SERVICE AGREEMENT

  

The following is the entire service agreement between Atlantic Webs Inc. (hereinafter "Atlantic Webs"™) and the personal or corporate account holder (hereinafter "CUSTOMER").

 1)     Service - Atlantic Webs™ will provide CUSTOMER with use of its computer systems, computer software and storage space on one or more servers which are accessed via the Internet, according to plans described at the site www.AtlanticWebs.com, in exchange for CUSTOMER paying the prescribed fee. 

 2)     Definitions – For the purpose of this agreement, the words and phrases “Site”, “WebSite”, “Access” and “Service” will be interpreted to refer to the CUSTOMER’S usage of the services provided by Atlantic Webs™, irrespective of the actual form.

 3)     Acceptance – This agreement will be deemed to have been accepted by CUSTOMER when the CUSTOMER first accesses Atlantic Webs™ servers for the service plan selected irrespective of whether CUSTOMER has either read or signed this agreement. Each instance of use of the services provided by Atlantic Webs™ will constitute a separate action accepting the agreement.

 4)     Confidentiality of Information –

a)     Atlantic Webs™ will not give or sell CUSTOMER personal, financial or confidential racking information to any third parties.

b)     Atlantic Webs™ will not give CUSTOMER personal, financial or confidential tracking information to any law enforcement authorities or legal agents without a properly executed court order.

c)      Atlantic Webs™ will not review, monitor, analyze or interpret the content of the CUSTOMER information except as provided by the plan described at the site www.AtlanticWebs.com. Specifically, Atlantic Webs™ cedes to CUSTOMER all responsibilities to manage and  review information its users post to Atlantic Webs™ servers.

d)     Both parties agree not to disclose to any third party, any information about the other which is not in the public domain including, but not limited to, marketing plans, diagrams, sales information, customer information, access codes, or passwords, irrespective of whether the information was transmitted to the other party with the notation “Confidential Information”. 

5)     Notice Concerning Internet Tracking -- Atlantic Webs™ retains the right to monitor and record the IP addresses, logon data, passwords and other of any  users of its servers as well to utilize “Cookies” and other Internet technologies in the management of its resources.  Atlantic Webs™ will, at its exclusive discretion, and without compensation to the CUSTOMER ban access from IP addresses of those parties who have violated the Acceptable Use Policy posted at www.AtlanticWebs.com. The use of cookies is in accordance with the generally accepted practices of the US Government and other industry groups, and typically provides temporary session management data which is automatically used by the user’s web browser. User’s may elect to disable cookies, although there is no guarantee that the website being accessed will function the same as if cookies had been enabled.

 6)     Financial Obligations  --

a)     CUSTOMER will make payments required by the selected plan in US Dollars in a  timely manner and as set forth by the selected plan;

b)     In the event a plan specifies a Startup Fee, such fee shall not be refundable in whole or in part;

c)      In the event a plan specifies a Deposit fee, such fee shall not be treated as a monthly service payment;

d)     Domain name registrations or fees paid to other service providers are not refundable by Atlantic Webs™. Treatment of any payments will be subject to the agreement from the respective service provider.

7)     Sales and Use Taxes -- CUSTOMER is liable for any taxes or other fees to be paid to local authorities, related to the purchase of services or merchandise from Atlantic Webs™. This provision is unrelated to  purchases made from storefront sites hosted on Atlantic Webs™ servers, which are the responsibility of the Seller (i.e., the merchant) operating the site. Under current regulations, Atlantic Webs™ does not collect sales tax under either New York or Federal law. Changes to this policy will be posted to www.AtlanticWebs.com.

8)     User liability - CUSTOMER is liable for all content on CUSTOMER site, including the legality and archival (i.e. making back-ups) of same.

9)     E-mail - e-mail service is subject to the following restrictions:

a)     CUSTOMER agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Atlantic Webs™, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;

 b)     CUSTOMER will not send spam mail (i.e. unsolicited e-mail);

c)   CUSTOMER will at all times be liable for the safeguarding of CUSTOMER password and account information;

 d)     If CUSTOMER breaches any term of this Agreement, Atlantic Webs™ reserves the right to delete CUSTOMER mailbox or disable email services without any compensation to CUSTOMER.
 

 10) Server Usage – usage of  Atlantic Webs™ servers is subject to the following restrictions:

a)     CUSTOMER agrees to use the servers for activities which are in accord with the Acceptable Use Policy  posted at www.AtlanticWebs.com, which may be modified from time to time;

b)     CUSTOMER will at all times be liable for the safeguarding of CUSTOMER password and account information;

c)      And, if CUSTOMER breaches any term of this Agreement, Atlantic Webs™ reserves the right to delete CUSTOMER server usage without any compensation to CUSTOMER.
 

12) Limitations --

a)     any content on CUSTOMER Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by Atlantic Webs™, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to CUSTOMER;

c)      if CUSTOMER exceeds the usage limits for the service subscribed to, CUSTOMER must either upgrade the subscribed service to a service that accommodates such usage, or reduce such bandwidth usage. Failure to comply will result in termination of CUSTOMER account, without any compensation to CUSTOMER; and

d)     CUSTOMER may not use any images, marks, or other content on CUSTOMER Web site that is owned by any Atlantic Webs™ partner, without explicit license or consent from that partner.

