees:
Accounts
not prepaid by the end of the month will automatically be
suspended and charged a $5.00 late fee.
8.
Appropriate Usage & Indemnification:
Atlantic.Net
accounts may only be used for lawful purposes.
- Transmission
of any material in violation of any federal or state
regulation is prohibited. This includes but is not limited
to copyrighted material, threatening or obscene material
or material protected by trade secret. You agree to indemnify
and hold harmless Atlantic.Net from any claims resulting
from your use of the service which damages you or any
party.
- Atlantic.Net
makes no warranties of any kind, whether express or
implied, as to the availability, accuracy, or content
of the information, products or services it is providing.
Atlantic.Net disclaims any warranty of merchantability
or fitness for a particular purpose. Atlantic.Net will
not be responsible for any damage you suffer from use
of its service including, but not limited to, loss of
data, delays, misdeliveries or service interruptions caused
by Atlantic.Net negligence or your own errors or omissions.
- Use
of any information, programs or data obtained from or
via Atlantic.Net is at your own risk. Atlantic.Net specifically
denies any responsibility for the accuracy or quality
of information obtained
through its services.
9.
Duration of Connection:
Atlantic.Net's
"unlimited" access accounts are intended for interactive
usage only. These accounts are not intended to provide full-time
connections, and service may be disconnected after periods
of inactivity or after sessions of excessive length. Subscribers
may keep the connection open only when actively using it
and may not use any automatic method to avoid an inactivity
disconnect.
10.
Multi-Log Policy:
An Individual
account entitles only the named user to login, and only
on one dialup modem or TCP/IP session at a time. It is the
responsibility of the customer to maintain their password(s)
as private and confidential information. Business accounts
allow multiple individuals within an organization to access
Atlantic.Net, but only one at a time and only on one modem
or TCP/IP session. Other uses are considered fraudulent.
A charge equal to the monthly service fee may be charged
for additional concurrent login sessions within a billing
period.
11.
Termination:
Atlantic.Net
reserves the right to refuse or terminate service without
notice if the customer violates this agreement.
12.
Restrictions:
Atlantic.Net
exercises no control whatsoever over the content of the
information passing through its systems. Information stored
on the Atlantic.Net servers is subject to certain restrictions,
including but not limited to the following situations:
- Atlantic.Net
reserves the right to remove from its servers any customer-produced
information found to be offensive by members of the Internet
Community, or unlawful by federal and state regulations
(specifically but not only, protected material). Repeated
complaints may result in the termination of a customer's
account.
-
Bulk e-mail to more than 100 users from Atlantic.Net is
not allowed. Users sending letters with more than 10 recipients
must run consecutive mail delivery programs. Concurrent
mailings to more than 10 recipients and unsolicited commercial
mail to multiple recipients are strictly prohibited.
- Commercial
postings to non-commercial Newsgroups, or postings which
are directed to either inappropriate, unrelated, or more
than 20 groups is prohibited. The cross-posting of articles
into non-related Newsgroups is strongly discouraged due
to the congestion created by this practice.
- Storage
of user data must be done within the user's assigned home
directory, or as assigned by Atlantic.Net staff. Usage
of other disk space is prohibited, except by Atlantic.Net
system programs making temporary use of the system's public
filesystem areas. All accounts are allocated 4 megabytes
of disk storage space for e-mail. Unlimited access account
users are allocated 5 megabytes of disk storage space
for a Web page (excluding promotional accounts). Usage-based
account users are not allocated any disk storage space
for a Web page. Disk usage in excess of allocation is
billed at $1.00 per megabyte (in 5 megabyte increments)
over your normal allocation on a monthly basis.
13.
No-Spam Policy:
Atlantic.Net
maintains a strict no-spam policy. Spam shall herein be
defined as, but not limited to definition of, items 12.B
and 12.C above in this document. Any individuals who are
cancelled for spamming will
incur a $150.00 clean-up fee, which is neither negotiable
nor refundable. Any damages requiring extensive repairs
caused by spam will result in
the offending party being billed at a rate of $100.00/hour
until the repairs are completed to the satisfaction of Atlantic.Net.
14.
Domain & Site Restriction:
Atlantic.Net
reserves the right to block information including, but not
limited to email, web sites, and newsgroups, from domains
and sites which have been deemed an unacceptable risk due
to spamming of Atlantic.Net or with a history of spam originating
from said sites or domains, until such time as the originating
sites implement measures to cease outgoing spam.
15.
External Network Access:
Any
access to other networks through Atlantic.Net must comply
with the rules appropriate for that network. Unlawful or
intrusive access is strictly prohibited and includes, but
is not limited to attempting to penetrate security measures
and/or port scanning, whether or not the intrusion or attempt
results in corruption or loss of data. Such activities will
result in termination of service and/or legal measures.
16.
Complete Agreement & Amendments:
These
terms and conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted.
Atlantic.Net reserves the right to amend, alter, or modify
the Acceptable Use Policy at any time and in any way. Any
amendment, alteration, or modification is effective immediately
upon posting at Atlantic.Net’s Web site (http://www.atlantic.net/company_info/acceptable.htm).
Use of Atlantic.Net services constitutes acceptance of these
current terms and conditions. Violations of any provisions
contained herein may result in immediate termination of
service with no refund. Atlantic.Net reserves
the right to pursue legal action for any damages incurred
from violations of these policies.
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