Acceptable Use Policy

Atlantic.Net is proud to provide our customers a variety of services including infrastructure as a service, cloud VPS, colocation services, managed virtual servers and more. Atlantic.Net discourages activities that may infringe on the rights of others, including but not limited to security violations, copyright violations, harassment and violation of individual privacy rights. This Acceptable Use Policy (AUP) serves as notice that Atlantic.Net reserves the right to terminate or otherwise restrict use of any user’s account found to be in violation of any of Atlantic.Net’s guidelines. This AUP may be revised from time to time to reflect additional protections put in place. Continued use of Atlantic.Net services constitutes acceptance of any revised or additional terms of this AUP.

If you do not agree to the terms of this agreement please contact us at USA: 1.800.422.2936 or INT:1.321.206.3730 or [email protected] so that we may initiate termination of the account. USE OF YOUR ACCOUNT shall constitute your approval of the AUP.

Definitions
You, Customer, Client, Subscriber, and User refer to the party utilizing Atlantic.Net services.

Personal Files
Atlantic.Net is not responsible for backups of user’s personal files and information, unless Customer specifically is paying Atlantic.Net to do so. Additionally, Atlantic.Net reserves the right to delete any information pertaining to user’s accounts within a reasonable time that user is no longer a customer of Atlantic.Net.

Domain Registration Fees
Domain Registration Fees are nonrefundable after five (5) days from the time of registration. If the customer requests a refund during the initial five (5) days, they will incur a $2.00 processing fee.

Network IP address assignments
Any network IP address assignments issued by Atlantic.Net are the property of Atlantic.Net and are considered to be loaned to the Client. In the event service with Atlantic.Net is discontinued for any reason, such addresses will revert to Atlantic.Net. Users shall not use IP addresses not assigned by Atlantic.Net.

No Warranties
Atlantic.Net makes no warranties of any kind, whether expressed or implied, for the service it is providing. Atlantic.Net also disclaims any warranty of merchantability or fitness for a particular purpose. Atlantic.Net will not be responsible for damages the customer suffers. This includes loss of revenue, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its’s own negligence, subscriber’s errors or omissions, or due to the fault of third parties.

Contact Information
Atlantic.Net may need to communicate with its’s customers through email. It is the responsibility of the customer to furnish to Atlantic.Net the appropriate contact email address for such correspondence. It is the responsibility of the customer to check email sent to the primary login email address on the account. It is the responsibility of the customer to contact Atlantic.Net of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.

Taxes
Atlantic.Net shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Atlantic.Net’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Termination
Termination of any account will only take place upon phone request or by email. Atlantic.Net can be reached 24 hours a day at USA: 1.800.422.2936 or INT: 1.321.206.3730 or by emailing [email protected]

Cloud Service Limitations
Users may not use the network for CDN services, running Torrents or Seed Servers, TOR, crypto currency mining/generating, IRC or IRC bots, reselling services through their account to provide free bandwidth to others.

Prohibited Activities
To better ensure that Atlantic.Net accounts are not used for illegal/improper purposes, Atlantic.Net has delineated those activities that are deemed illegal or improper. Individuals who engage in the following activities may be subject to account termination or restrictions placed upon their accounts:

Obscene Materials/Speech
Using Atlantic.Net’s network to store or disseminate or otherwise make available child pornography is expressly prohibited. Any account found in violation of this prohibition will be terminated. Atlantic.Net is required by Federal law to notify law officials when it becomes aware of child pornography on its network.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet is prohibited.
Any individuals who are responsible for assigned IP addresses being added to a Realtime Blackhole List will incur a $50.00 clean-up fee per affected IP, which is neither negotiable nor refundable. Maintaining an open SMTP relay, or using SMTP services for spam or other malicious purposes, is prohibited.