 

13) Amendments - CUSTOMER agree to abide by any amendments made to this Agreement, from time to time, as posted at www.Atlanticwebs.com.

 

14) Web site suspension or deactivation- if litigation or a similar adjudicative proceeding is commenced against CUSTOMER in respect of CUSTOMER SITE, upon receipt by Atlantic Webs™ of a court-issued copy of such proceeding, CUSTOMER SITE will be temporarily deactivated. The deactivation period will continue until CUSTOMER has provided Atlantic Webs™ with Court-issued documentation indicating that the CUSTOMER may continue to use the SITE. If CUSTOMER fails to defend any such proceeding, CUSTOMER SITE will remain deactivated, without any compensation to CUSTOMER.  During the deactivation period the CUSTOMER will be treated as if service had been continuously provided by Atlantic Webs™. 

15) Domain name registration - domain names registered through Atlantic Webs™ by CUSTOMER are governed by the terms and conditions from the Registrar and by The Internet Corporation for Assigned names and Numbers (www.icann.org).  Atlantic Webs™ has no authority to bind or modify the Registrar or ICANN.  

16) Refund Policy – any refund for service for a specific plan is subject to the terms posted at www.AtlanticWebs.com and, will be treated as defined in this agreement.

17)  No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.  The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Atlantic Webs™ can make no guarantee that any given reader shall be able to access Atlantic Webs's server at any given time. Atlantic Webs exclusively represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

 18) Limitation of Liability - Atlantic Webs™ is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the Atlantic Webs™ server, or losses or damages arising from the use of the content or services provided by Atlantic Webs™ or third parties in connection with Atlantic Webs™. Atlantic Webs™ is not responsible for any financial losses by CUSTOMER in association with CUSTOMER SITE.

 19) Indemnity - CUSTOMER agree to indemnify and hold Atlantic Webs™ harmless from and against, and to reimburse Atlantic Webs™ with respect to, any and all losses of every nature whatsoever incurred by Atlantic Webs™ arising out of (i) any breach of this Agreement by CUSTOMER; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.

 20) Renewal - upon expiration, the service plan associated with his Agreement will renew automatically for the same duration as most recently  agreed to, unless CUSTOMER advises Atlantic Webs™ forty-five (45) days prior to expiration. Renewal fees must be received by Atlantic Webs™ within fifteen (15) days of expiration of the current term, failing which CUSTOMER SITE account(s) will be placed on accounting hold. If the renewal fees are not received within ninety (90) days after expiration, all SITE and content will be deleted and removed from Atlantic Webs™ servers without any compensation or notice to CUSTOMER. Atlantic Webs™ reserves the right to not automatically renew any service plan.

 21) Termination –  

a)     both CUSTOMER and Atlantic Webs™ have the option to voluntarily terminate this agreement at any time, upon providing forty five (45) days prior notice to the other. Voluntary Termination will become effective on the earlier of the 90^th, 180^th or 270^th day after the start of service.

b)     If service to the CUSTOMER provides computer software, Atlantic Webs™ will have the sole option to either invoice the CUSTOMER at the then current Suggested Retail Price for the software or to require that all copies of the software in the CUSTOMER’S possession be destroyed.

c)      If service to the CUSTOMER required the purchase of computer hardware, Atlantic Webs™ will have the sole option to either invoice the CUSTOMER at the then current Suggested Retail Price for the hardware or to require that the CUSTOMER return the hardware at its expense.

d)     Atlantic Webs™ may immediately terminate this Agreement at any time without notice or compensation to CUSTOMER if CUSTOMER violates any term of this Agreement, engages in illegal conduct, posts illegal material, overwhelms Atlantic Webs™ servers or central processing units (CPUs), or engages in any conduct Atlantic Webs™ deems in its sole discretion to be disruptive or harmful. 

 22) Assignability - this Agreement is assignable to a third party by Atlantic Webs™ upon notice to CUSTOMER. Such notice will be published on the Web site www.Atlanticwebs.com.

 23) Notice – notice will be deemed to have been given by Atlantic Webs™ if it delivers to the CUSTOMER address provided to it a written communication by either certified post or a nationally recognized courier service. Notice by CUSTOMER will be deemed to have been given if it delivers to the address published on the Web site www.AtlanticWebs.com  a written communication by either certified post or a nationally recognized courier service. In the event that the CUSTOMER provided address is invalid for delivery, Atlantic Webs™ will be permitted to deliver by fax to either the CUSTOMER or the individual signer of the agreement, or by email to the account provided by the CUSTOMER.

 24) General Terms - the following terms apply:

 a)     this Agreement is governed by and construed in accordance with the applicable laws of the State of New York and the federal laws of the United States of America and will treated in all respects as a New York-based contract, exclusive of choice of laws provisions.

 b)     the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;

 c)      any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;

 d)     this Agreement, together with the policies prescribed at www.Atlanticwebs.com constitutes the entire Agreement between CUSTOMER and Atlantic Webs™;

 e)     any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;

f)        this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;

g)    Atlantic Webs™ maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;

h)  any failure by Atlantic Webs™ in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and

i)   all remedies available to Atlantic Webs™ under this Agreement will survive termination of this Agreement without limitation.