This agreement is entered into by you, the CLIENT and ATOMIC, an independent contractor. You agree to these terms & conditions as soon as a quotation has been accepted, payment is received against a quotation or services have been rendered.
ATOMIC reserves the right to change this Policy any time, so please check this section at least once a month or when in doubt.
ATOMIC is the organization also known as ATOMIC, ATOMIC MEDIA or ATOMIC DESIGN that has been hired by you, the CLIENT, as an independent contractor to provide services including but not limited to graphic design, website design, motion design, 3D modelling, website hosting, website maintenance, administrative services, publishing, desktop publishing, flip page publications and newsletter management. In this agreement “we”, “our” or “us” also refers to ATOMIC, its owners and employees.
The CLIENT, also known as “you”, is the person(s) or organization(s) to whom the invoice or quotation is addressed (whether or not the CLIENT is acting for a third party).
The decision as to whether to accept or provide any service for the CLIENT is at our sole discretion.
- You may cancel your hosting account at any time by emailing info(at)atomic.co.za. Your account will be deleted immediately on receipt of the cancellation email.
- If you would like to cancel any other service offered by ATOMIC you will need to provide written one month's notice.
- Please ensure that before you pay any money to us, that you are aware of our refund policy.
- Any funds paid to ATOMIC constitute full acceptance of the quote and/or invoice against which the funds were paid.
- Deposits are always calculated at 50% (fifty percent) of the full project value.
- Upon receipt of payment we allocate time and resources to your project. During this time we are unable to on-board any other clients. In lieu of this, deposits are non-refundable.
- Balances are only refundable in the form of credit against your account IF agreed upon by both parties and no work has been done on the project at the time the refund was issued.
- If agreed in writing that a refund is warranted, any penalties, fees and/or costs to us will first be deducted and the remainder will be credited to your account which can be redeemed for any service we offer at our prevailing hourly rate at a time agreed to by both parties.
- When necessary, usually in cases of spam and server abuse, ATOMIC reserves the right to terminate a hosting account at any time, for any reason, (which reason may or may not be provided at our sole discretion). If an account is terminated, the balance of any hosting fees will be refunded in full. If an account is terminated, it will not be possible to access any files or emails which were stored on the server at the time of termination. For this reason it is important that you make use of the tools provided in your control panel to make regular backups of your hosting account(s).
- You agree to use all ATOMIC services and facilities at your own risk. ATOMIC specifically disclaims all warranties of merchantability and fitness for a particular purpose.
- In no event shall ATOMIC be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
- You agree that you shall defend, indemnify, save and hold ATOMIC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ATOMIC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns.
- You agree to defend, indemnify and hold harmless ATOMIC against liabilities arising out of:
- Any injury to person or property caused by any products or sold or otherwise distributed in connection with ATOMIC;
- Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement;
- Any defective products or sold to customers from ATOMIC.
- ATOMIC shall be the sole judge of what violates this Policy.
SERVER ABUSE POLICY
- If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again.
- We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.
NO MASS EMAIL MARKETING OR “FREE EMAIL” BUSINESSES ALLOWED!
- We do not allow mass email marketing sites on our servers and no mass emailing of any kind whatsoever is allowed on our network. It doesn’t matter if it’s “opt-in email marketing”, we simply do not allow sites of that nature to be hosted on our network. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites without prior notice.
- ATOMIC has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either:
- Over the ATOMIC network, by customers or any other users of the ATOMIC network;
- And/or over any network if the message sent advertises or mentions a site hosted on the ATOMIC server.
- We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an ATOMIC email address or web site URL is prohibited.
- The use of ATOMIC servers as a mail drop for responses to activities described above is also prohibited.
- If your main domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right to a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.
- If you have any complaints or comments regarding Spam on our network, please direct them via email to email@example.com
- All services provided by ATOMIC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, Swiss, United Kingdom or United States Federal, State, Provincial or City law is prohibited.
- This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization.
- The subscriber agrees to indemnify and hold harmless ATOMIC from any claims resulting from the use of the service which damages the subscriber or any other party.
- Sites that promote any illegal activity or present content that may be damaging to ATOMIC servers or any other server on the internet are prohibited. Links to such materials are also prohibited.
- Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- Online gambling
- ATOMIC does not allow the hosting of web pages, links or content of any nature whatsoever which promotes or links to the websites of its competitors.
- Any illegal activity, online gambling, spamming or hacking will result in your site being shut down.
- ATOMIC will be the sole arbiter as to what constitutes a violation of this provision.
- ATOMIC enforces a strict “No SSH” policy except at our sole discretion. Any domain that uses a script which can be used to elevate privileges or enable SSH services will be suspended or terminated, immediately.
SCRIPTS AND SOFTWARE POLICY
- You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other ATOMIC customers.
- ATOMIC is not responsible for any scripts or software that you use in your hosting. It is not our responsibility to ensure your scripts or software functions correctly. Please don’t expect our support techs to troubleshoot aspects of the scripts or software that you use on your sites hosted on our servers.
- ATOMIC provides technical support for the Server & Server related software’s. Any scripts included in your Control Panel for use or installations are 3rd Party scripts and are not supported by ATOMIC.
- The following scripts are banned due to the potential harm they can cause to other sites on the same server:
- Torrentflux (and similar scripts)
- AlienForm (all versions)
- Greymatter (all versions)
- Open Webmail
- Ikonboard (all versions)
- IRC Egg Drops & IRC related programs.
- Chat software
- Proxy Servers & Scripts (EX: nph-proxy)
- Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
- The Anonymizer
- UltimateBBS (all versions)
- YABB + YABB se (all versions)
- Any script that uses / processes a massive number of flatfiles or large flatfile databases.
- If we find banned scripts active in your account, we will suspend your account and disable or remove the offending script and send you an email notifying you of our actions.
- WordPress accounts may not be used to host “blog farms” or multiple websites via subdomains or systems such as BuddyPress for free (or paid) hosting or free (or paid) blogging services.
REFUSAL OF SERVICE
- We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.
- Any deliberate attempt to cause damage to ATOMIC’s servers, the ATOMIC network or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
- ATOMIC does not make backups of websites, it is the CLIENT’s responsibility to ensure their website and data is backed up. You can however request daily backups at an additional fee.
- It is the CLIENT’s responsibility to have a good working knowledge of aspects of their site’s operation. Please do not expect the ATOMIC support staff to teach you how to use aspects of the tools at your disposal, and especially not the software (such as email and FTP CLIENTs) which you have installed and run on your own PC.
These Terms & Conditions were last updated on 10 April 2016.