ATS Hosting - Terms Of Service
1.0 - Account Creation & User Information
Your account will be immediately created after we have received payment. All order information is stored including the date, time, and IP address for further review if ever need be to prevent fraud. After payment, your information will be sent to the email address you provide us with so it must be valid. It is your responsibility to provide us with your correct information and keep it up to date at all times. Providing us with false information will have your order denied or your account with us terminated.
1.1 - Domain Registration
After you have selected your domain name and made payment, your domain name cannot be changed. If you wish to have another domain you must register a new domain by submitting a ticket to us or by registering it through a 3rd party. All domain names that are regestered thru ATS have our information on the registration . We have no way to add all that information with having you personaly regester them . If you want to have this done in your name then please contact us via support but you will be responsible for the yearly up keep of cost. You do not need to open a new account with us to have an additional domain. You can simply add it on to your existing account with us as an addon domain. Please note that if you cancel your account and wish to take your domain name with you you will need to take owner ship of this domain name and pay $10.00 for one year regestration and $5.00 service charge.
1.2 - Account Transfers
We provide website transfers to those that need them. We cannot make any guarantees regarding the time frame of the transfer, the availability of our staff nor that the transfer will be 100% successful. We can only guarantee that we will try our best to get your current website transferred to us.
2.0 - Website Content
The services of ATS Hosting may only be used for lawful purposes. By becoming one of our clients you agree to indemnify and hold ATS Hosting harmless from any claims resulting from the use of our services.
The use of your account to host or offer fraudulent, counterfeit, or pirated content/merchandise will cause your account to be terminated without refund. Unauthorized distributing of copyrighted material is not allowed.
You may not use your hosting account to store any files or backups. ATS Hosting is not a file storage company but a website hosting company. You may not use your account to host any files that are not related or used for your website. An example of inappropriately using your hosting account is using it to store a backup of your computer.
2.1 - Unacceptable Content:
- Live streaming of content is not allowed on our servers. (HTTP streaming is allowed)
- Script based banner ads are not allowed. (Static Html ads are allowed)
- Pirated Software(Warez)
- AutoSurf/PTC/PTS/PPC sites
- Nulled Scripts
- Ponzi Schemes
- Streaming Video and Audio sites
- File Hosting sites
- File Storage sites
- Hateful/Racist oriented sites
- IRC
- Illegal Pornography
- Proxy scripts
- Mail Bombers/Spam Scripts
- Brute force Programs & Scripts
- Fraudulent Sites
- Phishing
- Mail bomber Scripts
- Mailer Pro
- Illegal Pornography
- IP Scanners
- Websites linking to Warez or Illegal content.
- Topsites
It is your responsibility to contact us if you are in doubt of whether your website is acceptable before placing an order.We reserve the right to refuse service to anyone.
It is the clients responsibility to ensure that all scripts and programs you install on your website are secure and setup properly to prevent security breaches on your website. You are responsible for all actions made to your account.
3.0 - File Backups and Data Loss
Your use of this service is at your sole risk. We are not responsible for any files or data residing on your account. By using our service you agree to take full responsibility to backup and maintain all files hosted on your account with us.
3.1 - Automatic Account Backups
Account backups are performed every Thursday and Sunday mornings. Accounts that use more than 50,000 inodes or 5GB of disk space will be removed from the automatic backups.
4.0 - Account Payment
You agree to provide the appropriate funding necessary for payment each month. Your account will be automatically billed 1 month after your purchase date for as long as you keep your account active. All payments are subscription payments via Paypal or Alertpay and will remain active until cancellation. No refunds will be given.
As a user of our services it is your responsibility to ensure that your payment information is up to date at all times and that all payments are made on time.
5.0 - Zero Tolerance Spam Policy
ATS Hosting does not allow the use of it's services for spamming. Sending unsolicited emails, bulk emailing, or emailing purchased email lists is not allowed and will cause your account to be suspended. Any accounts sending which results in one of our IP addresses being black listed will have theyir account terminated.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. The cost of the clean up fee is at the discretion of ATS Hosting.
All emails sent from our servers must be to subscribed contacts and must include a Unsubscribe link in the footer of each email. You must also agree to follow the rules and restrictions as outlined in our Mail Policy.
5.1 - Personal & Business Hosting
Web hosting provided by ATS Hosting is for personal and business use only. You may not resell your hosting space and may not share it with others.