Intellectual Property Violations
Engaging in any activity that may violate the intellectual property rights of another are prohibited. Protected intellectual property rights include, without limitation, copyrights, trademarks, service marks, software piracy, trade secrets, patents held personally and by corporate entities. Atlantic.Net is required by law to comply with orders to restrict accounts that have been found to violate the intellectual property rights of others.

Licensing
All software used on our services must be properly licensed and be in compliance with laws of the geography where the software is being used.

For customers that license Microsoft software products via Physical CPU count, CPU Core count, Subscriber Access License (SAL), Client Access License (CAL) or any other licensing models through Atlantic.Net, you agree to acquire the correct amount of licensing in correlation with the accepted licensing model and Microsoft’s Service Provider License Agreement (SPLA) software licensing standards.  You also agree your usage will not exceed your purchased license quantity. For SAL licensing, you agree to acquire and assign a SAL for each user that is authorized to access your instances of Microsoft software directly and indirectly, regardless of actual access of the server software.  For physical and virtualization operating environments, you agree to increase your Core Count or any other applicable resource only after purchasing adequate licensing through Atlantic.Net to keep your software usage properly licensed.

Customers are prohibited from removing, modifying or obscuring any copyright, trademark or other proprietary rights notices that are contained in or on any Microsoft Products. Customers are prohibited from reverse engineering, decompiling, or disassembling the Microsoft Products, except to the extent that such activity is expressly permitted by applicable law. Microsoft is not held liable to the extent permitted by applicable law, nor are there any warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Microsoft Software Services. Customer information may be disclosed to Microsoft or Microsoft resellers as required by Atlantic.Net’s vendors and agreements. Customer agrees that when utilizing Microsoft software, that Microsoft is a third party beneficiary of the End User Agreements, including this Acceptable Use Policy (AUP) , with the right to enforce provisions of this agreement and others signed with Atlantic.net to ensure and verify compliance of the End User.

High Risk Use
Any of Atlantic.Net Services are not designed or intended for high-risk applications, for use as online control systems or use in hazardous environments requiring fail-safe performance, such as in, but not limited to, the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the software could result in death, personal injury or physical or environmental damage. Any such use or application by you is outside the scope of this agreement and you are not authorized to use the Services in any such application.

Defamatory/Abusive Language
The use of Atlantic.Net’s network to post or otherwise transmit harassing, abusive, or threatening language is expressly prohibited.

Illegal or Unauthorized 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. Such activities will result in termination of service and/or legal measures.

Distribution of Internet Viruses, Worms, Trojan Horses, or other activities which Atlantic.Net reserves the sole right to be Destructive or Malicious are prohibited.

Facilitating a Violation of This AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP may result in the suspension or termination of your account or such other action as Atlantic.Net deems appropriate. Atlantic.Net reserves the right to determine if the engagement in activities, whether lawful or unlawful, may be harmful to its subscribers, operations, and reputation, goodwill, or customer relations.

Third Party Subscribers
In the event that a user of Atlantic.Net’s service is an ISP or reseller, any violations of user’s (third party) subscribers may be addressed directly by Atlantic.Net terminating or placing restrictions on that subscriber’s account. Atlantic.Net expects that the user will assist Atlantic.Net in enforcing the terms of this AUP against the user’s subscribers.

Privacy
Atlantic.Net recognizes that the Internet is not a completely secure form of communication. Atlantic.Net respects the privacy of its users and will not intentionally monitor communications from its users unless it is directed by governmental authorities to do so. Moreover, Atlantic.Net will disclose any information about its users in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Atlantic.Net assumes no obligation to inform the user if such information is requested.

Right to Damages
In the event that an act or omission by the User that constitutes a violation of this AUP causes economic damage to Atlantic.Net, Atlantic.Net will have a right to claim and collect economic damage from the User.

Indemnification
User agrees that it shall defend, indemnify, save and hold Atlantic.Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Atlantic.Net, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by User, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless Atlantic.Net against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Atlantic.Net’s server, (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party, (iii) copyright infringement and (iv) any defective product which Client sold on Atlantic.Net’s server.

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