6.0 - User Resource Usage
User May Not:
1) Use more than 25% of system resources for more than 45 seconds.
2) Run any software that interfaces with an IRC network.
3) Run web spiders or indexing programs.
4) Run any gaming servers.
5) Run cron jobs at intervals of less than 15 minutes.
6) Send more than 500 emails per hour through SMTP(does not apply to ATS Email Marketer)
7) Run more than 30 simultaneous connections to Apache.
6.1 - Inode Limit
Any account to be found using more than 200,000 Inodes will be flagged for review and may be suspended until the problem is resolved. Every website file, image, folder, and email is equal to 1 Inode.
Users that constantly delete and upload large numbers of files on a regular basis will have their accounts suspended.
7.0 - Uptime Guarantee
If your account experiences downtime that does not fall within our 99.9% guarantee you will be credited 1 month of free service. Approval of this credit is at our discretion. Our guarantee only applies to our servers uptime and not your internet connection.
8.0 - Price Changes
Your monthly bill will never increase from your date of purchase. We reserve the right to change and modify prices for future customers.
9.0 - Cancellations and Refunds
Customers may cancel their accounts at any time by canceling their subscription through the payment processor used at payment.
Academy Team Solutions has the right to terminate your account at any time without a refund or notice.
Academy Team Solutions does not offer any refunds for any service, product, or upgrade.
10.0 - Affiliates/Distributors
You are aware that all clients of ATS Hosting are automatically Affiliates/Distributors of our products. If you do not wish to participate you do not have to.
10.1 - Commissions
All commissions are paid on the 1st of every month via Alertpay. Commissions are held for a full 48 hours before they are cleared to protect us from fraudulent transactions. It is your responsibility to provide us with your correct payment information for us to send you your commission payments. Commissions will be generated every time you refer an individual to ATS Hosting and they purchase our service. You will be paid commissions monthly for as long as your referrals pay their monthly bill for our services.
You will not be paid for everyone in your downline. You will only be paid for the members in your downline which have successfully submitted payment to us. All members that fail to make their first payment will be removed from the system within 7 days.
10.2 - ATS to Distributor Relationship.
You and ATS Hosting are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the ATS Hosting and ATS Hosting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
It is your responsibility to keep record of your commission earnings as an ATS Hosting distributor and file them accordingly. It is your responsibility to report your earnings in accordance to the laws and outlines set by your state/province and country.
10.3 Responsibility of Distributors
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of ATS Hosting or state law;
- Provide inaccurate or incomplete information to ATS Hosting concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may only be used on pages or sites in which the other content represented on the site is related to ATS Hosting
You are free to bid on PPC networks for keywords related to ATS Hosting with the intent to direct traffic to ATS Hosting. However, the following terms are not allowed:
- "ATS Hosting Official Website"
- "ATS Hosting Company Website"
However, you may bid on a phrase that includes any of the above terms, eg. "ATS hosting review", "AcademyTeamSolutions.com hosting", etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.AcademyTeamSolutions.com" or "academyteamsolutions.com".
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the ATS Hosting brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as ATS Hosting or presenting themselves in a way that could be confused with ATS Hosting.
11.0 - Disclaimer
ATS Hosting shall not be responsible for any damages your business may suffer. ATS Hosting makes no warranties of any kind, expressed or implied for services we provide. ATS Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ATS Hosting and its employees.
12.0 - Disclosure to Law Enforcement
ATS Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
13.0 - Web Room Responsibility
RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that You are solely responsible for the content of all visual, written or audible communications sent by You or in omNovia meetings hosted by You. You agree that You will not use the Services to send unsolicited commercial e-mail outside Your company or organization in violation of applicable law. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although omNovia is not responsible for any such communications, omNovia may delete any such communications of which omNovia becomes aware, at any time without notice to You.
If Academy Team Solutions finds you to be in violation of these terms, your account may be canceled immediately and without notice to you.
13.1 - Web Room Conduct
If you choose to use the web rooms (webinar room) for direct marketing purposes to Academy Team Solutions members... your web room (webinar room) can and will be canceled without notice to you. If you are found in violation, you will not be entittled to a refund of any kind for your room. These rooms are not to be used for promoting other programs to Academy Team Solutions members.
14.0 - Changes to the TOS
ATS Hosting reserves the right to revise its policies at any time without notice.